Privacy Policy
1. Your privacy is important and Solutions Outsourced Pty Ltd (Solutions Outsourced) is committed to observing and upholding the National Privacy Principles contained in Privacy Act 1988 (Commonwealth). Our privacy officer ensures that we adhere to our privacy policy.
Solutions Outsourced makes all reasonable attempts to maintain the safety of your information. Solutions Outsourced acknowledges that security is of paramount concern to you. Solutions Outsourced stores your personal information in secure environments to safeguard it from misuse, disclosure, alteration or destruction.
Choosing to use this website, Solutions Outsourced will make all endeavours to secure your personal information, however, we cannot provide any definitive assurance regarding security of personal information. Solutions Outsourced will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
2. Solutions Outsourced takes all reasonable precautions to ensure that the personal information we collect, use is accurate, complete, and up to date. The extent the accuracy of that information depends on the information you provide. To help us keep your personal information up to date, please let us know of any changes to your personal details.
3. Solutions Outsourced holds personal or business information about its suppliers, clients and other related parties. This information includes sometimes phone numbers and email addresses, and may also include other personal information. Where necessary some limited financial information may also be held.
4. You may observe and follow links to other websites from this website. It is important that you are aware that any such links are not subject to the same privacy policies and restrictions seen in this Privacy Policy. Please read carefully any policy documents or terms and conditions that appear on linked websites before disclosing any personal information. Solutions Outsourced is not responsible for any practices on linked websites that might breach your privacy.
5. Solutions Outsourced may, without notice, amend or modify this Privacy Policy by posting the amended Privacy Policy to this website.
6. If you would like further information on Solutions Outsourced's policies, please contact the Solutions Outsourced Privacy Officer at PO Box 658, Camden NSW 2570.
7. This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses numerous technologies, including "cookies", which are text files placed on your computer, to help the website analyze how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers inthe United States.
Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Terms and Conditions
These terms and conditions are to be read in conjunction with the Proposal Document and combined constitutes the Agreement. These terms and conditions form an agreement between 'Solutions Outsourced Pty Ltd' (the Company) (ABN 41 101 179 079), and the 'xxx' (the Client) (ABN XX XXX XXX XXX).
Permission to use 'Siteflex'(henceforth to be referred to as Licenced Software) is conditional upon the Licence agreement (Paragraph 3). By accessing or otherwise using the Licenced Software, the Client is to be bound by the terms of the Licence Agreement below.
1. Web Hosting agreement - Domains
1.1 New. Where required, the Client authorises the Company as it's agent to register the domains requested in the name spaces. The Client declares that it enjoys authority under Australian Law to register the domain name arising from its right to use that name by way of company name, product name, geographic name, agency name or similar. The agency created under this clause is limited to the registration of the domain. The Client authorises the Company to delegate the domain to the Company name servers such that the domain may be used on the Company's Web Hosting System.
1.2 Existing. Where the Client already has one or more domain names that it wishes to use for the new website, the Client agrees that every effort shall be undertaken to retrieve the domain registration keys from the domain registrar. This allows the domain to be re-delegated to the Company name servers so that the domain may be used on the Company Web Hosting System.
1.3 Email use. The Client shall instruct the Company in writing of any email addresses required for any domain registered or re-delegated up to the number of email addresses agreed to be provided by the Company. The Company will make every effort to ensure a smooth changeover of email addresses, however, shall not be liable for any loss arising from a disruption to service during the delegation process.
1.4 Termination of web hosting:
1.4.1 The Client may terminate web hosting services for any reason however must give at least 90 days notice to the Company
1.4.2 The Company may give immediate notice of termination of web hosting services, including but not limited to the following reasons:
- Breach of Law
o Including the Commonwealth Spam Act 2003 - Breach of this agreement
- Unlawful or unethical practices by the Client (See paragraph 2.7)
- The Company has reason to believe that the client is involved in unlawful or unethical practices
1.4.3 The Company may give 30 days notice of termination of web hosting services for the following reasons:
- Failure of payment
- Insufficient or failure of payment from a delinquent account
During the 30 days of Notice the site will remain published and the client will still be liable for payment. Web hosting service will resume if payment is provided up to date before the 30 day notice period
1.5 Bandwidth coverage fees per MB will apply on accounts that exceed the data limits as outlined in the Proposal Document.
2. Project Agreement
2.1 Payment is subject to the terms specified in the 'Payment Schedule Outline' in the attached proposal.
2.2 Services (Including upgrades, optional extras and extra customisation) beyond those specified and agreed to in the attached proposal will be subject to charges, covered by the Client, listed on www.solutionsoutsourced.com.au
2.3 Services mentioned in 2.2 will constitute a separate contract for completion
2.4 The Client is taken to have completed an acceptance test of the software services that are being provided by the Company if the Client or a party acting on behalf of the client:
2.4.1 Sees the software in functional use
2.4.2 Uses the software
2.4.3 Notifies acceptance by signing this document
2.5 The Company will deliver the services outlined in the 'Stages Schedule', included in the attached proposal, on the conditions that:
2.5.1 The Client prepares and inserts content into the website that allows for the website to be launched on the dates specified in the 'Stages Schedule' of the Proposal Document
2.5.2 The Client provides reasonable access to materials required for the Company to complete the project. This includes but is not limited to: designs, logos, photography, insignia, emblems, products and/or service images, symbols, certifications, motto's, slogans.
2.6 In the event that the Company fails to provide the services on the due dates outlined in the 'Stages Schedule' as a result of its own fault, payments may be withheld by the Client until services are completely rendered by the Company.
