Terms Of Service

Terms Of Service

Last Updated: 17/05/2023

The below sets out the standard terms and conditions when engaging with Absolute Automations Pty Ltd T/A Absolute Automations & Digital, ABN 87 661 357 062.

Engagement:

You may engage Absolute Automations & Digital, the Service Provider, to carry out a service for you, the Client, by signing a formal Engagement Proposal, or via direct confirmation via email.

Unless Absolute Automations & Digital notify you otherwise, Absolute Automations & Digital will accept that engagement, subject to these Terms of Service and Privacy Policy available via this link – http://absoluteautomations.com.au/privacy-policy/

The Service will commence in line with the Engagement Proposal or when Absolute Automations & Digital accept the engagement via email confirmation.

Cost Structure & Payment Terms:

  • Hourly & Day Rate: If the Client is engaged in an Hourly or Day Rate, payment is due on a weekly basis and will be invoiced upon completion of each week. Payment is then required to be made within 7 days. If payment is not made within 7 days Absolute Automations & Digital reserves the right to pause future work, until payment is made.
  • Monthly Rate: If the Client chooses a monthly rate, this proposal acts as an ongoing arrangement which rolls over from month to month. This arrangement can be cancelled with 30 days notice to Absolute Automations & Digital. Payment is due in advance for the first month, with the first invoice due on day one of the engagement, and subsequent invoices being sent on the first day of every month, with payment due within 7 days. If payment is not made within 7 days Absolute Automations & Digital reserves the right to pause future work, until payment is made.
  • Other Project Arrangements: If the Client and Absolute Automations & Digital reach an agreement for a stand-alone arrangement, often based on a specific projects scope, then payment will be split into two parts, with 50% of the invoice due upfront before work will commence, and the remaining 50% due within 7 days of the project completion. These arrangements are at the sole discretion of Absolute Automations & Digital with the engagement terms being mutually agreed upon by the Client and that of Absolute Automations & Digital. If the second 50% payment is not made within 7 days of the project completion, Absolute Automations & Digital reserves the right to pause future work, until payment is made, including any additional scope which has been requested for the same project.

Regular Communication & Project Updates:

Regular messages will be sent to provide an update of the project status, as per the Clients chosen communication method (phone, email, instant messaging services – e.g Slack or Facebook messenger). Absolute Automations & Digital requests for the Client to stay alert of these communications as critical questions will be included enabling the project to move forward without delay.

Delays:  

Absolute Automations & Digital will follow a Project Milestone sequence to help keep the project deliverables on target for the Clients needs. Both Absolute Automations & Digital and the Client understand that projects can change throughout the creative process, and flexibility will be provided as allowable, however if project milestones are delayed, this may delay the overall project length, with additional costs incurred as required, and the project could be moved back in the queue.

Revisions:

Project feedback and revision requests should be provided by the Client to Absolute Automations & Digital in a timely manner. If further revisions are requested which are outside of the initial project scope, a quote will be provided for the additional work as required.

Cancellations & Postponements:

Absolute Automations & Digital understand from time to time that project work can get delayed for reasons that are unexpected and uncontrollable and if this is the case, Absolute Automations & Digital will aim to reschedule the project as time permits.

For Hourly Rate engagements, Absolute Automations & Digital requests at least 7 days’ notice to reallocate resources, without penalty. For Day Rate engagements, this timeframe increases to 14 days, without penalty.

For Monthly Rate engagements, this is an ongoing agreement, and 30 days written notice must be provided to Absolute Automations & Digital to cancel the arrangement.

For Other Project Arrangements, any cancellation requests are at the sole discretion of Absolute Automations & Digital and will be subject to the project scope and length, which will be agreed upon at the start of the engagement. Delayed start dates to these engagements can be requested, with 14 days written notice required by Absolute Automations & Digital, without penalty.

Copyright & Trademarks:

The Client guarantees to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that is provided for inclusion in the website are either owned by the Client, or that the Client has permission to use them.

When Absolute Automations & Digital receive final payment, copyright is automatically assigned as follows:

  • The Client owns the CRM and website set-up including emails, automations, code, graphics and other visual elements that Absolute Automations & Digital creates.
  • The Clients images and text content will be stored on the Clients website, and Absolute Automations & Digital are not required to keep any files upon completion.
  • Absolute Automations & Digital reserves the right to share, display and link to the Clients completed project as part of our portfolio and to write about the Clients website on any media platform.

Warranty Disclaimer

Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by legislation which cannot be lawfully excluded or limited. Such legislation includes the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances, each a non-excludable provision.

Subject to Absolute Automations & Digital’s obligations under the non-excludable provisions, and to the fullest extent permissible by law, Absolute Automations & Digital expressly disclaims all warranties and representations of any kind with respect to the Services whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.

Indemnification:

You indemnify, defend and hold harmless Absolute Automations & Digital in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:

  • any breach of this agreement;
  • your negligent acts or omissions; or
  • your use of the Services, including any third party claims made in connection with or arising out of the Client’s use of the Service, other than use in accordance with this agreement.
  • breach of third party Intellectual Property.

You indemnify, and agree to keep Absolute Automations & Digital, its directors, officers and employees indemnified, against all Loss arising from actions taken performing Services.

Confidentiality:

Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Quote, Invoice or Engagement Proposal. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement. Each Party shall refrain from making negative comments about the other Party, whether online or in person.

The obligation of confidence as set out above does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities:

  • are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the Law or rules.
  • the Party required to disclose the other Party’s Confidential Information as set out above must:
  • provide a reasonable amount of notice to the other Party of the proposed disclosure;
  • consult with the other Party as to the form of the disclosure; and
  • take all reasonable steps to maintain such Confidential Information in confidence.

Each party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.

Privacy Policy:

The Privacy Policy for Absolute Automations & Digital can be accessed via – http://absoluteautomations.com.au/privacy-policy/

Contact Us:

For any questions about these Terms Of Service or the Privacy Policy as set out via http://absoluteautomations.com.au/privacy-policy/, please contact Absolute Automations & Digital  on info@absoluteautomations.com.au.

Scroll to Top