1 Definition of terms
The Supplier: Matthew Doyle T/A Elated Communications, PO Box 3313, Robertson, NSW 2577, Australia.
The Client: the entity which enters into a contract with Matthew Doyle T/A Elated Communications by purchasing any of the Services offered on the Supplier’s website, www.techsavvytigers.com.
Domain Name: the root address of a Website, e.g. www.techsavvytigers.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
Downtime: time when the Website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
Host: the computer on whose system a Website physically resides.
Website: a collection of web pages and associated code which forms an integrated presence.
The Service: the subject matter of the contract between the Client and the Supplier.
The Work: materials, such as web pages, images, text and software, delivered by the Supplier to the Client as a result of carrying out the Service.
2.1 Third parties
The Supplier can take no responsibility for services provided through them or otherwise by third parties, including the Hosting of the Client’s Website, although the Supplier will endeavour to ensure that Website downtime is kept to a minimum.
2.2 Maintenance and correction of errors
Errors in the Work (both technical and typographical) attributable to the Supplier will be corrected free of charge. However, the Supplier reserves the right to charge a reasonable fee for correction of errors or for making changes for which the Supplier is not responsible, including, but not limited to malicious modification of the Work by a third party, typographical errors contained in materials provided to the Supplier by the Client, and changes requested by the Client after the Work has been delivered to the Client. Any errors made by the Supplier should be reported to the Supplier by the Client, in writing, within 30 days of the delivery of the Work. The Supplier is not responsible for correcting any errors after this 30-day review period.
2.3 Extent of work
Any and all communications between the Supplier and the Client are via email only. The Supplier does not provide support via telephone, SMS, or any other medium.
2.4 Consequential loss
Under no circumstances will the Supplier be responsible or liable for financial or other damage caused by the failure or use or misuse of the Service. Clients should ensure that they regularly make their own backups of their websites and data, and that a contingency plan is in place to minimise possible losses. Clients are also strongly advised, after the Service has been completed, to reset any passwords that were disclosed to the Supplier in order to carry out the Service.
2.5 Status and duration of offers
Proposals and offers are valid for a period of one month from the date issued. The Supplier is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the Service has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
2.6 “Small Job” service
The Supplier offers a “Small Job” service. A “Small Job” is defined as a job that takes a maximum of 30 minutes for the Supplier to complete, and that falls into one of the categories listed on the web page at www.techsavvytigers.com/services/packages/#small-job.
When a Client requests a “Small Job”, they must provide, in writing, a full specification for the job. The Supplier reserves the right to reject the job request if the Supplier believes it does not fall into the definition of a “Small Job”.
If the Supplier accepts the job request, the Supplier agrees to carry out the job according to the specification, and to deliver the Work to the Client when the job has been completed.
The Supplier is not responsible or liable for making any changes to the Work after it has been delivered to the Client, unless it is to correct errors made by the Supplier. If the Client wishes to make changes to the Work after it has been delivered, the Client must submit another request for a new “Small Job”.
3 Payment and completion of work
3.1 Payment and refunds
The Client must make payment for the Service in full before the Supplier commences work on the Service. All refunds are made at the discretion of the Supplier.
3.2 Completion of service
The Supplier warrants to complete the Service in accordance with these Terms and Conditions to the specifications agreed with the Client. The Supplier will not charge more than the amount agreed unless the Client has varied the specifications of the Service since the agreement. The Supplier will not undertake changes to the specifications of the Service which would increase the cost, without prior written authorisation from the Client. However, for the Tiger Care subscription, the Supplier reserves the right to alter the monthly subscription fee without prior notice.
3.3 Supply of materials
The Client is to supply all materials and information required for the Supplier to complete the Service in accordance with the agreed specification. Such materials may include, but are not limited to, images, fonts, written-copy, logos, and login details (such as usernames and passwords). Where the Client’s failure to supply such materials leads to a delay, the Supplier has the right to extend previously agreed deadlines for the completion of the Service by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Service for more than 21 days, the Supplier has the right to invoice the Client for any portion of the Service already completed.
4 Intellectual property
4.1 Offers and proposals
Offers and proposals made by the Supplier to potential clients should be treated as trade secrets and remain the property of the Supplier. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from the Supplier. This includes, but is not limited to, technical features, functionality, visual designs, and pricing information.
4.2 Warranty by client as to ownership of intellectual property rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, fonts, registered company logos, names and trademarks or any other material it supplies to the Supplier for inclusion in the Work. The conclusion of a contract between the Supplier and the Client shall be regarded as a guarantee by the Client to the Supplier that all such permissions and authorities have been obtained and that the inclusion of such material in the Work would not constitute a criminal offence or civil tort. By agreeing to these terms and conditions, the Client removes the legal responsibility of the Supplier and indemnifies the same from any claims or legal actions however related to the Service, the Work, or the content of the Client’s Website.
4.3 Domain name
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify the Supplier, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the Domain Name sought is not a trademark of a third party.
Once the Supplier has received full payment of all outstanding invoices and the Work has been delivered to the Client, the Client is granted a licence to use any software and other intellectual property created by the Supplier and delivered to the Client as part of the Service. Unless otherwise agreed in writing, the Supplier retains copyright to all software and other intellectual property created by the Supplier.
4.5 Trade secrets
Any software that is not freely accessible to third parties and not in the public domain, and to which the Supplier owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from the Supplier. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to software to which the Supplier owns the copyright. The Supplier acknowledges the intellectual property rights of the Client. Information passed in written form to the Supplier, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
5 Rights and responsibilities
5.1 Right to terminate if content is illegal
The Supplier reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
5.2 Events beyond the control of the Supplier
The Supplier will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of the Supplier.
5.3 Supply and pricing of services
The Supplier reserves the right to use whoever it feels appropriate at the time for third party services, and to alter its prices as necessary without prior notice and without prejudice to existing contractual pricing agreements.
5.4 “Tiger Care” subscription
The Supplier offers a monthly subscription service called “Tiger Care”, described on the web page at www.techsavvytigers.com/services/tiger-care/. For a monthly fee, the Client can request up to 1 hour of web development work per month. Unused time in a month cannot be carried over to the next month.
The Client is entitled to a 15% discount on the Supplier’s usual hourly work rate for any extra work requested during the subscription period.
The Supplier will also take reasonable steps to keep the WordPress core files, plugins and themes updated on the Client’s Website, and to fix any small issues that occur as a result of updates. If a larger fix needs to be carried out, the Supplier will discuss options with the Client. Larger fixes are billed at the Supplier’s usual hourly rate, minus the 15% discount while the Client is a “Tiger Care” subscriber.
Each “Tiger Care” subscription is only valid for a single WordPress website. The Client agrees to pay the monthly fee for as long as they wish to use the service. The Client is responsible for the timely payment of the monthly fee.
The Client can cancel their “Tiger Care” subscription at any time. The Supplier reserves the right to terminate or suspend the Client’s “Tiger Care” subscription immediately, without prior notice or liability, for any reason. Upon termination or suspension of their “Tiger Care” subscription, the Client’s right to use the Service will cease immediately.
This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia.
6.2 Survival of contract
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
6.3 Change of terms and conditions
These terms and conditions may change from time to time. This page will be updated with the latest terms and conditions as and when they are issued.
Tech-Savvy Tigers Terms and Conditions of Service v2 (28 February 2017)