Terms of Use

Legal Notices, Terms & Conditions

Legal Responsibility

1) This information acts as a guide and we do advise that you seek independent advise. Resonable care should be taken when solely relying on the contents of any of the information, products or services on this website or advice, products or services provided by Del Corp Data without first obtaining advice from a qualified person. No person should act on any information, products or services provided before they have formed their own opinion through investigation and research as to the suitability of the information, products or services for their circumstances.

2) While every attempt has been made to verify the information on this web site and the product being sold, or services being rendered, neither the product owners, distributors, agents or publishers assume any responsibility for any error, inaccuracies, and/or omissions or assume any responsibility or liability whatsoever on behalf of any purchaser or reader of these materials. Any slight on people, organisations, companies or products are unintentional. The examples on this website are not intended to represent or guarantee that everyone will achieve the same results. Each individual’s success will be determined by his or her desire, dedication, effort and motivation to work and follow their business plan, if you don’t have one it is your responsibility to seek professional advice and disclose any important factors that may affect the services we deliver. There is no guarantee or duplicate results stated here. You recognise any business endeavour has inherent risk for loss of capital.
3) Del Corp Data and those participating in services rendered, purchasing products or services make no express or implied claims that you will make money as a result of following their advice and/or purchasing their services or products.
4) Del Corp Data is not engaged in rendering legal, accounting advice or services.
5) By undertaking these services provided by Del Corp Data, you hereby agree to never engage in a chain marketing scheme, to never send unsolicited commercial Email, or engage in unfair or deceptive marketing practices of any kind.
6) The service offered on this web site is for educational and information purposes only. Check with your lawyer, accountant, or other professional advisor before relying on this information.
7) You agree that Del Corp Data, Presenters and/or Affiliates are not responsible for any success or failure that you or your business may experience as a result of any information presented or any products or services offered here or at an Event.
8) You freely and of your own will risk any and all capital you may choose to spend implementing concepts outlined while using this service.
You will do so with skill and common sense. You will not hold Del Corp Data, the presenters and / or affiliates liable or accountable in any way for any failure of the service to live up to your expectations.
9) Your use of and browsing in the site and/or purchasing and this service is at your risk. Del Corp Data, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or service. Without limiting the foregoing, everything on the site and included in the service is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of Merchantability, fitness for a particular purpose, or non infringement.
10) Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Del Corp Data Legal Disclaimer and Notice

While all attempts have been made to verify information provided by Del Corp Data, neither the author nor the publisher nor Del Corp Data assumes any responsibility for errors, omissions or contrary interpretation of the subject matter herein.
This publication is not intended for use as a legal source or accounting advice. Del Corp Data wants to stress that the information contained herein may be subject to varying state and/or federal laws or regulations. All users of this information are advised to retain competent counsel to determine what state and/or federal laws or regulations may apply to the user’s particular business.
The purchaser or reader assumes responsibility for the use of these materials and information provided by Del Corp Data.
Adherence to all applicable laws and regulations, including federal and state and local, governing professional licensing, business practices, advertising and all other aspects of doing business in Australia or any other jurisdiction is the sole responsibility of the purchaser or reader.
Del Corp Data, publisher, author and marketing agents assumes no responsibility or liability whatsoever on the behalf of any purchaser or reader of these materials.
Any perceived slight of specific people or organizations is unintentional.
Please note it is your responsibility to establish and abide by all legal requirements as far as all marketing material and advice that Del Corp Data provides to you.

Warranties

We offer fourteen day warranty period, where if we are at fault we will fix any bugs errors free of charge within the fourteen day period.
You waive any warranty period if you share logins details with anyone who may have access to the code, source code files and other sensitive material.
This is the only warrant of any kind, either express or implied, that is made by our company. No oral or written information or advice given by our company shall create a warranty or in any way increase the scope of this warranty, and you may not rely on such information or advice to do so.

 

Customer Remedy

Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to Australia. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

Limitation & Exclusion Of Liability

These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

 

Legal Forum, Choice Of Laws & Official Language

This offering is a contract between you the buyer and our business, the seller. The seller is located in Melbourne, Australia and by doing business with us you agree that this offering is made from Melbourne, VIC, Australia and shall be governed by of Australian law. By electing to participate in this offer, you are entering into a contract.
This Agreement shall be governed by and construed in accordance with Australian law, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under Australian law. In addition, you agree to submit to the jurisdiction of Australian courts, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts in Australia.

