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Trade of Services

Trade of Services (TOS)

1. Account Setup
All services are provided on a PRE-PAID basis or payment arrangement made in advance prior of any work commences. Umbrella i.T will setup your account after we have received payment of any and all outstanding invoice(s). It is the clients responsibility to provide Umbrella i.T with an email address which is not at the domain(s) you are signing up under.

2. Content
All services provided by Umbrella i.T may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. Examples of unacceptable material: • IRC Bots • Warez Sites • Pirated Software • Hate sites • Hack programs and archives

3. Zero Tolerance Spam Policy
Umbrella i.T take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. Umbrella i.T reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. Umbrella i.T reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Umbrella i.T. All rights reserved.

4. Payment Information
You agree to supply appropriate payment for the services received from Umbrella i.T, in advance of the time period during which such services are provided. You agree that until and unless you notify Umbrella i.T of your desire to cancel any or all services received, those services will be billed on a recurring basis. Umbrella i.T reserve the right to change the annually payment amount and any other charges at anytime without notice. In the event where the account becomes overdue Umbrella i.T reserves the right to charge any and all interest legally possible to its discretion. In the event where the overdue account is referred to a collection agency, Umbrella i.T reserves the right to add collection and all associated legal costs to the balance outstanding.

5. Backups and Data Loss
Your use of the service is at your sole risk. Umbrella i.T and any of their agent(s) and/or employees are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups and maintenace of files and data stored on our server/s. In the event that the client does not sufficiently carry out any maintenance and there for causes interruptions, malfunctions and/or disruption of the server/s, Umbrella i.T will carry out the necessarily maintenance. The customer agree to pay for this maintenance.

6. Cancellation and Refunds
Umbrella i.T reserve the right to cancel the account at any time. Customers may cancel at any time. Pro-rata refunds will only be given when upgrading to a higher-level account. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. No refunds will be given for cancellation of domain registrations. No refunds will be given after 30 days and/or due to occurrences beyond control of Umbrella i.T.

7. Resource Usage
Users may not initiate the following: 1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. 3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD 4. Run any software that interfaces with an IRC (Internet Relay Chat) network. 5. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc. 

8. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount Umbrella i.T reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9. Money back Guarantee
On dedicated servers, and co-location no full refund will be honored, the 30-day money back guarantee does not apply. Umbrella i.T reserve the right to refund a prorated amount or no refund at all. The 30-day money back guarantee does not apply and no refund applies in any event that is beyond the control of Umbrella i.T.

10. Price Change
The amount you pay for hosting will never increase intermediate from the date of purchase. Umbrella i.T reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

11. Indemnification
The customer agrees that it shall defend, indemnify, save and hold Umbrella i.T harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's and/or solicitors fees asserted against Umbrella i.T, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of;
1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Umbrella i.T;
2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement and
4. Any defective products sold to customers from Umbrella i.T server.
 

12. Disclaimer
Umbrella i.T its agent(s), officers and employees will not be responsible for any damages you and/or your business may suffer. Umbrella i.T and any of their agent(s) and/or employees make no warranties of any kind, expressed or implied for services we provide. Umbrella i.T its agents, officers and employees disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Umbrella its agents, officers and employees.

13. Changes to the TOS
Umbrella i.T reserves the right to revise its policies at any time without notice.

Website design Agreement Standard Terms and Conditions

1. The Services
1.1 Subject to this agreement, Umbrella i.T will provide the Client with the Services as set out in the Estimate or Quote. In providing the Services Umbrella i.T will consult with the Client, as Umbrella i.T considers appropriate.

1.2 Provided that the Client provides the Client Materials by the date set out in the Estimate and pays the first installment of the fee within the stated payment terms of Umbrella i.T's invoice Umbrella i.T will supply the Completed Material by the date or dates specified in the Estimate.

1.3 Subject to this agreement Umbrella i.T will deliver the Completed Materials in the format set out in the estimate/quote within the time set out in the Estimate. The Client will notify Umbrella i.T promptly of any typographical or timing errors, which Umbrella i.T will correct, free of charge. Should the Client not indicate corrections within 5 (five) working days of receiving the Completed Material, the Client shall be deemed to have accepted the Completed Materials.

1.4 The Client agrees that Umbrella i.T will use our best endeavors to meet delivery deadlines, for websites this will be 3 weeks no translation included, but will not be responsible for late delivery of the Completed Material in any of the following circumstances:

1.4.1 The Client is late in providing the Client Materials to Umbrella i.T, provides faulty or illegible Client Materials, does not promptly respond to Umbrella i.T's queries or does not pay the first installment of the fee within its stated payment terms;

1.4.2 Umbrella i.T experiences unforeseen unavailability of employees or subcontractors because of illness or death or a “act of God” event occurs, such as failure of equipment, act of terrorism, strike or lockout, natural disaster or act of government.

1.5 The Client grants Umbrella i.T permission to copy, edit, adapt and otherwise deal with the Client Materials for the purpose of carrying out the Services.

2 Client obligations and warranties
2.1 The Client will:

2.1.1 Deliver the Client Materials to Umbrella i.T at its own expense on or before returning the signed Estimate;

2.1.2 If the Client Materials are faulty or illegible, redeliver to Umbrella i.T a new copy of the Client Materials (or the relevant part of them) promptly at the Client’s expense;

2.1.3 Provide assistance and co-operation to, and consult with, Umbrella i.T as required enabling Umbrella i.T to carry out the Services.

