TERMS AND CONDITIONS

I have a strict policy for handling customer information. The information you provide to me is confidential and protected to the fullest extent possible. I will not disclose or distribute customer information to third parties without prior written consent by the customer.

For complete details, please review the following policies:

Terms of Use:
Welcome to my Web Site (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. I may from time to time modify or revise the Terms by updating this Web page. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

Privacy:
It is my policy to respect the privacy of individuals who visit the Site or provide Comments to me. My privacy policy (the “Privacy Policy”), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Miscellaneous:
These Terms are governed by and shall be construed in accordance with the laws of Western Australia without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by myself.

All Durahnam Technologies Clients become Clients through Freedom of Choice. This decision is from the products and services offered on our website and is not influenced by comments or reviews about other similar products or services that others provide. Durahnam Technologies products and services are as stated and there is no need to compare them to others.

Durahnam Technologies website is used not only to show services offered but also as a portfolio of ideas that customers can then see real world examples of. Therefore certain content that may represent people, products or services may not exist. If you are unsure contact Durahnam Technologies and we can assist you with what you require.

 

Terms and Conditions of Use Agreement

General:
By making use of the material supplied by the Copyright Owner, you have agreed to the following terms. If you do not agree to this then use of the material supplied is not permitted.

Under no circumstances will the Copyright Owner be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of the Products, Services, Web Sites or Linked Web Sites. All use is done so at your own risk.

Unless otherwise stated, all material is Copyright 2003-14, All Rights Reserved.

The Copyright Holder can be contacted by,

E-Mail: copyright@durahnam.com.au
URL: www.durahnam.com.au

Durahnam Technologies
PO BOX 1506
Mandurah WA 6210

The trademarks mentioned or contained within are the trade marks of their respective owners.

These trademarks may not be reproduced without the respective owner’s consent.

 

REMOTE DESKTOP SUPPORT DISCLAIMER

By requesting and accepting a remote session from a Durahnam representative to remotely assist you with a technical related issue, you accept responsibility for any changes made to the desktop content or system settings. Durahnam does not assume and is not responsible for any liability for the linking and viewing of any desktop content, the operation of the Quick Support software or system performance.

Durahnam recommends for your security and privacy that you exit any applications you have open that is displaying content such as personal or confidential information before initiating a remote support session with a Durahnam representative. Durahnam further recommends that you remain seated at your desktop throughout the entire remote session.

Your data is important to us. It is up to you to ensure that you backup your data on a regular basis. Durahnam will not be held responsible for any data loss if any occurred during or after a remote session. If you require help in setting up a backup procedure for your data please do not hesitate to contact us for further assistance.

Durahnam continuously undertakes to take the utmost care when in use of your computer. However, Durahnam cannot guarantee that our service will resolve your problem or that attempting to rectify your technical issue will not cause additional problems requiring an on-site call.

 

DESIGNS
The client is granted an exclusive right, once purchase has been made, to use the design work for promotional means. This includes having the designs printed and copied by the client for use of the client. At no time will the design be changed, modified or redesigned by anyone but the Copyright Holder.

The Copyright Holder is neither responsible nor liable for the registering of logos or for checking infringement on existing designs. All designs are to be checked by the client for possible conflicts with existing designs before use.

All designs are the Copyright Holder’s own original work and similarities are purely coincidental and have not been intentionally created to cause conflicts with existing designs.

Material Created ‘Free’ or At a ‘Reduced’ Rate:
No part may be reproduced, in whole or in part, without the specific written permission from the Copyright Holder.

The Copyright Holder must be notified about all intended use of the created work. At no time shall the created work be used for commercial purposes nor sold to others.

All work created must display details, in easy to read print, of the Copyright Holder and conferred to others when the work is displayed or made reference to.

Work will be used by Durahnam for Promotional Purposes, which the client agrees to, by going ahead with the work proposed, either with the ‘Free’ or ‘Reduced’ Rate Option.

If the client does not agree then they can choose to pay the full fee for the work.

 

WEBSITE DESIGN

PAYMENT TERMS
Fees quoted are valid for 30 days from the date of issue.

