Terms & Conditions
devLuk Technologies ABN 48 300 506 930 (“Devluk“, “We” or “Us“), is the owner, developer and distributor of the services associated with the building, management and hosting of web pages, mobile applications, web applications, including access to software which allows you the customer (“You“) to build and manage your (“Your“) website, and from time-to-time including additional features and upgrades and enhancements and such other services as agreed (“Services“).
1. Application and Variation of these Terms
These terms and conditions are the terms on which Devluk will provide the Services to You. These terms constitute the agreement between You and Us (“the Agreement“) in its entirety and supersede any prior agreements between You and Us in respect of the Services. We may modify these terms and conditions, (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect 7 days after such notice has been provided. By accepting these terms and conditions, You also agree to accept and be bound by any changes made by Devluk under this clause.
The copyright in all reports and associated website designs, text, graphics, the selection and arrangement thereof, and all software is owned or licensed by Devluk. All of Devluk’s rights in this regard are reserved. Copyright in the material contained on this website and in any report subsists under the Copyright Act 1968 Australia and, through international treaties, under the laws of many other countries.
3. Provision of Services
Devluk will use all reasonable efforts to provide You with the products and Services that are relevant to the Services purchased, as described on the Devluk website.
Design services sold by Devluk are as detailed on the Devluk website at the time of sale. This includes Website Design, Graphic Design, Business Starter Packages, Website Maintenance Packages, Mobile & Web Application, Social Media Packages and Devluk promotions.
You agree to read and abide by the domain registration policies, available at:
http://www.devluk.com.au/terms-conditions.php for .au domain names
You authorise Devluk to communicate Your contact details to the relevant domain registry to be made available to the general public, upon request of the relevant domain registry.
Devluk does not represent nor guarantee that You or Devluk have rights to ownership of any domain name purchased. You should refrain from taking any action to register or renew a domain name prior to confirm of registration or renewal from Devluk. Devluk does not guarantee successful registration or renewal of a domain name.
Failure by You to pay any fee (including, but not limited to, any renewal fee) for any domain name by the stipulated due date may result in the domain name being deactivated or deleted by the relevant domain name registry. Under no circumstances will Devluk refund any fees paid by You to Devluk in relation to any domain name.
Devluk reserves the right to deactivate or cancel a domain name the use of which is illegal, fraudulent, infringes the intellectual property rights or other legal rights of a third party, or is defamatory to or disparaging of a third party. You will indemnify and keep Devluk fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by Devluk as consequence of Your use of a domain name.
Search Engine Marketing & Optimisation
Devluk offers search engine marketing, search engine optimisation and Google Map optimisation Services (collectively, the “Search Services“). Search Engine Services sold by Devluk are as detailed on the Devluk website (www.devluk.com.au) at the time of sale. This includes; Search Engine Optimisation (SEO) packages, Search Engine Marketing (SEM) packages and Google Maps optimisation packages. Devluk, at their sole discretion, may use 3rd party suppliers to deliver all or any part of the Search Services.
o Domain Names
The term of the domain name license (ie that period of time for which the license is granted to You) will be:
- 1 year for a .au domain name; and
- 1 – 10 years for a .com, .net, .org, .biz or .info domain name; and
- The period of agreement for a subdomain.
When You purchase a domain name from Devluk, You will be purchasing the use of the domain name for the specified term, unless otherwise agreed with Devluk. Upon expiration of the initial term for the domain name license, the domain name license may be renewed for a further period equal to the period of the initial term.
It is Your sole responsibility to ensure that registration of a domain name is renewed when necessary and Devluk takes no responsibility for losses or expenses arising out of any failure by You as the Licensee of any domain name to renew the registration of a domain name.
The applicable prices and charges for a particular product or Service are as stipulated in a quote provided to You by Devluk or, if We have not provided a quote to You, as stipulated on the Devluk website. All prices and charges published on the Devluk website are inclusive of GST, unless otherwise stated. These prices and charges may include:
- a one off non-refundable set-up or design services fee, which requires payment upfront before the Services will commence;
- a monthly or annual reoccurring fee, payable in advance of the commencement of the relevant period; and
- other fees, prices and charges payable on a time, materials or usage basis, as applicable.
You are responsible for all prices and charges for Services and any other amounts (such as excess storage and bandwidth coverage) incurred by Yourself or Your authorized representative or as a result of any use of a product or Service, in accordance with the billing provisions specified in the payment confirmation.
Devluk reserves the right to contact a credit reporting agency to obtain personal information about You for the purpose of validating an application for credit made by You to Devluk.
