Terms of service

1. General Terms of Service

1.1 The Client agrees that this document and its contents are a true and complete representation of the terms and conditions of our services.

1.2 English Australia – would be deemed language for the website or associated services and products unless otherwise specified.

1.3 The Client’s continued use of the services is binding acceptance of these terms and conditions and any changes thereto.

1.4 Each party agrees to keep in confidence and prevent unauthorised use or disclosure to any unauthorised person or persons of all confidential information which is received.

1.5 ALEPH IT operates during Sydney New South Wales Australia time zone and business hours. Monday to Friday, 9am to 5.30pm. These are deemed business hours for all Service Level Agreements and response times.

1.6 All inbound and outbound emails and calls from/to Clients are digitally recorded and may be used in the case of a dispute.

2. IT Support, Development and Managed WordPress Services

2.1 Aleph IT provides IT and Development Support Services to Clients.

2.2 Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. All requests for support must be lodged online via the Online Service Desk portal at https://sd.alephit.com.au or by emailing [email protected] and upon lodging a ticket you shall receive an automated response from our Service Desk advising you your ticket has been received and a reference number in relation to your matter. Our team will attend to your request and provide an update within 1 Business Day.

2.3 Should the steps in 2.2 not be possible, Clients may call our Perth Office on 0865556664 or our Sydney Office on 0291883806 and leave a descriptive voice mail message, which includes their name, company, contact email address and phone number, at which point our team will create a support request in the Service Desk on your behalf within 1 Business Day.

2.4 Clients must be pre-registered in the Service Desk prior to lodging support requests. Our team will not attend to requests received from unregistered Clients or email addresses. Should Clients not be registered in our Service Desk they may contact [email protected] requesting an account with Aleph IT be setup for support services.

2.5 When requesting support services from Aleph IT Clients are to provide a descriptive subject when lodging a support ticket online or in the header of the email about their problem as well as descriptive detail outlining the issue and also steps to replicate the issue they are reporting in the body of the ticket / email / voicemail.

2.6 All support requests lodged via the Service Desk / Email must only contain one issue or change request per ticket. Concerns that involve two or more requests will be split into multiple Service Desk Tickets.

2.7 Clients are to maintain their reference numbers to tickets and ensure to respond to the correct ticket numbers with any updates on issues or requests.

2.8 Any end user training is not part of any IT, web or application development project; however, we will provide help documentation wherever possible.

2.9 The ALEPH IT team will provide support for a period of 30 calendar days after final delivery of any web or application development, for any bugs or technical questions that the Client may have. It shall be the responsibility of the Client to properly test all development and report back any bugs within 30 calendar days upon completion. Any such bugs reported after 30 days may be deemed billable.

2.10 Any other functionality or activity not explicitly covered in Project Scopes is deemed to be out of scope.

2.11 All work which entails a design aspect such as the creation of Logos, Brochures, Image manipulation, Wireframes, Mock-ups or any aspect of Development Design shall include 1 Revision in which the client must provide detailed and clear feedback should it be required.
Additional revisions will be deemed out of scope and will be billable, unless otherwise formally agreed upon in writing prior to commencing the work.

2.12 Work being carried out within proposed schedules will be dependent on the Client providing content/information for a Project and failure by the Client to provide content/information within the agreed time period of 7 business days will result in a Project being re-scheduled.

2.13 All third-party services/tools required for a Project are to be provided by the Client. These include but are not limited to the payment gateway, any mobile/SMS gateway, SSL certificates, Zip code databases, WordPress/Magento plugins etc.

2.14 All website and web-based applications will be tailored to 1920 * 1080 resolution unless otherwise mentioned.

2.15 All content for a Project is to be provided by the Client. All the images, except the Royalty Free images contained in the package, and text used by ALEPH IT on the Client’s website would be for placeholder purposes only and shall be replaced upon receipt of the actual content as provided by the Client. This shall not apply should your project or package includes unique content to be written by Aleph IT.

2.16 All development Projects will be developed on the current versions of the proposed platform/database/application/environment/browsers. Any future/earlier versions of the mentioned are not supported. Aleph IT will not be liable for costs to update applications at a later date to be compatible with future release of platform/database/application/environment/browsers unless otherwise stated in writing via a maintenance and support agreement. All costs and time involved will be billable to the Client.

2.17 Time to Publish Mobile Applications:

A.For iOS: 7-14 days (ALEPH IT has no control over Apple for timelines required from Apple to launch an application in the Apple App Store. Applications are subject to approval by Apple, as outlined in the SDK agreement for basic reliability testing and other analysis). Time frames provided are estimated times only from Apple.

B.For Android: 4-12 hours (ALEPH IT has no control over Google for timelines required from Google to launch an application in the Google Play Store). Time frames provided are estimated times only from Google.

