Terms Of Service

Last Updated: 21/08/2023

The below sets out the standard terms and conditions when engaging with Damartech, ABN   53 382 494 974  .

Engagement:

You may engage Damartech, 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 Damartech notify you otherwise, Damartech will accept that engagement, subject to these Terms of Service and Privacy Policy available via this link – https://damartech.com/privacy-policy/

The Service will commence in line with the Engagement Proposal or when Damartech accepts 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 Damartech 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 Damartech. 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 Damartech reserves the right to pause future work, until payment is made.
• Other Project Arrangements: If the Client and Damartech 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 Damartech with the engagement terms being mutually agreed upon by the Client and that of Damartech. If the second 50% payment is not made within 7 days of the project completion, Damartech 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). Damartech 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:  

Damartech will follow a Project Milestone sequence to help keep the project deliverables on target for the Clients needs. Both Damartech 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 Damartech 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:

Damartech understands from time to time that project work can get delayed for reasons that are unexpected and uncontrollable and if this is the case, Damartech will aim to reschedule the project as time permits.

For Hourly Rate engagements, Damartech 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 Damartech to cancel the arrangement.

For Other Project Arrangements, any cancellation requests are at the sole discretion of Damartech 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 Damartech, 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 Damartech 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 Damartech creates.
• The Clients images and text content will be stored on the Clients website, and Damartech are not required to keep any files upon completion.
• Damartech 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 Damartech’s obligations under the non-excludable provisions, and to the fullest extent permissible by law, Damartech 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 Damartech 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 Damartech, 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 Damartech can be accessed via – https://damartech.com/privacy-policy/

Contact Us:

For any questions about these Terms Of Service or the Privacy Policy as set out via https://damartech.com/privacy-policy/, please contact Damartech  on [email protected]

Damartech 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 Australian Privacy Principles (APPs) 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 Australian Information Commissioner at https://www.oaic.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 includes 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.damartech.com, 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 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.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained

• For a secondary purpose that is directly related to the primary purpose

• With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and

• Where required or authorised by law.

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.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Damartech will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We  will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

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

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Damartech, McMahon’s Point, Sydney, NSW, 2060

[email protected]