Terms & Conditions

 

By signing the agreement, the ‘Client’ understands and accepts the following conditions:

• The ‘Client’ refers to the entity entering this agreement with OtagoIT.
   

Payment terms & Quotations

 

• ​Our payment terms are 14 days on receiving invoice.

• The Quote is valid for 30 days from above date.

• The Quote does not include project management of external contractors unless otherwise stated by OtagoIT.

• All contracts are subject to a 50% deposit due at the time of signing the contract. The balance will be due on completion.

• OtagoIT reserves the right to ‘switch off the website due to non-payment of any outstanding monies due to OtagoIT at any time.

• Annual charges for any hosting, search engine optimisation, SSL certificates or statistics will automatically renew for successive periods equal to the initial term. The client may cancel any subsequent term by giving 30 days written notice prior to the expiry of that term. The renewal will cover the same services as contained in this contract. The rate payable will be invoiced 30 days prior to each renewal period. The balance of the contract payment method that forms a part of this contract will be used to process payments for any subsequent terms.
   

Liability

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• OtagoIT will not be responsible for any pre-recorded, registered, patented or copyrighted sounds, music, text, images etc. that the ‘Client’ wishes to utilise on their website. This is at the sole risk of your company. You should seek independent legal advice if you are unsure. OtagoIT will not be liable, professionally or legally for any content on the website.

• Whilst all care is taken with system security, OtagoIT will not accept responsibility for the loss of data or security problems. This includes any loss that could otherwise be deemed an ‘Act of God’. OtagoIT aims to take reasonable care to prevent this, but takes no responsibility should this occur.

• OtagoIT provides no guarantee regarding the availability of the hosting service. The client also indemnifies Wix.com against any losses by the ‘Client’ resulting from any failure or non-availability of hosting services.

• Wix.com and its search engine optimisation service provide no guarantee of any nature to the client, with respect to search engine rankings, positioning and the resultant demand for, or sales of, the client's products or services.

• OtagoIT provides no guarantee of search engine registration, website functionality or statistics where the service is hosted externally.
   

Cancellation & Refund Policy

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• Upon the client signing the contract the agreement is non-cancellable and no refund will be given. All monies will become due upon non-compliance by the client. If the client fails to remit a deposit after signing the contract all monies will become due 14 days after the due date and in the case of the deposits being paid, there will be no refund under any circumstances.

• OtagoIT reserves the right to terminate the connection/account at any time if the service is used in a way that OtagoIT deems inappropriate. This includes:

  1. Spamming (sending unsolicited promotional electronic mail)

  2. Downloading or storing of content that could be deemed ‘NC’ by the Australian Broadcasting Authority (ABA) or prosecutable under Australian Law. This includes things such as illegal software, software cracks and pornography.

• Obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements or material which violates the privacy rights or property rights of others, or is likely to be defamatory of another person.
   

Content

 

• One website page is defined as a maximum of 600 words of text and up to 10 thumbnail pictures.

• The content required to design and develop the ‘Clients’ website includes:

• All items of stationary, sales brochures, marketing material, catalogues, photographs, company profiles and any material used in promotion of the ‘Clients’ organisation.

• Must be supplied to OtagoIT within 14 days of signing the contract. Failure to do so may result in a delay in design and development.

• All work in progress and/or completed remains the property of OtagoIT until all outstanding monies have been paid in full.

• During the development process, further additions or changes may be suggested by the OtagoIT and implemented subject to the approval of the ‘Client’ at the ‘Clients’ cost.

• In the case where the website development includes a Content Management System (CMS), it is the

• responsibility of the ‘Client’ to load relevant content into the CMS driven sections.

​Website

 

• Upon presentation and inclusion of all images and text and after the functionality has been installed, the site is deemed complete, the ‘Client’ will have 7 days to advise of any changes. Failure to notify will result in the contract being deemed complete and all outstanding monies will become due and payable in full.

• OtagoIT reserves the right to access statistical data derived from the ‘Clients’ website and use it for her own purposes.

• OtagoIT reserves the right at all times to promote a ‘Clients’ website for the purposes of

• OtagoIT owns marketing through appropriate means including, but not limited to, the placement of OtagoIT logo and hyperlink on the ‘Clients’ homepage and listing of the ‘Clients’ website in an OtagoIT directory.

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Privacy Policy

 

• OtagoIT is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

• We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

• A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

• What is Personal Information and why do we collect it?

• Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers.

• This Personal Information is obtained in many ways including [interviews, correspondence, by telephone and facsimile, by email, via our website www.yourbusinessname.com.au, from your website, from media and publications, from other publicly available sources, from cookies- delete all that aren’t applicable] and from third parties. We don’t guarantee website links or the policy of authorised third parties.

• We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

• When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

1. Security of Personal Information

• Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

• When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

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Policy Updates

 

• This Policy may change from time to time and is available on our website