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TERMS AND CONDITIONS

These terms and conditions apply to our clients’ use of our services. This information is designed to complement any client specific or unique agreements/contracts and should be read in conjunction. Where there are discrepancies between this and individual client contracts, the relevant details of the individual contract apply.

In addition, clients of Link Digital must comply with our Acceptable Use Policy and Privacy Policy included herein.

QUOTES

  1. Quotations are valid for a period of 30 days. Link Digital reserves the right to requote any project for which the quote is not approved within the 30 day period.
  2. Quotations are based on the specifications detailed within a given quotation. If these specifications are changed or if further development work is required which is not itemized or defined, Link Digital reserves the right to provide an additional quotation for this work based on our standard rates at that time (ex GST).
  3. As work progresses, reasonable, yet unforeseen client and/or vendor corrections, amendments and changes may present. In instances where such changes are outside of the scope of services provided for within the current and prevailing quote, additional charges may be incurred. Link Digital will advise the client of any additional charges, and will provide another quote based on hourly rates, prior to proceeding with alterations.
  4. Testing will occur within the following browsers:
  • Chrome
  • Mozilla Firefox
  • Safari
  • Internet Explorer version 9 and above

To meet any requirement for the site to work in a browser not listed above, Link reserves the right to provide an additional quotation for this work.

  1. Quotations are based on the assumption that all images and text supplied by clients electronically for use are final versions and any changes to these after they have been provided may be considered scope alterations.
  2. Costs provided do not generally, unless otherwise specified, include sourcing or purchase price of any Royalty Free images that may be required. Images can be sourced as positionals if required by a client. In such cases a separate quote for purchase will be provided by Link.
  3. Costs provided do not include licensing of any third party software or fonts unless otherwise specified.
  4. On approval of a quote, Link Digital provides the client with a project timeline and payment schedule which may include a project engagement fee. If the project timeline is delayed at the client’s end for a period of more than one month or is cancelled at any time, Link Digital reserves the right to invoice the client for work completed to date. In this case, Link Digital is not considered to be the party at fault in exceeding the project deadline and has the right to reasonably modify the project timeline without any penalty charge.
  5. In the case that a client does not provide detailed instructions to Link Digital on how to implement some particular necessary functionality, Link Digital reserves the right to implement this functionality at our own discretion based on our professional expertise. The client is obliged to accept any such work that does not contradict their written requirements as they were provided to Link Digital before entering into an Agreement.
  6. Link Digital is not responsible for any problems caused as a result of newer technology being released after a project has been accepted. Any issues that arise as a result may be quoted for separately based on our standard hourly rates at that time (ex GST).
  7. As Open Source platforms require ongoing core software updates, Link Digital has a standard charge of 1.5hrs which includes copying the site to a development location, performing the core updates and providing a condition report if any issues arise as a result of the update. If any issues are found as a result, they will be quoted for separately based on Links standard rates at that time (ex GST).
  8. Each project includes a 30 day warranty period from the date of acceptance, whereby Link Digital will fix all bugs and discrepancies that contradict the project description (this excludes any issues due to newer technology being released). It is the clients’ responsibility to notify Link of any bugs/discrepancies within the 30 day period. If any bugs/discrepancies are found outside of the 30 day period they are not covered by warranty and will require an additional quote to fix.

PROJECT SCHEDULES

  1. The timeline provided above relies on both Link Digital and the client meeting each of the proposed milestones. If the client is unable to meet a milestone, this timeline may need to be revised according to Link’s existing studio workload and scheduling
  2. If the project timeline is delayed at the client’s end for a period of more than one month, Link Digital reserves the right to invoice the client for work completed to date, outside of the above payment milestone schedule.
  3. If a project is cancelled at the client’s request for any reason, Link Digital reserves the right to invoice the client for work completed to date, outside of any earlier payment milestone schedule.

LIVE WEBSITE HOSTING CHARGES

  1. Link Digital will provide explanations and costings for one or more proposed website hosting environments suitable to meet the needs of a given website. Unless otherwise stated in our proposal, Link will provide a service inclusion summary before your website is due to go live as confirmation of the service level agreement attached to the hosting option selected.

DEVELOPMENT CYCLE HOSTING CHARGES

  1. Link utilises modern cloud infrastructure and integrated development practices for all of our projects. We reserve the right to pass on all reasonable costs of this infrastructure to clients during the development period.
  2. The standard development environment is comprised of a development server and a jointly utilised user acceptance testing and pre-production server. Both of these servers connect to a single database server which is provisioned uniquely for each development project.
  3. The standard development cycle hosting charges are per month for an environment that is available 24/7. Note that this cost may be reduced for environments that are not needed for 7 days a week, or 24 hours a day, or extended periods of times such as 4- 6 months.

ADVISING ON ISSUES

  1. Link adopts agile work practices within our development studio, yet remains fixed on delivery against documented requirements with our clients. During development cycles we expect that our clients play an active role in the resolution of issues by providing information promptly and confirming the resolution of issues as appropriate, without delay.