2.18 In-App purchases cannot be moved without a developer account (both for Android & iPhone).

2.19 ALEPH IT will only take responsibility for any issues/problems regarding Websites and Applications running on our testing devices. If any issues appear from other devices, then extra effort will be given to fix them & timeline for completion of a Project will be extended.

2.20 ALEPH IT reserves right to mention Credits on all Website or Application for development work by ALEPH IT or reproduce and display Client web pages electronically via the World Wide Web or as demonstrations and examples of ALEPH IT’s design and work.

2.21 Certain services available may include materials from third parties. ALEPH IT may provide links to third-party Websites as a convenience to you. You agree that ALEPH IT is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ALEPH IT is not in any way responsible for any such use by you.

2.22 The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by ALEPH IT management at its sole and exclusive discretion. Clients deemed to be abusing the ALEPH IT service will be contacted by the ALEPH IT management. ALEPH IT management retains the sole and absolute discretion to suspend service to you if we deem necessary.

2.23 WordPress Managed Service requests are subject to a maximum of 60 minutes work volume per request. The effort required for a request per site is exclusively determined by the ALEPH IT management. For work outside of the scope of the ALEPH IT 60-minute development agreement, ALEPH IT management may provide alternative solutions to the Client.

2.24 WordPress Managed Service requests should fall within the following categories and should be small in nature:

A. UI troubleshooting (HTML, CSS, JavaScript)

B. Styling elements with CSS

C. Content population & image manipulation

D. Creation of basic graphics (e.g. buttons, banners, etc.)

E. WordPress consulting (advice and support)

F. Optimization of CSS, JavaScript and Images

G. Theme/plugin audits

H. Plugin installation and implementation

2.25 WordPress Managed Service requests which will not meet ALEPH IT management approval for support or be covered in the service agreement:

A. Website redesign

B. Landing page design

C. Custom plugin development

D. Custom theme development

E. Search Engine Optimisation and Digital Marketing Services

F. Any fix deemed by ALEPH IT management to exceed 60 minutes in work volume or effort.

2.26 All requests are subject to approval by ALEPH IT management or by its assigned agent.

3. Search Engine Optimisation and Pay Per Click Services

3.1 The Client acknowledges that ALEPH IT makes no warrant that search engine optimisation or pay per click will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose

3.2 The Client acknowledges and agrees that:

A. If work is delayed through no fault of ALEPH IT, no refund or competition will be offered.

B. The Client shall provide the correct access (ftp / cPanel / CMS and other relevant to the website) logins to the website or communicate around these details within one week of agreeing to these Terms of Service.

C. ALEPH IT guarantees to rank at least 10% of key phrases on page 1 of Google (pages from Australia) within 180 days, 30% in 365 days and 60% in 730 days (from initial onsite implementation). In the event that a “milestone” is not met, ALEPH IT agrees to continue provide the Services for free of charge until the milestone is met.

3.3 The guarantee above does not apply in the following circumstances:

A. If changes are made to the Website by other parties that adversely affect the search engine rankings of the Website (as determined by ALEPH IT); or

B. The Website is offline due to a reason not caused by ALEPH IT.

C. If ALEPH IT is delayed in receiving necessary details or information from Clients.

D. If ALEPH IT is delayed in responses from third party key vendors such as Google, Bing, Facebook etc.

E. If the client changes Keyword phrases during the milestone periods.

F. If the client makes changes against ALEPH IT advice on website content or layouts.

G. If ALEPH IT is not in control of all aspects of the website and SEO campaign, for example Social Media, production of articles and content, web site hosting and development changes, etc.

3.4 ALEPH IT Pay Per Click services will incur a onetime setup fee of $300 excl. GST per provider. Example should the Client be requiring Google AdWords and Bing Ads then the one-time setup fee of $300 excl. GST per platform will be applicable. In general, most Client’s only utilise and prefer just Google AdWords.

3.5 ALEPH IT Search Engine Optimisation and Pay Per Click services are provided under a 12-month agreement unless otherwise stated in writing. In the event the Client cancels the agreement during the contract term, the remainder of the agreement is payable in full.

3.6 All enquiries in relation to Search Engine Optimisation services for existing Client’s must be via email to [email protected] Our team will respond within 1 Business Day.

3.7 All enquiries in relation to Pay Per Click services for existing Client’s must be via email to [email protected] Our team will respond within 1 Business Day.

3.8 Cancellation of any Search Engine Optimisation and Pay Per Click Services must be submitted in writing via email to [email protected] with a minimum of 30 days notice. Any notice period of less then 30 days will attract the full next month fee.