In the event that Devluk issues You an invoice in arrears for any service or product, You fail to pay for any Service or product by the set due date or You fail to pay any other amount owing under this clause, Devluk reserves the right to, in addition to any other right:
- charge interest to You at an applicable rate until the relevant amount owing is paid;
- suspend or terminate any Services or products provided to You by Devluk; and
- not renew or register any Services or products provided to You by Devluk to a third party.
Any suspension does not relieve You of Your obligation to make payments under this Agreement including circumstances where a credit card transaction declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.
You agree, in the event of default, to pay Devluk our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to Devluk an additional amount equal to the applicable GST amount with that payment and Devluk will provide You a GST tax invoice.
Devluk reserves the right to sell any moneys owed by You to Devluk under this agreement to a debt collector.
6. Limitation of Liability
Where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Devluk to You is limited, at the option of Devluk, to:
- for a claim relating to goods liability is limited to the repair or replacement of the goods or payment of the cost of having the goods replaced or repaired; and
- for a claim relating to services liability is limited to the supplying the services again or payment of the cost of having the services supplied again.
To the extent permitted by law, the liability of Devluk to You or any other person, whether in contract, tort (including negligence), under statute or otherwise, arising out of or in any way relating to this Agreement:
- except as expressly stated in this Agreement, is excluded;
- where it cannot be excluded, is limited in total to the fees payable by You for the Services in the previous 12 months; and
- excludes liability for any indirect, secondary or consequential loss or damage or for loss of income, profits or anticipated savings or loss of opportunity.
To the extent permitted by law, You indemnify and agree to keep Devluk indemnified against any loss or claim arising out of Your use of the Services
Devluk will not be liable for any software or hardware issues that may reside at the client’s end that limits or interferes with the Services provided by Devluk. These include, but are not limited to, complex networks that do not allow network traffic through to Devluk servers including proxy servers, terminal services or ISP issues, and software conflicts on a client’s machine, not allowing the Devluk software to be installed, used or accessed.
8. Content of Your Website
You will take all reasonable steps to ensure that Your website will contain warnings if all or part of its content is not suitable for children and complies with all applicable laws and industry policies.
9. Your Data and Content
You are responsible for all data, content, materials and files supplied by You to Devluk. It is solely Your responsibility to store back up of all data, content, materials and files supplied by You to Devluk on Your own server.
Correspondence from Devluk will be sent to You via the primary contact email address that You provided during the sign up process. Devluk waives any responsibility for correspondence not being received at this address. It is Your responsibility to immediately advise Us of any change to Your primary contact email address.
11. Links and Publicity
By entering into this Agreement You acknowledge and agree that Devluk may use Your name, and logo for the express and sole purpose of identifying You as a client of Devluk in its marketing material, both print and electronic and that Devluk may place on Your website a hyperlink to Devluk’s website labeled “Developed By devLuk” or words to similar effect. You may elect to withdraw Your permission for the use of Your name and logo in Devluk’s marketing material, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain. Devluk accepts no liability for, nor warrants the accuracy of any content associated with any of its customer’s websites.
12. Trademarks and Intellectual Property Rights
Devluk is the sole and exclusive owner of the Services and the underlying software code and all Intellectual Property Rights in relation to the Services. All improvements to the Services will remain the property of Devluk. Devluk shall have and retain sole ownership of its trademarks, including the goodwill pertaining thereto.
13. Acceptable Use
You will ensure that Your website content (and anything relating to Your website or to the Services) is not illegal; deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged sector of the community; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business.
You will also ensure that Your website is not used for any “spamming” activity or any misleading or deceptive conduct or other illegal or unethical marketing practice. You further warrant that nothing on Your site will breach copyright or other Intellectual Property Rights; or will be contrary to the terms of any binding confidentiality or other agreement nor breach the Privacy Act or equivalent or any other laws or legal requirement. Devluk may, but shall not be obligated to, immediately and without notice, terminate the provision of Services to You and remove Your website or Your access to it, if We are of the reasonable opinion that You may be in breach of this clause of this Agreement and such termination may take place immediately on detection of such conduct and without notice to You. You acknowledge that You shall have no remedy or recourse against Devluk.
Upon termination under this clause, Devluk shall have the right to delete and/or destroy any and all of the content of Your website and Your information, without accounting to You for such destruction.
You shall have no redress against Devluk in respect of any loss or claimed loss arising out of anything done under this clause.
You agree to promptly inform Devluk of any breach by You of these terms and conditions and of any conduct of any other person which You think may be a breach of these terms and conditions, whether the conduct has ceased, is continuing, or may occur in the future.