ADDITIONAL TERMS AND CONDITIONS:

  • Where applicable customers must also abide by the AWS terms & conditions. Client accepts AWS terms. Link to AWS terms.
  • The terms related to the Operating system are provided as per the Apache 2.0 license. Link to Apache 2.0 license.
  • Service inclusions are only those as outlined by our standard service level agreement or as explicitly outlined as being in addition to our standard service level agreement.
  • Open Source platform updates will not be performed by Link unless specified in a unique contract. Generally it is the responsibility of the website owner to ensure updates are carried out as required. Link can be enagaged to perform updates (including backups). To mitigate any potential problems, a backup of the site prior to every update is recommended.

ACCEPTABLE USE POILICY (AUP)

  1. We impose additional restrictions on the use of our services to ensure that our services operate fairly for all customers and to safeguard our name, goodwill and reputation This AUP stipulates constraints and practices that apply to anyone who uses the services of Link Digital, including web hosting. Agreement to this Policy is a condition of your customer contract with Link Digital. Included in this UAP are some likely consequences of non-compliance. These range from warning users to disabling user accounts. As an extreme measure, legal action may be sought.

PROHIBITIONS

  1. The prohibitions in this AUP are in addition to and not instead of those contained in any specific or unique customer contract.
  2. Our services must not be used to:
    23.1   abuse, menace, harass, intimidate or stalk anyone;
    23.2   break the law or allow another person to break the law (includes Commonwealth, State or Territory Laws);
    23.3   enable you to act in a way that would place Link Digital in breach of any applicable law, including those that regulate the provision of internet and telecommunications-related services
    23.4   damage property including intellectual property;
    23.5   facilitate the commission of a offense, or breach of contract;
    23.6   misuse or allow for the misuse of anyone’s personal information, confidential  or sensitive information or health information, as defined by the Privacy Act 1988;
    23.7   deceive, access or manipulate (or allow anyone else to) any part of our network;
    23.8   interfere with someone else’s computer without their permission;
    23.9   send or distribute any virus, worm, trojan or other malicious code;
    23.10  send, alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates;
    23.11   use a remote system (such as a mail server or proxy server), without the authorisation of the owner of it, for the transmission of data;
    23.12   engage in any misleading or deceptive business or marketing practice;
    23.13   involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
    23.14   send, display or publish material which:

a.   is obscene or offensive;
b.   is defamatory or potentially defamatory;
c.   would contravene anyone’s intellectual property rights;
d.   is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification.

  1. Our services must not be used to send, display or publish child pornography. Child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

SPAM

  1. Facilitating or engaging in any act or omission which is in contravention of the Spam Laws is not allowed. This includes
    25.1   Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain
    25.2   Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
    25.3   Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).
    25.4   Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
    25.5   Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Breaches and our rights to suspend or terminate the service

  1. In addition to our other rights of suspension, we may suspend our provision of Service to you in the following events:
    26.1   if the Service provided to you is being used to host any device or service that allows email to be sent between third parties not under your authority and control; or
    26.2   if you are in breach of the conditions set out above; provided however that we will first make reasonable attempts to contact you and give you the opportunity to address the problem within a reasonable time period. What is reasonable in this context will depend on the severity of the problems being caused by the open service of breach referred to above.
  2. Customer are to mitigate risk of breach by endeavouring to secure any device or network within your control against being used in breach as described above by third parties. Such risk mitigation may include where appropriate:
    27.1   the installation and maintenance of antivirus software;
    27.2   the installation and maintenance of firewall software; and
    27.3   the application of operating system and application software and patches and updates.

Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorized by you including but not limited to through a Trojan horse or virus.

  1. We may scan any IP address ranges allocated to a customer for their use with the Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.
  2. If the Service is suspended and the grounds upon which it was suspended are not corrected by the client within 7 days, we may terminate the Service. If the Service is terminated under this clause, customers may apply for a pro rate refund of any pre-paid charges for the Service, but we have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.
  3. To the extent permitted by law, we reserve the right to decide whether any action or omission constitutes unacceptable use and our decision will be final.

Privacy Policy

Our Privacy Policy describes how we manage personal information and relates to people who access our website and people who contract with us for the provision of services ('customer').

In summary, our Policy is to:

  • collect only as much personal information on our customers as we require to provide an effective service and meet our legal obligations;
  • hold the information in a secure manner;
  • give customers access to the information if requested and the means to change it if it is incorrect; and
  • destroy or de-identify personal information when it is no longer required.

We reserve the right to amend this Policy statement from time to time.

Link Digital provides services under Commonwealth contracts and as such is bound by the provisions of the Privacy Act 1988 (Cth), including the Australian Privacy Principles. We similarly comply with State and Territory specific legislation and guidelines when working with the various jurisdictions.

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