Our payment schedule is as follows:
(unless payment schedule exception paperwork is received, signed and in written form, from Durahnam Technologies. Any verbal communication does not apply.)

* Deposit: 50% of the total project cost will be invoiced on commencement of the project
* Progress: 25% will be due within 7 days after the first changes are received from the client
* Final: The final 25% will be due 7 days after the Progress payment

Payment terms are strictly 7 days

Updates outside original scope:
In the event of any variations or extensions to the project, or should a client wish to engage Durahnam Technologies on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

 

SERVICE TERMS

Intellectual Property
Durahnam Technologies reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance
Content- Durahnam Technologies can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.

Software Maintenance
Durahnam guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.

Variations and Extensions
In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. Durahnam Technologies can also be engaged on a time and materials basis.

Goodwill
This proposal assumes goodwill from both sides regarding:

* What can reasonably be achieved in a given time frame
* Making best use of resources to achieve the most effective outcomes

All quotes are valid for 30 days from date of issue.

 

FULL TERMS AND CONDITIONS – Durahnam Technologies
By placing an order with Durahnam Technologies, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions
Durahnam Technologies refers to Durahnam Technologies.
The client refers to the company or individual engaging the services of Durahnam Technologies.

General
Durahnam Technologies will only commence a project where an agreement has been provided by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Durahnam Technologies and the client. This includes written and verbal agreements via telephone and email.

Project stages

* Stage 1- The client must thoroughly review the website design, providing feedback within five business days.
* Stage 2- The client must review the website wire frame development (empty website shell or working website without content), providing feedback within five business days.
* Stage 3- The client must carefully review the website including all content, providing feedback on any changes within three business days.
* Final review- The client will review any changes made in stage three providing feedback on any changes within three business days.

Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations
Each project will have set parameters. If there are any amendments to these parameters after the project has commenced, Durahnam Technologies will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors
When a project has been delivered, the client will have a three month grace period where Durahnam Technologies will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website design
While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Durahnam Technologies does not accept responsibility for any losses incurred due to website malfunction.

The project and any associated graphics and files remain the property of Durahnam Technologies until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by Durahnam Technologies remain the property of Durahnam Technologies and may only be commercially reproduced or resold with the permission of Durahnam Technologies.

Durahnam Technologies cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Any additions to the brief will be carried out at the discretion of Durahnam Technologies. Where no charge is made by Durahnam Technologies for these additions, Durahnam Technologies accepts no responsibility to ensure these additions are error free. Durahnam Technologies reserves the right to charge an appropriate sum for any correction to these or further additions.

The client agrees to provide Durahnam Technologies all materials required to complete the site (files, content and images) in a timely fashion.

Durahnam Technologies will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Durahnam Technologies to meet agreed deadlines.

Durahnam Technologies will not be liable or become involved in any disputes between the site owner and their clients and Durahnam Technologies cannot be held responsible for any wrongdoing on the part of a site owner.

Durahnam Technologies will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.

Durahnam Technologies will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

A deposit of 50% is required with each project before any work will commence. Once a project has commenced the final balance of payment is due in accordance with our payment terms.

If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Durahnam Technologies copy writing service.

All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.

Content must be thoroughly reviewed before it is supplied to Durahnam Technologies. Durahnam Technologies is not responsible for any spelling and grammatical errors.

Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays
Where a project has approval Durahnam Technologies will indicate time frames for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Durahnam Technologies reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development
Durahnam Technologies cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Durahnam Technologies before being made available for general use.

Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by Durahnam Technologies remain the property of Durahnam Technologies and may only be commercially reproduced or resold with the permission of Durahnam Technologies.

Where applications or sites are developed on servers not recommended by Durahnam Technologies, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Durahnam Technologies for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.

When a project has been delivered, the client will have a three month grace period where Durahnam Technologies will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility
Durahnam Technologies will ensure that any site or application will function correctly:

* On the server to which it is initially installed
* When viewed with current Microsoft Internet Explorer
* When viewed with Mozilla

Durahnam Technologies can offer no guarantee of correct function with all browser software including future releases.

Website hosting
Durahnam Technologies cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.

