Terms of Use

Terms & Conditions

  1. By using the DelCorp Data.com web site or any of the DelCorp Data Pty Ltd (“DelCorp Data”) IT consulting (“consulting”) services, you are agreeing to be bound by the following terms and conditions.
  2. DelCorp Data reserves the right to update and change the terms and conditions that apply to all clients without notice. The updated terms and conditions will only be in effect once they are published on the delcorpdata.com.au web site. Continued use of the DelCorp Data product after any such changes shall constitute your consent to such changes.
  3. The definition of “The Client” used in this document pertains at all times to the organization that is the intended party requesting apps from DelCorp Data.
  4. Any offer made by DelCorp Data is limited to the duration advertised or in the absence of such time or in the event of any error or omission shall be valid for 48 hours from when it first appeared unless DelCorp Data in its sole discretion decides to change the extent or duration of any offer.
  5. DelCorp Data ABN 44 610 827 006 is authorised to issue Recipient Created Tax Invoices (RCTIs) in respect to the services outlined in this proposal.
  6. Any reference to a sum charged by DelCorp Data is in Australian Currency unless otherwise noted and is subject, where applicable, to the addition of Australia’s Goods & Services Tax (GST).
  7. DelCorp Data acknowledges that it is registered for GST when it enters this agreement and will notify The Client if it ceases to be registered.
  8. The Client acknowledges that if it is required pursuant to Australian Law that it is registered for GST when it enters this agreement and will notify DelCorp Data if it ceases to be registered.
  9. The Client is responsible for maintaining the security of their online account and password.
  10. Indexation. All rates are indexed to increase at 5% annually on January 1 each year beyond the charges that applied prior to such increase occurring and the client acknowledges that DelCorp Data is authorized to apply such increase on further monthly and any other sums payable to DelCorp Data.
  11. DelCorp Data Standard Offering. This proposal covers the deployment of IT consulting advice and standard software and web application development utilizing well known modules offered at that time by DelCorp Data. Well known is defined by the advertisements and claims made by DelCorp Data. Should any development be required which in the opinion of DelCorp Data is customised, a specification and service and development quotation will be provided and approved by The Client prior to any development work being undertaken.
  12. These terms and conditions cover the specific services offered by DelCorp Data.
  13. In the event of there being customised development work, the quotation provided will be a best estimate based on current understanding at the time of quotation and with a view of it not taking more than the number of days of development effort quoted. In the event of it taking longer because of the need for additional resources or variations by The Client the standard rates of DelCorp Data will apply. It is expected that clients have a reasonable contingency budget, of approximately 20% of the quoted amount to cover unknown issues which may arise.
  14. It is understood and agreed by The Client that issues can occur and that in the event of any customer complaint or concern The Client shall refer it, or them, to DelCorp Data. This will not be a basis for voiding its obligation to pay DelCorp Data or withholding payment.
  15. Unless agreed by both The Client and DelCorp Data or unless a reseller or white label offering is to occur then DelCorp Data shall be listed as primary consulting company and development company on your website and other publications and market places.
  16. DelCorp Data warrants that the service shall be performed with reasonable care in a diligent and competent manner. To the fullest extent permitted by law, this clause is DelCorp Data’s only warranty concerning the services and is made expressly in lieu of all other warranties and representations, express or implied, including warranties of merchantability, non-infringement or fitness for a particular purpose, or otherwise.
  17. DelCorp Data may issue an update to the Client’s apps which may add, modify and/or remove app features. These updates may be pushed out automatically without notice, although DelCorp Data intends to notify the Client in advance of an upcoming update with details on what the update includes.
  18. DelCorp Data does not warrant and is not responsible for any products or services, including delivery of messages by carriers, on other networks or on other developers, IT consultants, providers systems or infrastructure which is beyond the best efforts of DelCorp Data, which it is accepted to have been made by DelCorp Data on its own systems.
  19. DelCorp Data does not warrant to any client the benefit of any DelCorp Data products or services that any client shall acquire from DelCorp Data.
  20. The Client warrants that it has not relied on any representations in writing or otherwise by DelCorp Data and that it is bound by these terms and conditions as a precondition of doing business with DelCorp Data which it accepts by making any payment to DelCorp Data or requests for its products or services.
