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Terms and Conditions

Welcome to our online site. Onespot IT Services and its associates provide their services to you subject to the following conditions upon which Onespot IT Services (“We” or “Us”), will provide service to.

These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (Collectively “Using”) the Website and the services thereof, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Content Offering. The Content Offering is licensed, not sold.

This document might be updated time to time and the current version will be posted on Onespot IT Services.

Key Terms related to Content

(a)    "Content" refers to text, any documentation, graphics, images, music, software, audio, video, information or other materials.

(b)   "Onespot IT Services Content" refers to all Content Onespot IT Services makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding Member Content.

(c)    "Site Content" refers to Onespot IT Services Content.

(d)   “Services” refers to as mentioned in Scope of Service section.

Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted, or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site, Services or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Site Content.

Additional Warranties

You warrant to Onespot IT Services that:

a)     You are of sound mind, legal age and legal competence.

b)     You (if not a natural person) are duly organized and validly existing under the applicable laws of the jurisdiction of its organization.

c)     Onespot IT Services has the right to prevent the user from using the Services any defaults are identified or other valid reasons become justified.

Privacy

Please review our Privacy Notice, which also governs our website, to understand our practices.

Scope of Service

The Services provided by Onespot IT Services includes Web Development, Web Design, SEO, eCommerce, Content Management System, Business Cards, Logo Design, Brochure Design, Magazine Design; according to Customer’s business needs. The customer agrees that all right, title, and interest in the service, including subsidiary rights and the right to maintain copyright in the name of the Onespot IT Services, is, or shall be by assignment through these terms of use, exclusively vested with the Onespot’s title.

Copyrights

All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Onespot IT Services or its content suppliers and protected by international copyright laws.

Trademarks

Onespot IT Services trademarks and trade dress may be used but not in a way that is not Onespot IT Services or in any manner that is likely to cause confusion among others or in any manner that disparages or discredits Onespot IT Services. All other trademarks not owned by Onespot IT Services or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Onespot IT Services or its subsidiaries. 

License and Site Access

Onespot IT Services grants you a Creative Commons Attribution License to access and make personal use of this site without express written consent of Onespot IT Services. This license includes any personal use of this site or its contents: any derivative use of this site or its contents: any downloading or copying: or any use of data mining, robots, or similar data gathering and extraction tools etc.; Subject to where the credit has been given to its original Author (e.g. by including copyright notices, by citing Author’s name or title, By mentioning if the work is a derivative work or adaptation etc.). However, the License does not include any resale or commercial use. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Onespot IT Services and our associates without express written consent. You may use any tags or any other "hidden text" utilizing Onespot IT Services name or trademarks without the express written consent of Onespot IT Services. Any unauthorized use terminates the permission or license granted by Onespot IT Services. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Onespot IT Services so long as the link does not portray Onespot IT Services, its associates, their or services in a false, misleading, derogatory, or otherwise offensive matter. You may use any Onespot IT Services logo or other proprietary graphic or trademarks as part of the link without express written permission as per Creative Commons Attribution License Policy

Legal Complaints

Onespot IT Services respects intellectual property rights. If you believe that Content on this website infringes your copyright please follow our procedures for making a Copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.

Third Party Contents

We occasionally provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are not those of Onespot IT Services, but are those of the respective author(s) or distributor(s). The content does not necessarily reflect the views, policies or practices of Onespot IT Services, or its agencies, officials or employees. You should review third parties’ terms of use and privacy policies before you use their services.

Any reference on Onespot IT Services Web site to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, is not an endorsement or recommendation. Any reference shall not be used for advertising or product endorsement purposes.

Risk of Loss

The user shall be solely and only responsible for any risk, general or special attributable, due to the services performed by Onespot IT Services. The user of this website hereby accepts any kind of material losses or detriment due to the outcome of use of this website.

Confidentiality

(a)   Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement.  A party's Confidential Information shall not be deemed to include information that.

 

(b)   Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.

(c)   Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.

(d)   Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

(e)   The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute the Provider's Confidential Information.

