Damas Group Pty Ltd (ABN: 58 162 956 274) of Honeyeater Crescent Beaumont Hills, New South Wales, Australia.
Standard Terms and Conditions dated 15th July 2015
Company: Damas Group Pty Ltd, incorporating, That Tech Guy, Damas Group its staff and representatives.
Client: Any person, firm or organization who has requested the provision of goods and services by the Company.
Completion and signature of the Damas Group “Client Agreement” form indicates the client’s agreement, understanding, and acceptance of these Terms and Conditions.
Ticking the Acceptance box during signup using our online services indicates the client’s agreement, understanding, and acceptance of these Terms and Conditions.
All contracts, whether written or verbal, between Damas Group Pty Ltd and the Client, will be governed by NSW / Australian law, and the parties agree to submit to the jurisdiction of the Australian Courts.
FEES AND PRICES
That Tech Guy, all fees, and prices are published on our website https://thattechguy.com.au all additional items and/or custom work will be quoted.
Prices are subject to change without notice at the discretion of Damas Group Pty Ltd.
The minimum contract term for all Damas Group Pty Ltd services including That Tech Guy and Damas Group is one (1) month from the date of acceptance.
After the initial term of one (1) month is reached, unless canceled the contract will auto renew under the current terms.
Terminating your Contract after the Minimum Term
You may terminate your Contract to expire at any time after the Minimum Term by giving us at least one (1) months’ notice. You are free to restore your Contract throughout this notice period, should you change your mind.
Terminating your Contract during the Minimum Term
You may terminate your Contract before the Minimum Term of one (1) month however you will not receive any refund for the part of the month not used.
Monthly fees and charges can be paid by the following methods,
Monthly in advance by Direct Debit only from a nominated Bank Account or Credit Card
Quoted and/or Additional Custom Work can be paid by the following methods,
Direct Deposit or Credit Card within Seven (7) days from invoice date
The Client acknowledges that should ANY amount not be paid by the due date or any payment by cheque be unpaid, the entire balance then outstanding shall immediately become due without notice of any nature.
Right to withhold provision of goods and services
If ANY amount remains unpaid, the Company reserves the right to cease the provision of ALL services until such time as all outstanding amounts are paid. The Client shall remain liable for all charges due throughout the period of suspension.
We reserve the right to cancel or stop delivery of any order due to delinquency in paying past due balances or failure to meet payment terms.
Recovery costs and actions
In the event of the Company instructing its Solicitors to collect an overdue amount all legal fees and collection charges and tracing agent fees, as between solicitor and Company, shall be borne by the Client and all payments made shall firstly be allocated towards such fees and charges and thereafter to interest and finally to the capital sum outstanding. The Client hereby authorizes the Company to make inquiries, at any time, and from time to time, to a credit reporting agency relating to the Client’s individual account, should it be required.
The Client hereby consents to the laws of the state of New South Wales for all actions which may be instituted against it for the recovery of any amount owing to the company.
Damas Group Pty Ltd will issue quotes for all work outside our standard packages.
Depending on the amount of work and value of the quote all payment terms will be shown on the individual quote.
All quotes are valid for thirty (30) days unless stated otherwise on the quote
That Tech Guy PREMIMUM MANAGEMENT PORTALS
All plans of the My Childcare Premium Management Portals are valid to be used at one physical site location only. If you have more than one physical site a separate plan is required for each site.
It is the client’s responsibility to hold all original data inputted to the That Tech Guy Premium Childcare Management Portals.
Backing up of data is carried out every seven (14) days unless otherwise stated. Damas Group Pty Ltd will not be held responsible for any action regarding delays, breakdown or data loss caused by either a third party provider or our own dedicated servers. If a backup has to be restored a fee will be payable to Damas Group Pty Ltd based on the current hourly rate and time taken to complete the work.
Any data (Client Data is all the data, including all text, sound, software or image files that you provide, or are provided on your behalf, to us through your use of the Services)or other content inputted by any licensed user through the hosted services of this site will remain the property of the licensed user who will at all times remain responsible for any liability as may arise whether by any laws either applicable to Damas Group Pty Ltd or in a jurisdiction arising because of the licensed user or how that data was transmitted including but not limited to any laws concerning privacy, intellectual property or copyright.
The licensed user agrees to only use this site and the hosted services for Childcare Centre Management purposes and will not in any way use the hosted services to transmit any information that may be offensive (whether because that information is abusive, defamatory, threatening, pornographic or would other be considered disparaging of any person) or that may cause harm to a computer system (including a virus, bot, worm or other harmful code). Damas Group Pty Ltd may remove any data from the hosted services for any reason and without notice.
Client data inputted to the That Tech Guy Premium Management Portals can be retrieved from the site by the client using the procedures located on the Damas Group help site. Mass extraction of data is not possible due to the storage methods utilised to ensure optimal server space is maintained at all times.
Server Storage Space
All plans are subject to the Damas Group Pty Ltd acceptable use policy, while the Family Day Care plan has a total data limit of 5GB and the Childcare Centre plan has a total data limit of 10GB.
WEB – CONTENT
Clients are required to ensure that the content of their website meets all the current Australian legislation regarding publications. The client shall further indemnify Damas Group Pty Ltd in respect of any claims, costs and expenses that may arise from any material included in their site by Damas Group Pty Ltd at the Client’s request.