  21. No additional IT consulting, development or support charges shall be levied by DelCorp Data to the client other than the initial development and monthly charges unless required and agreed by the client in writing in advance of such work.
  22. Where DelCorp Data should incur any additional charges DelCorp Data will notify The Client of any such charges as soon as practicable thereafter and The Client shall have their right to decline same.
  23. All service charges are based on DelCorp Data standard reporting being provided. Additional reporting requirements may incur additional charges pre-agreed with The Client.
  24. All fees are explicitly outlined in our website and anythingnet.com.au or sent in writing with instruction of services rendered and payment.
  25. The first charge is due on the date this agreement is signed by The Client and covers the services rendered in the agreement. If any amount is not paid within seven days of being due, DelCorp Data is entitled to provide a further 7 days of notice before terminating this agreement.
  26. DelCorp Data reserve the right to retain the services of debt collection services to recoup any losses.
  27. DelCorp Data reserves the right to terminate the service for any reason on reasonable grounds, including if payment is not received within 14 days of it being due. The decision to terminate shall be communicated to The Client as soon as practicable after making such decision. Further, in the event that the service is discontinued due to failure to pay, DelCorp Data reserves the right to charge a reactivation fee of a minimum of $65 if The Client requests that the service be reactivated and DelCorp Data were to agree to reactivate it.
  28. DelCorp Data reserves the right to levy a Wasted Service Call-Out (WSC) charge of $250 per hour or part thereof, where it has been deemed “reasonable” to expect that The Client could have located the cause of the fault and taken “reasonable” steps to rectify the situation, and this has not occurred or where it DelCorp Data determines that there was no fault attributed to DelCorp Data.
  29. By completing the online order or by signing the authorisation to proceed the client is acknowledging on behalf of its organization that it has obtained authorization to enter this agreement upon these Terms and Conditions.
  30. Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify DelCorp Data for any infringement on such copyright.
  31. DelCorp Data reserves the right to withdraw from any request to provide services or from a proposal, at its discretion, where in the opinion of DelCorp Data Management, excessive modifications and or additions to the initial brief have been requested by The Client.
  32. Iterations and modification requests will be estimated and charged accordingly as per requirements. We will communicate the effects of such modifications and its impact, it’s the sole discretion of The client to decide to invest in further software modifications.
  33. Unless otherwise agreed, The Client may cancel their agreement when ‘out of contract’ with no penalty. If the client
  34. 30 days notice of intent to cancel must be provided in writing or by email to betterflow@delcorpdata.com.au.
  35. Should AdVisible approve this cancellation, a cancellation fee of $500 or 50% of the remaining contract value; whichever is the greater amount, will apply. You are responsible for all charges incurred up to the time the account is cancelled, including all charges for the month in which cancellation became effective.
  36. Nothing in this proposal shall give rise to any action against DelCorp Data for whatever reason arising out of contract, tort or occurring from the relationship established between the parties herein shall be no more than $100 as an accumulative total sum up to and including such claim.
  37. All ideas and suggestions of DelCorp Data shall remain the property of DelCorp Data whether promoted and used as a result of this Agreement or not.
  38. In the event of the termination of any service or services arising from or incidental to this Agreement or introduced by DelCorp Data it is agreed that ownership of the Intellectual Property giving rise to such service or services shall remain the property of DelCorp Data including the name of the application in either or both of the App Store or in Google Play for the service. This excludes any pre-existing Intellectual Property created by The Client such as trademarks, logos or copyright information.
  39. DelCorp Data’s Customer Service and Technical Support can be reached by calling Australia 61-1300 335 267 and DelCorp Data will respond as humanly practical.
  40. Cancellation of any service does not expunge the client from any reasonable rights or obligations stipulated in this agreement.
  41. The client has the right to retain their intellectual property at no extra cost through out the duration of their contract. If the agreement is cancelled or lapses, DelCorp Data will retain ownership of any internet domains, app development, app names or registrations in the App Store, Google Play or otherwise used in conjunction with the client’s app or phone numbers or other addresses that DelCorp Data establishes and maintains in the operation of the services remain the property of DelCorp Data. If the client wishes to regain ownership DelCorp Data agrees to review the each case on an individual basis with a minimum review fee of $250 applies.