Durahnam Technologies reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms
Hosting is available through Durahnam Technologies hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Training
All end user training is to be undertaken at Durahnam Technologies or onsite at the clients choosing. This training will be billed at our standard hourly rates.

Payment of accounts
A deposit by the client is required before Durahnam Technologies can commence a project.

Any outstanding accounts for work completed by Durahnam Technologies or our affiliates requires payment in full no later than 7 days from the date of invoice.

Durahnam Technologies will contact clients to remind them of payments due if they are not received.

If accounts are not settled and Durahnam Technologies have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Complaints procedure
Any client experiencing problems with a web service provided by Durahnam Technologies should contact their assigned Project Manager or email service@durahnam.com.au. Clients should supply the URL of the problem and clearly outline the issue in question.

Durahnam Technologies will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure
The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Durahnam Technologies who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 14 days. Any required action will be implemented with minimal delay.

 

ONLINE SHOP

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australian Deliveries Only
We sell Products Worldwide. We will not make deliveries outside of Australia.

Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot place orders with Durahnam Technologies.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Durahnam Technologies suffer any damage or other losses as a result of a transaction entered into by a minor, Durahnam Technologies reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Durahnam Technologies.

Placing Your Order
You may place an Order by filling in the Order Form on the Durahnam Technologies Web Site and clicking the “Submit My Order” button.

When you place your Order, we will issue you with an Order Number. We will do this by email.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Durahnam Technologies website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Durahnam Technologies will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Durahnam Technologies and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods And Processing
Durahnam Technologies currently accepts PayPal, BPAY, Visa, MasterCard and E.F.T.P.O.S Transfer only.

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding WA Public holidays.

We process credit card and PayPal payments after you click the “Submit My Order” button.

Where you pay by BPAY you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.

If a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation, Durahnam Technologies reserves the right to cancel the transaction.

For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by BPAY a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

Please Note:

• We are unable to accept credit cards issued by banks outside of Australia.
• Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
• You may be required to provide further identification for additional security reference checks.

GST
Durahnam Technologies purchases include GST.

Prices
Durahnam Technologies always seeks to list Products with the most competitive prices.

Durahnam Technologies reserves the right to change prices for Products displayed at Durahnam Technologies at any time before you place an Order.

The price of products shown excludes shipping costs.

Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.

Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.

Delivery Of Your Products
Delivery time takes up to 10 working days from the date your payment is received. Please note that BPAY payments take 1-2 business days to process.

Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to 3 weeks.

In all instances estimated delivery times will be displayed at the check out for your Product.

Durahnam Technologies makes every effort to deliver your Product according to the estimated delivery times provided by Durahnam Technologies at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.

We encourage you to visit the “Your Account” section on our website to view the delivery status of your Products.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all Products will pass to you on delivery.

“Coupons”
Durahnam Technologies in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.

Coupons can only be used towards the payment of Products on our website.

Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Durahnam Technologies will determine the content of Terms and Conditions governing Coupons in its absolute discretion.

Returning a Product if You Change Your Mind
If you change your mind about a purchase or make an incorrect choice, we are unable to refund the purchase price of the product.

Computer Hardware – Exclusions and Limitations
To the extent permitted by law, Durahnam Technologies is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are the responsibility of the consumer are not covered by the Durahnam Technologies warranty on Electrical Product.

In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, to the extent permitted by law, Durahnam Technologies is not liable for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or any other basis of liability, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Durahnam Technologies Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Durahnam Technologies specifically does not represent that it will be able to repair any Product or replace a Product without risk to or loss of programs or data.

Where a computing Product needs to be returned to Durahnam Technologies repair or inspection, to the extent permitted by law Durahnam Technologies is not liable for the loss or confidentiality of any data you may leave on the computing Product.

Our Liability
To the extent permitted by law:
• We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
• Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data – Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Durahnam Technologies Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Durahnam Technologies Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

Credit Card Fraud
While Durahnam Technologies employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Durahnam Technologies will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.

General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Durahnam Technologies. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Durahnam Technologies reserves the right to change the Terms and Conditions of sale at any time.

No Durahnam Technologies employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure
To the extent permitted by law, Durahnam Technologies is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Durahnam Technologies, and Durahnam Technologies shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.