Professional Services Terms
TABLE OF CONTENTS
1. What we do
The Digital Project create and build business apps based on the Microsoft platform. Apps purchased by partners or customers may be of custom build nature, delivered through the store or our website through our automation processes.
When requesting or booking a demonstration please ensure to include all your contact details. We will provide an email acknowledgement of your request.
If you have any questions please do not hesitate to call +61 3 9653 6439 or email info@thedigitalproject.com.au
2. Pricing structure
All prices quoted are + GST at 10%. The price quoted within our quotes and proposals are both for services to deliver as well as fixed price fees for products and apps. We may require fees in advance to provide support and or managed solutions and services. GST is not charged or added for companies outside Australia.
3. Payment of Fee's
For purchase of apps and support services fees are required to be paid in advance and in line with the terms outlined within the proposal.
Where payment is not received by the due date then we have the right to stop services and remove our software which may result in affecting the performance of your products and apps.
Payment can be made by credit card, debit card, direct funds transfer or cheque (please allow time for clearance 14 days prior to course commencement). For further information please call +61 3 9653 6439 or email info@thedigitalproject.com.au
If a purchase order is provided. The purchase order represents a legal offer to confirm to invoice and buy the products or services.
The Digital Project reserves the right to change prices from time to time due to market conditions and or any increase or change to Microsoft services used to generate the customers product and app.
4. Credit Card Payments
All payments made by Visa and MasterCard are subject to a 2% surcharge. All payments made by AMEX are subject to a 3% surcharge. This is unfortunately due to the additional Merchant fees The Digital Project are charged for processing the payment.
5. Confirmation to commence work
Deployment will commence upon the agreed timeframes as outline in the proposal, and upon acceptance of payment (for services where prepayment is required)
6. Confidentiality
Each party will keep confidential and not disclose or make public the Confidential Information of the other party without the prior written consent of the other party.
7. Quotation Validity
Proposals are valid for a period of 20 (twenty) days from the date issued. There after a new quotation is required.
8. Intellectual Property
The Digital Projects intellectual property is one of the foundations of our business and consequently: The material used for workshop engagements or demonstrations when owned or created by The Digital Project, remains the property of the Digital Project Corporation.
No part of any Digital Project documentation, training videos, or methodology may be reproduced in any form, stored in any retrieval system, transmitted or distributed in any form or by any means; electronic, mechanical photocopying, recording or otherwise without the express written permission from the Digital Project.
Where there is an integration of The Digital Project and Client intellectual property the following applices
a) Pre-contract intellectual property (materials or items created or owned by The Digital Project prior to formal client engagement): Materials used for conceptual design workshops that are owned or created by The Digital Project(for example standard screen designs, themes, logos, branding) is intellectual property owned by The Digital Project and remains so at all times.
Pre contract material, content, information or process that contains specific client owned content is regarded as the clients’ Intellectual Property and respected accordingly.
b) Post-contract intellectual property (materials created for the client during the engagement that may be paid for by the client): In respect of any imagery, icons, branding, report designs, layouts, photographs or any material whatsoever prepared, created, written or otherwise is shared intellectual property between the client and The Digital Project group unless otherwise agreed in writing. This does not include any Pre-contract intellectual property of either party.
9. Terminations and cancellations
All software, apps, solutions purchased under an annual and or managed agreement will terminate at the end of the contractual period and not before.
Cancellations for workshops or discovery sessions require 2 days written notice else fees may apply.
All orders placed through the company website are non-cancellable and non-refundable.
Re-sellers are required to make payment in full and upfront before any booking is confirmed.
10. Promotions and special offers
Discounts are valid according to the terms outlined in the advertisement and or offer made.
11. Complaints
Participants have the right to make a complaint or an appeal and will be notified of investigation results in writing. If you wish to make a complaint, please contact us as soon as possible after the event that has caused you concern. We will investigate and respond within 14 working days.
Participants also have the right to object to the outcome of a complaint or appeal by escalating this to the relevant accreditation body.
12. Liability
The Digital Project group endeavour to satisfy the requirements of their clients. In the unlikely event of any claim, action or demand made against The Digital Project, The Digital Project liability will be capped at the total amount of fees received from the client pertaining to the work in any consecutive 2-month period. This does not include liability where it is a result of Microsoft application services and or outages, that may have affected the service and or product app (either through a managed or custom build).
13. No poaching
The Customer undertakes to not entice away or endeavour to entice away from The Digital Project any employee or contractor of The Digital Project group within 1 year of completing any work carried out unless otherwise agreed in writing by both parties. The Customer acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of The Digital Project group.
14. Severabilty
If any provision of these terms is held to be invalid, all the other provisions of these terms will remain in full force and effect.
15. Entire agreement
These terms supersede all prior agreements, arrangements and undertakings between the parties and constitute the entire agreement between the parties in relation to the Services.
16. Acceptance
By instructing The Digital Project to commence work and deployment you are accepting the above terms.
Please contact us if you have any questions regarding our terms and conditions.