  42. Any documentation, designs or app functions or recommendations or other intellectual property arising from this Agreement and/or the Services outlined herein continue to be held by DelCorp Data or its nominee.
  43. Either party may withdraw from this agreement by giving 30 days clear notice to the other when the relationship of supply, the obligation of any payments beyond that expiration of the one month shall cease.
  44. In the event of service termination The Client agrees that DelCorp Data has the right to destroy any customer data unless payment for transfer of it is agreed by the Client with DelCorp Data within 14 days of service cancellation.
  45. In the event that the service provided by DelCorp Data to The Client is terminated, DelCorp Data shall not be required to facilitate the data, unless on mutually agreed terms, to The Client or any third party and shall within 7 days of such termination becoming effective destroy all of The Clients data. Only if the data requested is archived a unarchiving fee of $250 applies and applicable uploading or handover fees, example: when 1GB + of data is to be provided to the cloud, DelCorp Data incurs cloud storage fees and human costs to make the files accessible. Therefore $250 minimum fee + any cloud service charges apply.
  46. Both parties to this Agreement are entitled to promote the other party on their web site as well as links to the other party’s web site, mobile app or social media pages unless specifically excluded pursuant to these terms and conditions.
  47. DelCorp Data will have the right to represent to clients and prospects that The Client is a client of DelCorp Data and to describe the services provided in any format of public relations and on its web sites at the discretion of DelCorp Data providing that it does not cause any provable damage to the reputation of The Client and providing it is not specifically excluded under these terms and conditions.
  48. Any request to progress service provision by The Client to DelCorp Data is deemed to continue until and unless it is terminated at the discretion of either The Client or DelCorp Data.
  49. All industrial and intellectual property rights in and relating to any inventions, patents, applications for patents, design applications, designs (whether registered or unregistered) all copyrights, (including copyright conferred by the Copyright Act 1968 (Cth)), all trade or service marks (whether registered or unregistered), Confidential Information, integrated circuits, any rights that presently exist or may arise in the future anywhere in the world in respect of the services that The Client shall use belong to DelCorp Data. The Client obtains no rights to this intellectual property though using the services of DelCorp Data, unless the client explicitly requests to do so.
  50. Neither party represents any guarantee of success in any way for any initiative or developed application.
    Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify DelCorp Data for any infringement on such copyright.
  51. The Client indemnifies DelCorp Data from and against any claim, demand, action, suit or proceeding that may be bought by any person against them or their employees or agents or any of them in respect of personal injury to or the death of any person whatsoever or loss of or damage to any property or any other loss or damage whatsoever arising out of or as a consequence of an unlawful act or negligent act or omission by The Client in the execution of the work under this Agreement, or by their use of their account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or proceeding.
  52. The Client agrees to comply with all applicable federal and state laws and regulations when using DelCorp Data’s products and systems.
  53. The Client agrees to comply with the SPAM Act 2003 of Australia.
  54. DelCorp Data reserves the right to suspend or terminate a user’s account if, in its opinion a user has breached any laws or guidelines or if payment has not been made to DelCorp Data.
  55. The Client is to provide its own hardware and internet connections required to use the service and are solely responsible for all costs and fees associated with that usage.
  56. DelCorp Data is permitted to assign or license its associated services to any third party without the prior consent or notification to The Client.
  57. The Client does not have an exclusive right to use or distribute the service in any industry or territory and nothing in this agreement or relationship shall give rise to access to the source code or intellectual property of DelCorp Data which is agreed to be a valuable asset of DelCorp Data and is protected under Copyright Law and all rights are reserved in it.
  58. In the event of any dispute between the client and DelCorp Data it shall be determined by a Mediator and it is agreed between both parties that the maximum claim allowed against DelCorp Data shall be not more than $150, which represents the time allocated to resolve the clients issues.
  59. DelCorp Data will not accept responsibility for any server down time, server delayed response time, network issues, or any other issues caused by interruption or intermittent issues of the underlying 3rd party hosting service provider.
  60. The Client must not hack the DelCorp Data service or modify another website so as to falsely imply that it is associated with DelCorp Data.