2.6.1 A failure by the Client in making materials available and inserting content into their website will not constitute a failure of services by the Company
2.6.2 In the event that the Client fails to provide the Company with materials or insert content as described in 2.5.1 and 2.5.2 and as a result the project is not completed on the due dates as listed on the 'Stages Schedule' the client will remain liable for payments as they become due.
2.7 The Company is not responsible for creation or maintenance of the Client's website content, however the Client hereby agrees that the materials submitted for publication will not contain anything abusive or unethical including but not limited to:
2.7.1 Pornography and other obscene materials
2.7.2 Violations of privacy, and harassing or harmful materials
2.7.3 Computer viruses
2.7.4 Any illegal activity(s) or materials advocating such behaviour
2.8 The Company agrees to supply the Client with a 30 day support period after the sign off date. This includes in-person and telephone software support.
2.8.1 After the 30 day support period the Client will be charge a flat hourly rate for services including changes to content, functional changes (including style sheet and template changes) upgrades and extra customisation.
2.8.2 The Client will not be charged to correct any defects or bugs in the Company's software.
3. Licensing agreement
3.1 The Company grants the Client a non-exclusive right to use the Licenced Software pursuant to this agreement.
3.2 The Client agrees that the use of the Company's software constitutes a licence and the Company retains ownership of the software.
3.3 As a result of 3.1 the Client is not permitted to reverse engineer, copy or translate any of the functionality of the Company's Licenced software.
3.4 The Client will ensure that itself, its employees, sub-contractors or other agents and outside parties that have access to the Licenced software, agree to and comply with paragraphs 3.1, 3.2 and 3.3
3.5 The Client will not use the Licenced Product other than for the purpose of creating and operating the Client's website.
3.6 At the completion of work outlined in the 'Stages Schedule' of the Proposal Document the Client obtains intellectual copyright in:
* all templates
* style sheets, and
* any other design work developed by the Company specifically for the Client.
3.6.1 The Client retains intellectual property rights in any content or other materials created by the Client
3.7 Trademark or Registered marks supplied to the Company by the Client for use on the Clients website must be obtained with permission in writing by the lawful owners.
3.7.1 Where permission has not been obtained, or obtained unlawfully the Company will not be held liable for the use of any Trademarks or Registered marks.
3.7.2 The Client is solely responsible for obtaining lawful permission for the use of Trademarks or Registered marks.
3.8 The Company reserves the right to include a small link at the bottom of the Client's website home page.
4. Access
4.1 The Client is given access to edit content and view data contained only in their account specific to login files. Clients may not access, read or write data to or from any other location on the Company's server/s.
4.2 The Company agrees to supply the Client with a valid user name and password to access protected editable areas of the Client's website. The Client is responsible for passwords once allocated. The Company will not be responsible for damages or loss incurred as a result of unauthorised access to Client accounts.
4.3 Unauthorised access, and or attempts to use servers by the Client to access or attack other networks and computers will result in legal action and cancellation of service delivery by the Company. The Company will co-operate fully with authorities if this type of action is discovered.
5. Liability
5.1 The Company will endeavour to provide the Client continuous access to its accounts, and maintain online status for sites and content held on our servers.
5.1.1 The Company will not be liable to the Client for any compensation should a disruption occur in regards to the services described in 5.1 whether caused by the Company or otherwise
5.1.2 If services provided by the Company described in 5.1 is disrupted for more than 24 hours, at the request of the Client, the Client will be credited the portion of the fee that pertains to such period and that such portion credit shall constitute the entirety of any interest arising from the service unavailability.
5.1.3 A disruption to services as described in 5.1 shall not constitute a default under this agreement.
5.1.4 You agree not to hold the company responsible for any loss you suffer as a result of using our Licenced Software, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause.
5.2 The Company is not liable (whether in contract, tort or otherwise) to the Client for any loss or damage, including consequential damage and loss of profits, caused directly or indirectly from the provision of the services supplied under this contract. In the event that any limitation provision in this agreement is held to be invalid, any liability on the part of the Company shall be limited to the value of the contract price.
5.3 The Company will take all reasonable steps to safeguard the Clients data, however the Company will not be responsible for any loss of Client data stored on the Company server using the Licenced Software.
5.4 You agree to indemnify the Company in any legal action which arises as a result of your use of our services, without limitation or exception.
6. General
6.1 All pricing is subject to change with 60 days notice.
6.2 The Client will notify the Company by way of signed written letter (by fax or post), giving thirty (30) days notice when any or all of the services are no longer required.
6.3 The Company reserves the right to terminate services that the Client does not pay for within a reasonable time.
6.3.1 Late payment will be charged at a rate of 15% interest until such time as the Client resolves payment up to date
6.4 The Client will be subject to the Commonwealth Spam Act 2003 and unsolicited bulk e-mails may not be sent using the Company's mail server
6.5 The Client acknowledges that it has independently determined that Services supplied by the Company as described in the 'Stages Schedule' of the Proposal Document will meet the Client's requirements.The Client expressly agrees that use of all of the Company's services are at the Clients sole risk.
6.6 The Company reserves the right to alter these conditions from time to time and any changes to these conditions will be published at www.solutionsoutsourced.com.au
(Solutions Outsourced Website) and will be considered binding. Continued usage of the Company's Web Hosting and any software services confirms the Client's acceptance of the Terms and Conditions in their amended form.
7. Notice
Notice shall be given both electronically - via e-mail or fax, and by mail. Notice will be addressed and directed to the most recent contact information held on file by the sender of the Notice. Notice is said to be given as of the date that Notice is sent.
8. Four corners clause
The conditions in conjunction with this proposal represent the entire agreement between the Client and the Company. All other representations verbal or written are hereby expressly excluded.
9. Jurisdiction
This agreement is made within, and all disputes shall be resolved within, the state of New South Wales, Australia and Courts with jurisdiction within this state.