The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction of Australian Courts located in VIC to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing.
This agreement is being written in English, which is to be the official language of the contract’s text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.

 

Copyrights

This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.

 

License

All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this agreement and may result in criminal and/or civil prosecution. Our company reserves all rights not expressly granted here.

 

EARNINGS & INCOME DISCLAIMERS

Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance you’ll do as well. If you rely upon our figures, you must accept the risk of not doing as well.
Where specific income figures are used, and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.
Any and all claims or representations, as to income earnings on this web site, are not to be considered as average earnings.
There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.
Any businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or web site, should be done only with the knowledge that you could experience significant losses, or make no money at all.
All products and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.
Users of our products, services and web site are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this web site should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.
Important! These terms of service (TOS) govern your use of this site, which is provided by our company. By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

 

Access To This Site

You must be eighteen (18) years or older to access this web site. If you are under eighteen years of age, you are not permitted to access this web site for any reason. Due to the age restrictions for use of this web site, no information obtained by this web site, falls within the child online privacy act (COPA) and is not monitored as doing so.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

 

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

 

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyperlinks

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.

 

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

 

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.
Our Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not our company, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. Our company makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

 

Limitation On Liability

The company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. In no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product or service out of which liability arose.

 

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

 

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:
• You do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

 

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either [company] or law enforcement authorities.

 

Project execution and delivery of services

By contracting DelCorp Data to execute your project you are agreeing to these terms and conditions. DelCorp Data reserves the right to revise any part of our Terms and Conditions at any time.
Confirmation

To confirm a project you must complete and confirm commencement of a project in writing through email, form submission or any other method that indicates you have initiated a project, we would also require the requested deposit payment.

Upon clearance of the deposit payment, a confirmation email will be sent to you and the project will commence.

If the deposit and /or any project information isn’t received DelCorp Data reserves the right to cancel the prospective project, without any liability or consequence.

 

Payments

No work can commence without payment

The project Form signatory, the Client and any Credit Card signatory are jointly and severally liable for payment of all fees and charges (whether relating to the project, any cancellation or postponement or otherwise).

A full payment is required

  • If the case when the full payment can’t be made, we accept the following payment terms:
  • Initial payment – 50%
  • Progress payment – 25%
  • Final payment – 25%

Any late and overdue payments over fourteen days will automatically suspend your projects. Full payment is required to un-suspend your projects. Failure to result in any payment, we may refer your account to a debt collection service or default your business name as per the payments can be paid by either credit card, bank direct deposit, cash or cheque. DelCorp Data accepts the following credit cards: Visa and MasterCard.

  • 100% of payment must be paid before project is finalised. Final stage means we will provide you with your login details, source code files, development files and finalised files. It is your responsibility to check the project details before final payment has been made.
  • All payments, excluding the deposit, made by credit card will incur a 2.7% surcharge

 

Direct debit is handled by a third party and you agree to their terms and conditions

