TERMS AND CONDITIONS
1.1 Terms: These terms and conditions (Terms) apply to our Customer’s use of our Services and complement any Customer contract with Link Web Services Pty Ltd (trading as ‘Link Digital’). In the event of any inconsistency between these Terms and individual Customer contracts, the Terms will apply but only to the extent of the inconsistency.
2 QUOTES AND ORDERS
2.1 Expiry: Quotes are valid for a period of 30 days. Link Digital reserves the right to reissue, vary or withdraw a Quote for which the Quote is not approved by the Customer in writing within 30 days of issue.
2.2 Payment terms: All Link Digital invoices are payable within 14 days of issue, except as otherwise specified in writing by Link Digital.
2.3 Not binding: Any Quote is an invitation to place an Order for the provision of Services by Link Digital and does not give rise to a binding contract between the parties.
2.4 Acceptance: All Quotes must be accepted in writing and Link Digital will not accept or be bound by any quote or purchase order made or accepted verbally. By accepting a Quote, the Customer is deemed to have accepted these Terms.
2.5 Specifications: Orders are based on information and specifications detailed within the relevant Quote (Specifications). If the Specifications are changed, or if further services are required which is not itemised or defined, Link Digital reserves the right to provide an additional Quote for this work based on our standard rates at that time (ex GST).
2.6 Project Timeline: On acceptance of a Quote, Link Digital provides the Customer with a Project Timeline and Payment Schedule which may include a project engagement fee. In the event the Project Timeline is delayed as a result of any matter arising out of the Customer’s act or omission for a period of more than one month or in the event the Order is cancelled at any time, Link Digital reserves the right to invoice the Customer for work completed up until the date of the cancellation. In this case, Link Digital will not be considered to be the party at fault and reserves the right to vary the Project Timeline or send a project variation (acting reasonably) without any penalty or charge.
2.7 Variations: As work progresses, reasonable, yet unforeseen Customer and/or vendor corrections, amendments and changes (Variations) may be required. In the event that such Variations are outside of the scope of Services provided for within the current and prevailing Quote, additional charges may be incurred. At which point, Link Digital will advise the Customer of any additional charges for Variations and will provide another Quote based on hourly rates, prior to proceeding with implementing the Variations.
3 DELIVERY AND PROJECT TIMELINES
(a) Delivery dates within a Project Timeline are estimated and indicatively only and are based on information provided to Link Digital as at the date of Quote.
(b) The Customer acknowledges that the Project Timeline relies on both Link Digital and the Customer meeting each of the proposed milestones. In the event, a Customer is unable to meet the requirements of a milestone, the Customer agreed that the Project Timeline may need to be revised subject to Link Digital’s existing studio workload and scheduling.
(c) Under no circumstances will Link Digital be liable for loss or damages for failure to deliver by the date specified Quote including, but not limited to, loss or damage suffered by the Customer.
(d) If delivery is in instalments or milestone, delay in delivery of any instalment or milestone does not relieve the Customer of its obligation to accept the remaining instalments or milestones in the Order.
(a) Any Quote issued by Link Digital is based only on information or specifications received from the Customer and in Link Digital’s possession as at time of Quote.
(b) Unless otherwise agreed with a Customer, Link Digital does not warrant or make any representation that the Services will comply with any technical, regulatory or other specifications or standards provided by the Customer including quality, function performance or design.
(c) Technical or other specifications or standards provided by the Customer do not merge with and/or form part of any contract between the Customer and Link Digital for the purchase of Products by the Customer from Link Digital.
(d) For the avoidance of doubt, Link Digital will not be responsible for any loss or damage suffered by the Customer in connection with specifications the Customer has provided including, but not limited to, loss or damage suffered in connection with the provision of the wrong specifications, superseded pecifications or items not included in the specifications.
(e) In the event that the Customer has exceeded the approved limit applying to the Customer’s credit facility with Link Digital or failed to meet payment obligations under an Order, Link Digital may immediately cease delivering the Services until the Customer’s account is within the approved limit and/or all outstanding invoices have been paid in full. Link Digital also reserves the right to charge interest to the Customer of [8%] on any overdue amounts that are not paid within 14 days of the date of invoice.
4.2 Implementation: In the case that a client does not provide detailed instructions to Link Digital on how to implement a required functionality of a Project, Link Digital reserves the right to implement this functionality at our own discretion based on our professional expertise. The Customer 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 Order.
4.3 New technology: Link Digital is not responsible for an y problems, errors or issues regarding functionality caused as a result of releases of newer technology being released after a Project has been accepted. Any technical issues including but not limited to compatibility or integration that require further work that may be required as a result may be quoted for separately based on our standard hourly rates at that time (ex GST).
4.4 Warranty: Link Digital will fix all Severity 1 and Severity 2 bugs and discrepancies (excluding any issues due to newer technology being released) notified by the Customer. It is the Customer’s responsibility to notify Link Digital of any bugs/discrepancies within a 30-day period from a milestone deployment. 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.
4.5 Browsers: Unless specified, Link Digital will use reasonable and current best-practice measures for
cross-browser testing across browsers and devices. Link Digital reserves the right to provide an additional Quote for any specific browser testing requirements required by a Customer.
4.6 Content: Customer acknowledges that Quotes are based on the assumption that all Customer supplied content (including all data, text, graphics, logos, audio and software) (Content) are final versions and any changes or replacement to these after they have been provided may be considered scope Variations and may be subject to further charges by Link Digital.
