LEGAL TERMS AND CONDITIONS
Almond Digital Technologies – you agree that as part of the use of this website, this is the agreement between you and Almond Digital Technologies. If you do not agree to these terms and conditions the use of this website for yourself is therefore considered a breech of contract and you no longer have permission to use this website.
All content on this website is copyright and you must seek permission of the creator of this website in order to use this product or our services.
*** ALL DAYS REFER TO BUSINESS DAYS ON THIS WEBSITE: EXCLUDES WEEKENDS AND PUBLIC HOLIDAYS **
If you choose to download or use available content from this website you are given permission only to share this for your own personal use, or provide links to this information via social media or other digital distribution methods; you are not entitle to resell this information or use it for commercial distribution.
If you hack e-books or other products created by Almond Digital Technologies and illegally distribute these, you are subject to international copyright laws, however as part of Almond Digital Technologies, we believe that if you cannot legitimately afford this information or believe that it would be of noble benefit for you to distribute this information via torrents or other distribution formats, we exclude ourselves from any consequences that you have in doing so and you do so at your own risk. We do however give you permission to use our information for your wellbeing and benefit. For example, illegally distributed copies of our wellness books are currently circulating the internet; we realistically realize that we cannot prevent this from occurring, therefore we have taken into account that people will do this, and we wish it to be undertaken in such a way that it is used for personal enjoyment and or benefit, and not to be used for commercial purposes.
- Your privacy is valued
- You are protected under National Privacy Laws that we uphold
- Your information is secure and kept private
- We collect your persomal information for the purposes of providing you with the best possible service
- Please advise us of any changes to your information
- We keep your information secure
- We may contact you to ask for feedback or marketing purposes: please advise us if you do not wish this to occur
- We do not sell or otherwise share your information with third parties unless this is for the purpose of providing you with a better service and for the purpose of delivering you a proper product, and these third party service providers are party to National Privacy Principles (Australia)
- We uphold your privacy and confidentiality
PHOTOGRAPHY SERVICES TERMS AND CONDITIONS
Waiver and licensing – you agree that all persons attending the event agree to be photographed and have their image captured onto a stored medium. You are licensed to use these images for personal use only. You agree that up to three images from your event can be used as part of promotional material on both our website and Facebook page, and for no other purpose. You can download these images from our Facebook page in order to share with your friends and family. You can reproduce these images for your own personal use, and may freely distribute these images amongst family and friends. You are authorized to obtain your own enlargements and prints, and to make back-up copies and to re-scan these images. These images may not be resold or used for commercial purposes. Original copyright of these images belongs to Almond Digital Technologies ACN 680 066 191 and you are licensed to use these images for your own personal use.
Limited Liability – We take every care and consideration to handle your images with care on your special day, and do whatever we can to keep your images secure. Once we hand over your disc, which we have checked for quality control, you assume care and control of your images. We can offer a replacement disc at a cost of $150, and store images for up to six months after the event. If not personally available for your event, we will provide a suitable replacement photographer at no cost to you who will provide a comparable service. We have back up equipment and securely store your images in order to protect both you and your privacy.
Satisfaction Guarantee – We guarantee that you will be 100% satisfied with your images. We provide a 7 day money back guarantee, less the cost of your deposit to cover our expenses in providing you this service. If you are not satisfied with your images, we offer you a full 100% money back guarantee, less your deposit. Payment terms, Booking fee and Layby – 50% required to secure booking, balance payable one week before event. You can layby your event, with at least $150 deposit, payable in three monthly instalments, provided event is booked at least four months prior to actual date. Payment can be made via Paypal, Credit Card or Direct Bank Deposit – please see your invoice for payment details.
INFORMATION TECHNOLOGY AND DIGITAL MEDIA
TERMS AND CONDITIONS
We provide you with our service and expertise on the basis of the following conditions: For information technology service and builds: We require for service calls an up-front deposit of $100, payable by credit card or up front cash payment. This is used towards the cost of transportation and quotation and inspection of your requirements. We charge an hourly rate of $25 which is additional to your deposit, and this will be billed to you upon the completion of your job.
You have three days to pay for the completion of your work, unless prior arrangements have been made.
You agree to purchase the parts for your information technology requirements, and we provide buying assistance only, the guarantee for those parts exists from the retailer of those parts, and we provide no guarantees of the parts of these and we do not hold any liability for the performance of any of these parts; if any part should prove faulty, we will assist you in liaising with the retailer or provider of these parts and reinstall them for you at an additional cost. We take every care and consideration in the installation of these parts and we provide you with a 7 day service guarantee that these parts will be installed and your device will be working and fully operational once it has been tested and our IT service people are satisfied that it is of the standard that is fit for purpose.
We make no guarantees regarding any service or product that we do not guarantee as fit for purpose, and we make our own personal recommendations as to what is ethically and morally responsible as being suited for your needs. We also will provide you with one hour of instruction and advice as to the proper use of your product, and or referral to appropriate information sources where you can receive proper instruction as to the use of these resources.