4. Fees and Payments

4.1 Electronic acceptance of any proposal or quotation would be recorded and deemed assigned acceptance of the proposal.

4.2 The estimates provided in proposals are based on the requirements specified in the document. Any change in the requirements or delays in communication will have a direct impact on the cost of the Project, which will be calculated and invoiced by ALEPH IT onto the Client.

4.3 On the agreed milestones the Client will be invoiced for the agreed fees as detailed in the Proposal. Settlement of the fees will be required.

4.4 ALEPH IT sends all invoices via electronic mail only and all invoices are due within 1 week on presentation. The Project will be deemed to have been cancelled by the Client if any invoice is due for more than 14 days after presentation to the Client.

4.5 ALEPH IT payment terms are strictly EFT (Electronic Funds Transfer) to ALEPH IT Pty Ltd National Australia Bank Account (Details are provided at the bottom of every invoice).

4.6 All payment terms are strictly to be paid within one full and final payment within 7 days of invoice being issued. Excluding any case where a deposit only has been requested by ALEPH IT. In such cases the full amount of the deposit required shall be paid within 7 days.

4.7 Credit Card and other online payment systems will only be accepted with prior agreement by ALEPH IT. Credit Card / Non EFT payments will incur a 0.30c + 1.75% surcharge for all transactions.

4.8 In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

4.9 Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.

4.10 ALEPH IT reserves the right to change its fees and fee structures upon providing 30 days written notice for all or any of its services.

5. Employee Engagement

5.1 The Client will not initiate any direct contact or communication with employees or ex-employees of ALEPH IT during or after the completion of a Project or work completed for any purpose not directly related with the Project or work completed, without prior written consent from ALEPH IT.

5.2 The Client will not offer any employment or similar offer to any of the employees of ALEPH IT or consultants or associates of ALEPH IT during or after completion of any Project or work completed.

6. Termination of Services

6.1 A valid cancellation will take place if the same is communicated in writing and is mutually agreed upon; or if full and final payment has been received by ALEPH IT with respect to the Project. In the absence of a valid cancellation or reversal of payment/refunds, the intellectual property rights to the Project would rest with ALEPH IT.

6.2 A Project will be deemed to have been cancelled by the Client if, during the course of the Project, no communication is received by ALEPH IT for seven consecutive days. This pertains to messages (electronic mail) or communication sent by ALEPH IT requiring Client feedback or inputs. The Client agrees that not sending a response to queries for seven consecutive days will affect the course of the Project, costing ALEPH IT for this idle time of its personnel and resources. Full payment with respect to the Project will thus be due immediately without recourse to the Client for any remedies or to any further work by ALEPH IT.

6.4 Any payments made against invoices/milestones achieved are non-refundable.

6.5 In the case any invoice made to a Client is overdue for more than 7 days, ALEPH IT reserves the right to stop work without any further communication.

6.6 Neither Party shall be liable for any failure to perform its obligations where such failure is as a result of Force majeure conditions.

6.7 Neither Party shall make any disparaging, negative, critical or otherwise detrimental comment(s) about the other party at any time and on any platform, either during or after the completion of Services or Projects.

7. Liability

7.1 The use of the ALEPH IT Services is at the Client’s own risk

7.2 To the fullest extent permissible by law, ALEPH IT shall not be liable to the Client for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use facilities or equipment), or any other damages arising whether arising from negligence of ALEPH IT or otherwise

7.3 Where liability cannot be legally excluded, the liability of ALEPH IT shall be limited to the cost of supplying the service again

7.4 The Client agrees to indemnify ALEPH IT for any third-party claim for damages arising out of or in any way connected with the supply of services by ALEPH IT, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities and equipment), or any other damages arising whether arising from the negligence of ALEPH IT or otherwise

7.5 The Client expressly agrees to indemnify and hold harmless ALEPH IT, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without reasonable solicitor’s fees and disbursements and court costs) arising from or in connection with Client’s information, the Client’s use of ALEPH IT Services.

7.6 ALEPH IT will not be responsible for any deficiency in the services that is due to incorrect or inaccurate information or materials supplied by the Client, or Client’s failure to provide all the information and materials required.

7.7 ALEPH IT will not be liable for any, indirect, special, economic or consequential loss or damage arising out of or relating to this agreement including without limitation, third party claims, lost revenue, loss of business profits, business interruption, loss of business information, data, good will, bargain, opportunities or other pecuniary loss, loss of anticipated savings incurred or suffered, whether caused by breach, negligence, employee or agent, or otherwise and whether ALEPH IT was aware or should have been aware of the possibility of such loss or damage. This clause prevails over any other clause in this agreement.

7.8 ALEPH IT reserves the right at its sole discretion to modify or replace the Terms at any time. If the alterations constitute a material change to the terms, ALEPH IT will notify you by posting an announcement on our Website or via Email. What constitutes a material change will be determined at ALEPH IT’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.