15. Customer Information
You will need to supply Devluk with accurate, complete and up-to-date personal information, including billing and account information, so as to be supplied with products, Services and payment confirmation. You shall notify Devluk of any changes to Your contact information.
Devluk will not be responsible if You do not receive important notifications (such as renewal notices) due to inaccurate personal information or Your failure to notify Devluk of changes to Your personal details.
16. Use of Customer Information
You grant to Devluk the right to disclose your personal information to other parties, including customer enquiries, mailing operations and billing and debt-recovery entities, in order to ensure that Devluk is able to effectively provide its Services to You.
You acknowledge and consent to the disclosure by Devluk to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of Your identity or other personal information provided by You to Devluk, upon Devluk being requested to do so by that law enforcement agency.
Devluk cannot and does not know or control whether You have given access to Your Devluk account to other people and recommends that You keep password and login in details confidential. You are totally responsible for when and how Your account with Devluk is used and the actions of the people (if any) You allow to access, or transmit information through, Devluk’s computer systems and network resources or otherwise utilise the Services (whether or not You have given them Your login and password details or not).
18. Reliance on Services
Whether You are using the Services for private or commercial purposes, or both, You agree and understand that the quality, and continuity, of Devluk’s Services depends on factors over which Devluk has no control and cannot seek to control. Devluk may be required to perform maintenance, which also may effect the quality, and continuity, of Devluk’s Services. Devluk will take all reasonable steps to notify You of such maintenance when permitted by the circumstances. Whilst Devluk will endeavour to maintain ongoing access, it is probable in such an operating environment that disruptions and failures of any or all computer systems, network resources, and the Services may occur. Recognising this, You agree that:
- Devluk cannot and does not guarantee, warrant or otherwise imply that You will receive constant and uninterrupted access;
- Devluk will provide You with access at any given time only as the circumstances allow; and
- Devluk cannot always ensure that it’s computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.
19. Breach of Copyright
Devluk does not condone activities and actions that breach the rights of copyright owners. It is Your responsibility to obey all laws governing copyright.
20. Website License
You hereby grant Devluk a license to cache Your website. You also agree that caching of Your website by Devluk is not a breach of Your or any other parties’ intellectual property rights.
21. Software License
Devluk hereby grants You a non-exclusive, non-transferable license to use its software for the sole purpose of creating and maintaining a website hosted on Devluk servers, or on such other server as may be licensed by Devluk to host sites on its behalf. You may not copy or reproduce the software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. You are not licensed to use or install the software, other than as specifically authorised by Devluk.
Grant of License and Protection of Proprietary Rights
Devluk grants You a non-exclusive, non-transferable and revocable license to use Devluk Programs (including software products and services). This Agreement does not convey to the Licensee any ownership rights or any other interest in the Sweeper Service. You may not copy or reproduce the software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. You are not licensed to use or install the software, other than as specifically authorised by Devluk.
You acknowledge that the proprietary rights belong to Devluk only and You will not dispute such ownership. You acknowledge that Devluk retains all right, title and interest in and to the Licensed Programs, including without limitations any error corrections, enhancements, updates or other modifications to the Service, whether made by Devluk or any third party, and all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. The Licensee’s use of the Service does not transfer to it any title to the intellectual property of the Services or Software and the Licensee will not acquire any rights to the Services except as expressly set forth in this Agreement.
Devluk Warrants that the program will perform in accordance with the published specifications (including operating systems, browsers or other 3rd party dependencies) at the time the program is released. Your use of the program in unsupported environments is not supported. Your exclusive remedy and Devluk’s entire liability in tort. contract or otherwise will be at Devluk’s sole discretion.
22. Cancellation of Services
You are entitled to cancel a product or Service provided by Devluk before the end of its Service term. Notification of cancellation must be provided to Devluk in writing at least 30 days prior to the date at which You seek the product or Service to terminate. You agree that, should You chose to cancel a product or Service before the end of its Service term, You may be required to pay a cancellation fee to Devluk equal to the fees for two months of Service.
23. Trade and Business Obligations
You agree to comply with all requirements for the conduct of business applicable to persons conducting business both in Australia and in Your country of residence, and in particular not to breach any export law or trade restriction by the sale or supply of goods or services on Your website.
24. Applicable Law
The laws of Queensland, Australia, govern this Agreement, and You submit to the exclusive jurisdiction of the courts of Queensland.
By downloading, installing or using any Devluk programs, products or services you are consenting to be bound by this agreement.