Quest Digital Terms & Conditions: Digital Products and Services Agreement

Introduction

There are a number of ways we can enter into an Agreement, including:

Where you select and sign up to a Package or Product on our website;

Where we make contact with you and engage over the phone;

When you request us to provide Services;

Depending on the Services you request from us, we may also ask you to enter into additional Specific Terms to cover those Services. Regardless of how we enter into an Agreement, these Terms will apply and will form part of our Agreement. You should read the Terms carefully as we are entering into a contract and they create obligations for you and set out what we each agree to do.

Key Terms Summary

ClauseSummary of Obligation1These terms apply to any Agreement we enter into. Other terms may also apply for some Services.3We will clearly identify and commit to providing our Services to you.4You must pay us and any 3rd party (including a service/ads provider) where agreed as part of the Services.5You agree that you will do the right thing by us including providing clear and prompt instructions and other obligations are set out in clause 5.6 & 7We may agree to pause our Services and we each have rights to end the Agreement.10 & 11We may be liable to you in some circumstances and our warranties and liability are set out in clauses 10 and 11.8 & 12You must keep our IP and confidential information and not misuse or disclose it to others, unless permitted.16 & 17Special Terms apply to Digital Products and Services, Search Engine Optimisation, and our Quest Digital CMS.

1. Your Agreement with Us

(a) These terms and conditions (Terms) apply to the provision of Services by Quest Digital (ABN XX XXX XXX XXX), or a related entity (Quest Digital, we, us, our), to you as a customer (you, your).

(b) Our Services are designed to improve your online and digital presence, including on social media and these Terms set out what we are each required to do in order to achieve that objective.

(c) You agree to comply with these Terms when you order or enter into an agreement with us for a Package, or by instructing us to commence any Services (Agreement).

(d) Our Agreement will include: (i) The Product, Package or Service which you order and we agree to provide; (ii) These Terms; and (iii) Any specific terms and conditions relating to a particular Service identified in the Schedule (Specific Terms).

(e) Those documents will constitute our entire Agreement.

(f) If there is an inconsistency between these Terms and the Specific Terms, the Specific Terms will prevail.

2. Defined Terms

These Terms contain defined terms which are capitalised. The meaning which we agree to give those defined terms is set out in the Dictionary (Clause 15).

3. Supply of Services

(g) Service Limitations (i) Because the Services rely on the internet and third party providers, continuity cannot be guaranteed. We will use reasonable efforts in providing the Services, however, we can’t warrant or guarantee the Services will be uninterrupted or error free, and we don’t take any responsibility for faults, delays, or interruptions to the Services caused by: (A) misuse or user error; (B) your software or equipment; (C) the delays, action, operation, inaction, or failure of any third party service, software, or equipment; (D) any Force Majeure Event.

7. Suspension, Default and Termination

(f) If you wish to close your account, you must give notice in writing to [email protected] and you agree to have a meeting with a team leader or manager regarding your cancellation request to resolve any issues and/or finalise your cancellation.

13. General

(g) Each Party must handle any information received under the Services in line with our privacy policy which may be viewed at https://www.questdigital.com.au/privacy-policy. You must also handle all information you receive in accordance with that policy and the Privacy Act 1988 (Cth).

16. Liability Waiver (Specific to SEO & Website Access)

(e) You acknowledge this risk and in the event your website becomes corrupted, the website may not be able to be restored by us without the required FTP login details being provided to us. (f) Notwithstanding the above risk as stated in clause 16(e), you agree for us to access your website to provide SEO and digital marketing services. (g) You hereby waive your rights to hold us liable for any direct or indirect losses, claims, costs, damages or expenses of yours, including any loss of revenue and consequential damages caused or contributed to by such corruption to your website. (h) In order to mitigate the risk of your website becoming corrupted, you agree and undertake to maintain backup versions of your website to guard against losses of any kind.

17. Specific Terms for Digital Products and Services

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