Travel times and associated meeting costs related to travel to and from clients sites will be charged at 50% the rate of DelCorp Data’s resource hourly rate
Annual rates: DelCorp Data reserves the right announced or unannounced to raise its fees at the start of both financial and calendar year by a minimum of 5% with or without notice.
In the event of default on payment by “the Customer”, “the Customer” will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitors’ costs) on a full indemnity basis.
Cancellation, kill clause, suspension
If a project is cancelled by the client for no valid reason, DelCorp Data require 100% payment to be finalised before the project can be officially ‘cancelled’ or closed
Kill clause: If the client decides to put things on hold for more than fourteen calendar days without contact we reserve the right to close the project and pursue the project balance via debt collection methods
Suspension/ skill freeze fee: if the client wishes delay or ‘suspend’, ‘freeze’, or delay fourteen days or greater, with or without pre-arrangement. DelCorp Data reserves the right to charge a ‘skill freeze fee’. This means that the client has shelved the right to re-use a certain resource for a prolonged amount of time for up to 90 calendar days. The fee will be 10% of the normal hourly rate which allows DelCorp Data to hold onto the right skills for the project or find an appropriate replacement.
It is the clients responsibility to keep in contact with DelCorp Data staff
Termination of Client Service: If DelCorp Data finds evidence that you are in breach or abuse of any goodwill, we at any time, reserve the right to terminate your account without written notice and a or reason, as well as block any of your information, including, but not limited to your IP Address, e-mail, phone number, etc. Further, you agree that DelCorp Data is not liable for any loss to you or third party due to the termination of your account. You will not receive a refund of credits if your account has been terminated. DelCorp Data reserves the right to deny your request to post your project to DelCorp Data at any time, for any reason or under any circumstance.
Projects including ongoing projects
A project has a clear start and finish, usually determined by project deliverables/functions to be delievered
An ongoing project has a start/set up phase and an ongoing phase
Project scope. Are the basic requirements of a project and the ‘job that needs to be done’. A statement of work and all relevant documentation will be supplied by the client
Change requests: Will be documented and quoted and applied appropriately. If the client approves in writing and/or via payment we will adjust the projects constraints: time, cost/resources and cost and adjust project details appropriately to reflect any changes.
We require one stakeholder or decision maker. We do not accept two or more stakeholders, in the rare occasion that it is a must to have two or more stakeholder, we understand that anyone who approves the projects progress represents the company in terms of project decisions and payment
Project processes are subject to change but in many cases DelCorp Data staff will advise of ‘what to expect’

Scope changes

It is understood that changing the scope will affect any of the following: time, resources/human resources, availability and cost which will impact your project

It’s is the responsibility of the client to supply DelCorp Data with project content, unless DelCorp Data has agreed to provide content on the clients behalf. DelCorp Data is able to source content at an additional cost. You will be quoted and advised before any charges are applied to your account. Once content has been added, it is your responsibility to check and verify all work. We allow 48 hours for corrections, if no communication is received it is assumed that you have seen and approved the content. Changes after this time period may incur a fee

If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your project by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course doesn’t apply to images that you own and provide to us for use on your website

Intellectual property

The ongoing systems and processes which that run your projects remains the property of DelCorp Data at all times. The coding, programming and intellectual property that creates your website is owned by DelCorp Data

Third party code

Third party code is the party of the third party and DelCorp Data and clients whom engage the services of a 3rd party voluntarily agree to its terms and conditions.
Any unauthorised code, copying or duplication is prohibited during the development of the code until the project has been signed and delivered to the client in the close stage.
Non-compete/exclusivity; DelCorp Data reserves the right to utilise its intellectual know how to develop similar projects. In the case where the client wishes to offer DelCorp Data the exclusivity right to build a certain software for a certain client. DelCorp Data will calculate a ‘buyout’ figure for a period of time which protects your intellectual property.
Licensing of a certain code must be authorised and arranged by DelCorp Data and a financial reimbursement must be in place before any reselling takes place
Non-disclosure agreements: Any non-disclosure signed will have a duration of ninety days

Services

Services provided by DelCorp Data details will be disclosed during time of quotation and invoice. Marketing services makes no promises of any return on investment App development services offered by DelCorp Data on occasion need to be submitted to 3rd parties such as Apple Incorporated and Google Play application stores. If this is the case we take no responsibility to the terms and conditions set by these parties we test an run on the browser compatibility of your web applications /website services on the main three browsers: Firefox for Windows, Google Chrome for windows and Internet Explorer for Windows, any additional testing on previous and other platforms will be quoted separately

 

Contractors

Any contractors will be covered under all these terms and conditions you read
DelCorp Data reserves the right to sub-contract your work it receives
Quotes and prices
All prices are current at the time of quotation and are subject to revision prior to confirmation, unless otherwise agreed
All written quotes are valid for 7 days from the date of quotation for project changes, additional items and new projects unless withdrawn by DelCorp Data prior to receipt of both a properly completed, signed registration Form and the required deposit in cleared funds
DelCorp Data prices are displayed on the www.DelCorp Data.com.au and will reflect the current pricing

Public holiday surcharge

A surcharge is applicable on public holidays if you explicitly ask us to work over public holidays. Our standard surcharge for delivery of your project may be delayed or billed and additional surcharge if you instruct is to deliver your project on public holidays. If you approve us to work on public holidays a surcharge of 25% will be added to the our hourly cost
Force majeure
Should DelCorp Data be prevented or substantially impeded from implementing and/or providing any services contemplated or confirmed, due to circumstances beyond its control (such as, fire, flooding, power failures, natural disasters, strikes, lock-out, war, terrorism, Government intervention (direct or indirect), Government or other development or redevelopment (direct or indirect), sabotage or Acts of God) the Client will make no claim for loss or damage against DelCorp Data or any related entity or person and will not permit any party to make any claim through the Client.