We believe it is your responsibility as the consumer to fully inform yourself as to the nature of this product, and we do our best and act with the highest integrity in the provision of our advice and product recommendations. If we believe that a different product would be fit for your purpose and make this recommendation to you, and you choose to deviate away from our recommendation, we cannot guarantee any results, and our service and product guarantee is null and void. We will not sell or otherwise engage consumers who do not follow our recommendations as we cannot provide guarantees as to the service or product that we recommend you, as we believe in providing a product that is fit for purpose.
These terms and conditions are subject to Australian Consumer and Privacy Laws and you are protected by these.
For products that are hosted on third part servers – we provide every care and consideration to carefully select products that will suit your requirements – including the selection of servers and hosting agreements. Whilst we provide every due care and consideration as to our recommendations, you hereby agree that based on our recommendations and the level of product you select, we are free from any liability as to any loss of income or any other negative impact due to events that are outside of our control. We are not responsible for any hardware failures, acts of God, or viruses or any other event that causes any server downtime including maintenance events, website transfers, security breeches due to hacking, viruses, denial of service attacks, other malicious events and this is not limited to these events, but is extended to any event that is beyond our control. You agree that by being on this website you are subject to these terms and conditions. You are responsible for taking the necessary measures such as income protection insurance and other insurances to protect your assets and your income.
PAYMENT TERMS AND CONDITIONS
For I.T. service and product build we require an initial deposit of $100 within 24 hours of you accepting us as your service provider prior to us proceeding.
For web design and other digital media related products, marketing services and other individually quoted services and or products, we require a 50% deposit up front prior to us giving you a quotation for our services, or you engaging us as your service provider. You agree to pay the balance upon final delivery of the product, and you have 7 days in which to do so.
If you are under financial hardship, we have a policy where we can allow a deposit of a minimum of $50 and will refer you to our baseline product and allow you to make regular ongoing payments in order to assist you in obtaining your results based on our recommendations.
For products that are hosted on third party servers – we provide every care and consideration to carefully select products that will suit your requirements – including the selection of servers and hosting agreements. Guarantees for hardware and hosting providers are covered by their guarantees and you agree not to hold us liable for any issues related to the provision of these, we are only acting as an intermediary referral agency and do not have any other recommendation other than to provide you with products and services that we would ourselves be satisfied with using, however you are responsible for validating their services and guarantees yourself. You hereby waiver us from any liability.
ACCEPTANCE OF A QUOTATION
For websites, IT services and other digital media products, once a quotation is accepted by way of either text communication, email or other forms of written communication, this is deemed as an acceptance of the contract, and deposit is then required within 24 hours of acceptance of the offer of quotation. 50% of the total cost of the quotation is required, and the other remaining outstanding amount is required prior to final delivery of the product. If a job, contract, purchase of product or service is canceled prior to the final delivery of the product, at any time within payment of the deposit and final delivery, then 50% deposit remains with the company, and the deposit is forfeited.
Delivery of final product – for delivery of websites, 45 days is required for completion of the website, for all other products and services, these times are quoted individually within each individual contract. Cooling off period – once a written authorization has been accepted, and deposit is required, you have 24 hours from the time and date of acceptance of the written notification in order to withdraw your offer – after 24 hours and non-payment of the deposit, you are then liable financially to pay the 50% deposit; notwithstanding Australian consumer laws.
Guarantees – we provide advice on the basis that you will adhere to the proper use and care and due diligence associated with the product or service provided by us – if you deviate away from our recommendations this is your responsibility and you no longer hold us responsible and you agree to waiver your rights against us. We are free from any legal liability if you choose to deviate away from proper use and due diligence and care and consideration of the product or service under provision by us or any other third parties. You agree that any communication by us and yourself is strictly between these parties and not between any third agents; you will therefore be bound by a strict confidentiality and privacy agreement. We agree to keep your details private and secure and accessible only by duly authorized individuals.
We keep all of your information secure and private and use secure technologies in order to maintain integrity under the Australian Privacy Legislation. Please see our website further for more information regarding our privacy statement. We cannot guarantee the results of your business or personal satisfaction from the financial losses or gains based upon our products, your business and private use of your products and services is your responsibility, you do not hold us liable for the operations of your business in whatever capacity it is operating and there is no limit to the time that this condition is applied for, it is considered to be ongoing permanently. Our website and portfolio, marketing examples and samples are an example only of our expertise and not a specific product or service for yourself, we treat each individual client as a single entity and therefore will provide you with product or service based on your specific situation.
You have a right to provide feedback to us regarding our products and service, we have a feedback policy that we value your feedback and we implement a continuous improvement program and will work with you in order to provide a satisfactory outcome, subjected to the above guarantees, notwithstanding Australian consumer laws.
The individual client who engages our products and services represents the entity who engages our products and services and is therefore liable for the cost of our products and services and therefore if a product or service is canceled, that individual who engaged our product or service on behalf of an entity will be held personally liable for the financial costs associated with the provision of that product or service and agrees that he or she is a legally authorized individual to accept or reject these terms and conditions, and is of a sound mind in order to do so.
The acceptance of a quotation, subject to the above terms and conditions is considered legally binding between yourself as an authorized representative and our company, Almond Digital Technologies Proprietary Limited.
ABN: 608 066 191
ACN: 506 066 191