  61. DelCorp Data will not process any payment transactions directly as such will be processed through the Clients own Merchant or Pay Pal account. It is the responsibility of the client to read the terms and conditions of all merchant accounts.
  62. DelCorp Data expressly makes NO claim or representation that:
  63. will be relied upon or warranty that the DelCorp Data service is or will be error free or that the information or the IT consulting and software it supplies will be timely, uninterrupted or secure in part or whole during service provision;
    oral or written advice afforded by DelCorp Data or its representatives or those holding out or perceived to be its representatives or in some relationship with DelCorp Data of any type may be relied upon in any way or create any warranty or representation under any circumstance.
  64. No Client may rely on any information received by DelCorp Data in relation to service provision or the benefits perceived or otherwise may derive for any Client or relationship of any Client.
  65. DelCorp Data or any related entity or party of DelCorp Data will not under any circumstances accept liability for any damages or losses occurring be they direct, indirect, incidental, identifiable, special or consequential arising from not being able to use or fully use the DelCorp Data servers or apps or arising from any mistake, omission, interruption, deletion to data or loss of data or virus or howsoever occurring which affects the performance or availability of the app or being able to transact via the app.
  66. DelCorp Data will not accept liability for any damages for loss of business or loss of profits arising from breach of this agreement or breach of any stated or perceived warranty and such exclusion of liability is to be read and understood as applying directly or indirectly with any party obtaining services from DelCorp Data via a Client or DelCorp Data Reseller White Label Client. Such exclusion of liability by DelCorp Data shall apply whether it otherwise would arise pursuant to contract or tort or construed as arising from this agreement. The exclusion of liability by DelCorp Data shall survive any termination of this Agreement for any reason.
  67. Any client of DelCorp Data acknowledges that they may be in receipt of information that it or they would not otherwise receive and such information is to remain the proprietary right of DelCorp Data and deemed confidential and protected accordingly pursuant to the laws of the State of Victoria, Australia.
  68. Force Majeur shall apply to this relationship between DelCorp Data and the party receiving or seeking to receive DelCorp Data services. Accordingly, it is agreed that if by reason of failures of servers, telecommunications or internet service providers, failures of mobile operating systems, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of DelCorp Data it is unable to perform in whole or in part its obligations as set forth in this Agreement, then DelCorp Data shall be relieved of those obligations to the extent it is so unable to perform its services and shall not make DelCorp Data liable to any affected party.
  69. This Agreement shall be subject to the jurisdiction of the laws of the State of Victoria in Australia and the parties shall to the extent that any claim could occur, agree to be bound and subject to a mediation occurring within the State of Victoria, Australia. Each party will cover their own costs.
  70. In the event of DelCorp Data incurring legal costs it shall have the right to recover same should it succeed in any litigation but shall not be liable to pay any other party or parties legal costs in any proceedings.
  71. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
  72. It is agreed between the parties that the terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission which shall include all rights and obligations following termination and or assignment, terms pursuant to liability and limits as stated, indemnification and warranty as well as the right of not facilitating services at the discretion of DelCorp Data without being required to give reason for same.
  73. It is accepted as fundamental to any relationship with DelCorp Data that any party receiving its services will indemnify, defend and not seek any claim from DelCorp Data regardless as to any other party/ies actions, claims or liability, costs, losses and expenses claimed to arise from use or attempted or sought use of DelCorp Data services and such protection and indemnity shall occur without limit or exception.
  74. The terms and conditions and the relationship with DelCorp Data shall continue regardless of any assignment of interest by or in DelCorp Data to a related or non related entity.
  75. It is agreed that the obligations between the parties are entirely contained within the terms and conditions of this agreement, which are subject to change at the discretion of DelCorp Data, and the laws of the State of Victoria and of Australia. No oral communication at any time shall place obligations on the parties.
  76. In the event that DelCorp Data were to delay any right of action arising pursuant to these terms and conditions, any updated changes to these terms and conditions or arising from its contractual rights or in tort it shall not give rise to any waiver by DelCorp Data to seek protection and enforcement of such rights.
  77. DelCorp Data Reseller or White Label Offering (WLO) shall be on the same terms as any client as referred to herein except for the pricing and any other specific additional terms as detailed below and shall be available via a white label partner section within the DelCorp Data website.