 

Indemnity, limitation of liability and insurance

The Client and the Card Holder indemnify DelCorp Data and any related entity or person, their servants or agents, against any claim, cost, loss, damage or liability howsoever arising which relates in any way to the Event, any related thing arising prior to, during or after the Event, these Terms and Conditions and anything governed by them or any part of the services contemplated (“Services”), including any liability which DelCorp Data cannot or has not excluded under these Terms and Conditions.
To the fullest extent legally possible, DelCorp Data and any related entity or person, their servants or agents will not be liable and no claim shall be made by or through the Client, Card Holder, any guest, outside contractor or any invitees of the Client or by any other person who has or may hereafter have any interest in any part of any Services or otherwise, against DelCorp Data or any related entity or person, their servants or agents which imposes or attempts to impose any liability whatsoever in connection with any part of the Services or otherwise, including any claim in tort or contract and whether for trespass, negligence, misfeasance, wilful act or omission, default or otherwise and whether claiming for contingent, consequential, direct, indirect, special or punitive damages or otherwise.
For the avoidance of doubt, any liability under the Trade Practices Act or otherwise, which cannot be legally avoided will be limited to the supply of the Services or the supply of the Services again. If DelCorp Data allows client appointed suppliers to participate in the project. The Client’s contractors will be liable for any project scope creep and delays.DelCorp Data requires client appointed suppliers to take out all appropriate insurance reasonably required by DelCorp Data for the Event in consultation with the DelCorp Data group and provide proof of cover with a reputable insurer at least 2 working days before working on a project. Failing which DelCorp Data reserves the right to cancel the project without any liability or consequence if it appears apparent that there may be a serious breach in quality of service.

 

E Commerce and payment gateway projects

DelCorp Data will load one product per category for e-commerce websites, with a maximum number of products stipulated by the package purchased. It is the client responsibility to load and manage all product and content unless stated otherwise.
DelCorp Data will provide a basic manual of training through PDF format, and if requested we can offer one one-on-one training for an additional fee. You will be notified of the cost of the one-on-one session costs.

Website Footer Reference

All websites include a discrete footer reference and link to DelCorp Data’s main website or other websites. Sites requiring clean footers will be charged an additional flat fee of $1,500
As part of your project build and ongoing customer service DelCorp Data has the right to include ink/s from yourproject to DelCorp Data. Removal of the link also voids you of any support from DelCorp Data

 

Website Hosting

We will commence charging your monthly fee upon activation of your project, domain name and landing page. Your account incurs costs us for items such as project support, domain name, email hosting, bandwidth, server disk space and system upgrades and therefore the hosting fee must commence at this stage. The monthly hosting fee must be set up on either a periodic direct debit from a nominated bank account or credit card payments. We do not accept cheques or cash for hosting fees. Should your monthly hosting fall in arrears of more than 15 days your website will be deactivated until which time the account is up to date. The term of hosting with DelCorp Data is either, 24 or 36 months depending on the agreement at time of booking and a minimum term of 12 months. Hosting is subject to an annual rate review and any changes will be advised via email one month prior. Sites are not able to be packaged and moved to another hosting provider, by us. If you decide to move to another hosting company you do this at your own expense and resources. If you account falls overdue, a suspension/freeze will incur , if your account remains 30 days overdue from the original due date we reserve the right to delete all data used by your account to make room for other accounts. If you would like us to unfreeze your account we charge a $65 unfreezing fee and you will have 36 hours to recover all data. If you would like us to recover lost data we will quote you if we have a backup of your data. By contracting the services of DelCorp Data you agree to hosting your website with DelCorp Data for the life span of your website. You are billed for the services in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current plan you have used.
Requests to cancel an account must be in written format. Once we receive your request we will reply with a written confirmation of cancellation.
Additional hosting fees:
Data Transfer and Disk Space
Your monthly fee includes:
100MB disk space
We endeavour to provide at least 95% uptime on all of our hosting. Your website must be hosted on our servers for the duration of your contact with us. Given the nature of our Content Management System (CMS) we cannot build or support your website unless it is hosted by us. Our systems are highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will endeavour to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service. 10GB mthly data transfer Additional space = 0.40c/MB additional data = $20/GB (subject to review)
Additional charges will be billed at the end of each calendar month
No Spam Policy: You agree not to use DelCorp Data as a form of solicitation, e-mail advertisements, or anything spam related or classified. Which includes but is not limited to DelCorp Data databases, servers, or computer systems. Any violation or unauthorized use of DelCorp Datas computer systems is in violation of not only these Terms & Conditions but also certain state & federal laws, including & without limitation to the Computer Fraud & Abuse Act. Such violations may subject one to civil & criminal penalties and will be prosecuted in Australian jurisdiction.