2.2 The Client warrants and represents to Umbrella i.T that:

2.2.1. it has obtained all consents necessary to permit Umbrella i.T to carry out the Services;

2.2.2. by carrying out the Services, Umbrella i.T will not infringe the rights (including, without limitation, copyright, or rights held under the Privacy Act (1988) as amended) of any third party; and

2.2.3. the use of the Completed Materials by the Client will not give rise to any liability in defamation, contempt of court or other breach of the law or third party rights.

2.3 The Client indemnifies Umbrella i.T against all claims, proceedings, damages, costs (including legal costs) or other loss or liability incurred by Umbrella i.T, which arise from the breach by the Client of any warranty or obligation contained in this Agreement.

3 Fees
3.1 The Client will pay the Fee set out in the Estimate/quote within 30 days of receipt of the Completed Materials and an Invoice from Umbrella i.T for this amount.
In the event where the account becomes overdue Umbrella i.T reserves the right to charge any and all interest legally possible to its discretion. In the event where the overdue account is referred to a collection agency, Umbrella i.T reserves the right to add collection and all associated legal costs to the balance outstanding were legally possible.

4 Amendments to fee and requests for additional work
4.1 The Client agrees that Umbrella i.T is entitled to amend the Fee in the following circumstances:
4.1.1. the estimated number of words and/or graphics differs from the original quote; 4.1.2. the Client requests additional work; 4.1.3. the Client requests stylistic changes or revision; or 4.1.4. the Client requests completion on a “rush” basis before the time specified in the Estimate (urgency fees of up to 50% surcharge on regular fees will apply). 4.2 Umbrella i.T may refuse a “rush” request or additional work if sufficient resources can not be allocated at short notice. 5 GST and Withholding Tax 5.1 All sums of money or other consideration referred to in this Agreement are inclusive of GST. 5.2 Where a party is liable to any tax or impost in the nature of a GST in respect of any supply made under this Agreement, the other party shall, in addition to any other payment required by this Agreement, pay the first party the GST imposed on the supply calculated as such percentage of the GST exclusive value of the supply as is applicable, being the rate of GST at the time of supply (currently 10%). 5.3 To be entitled to recover GST under clause 5.2 a party must issue a GST valid tax invoice or valid tax invoices in accordance with GST legislation to the other party for any supplies made under the agreement which are subject to GST. 6 Copyright to be owned by Client 6.1 The Client will own the copyright in the Completed Material. 6.2 Umbrella i.T warrants that it has obtained appropriate releases and assignments of copyright from employees and subcontractors who will carry out the Services. 7 Limitation of Liability 7.1 Umbrella i.T warrants that it will exercise due care and skill in providing the Services to the Client in accordance with this Agreement. However, the Client agrees and acknowledges that: 7.1.1. the Services do not include advice on the appropriateness, accuracy or otherwise of the Client Materials and the Client will not rely on Umbrella i.T for such advice; 7.1.2. Umbrella i.T is not deemed to be aware of the purpose for which the Client requires the Services; 7.1.3. Umbrella i.T shall not be responsible for the accuracy of the Completed Materials once accepted by the Client; and 7.1.4. words and phrases when translated may be capable of more than one meaning or form. 7.2 To the extent permitted by law, the parties agree that: 7.2.1. Umbrella i.T will not be liable for the consequences of use of the Completed Materials by the Client or any third party; 7.2.2. Umbrella i.T shall not be liable for any special, indirect, consequential, incidental or punitive damages, nor for any economic loss, loss of profits, savings or goodwill suffered by the Client as the result of breach of this Agreement by Umbrella i.T or otherwise; and 7.2.3. In any event the Client’s remedy in contract or tort, equity or otherwise is limited to a maximum of the aggregate of the Fee paid to Umbrella i.T by the Client under this Agreement. 7.3 Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Umbrella i.T is entitled to do so, its liability will be limited at its option to: 7.3.1. in the case of the supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of goods; and 7.3.2. in the case of services, the supply of the services again or the payment of the cost of having the services performed again. 8 General 8.1 This Agreement is the entire agreement of the parties about the subject matter of this Agreement. To the extent permitted by law, this agreement excludes all other terms, representations, warranties and conditions not expressly stated. This Agreement may only be amended in writing and signed by both parties. 8.2 This Agreement is governed by the laws of the State of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of that state in connection with disputes arising out of this Agreement. 8.3 Nothing in this Agreement gives the Client any rights in the Umbrella i.T name or logo. 8.4 Should any term of this Agreement be illegal or unenforceable, the parties intend that the term shall be deemed to be severed from this Agreement and the rest of the Agreement will remain in force Umbrella i.T reserves the right to revise its policies at any time without notice.

Your one stop IT shop

Umbrella i.T provides its services to the AustralAsian region, including mainland Australia, New Zealand and the pacific islands

Umbrella i.T is dedicated to providing reliable i.T solutions of the highest quality, focussing on reliability, customer support and satisfaction at affordable prices.

Email us or give us a call on 07 4222 1214 to discuss particulars.


Umbrella i.T, 28 Pepperina Str, Mooroobool, QLD 4870 Phone + 61 7 4222 1214 Fax + 61 7 4033 7980 email : admin@umbrellait.com.au

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