Damas Group Pty Ltd reserves the right not to include any material supplied by the Client if Damas Group Pty Ltd deems it inappropriate or offensive.
Damas Group Pty Ltd reserves the right not to commence or continue work on a project if all content, documentation and/or images deemed necessary by Damas Group Pty Ltd have not been supplied by the Client.
A single website page is deemed to be the equivalent of 1 normal A4 sized page or less containing the equivalent of size 14px Arial font or Times Roman 12 points and does not include anything other than text.
Images and image enlargements (e.g. pop-ups) as well as tables, forms, copy writing, Flash, plug-ins, add-ons and scripting or anything else that takes a considerable amount of time to source or produce are deemed extras and therefore require additional charges.
Website re-designs will be quoted as using the same text and exact same images and sizes as the old website.
Any stock images supplied by Damas Group Pty Ltd are only licensed to Damas Group Pty Ltd and cannot be transferred to the Client therefore we recommend Clients source and supply their own images if they wish to use them on other media.
WEB – ALTERATIONS
Damas Group Pty Ltd will not accept any responsibility for changes carried out to the web site by our clients or third parties.
If we are required to correct and/or fix any work that was not carried out by Damas Group Pty Ltd this is considered additional and will be charged at the current hourly rate.
Any changes and/or corrections required by the client after the site has been completed is additional work charged at the current hourly rate.
WEB – COPYRIGHTS
The Client will obtain all the necessary permissions and authorisations in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the Client.
Supply of above mentioned material by the Client shall be regarded as a guarantee by the Client to Damas Group Pty Ltd that all such permissions and authorities have been obtained.
No responsibility will be accepted by Damas Group Pty Ltd for damages to or losses incurred by the Client from the use of material for which the required permission or authority has not been obtained.
All original graphics created by Damas Group Pty Ltd and specifically commissioned for sole use by the Client, remain the property of Damas Group Pty Ltd until the Client’s account has been paid in full, at which time ownership of said graphics will reside with the Client.
All services carried out by Damas Group Pty Ltd on a Client’s website remain the property of Damas Group Pty Ltd until the Client’s account has been paid in full.
WEB – ERRORS AND OMISSIONS
Damas Group Pty Ltd will use all due care to ensure sites worked on by Damas Group Pty Ltd are free of errors notwithstanding Browser compatibility issues (see “Browser Compatibility” below).
Damas Group Pty Ltd will correct any errors made by the staff of Damas Group Pty Ltd in the course of working on a Client’s site.
Damas Group Pty Ltd does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet.
WEB – CANCELLATIONS AND DELAYS
Should the Client wish to delay any work, for any reason whatsoever, then Damas Group Pty Ltd shall be entitled to payment in full for the portion of work completed.
The Client must advise Damas Group Pty Ltd in writing of a request to hold further work or not to proceed with work.
The Client cannot cancel work except upon terms, which compensate Damas Group Pty Ltd for all work done and materials used or specially acquired to complete the job, to the date of the cancellation.
WEB – BROWSER COMPATIBILITY
Ensuring that websites and applications operate well in various web browsers is an essential but expensive aspect of web design due to all web browsers having different programming requirements. Due to non-standard compliance between current popular browsers Damas Group Pty Ltd will not guarantee that websites and applications will look and/or operate the same in every respect.
WEB – HOSTING
Damas Group Pty Ltd provides our own quality dedicated servers located in Australia.
Backing up of data is the responsibility of the Client unless otherwise stated. Damas Group Pty Ltd will not be held responsible for any action regarding delays, breakdown or data loss caused by either a third party provider or our own dedicated servers.
SUPPORT AND MAINTENANCE
Damas Group Pty Ltd offers support via the following mediums,
Ticket system – Available Monday to Friday, 9 am to 5 pm EST, via the DAMAS Help site.
An average of 5 support requests is permitted per month.
Maintenance to address technical issues will be carried out if required free of charge and the client will be given advance notice of any intended maintenance.
Upgrades to existing sites such as installing the latest versions of software are at an additional cost and will not automatically be performed. Damas Group Pty Ltd will provide in writing any upgrades that are available, the associated costs and benefits. It is the client’s responsibility to advise Damas Group Pty Ltd if they wish to proceed with the upgrade and in doing so accept all costs associated with the work.
LIMITATION OF LIABILITY AND DISCLAIMER
While Damas Group Pty Ltd has made efforts to ensure the Site is free from errors, it is possible that the Site could contain errors, inaccuracies, and omissions. It is also possible that, from time to time, some or the entire Site may be temporarily inaccessible or may not function properly. Damas Group Pty Ltd provides the Site “as is” and makes no warranties of any kind implied or express except as required by law. You agree that all warranties express or implied are excluded. To the maximum extent permitted by law, Damas Group Pty Ltd excludes all liability for any loss or damage whatsoever suffered in connection with the use of any of the Damas Group Pty Ltd websites, or in connection with the inability to use any of our websites.
Damas Group Pty Ltd tries to ensure that the Site is available 24 hours a day. However, the limitation of liability and disclaimer above apply equally to the availability of the site. Damas Group Pty Ltd is not liable if for any reason this Website is unavailable at any time and for any period and for any reason. Damas Group Pty Ltd may suspend access to the Site without notice at any time.