Promotional Material

DelCorp Data reserves the right to use client websites, web designs, layouts, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives. Please advise at time of booking if you would like to be excluded from such activity

Support

DelCorp Data provides ticketed support during Australian business hours 9am -5.00pm Monday to Friday. We are closed on Public holidays and the office is closed for 10 business days during the Christmas/new year break.
We offer a 14 day project warranty on all projects, which is covered under the ‘warranty’ section.
Post 14 days support will be charged additionally
Different tiers of support
• Tier 1 – Customer Service (free for new enquiries)
Basic support offered through phone: 1300 944 339.
Example is new customer enquiries, existing warranty coverage, financial and additional services
• Tier 2 – Technical Support (paid support)
Basic advice and understanding of your technical project.
No programming at this stage
Tier 3 – High-Tech Support (paid support)
Full debugging and dedicated support
Heavy coding package
• Tier 4 – Special-Tech Support (quoted)
o 3rd party developer involvement
Unknown coding requirements
All support enquires must be in writing through the correct support channel.
Abuse of the warranty and support service. If we feel that the warranty and support services are abused we will notify you in writing and may suspend your services until a mutual understanding is agreed to.
For support pricing packages please refer to: www.DelCorp Data.com.au

Your Privacy
Your privacy is important to us. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

Use of Email Newsletters and Databases
If you choose to use our email newsletter facility you must abide by the relevant electronic messaging laws. By using our email newsletter system you agree to not use the system for the purpose of spam. Only send emails to addresses that have requested to receive information from you. We will not be responsible for the emails and any electronic correspondence sent from our system by you. We will fully co-operate with relevant legal authorities requiring information about the efforts of spammers.
Fair Use Policy
We employ a fair use policy to our hosting. If we believe, for any reason, that you are not behaving in a manner expected of a DelCorp Data customer then we reserve the right to terminate your account – effective immediately.

Warranty
All web development and mobile application projects are covered by our 14 Day Warranty. Your 14 day warranty starts when all project deliverables have been met according and communicated with the client.
Any changes after this date will incur additional fees.
What the warranty does not cover: Any new features will need to be quoted separately additional non-project related support. Example: how to market a product, or corporate stationery isn’t covered by warranty.
Abuse of the warranty and support service. If we feel that the warranty and support services are abused we will notify you in writing and may suspend your services until a mutual understanding is agreed to.
All warranty claims must be in writing through the right support portal.
Communication
For streamlined communication we will not support any enquiries through SMS and any face-to-face or phone requests must be documented by the client via a detailed email within 24 hours outlining all the topics discussed and actionable steps along with any paid/unpaid tasks.

Disclaimers of Warranties
Anything disclaims any and all responsibility for the content, legality, reliability, accuracy of all or any information or material on this website. Using DelCorp Data and its services is purely at your own risk. DelCorp Data (for mobile app developer and application development projects) disclaims any warranties for services received through this site or acquired through or related to. DelCorp Data disclaims any harmful components in connection to DelCorp Data or its services.

Legal Compliance
You agree that you are following and abiding all applicable local, state, federal and international laws and regulations in the Australian jurisdiction.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Victoria, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Victoria in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Victoria. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.