Limitation of Liabilities

Onespot IT Services do not warrant: (1) that the services, any of the services’ functions or any content or product contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. Onespot IT Services disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”

General Disclaimer

Onespot IT Services MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Onespot IT Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Onespot IT Services DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Onespot IT Services ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYCOMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

By visiting Onespot IT Services, the user agree to defend, indemnify and hold harmless Onespot IT Services against claims, actions, proceedings, defamatory issues, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Visitor's use of the website.

Disclaimer of Warranties

Although an effort is made to assure the accuracy and completeness of the information provided on the Web site, Onespot IT Services makes no express or implied warranty as to the accuracy, adequacy, completeness, legality, reliability or usefulness of the Web site's information.

Upon revocation of service

We shall immediately cease performing any Services and Customer shall pay any compensation due for Services actually rendered. Therefore the customer hereby acknowledges to the fact that our refund policy is by calculated by the hours we had already worked for on the project by an hourly figure of $75 and then refunding the remainder thereof. It is clearly understood by the customer that the entire deposit would not be refundable. Termination of any service by either party shall not act as a waiver and shall not act as a release of either party from any liability for breach of such party’s obligations.

Refund Policy availability

Cancellation/Termination of website project during development
The customer may elect to cancel/terminate the project for any reason by notice in writing to Onespot IT Services.  In the event of cancellation/termination of the project prior to the construction phase (during design phase), all project costs incurred by Onespot IT Services will be then totalled and subtracted from the deposit paid.  A refund of the remaining amount will be then made to the customer.  In the event of cancellation/termination of the project after the construction phase has commenced, any deposits made prior to termination shall be retained by Onespot IT Services.  In the event of project costs incurred by Onespot IT Services exceeding the amount paid in the deposit, any excess will be charged at an hourly rate to the customer.

Non-delivery
Non-delivery of any service due to some technical issues, we recommend contacting us for assistance. Claims for non-delivery must be submitted to our Billing department in writing within 7 days from the original delivery date. Otherwise the services rendered will be considered received.

Major defects
Although all the services and final products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted to our Technical Support Team's approval. We keep the right to rectify the error or defect within 72 hours.

Services not-as-described:
Such issues should be reported to our Technical Support Department within 7 days from the original date of delivery. Clear evidence must be provided proving that the purchased service is not as it is described on the website. Complaints which are based merely on the customer's false expectations or wishes are not honored.

Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our services with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc). We don't guarantee that our services are fully compatible with any third-party programs and we do not provide support for third-party applications.

Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner.

Applicable Law

These terms of this agreement shall be governed by and construed in accordance with the laws of State of Queensland, Australia. The courts of Australia shall have exclusive jurisdiction in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law.

Disputes

Any dispute relating in any way to your visit to Onespot IT Services or any data/information collected through Onespot IT Services shall be submitted to confidential arbitration in Australia except that, to the extent you have in any manner violated or threatened to violate Onespot IT Services’s intellectual property rights, Onespot IT Services may seek injunctive or other appropriate relief in any court within Australia and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

Termination

These terms of use are effective shall be effective on from date you first order, any of our services using this website site and shall continue in effect until terminated until terminated by either you or us. You may terminate these terms of use at any time by giving us 14 days of prior notice and destroying all materials obtained from the Sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to the Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

Our unique Content Management System (CMS)

Our websites utilize our Backend Content management system. This system gives you the flexibility to log in and edit the website content in an easy to use system. All page content can be changed from this area.

Our content management system (CMS) is an in-house tool we use for our website development and remains the property of Onespot IT Services. As your website will be created using our unique CMS, your website will be hosted on our server, so you can benefit from the many features and updates that we can provide. If ever in the event of you wishing to transfer your website away from Onespot IT Services, we will provide you with a snapshot of your website on CD for transfer. However all administrative functionality and advanced features of the system will be lost in the transfer as a result and would need to be recreated by your new web developer.

Site Policies, Modification and Severability

These terms and the other policies posted on this website constitute the entire agreement between Onespot IT Services and you. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

If you have any queries you can email us at: sales@onespot.com.au