Terms & Conditions
Services are provided by HY & Co. ABN 98 808 020 410. From herewith, the usage of “we”, “us” or “our” shall constitute reference to HY & Co. the legal owner of all associated content, software modules and codes of any website we develop. Access to and use of any website we develop is subject to these Terms. From herewith, the usage of “you”, “your” or “Client” shall constitute reference to HY & Co’s customer.
1.1. We reserve the right to make changes to these Terms at any time.
1.2. A failure or delay by us in exercising a right under these Terms or at law does not constitute a waiver by us of that right.
1.3. If you have any questions about these Terms, please do not hesitate to contact us via the ‘Contact’ page.
1.4. These Terms are governed by the Laws applicable in New South Wales, Australia.
2. Acceptance of Contract
2.1. Any instructions and/or payment received by us from you for the supply of Services and/or acceptance of our Services shall constitute acceptance of these Terms.
2.2. Where more than one Client has entered into this agreement, the Clients’ shall be jointly and severally liable for all payments.
2.3. Upon acceptance of these Terms, the Terms are irrevocable and can only be rescinded in accordance with these Terms or with written consent from us.
3.1. We respect your privacy and are committed to using and protecting your Personal Information in compliance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
3.2. We may collect any Personal Information (as defined in the Privacy Act 1988 (Cth)) you choose to provide us via the ‘Contact’ page and we may use email addresses provided to send updates and news regarding HY & Co. or your website. You may choose not to receive this type of communication by ‘opting out’ at the bottom of any such email communication.
3.3. We will not disclose any Personal Information to any third parties without your consent unless we are required to do so by law, to enforce these Terms or in the event of the sale of HY & Co. to a third party.
3.6. You are under no obligation to provide Personal Information to us but if you withhold requested information we may not be able to provide you with the services you seek via the ‘Contact’ page.
3.7. You may request access to any Personal Information we hold about you or make a request that we amend your Personal Information. However, we may refuse to allow you access to that information, and in the event we do, we will provide an explanation.
4. Intellectual Property
4.1. Unless provided by you or we indicate otherwise, we own all copyright and other intellectual property rights attaching to the content of any website we develop. If any of the material contained on the website is the intellectual property of someone else, we have included the material on our website under a licence or agreement with the owner.
4.2. Any intellectual property rights we have developed prior to, or developed separately from your website are not paid for by you. We own the unique combination of these elements that constitutes a complete design and we will license its use to you, exclusively and in perpetuity for your website only, unless we agree otherwise.
4.3. You are provided access to the copyright and other intellectual property rights contained on this website for your personal use only and not for any commercial use.
4.4 Nothing contained on your website is to be construed as granting you with any licence or right of use for any of the intellectual property contained on this website. If you want to publish, transmit, display, reproduce or otherwise use any material on our website for any other purpose you must obtain our prior written permission.
5. Liability & Indemnity
5.1. We are not liable to you or any third party for any loss, damage, cost or expense (whether direct, indirect or consequential) under contract, tort, statute or otherwise, however caused and whether arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our website or otherwise with us.
5.2. We exclude all implied terms and warranties, whether statutory or otherwise, relating to your use and access of this website.
5.3. You agree to indemnify us from and against all claims made against us arising out of or related to:
- 5.3.1. your failure to comply with these Terms;
- 5.3.2. the violation by you of our or any third party’s intellectual property rights or other proprietary rights arising in connection with your use of this website and any other occasion where such violation occurs in relation to our reliance on your instructions or specifications; and
- 5.3.3. your failure to comply with any applicable laws.
6. Administration Access to Your Website
6.1. By default, you will receive restricted access to your completed website / app.
6.2. You may request for administration or full access or source files. If accepted and provided to you, we will no longer be held responsible for security, unwanted changes or alterations to your website.
6.3. If any issues arise that are directly related to the elevated privileges, we can provide a quote to investigate and/or fix the issue at an agreed hourly rate.
6.4. If the request of administrator or full access is made during your website’s warranty period (30 days from your website go live date), the warranty period will automatically be terminated.
6.5. If source files are requested by you and provided to you during your website’s warranty period, we can no longer be held responsible for your website and therefore the warranty will be terminated.
7. Refunds, Cancellations and Transfers
7.1. A payment may be refunded only if cancelled within 24 hours of the transaction and work has not started.
7.2. Invoices are not refundable. If the client delays the project or decides not to go ahead then we invoice for any time spent over and above the equivalent hours for what has already been invoiced and then we terminate the project. Any invoices already issued are payable.
7.3. If you would like an incomplete or complete website to be transferred to you, you will be liable to pay a transfer fee (to purchase our intellectual property associated with your website).
8.1. These Terms are effective until terminated by us.
8.2. We may terminate this agreement and your access to your website at any time with or without notice, for example if you ask us to terminate your website or you fail to make a payment by the due date.
8.3. In the event we terminate this agreement, you are no longer authorised to access your website but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms will survive.