4.7 Costs: Costs provided do not generally, unless otherwise specified in a Quote, include fees associated with licensing, sourcing or purchasing of Content, third-party software, domain registration or hosting that may be required. Images can be sourced as positionals if required by a Customer at additional charge. In such cases, a separate Quote for purchase will be provided by Link Digital.
5 PRODUCTION ENVIRONMENT HOSTING CHARGES
5.1 Where applicable Link Digital will provide explanations and costings for one or more proposed infrastructure hosting environments suitable to meet the needs of a Customer’s website (Website). Unless otherwise stated in our proposal or Quote, Link will provide a service summary before your website is due to go live as confirmation of the service level agreement attached to the hosting option selected.
6 DEVELOPMENT CYCLE HOSTING CHARGES
6.1 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.
7 ADVISING ON ISSUES
7.1 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 exercise an active role in the resolution of issues by providing information promptly and confirming the resolution of issues as appropriate, without delay.
8 ADDITIONAL TERMS AND CONDITIONS
(a) Where applicable customers must also abide by the terms of third-party cloud or software service providers.
(b) Service inclusions are only those as outlined by a Quote or our standard Service Level Agreement or as explicitly outlined as being in addition to our standard Service Level Agreement.
(c) Software or Server updates will not be performed by Link Digital unless specified in a Service Level Agreement. Link Digital can be engaged to perform updates (including backups). To mitigate any potential problems, a backup of the Website prior to every update is recommended.
ACCEPTABLE USE POLICY
1 ACCEPTABLE USE POLICY (AUP)
8.2 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 AUP is a condition of Link Digital providing any services. Included in this AUP 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.
9.1 The prohibitions in this AUP are in addition to and not instead of those contained in any specific or
unique customer contract.
(a) Our services must not be used to:
(i) abuse, menace, harass, intimidate or stalk anyone;
(ii) break the law or allow another person to break the law (includes Commonwealth, State or Territory Laws or any other jurisdiction);
(iii) 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
(iv) damage property including intellectual property;
(v) facilitate the commission of a offense, or breach of contract;
(vi) 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;
(vii) deceive, access or manipulate (or allow anyone else to) any part of our network;
(viii) interfere with someone else’s computer without their permission;
(ix) upload, send or distribute any virus, worm, trojan or other malicious code including any file that may cause damage to the property of Link Digital or the property any other individuals;
(x) upload, send, alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates;
(xi) 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;
(xii) engage in any misleading or deceptive business or marketing practice;
(xiii) involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
(xiv) send, display or publish material which:
(A) is illegal;
(B) is obscene or offensive;
(C) is defamatory or potentially defamatory;
(D) would contravene anyone’s intellectual property rights;
(E) is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification.
10.1 Facilitating or engaging in any act or omission which is in contravention of the Spam Laws is not allowed. This includes:
(a) 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.
(b) forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
(c) sending numerous copies of the same or substantially similar message with the intent to
disrupt a server or account (“mail bombing”).
(d) 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.
(e) 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.
11 BREACHES AND OUR RIGHTS TO SUSPEND OR TERMINATE THE SERVICE
11.1 In addition to our other rights of suspension, we may suspend our provision of Service to you in the following events:
(a) 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
(b) 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.
11.2 Customers 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:
(a) the installation and maintenance of antivirus software;
(b) the installation and maintenance of firewall software; and
(c) the application of operating system and application software and patches and updates.
11.3 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.
11.4 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 services.
11.5 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-rata 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.
11.6 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.
1.3 Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.
2 WHAT PERSONAL INFORMATION DO WE COLLECT?
2.1 We may collect the following types of personal information:
(b) mailing or street address;
(c) email address;
(d) telephone number and other contact details;
(e) your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
(f) details of the services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
(g) any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website or online presence or through other websites or accounts from which you permit us to collect information;
(h) information you provide to us through customer surveys; o
(i) any other personal information that may be required in order to facilitate your dealings with us.
3 HOW DO WE COLLECT PERSONAL INFORMATION?
3.1 We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:
(a) register on our website;
(b) communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
(c) interact with our sites, services, content and advertising; or
(d) invest in our business or enquire as to a potential purchase in our business.
4 WHY DO WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION?
4.1 We may collect, hold, use and disclose your personal information for the following purposes:
(a) to enable you to access and use our website;
(b) to operate, protect, improve and optimise our website, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
(c) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
(d) to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
(e) to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
(f) to consider your employment application.
4.2 We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.
5 DO WE USE YOUR PERSONAL INFORMATION FOR DIRECT MARKETING?
5.1 We and/or our carefully selected business partners may send you direct marketing communications and information about our service. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).
6 TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?
(a) our employees and related bodies corporate;
(b) third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
(c) professional advisers, dealers and agents;
(d) payment systems operators (eg merchants receiving card payments);
(e) our existing or potential agents, business partners or partners;
(f) anyone to whom our assets or businesses (or any part of them) are transferred;
(g) specific third parties authorised by you to receive information held by us; and/or
(h) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
7 USING OUR WEBSITE AND COOKIES
7.1 We may collect personal information about you when you use and access our website.
7.2 While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
7.3 We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.
8.1 We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.
10 ACCESSING OR CORRECTING YOUR PERSONAL INFORMATION
10.1 You can access the personal information we hold about you by contacting us using the contact us function. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.
10.2 If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
11 MAKING A COMPLAINT
11.1 If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us at email@example.com. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
12 CONTACT US
Effective: 10 January 2023