1.1 Thank you for using our website located at www.tasktent.com (“Site”). This Site is owned and operated by TaskTent Pty Ltd (ACN 623 634 337) (“TaskTent”) and the terms and conditions (“Terms”) on this page govern your use of the Site and our services.
1.2 TaskTent delivers various digital services including website and social media strategy services, user experience services, website design and maintenance services, web analytics, marketing services, technical advisory services, copywriting and bespoke services (“Services”).
1.3 We deliver our Services by way of standard subscription services (“Subscription Services”) or when you order bespoke services (“Bespoke Services”) from us.
1.4 You can obtain access to our Subscription Services according to the level of subscription type you select (“Subscription Pack Services”) and by entering into an Online Subscription Agreement with us.
Online Subscription Agreement. Here is where you can find out about the terms for our Subscription Services.
A subscription to our Subscription Pack Services will entitle you to for the deliverables () you select under the relevant Subscription Pack Services.
1.5 You may purchase our Bespoke Services by entering into a separate Statement of Work Agreement. Please contact us here if you are seeking Bespoke Services.
1.6 Please read these Terms carefully. By subscribing to our Subscription Pack Services by clicking the Accept and Sign Up check box, you agree to be bound by these Terms and our Online Subscription Agreement.
1.7 These Terms are not a substitute for and apply in addition to our Online Subscription Agreement and our Statement of Work Agreement.
1.8 By purchasing our Subscription Pack Services and entering into an Online Subscription Agreement or entering into a Statement of Work Agreement, a contract will be formed between you and us for the supply of our Services.
1.9 The information provided on this Site with unrestricted access is for public information and research purposes only (“Research and Information”). TaskTent make no representations or warranty to Site visitors of any kind about the Research and Information provided on this Site to the extent permitted by law.
1.10 These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.
2. ACCESS TO SERVICES
2.1 You must enter into an Online Subscription Agreement and/or a Statement of Work Agreement to access our Services.
2.2 We offer various types of subscriptions which are advertised on the Site from time to time with a description of the Deliverables under each type of subscription. The Deliverables in your subscription level will be specified in your subscription order (“Subscription Order”). A Subscription Order means that you are subscribing to receive the Subscription Pack Services on an ongoing basis for a minimum term.
2.3 By placing a Subscription Order through our Site, you warrant that you are legally capable of entering into contracts, are at least 18 years old and if you are using our Services on behalf of another person or legal entity (e.g. as an employee) that you are authorised to access our Site and that all relevant consents have been obtained to use our Services.
2.4 You will be required to provide the following details when purchasing a Subscription Order:
Name (personal or business or company);
a valid email address; and
any other requested information.
2.5 You agree that any information you submit to TaskTent will be accurate and that you will keep it current. You agree that we may send you information and notices regarding the Services by email, text messaging or other means based on the information that you provide to TaskTent.
2.6 You must ensure that all usernames and passwords required to access our Services is kept secure and confidential. You must immediately notify TaskTent of any unauthorised use of your passwords or any other breach of security.
2.8 All Services are performed remotely unless you and we otherwise agree.
2.9 TaskTent reserves the right to deny anyone access to our Services at any time for breach of these Terms.
3.1 Each container of Deliverables for a level of Subscription Pack Services is advertised on our Site for the list of Deliverables that you may access and the term and periodic fee applicable to that subscription.
3.2 You may subscribe to these Subscription Pack Services by placing a Subscription Order for a fixed term of not less than six (6) months (“Subscription Period”) in consideration of the applicable monthly fee advertised on our Site from time to time (“Subscription Fees”). The Subscription Fees will remain fixed during the Subscription Period.
3.3 Subscription Fees are payable in advance by direct debit payment only with payment due on the last day of each calendar month during the Subscription Period where TaskTent will invoice you at least fourteen (14) days in advance of payment. Your first payment will be scheduled for direct debited from your bank account when you purchase your subscription.
3.4 You may also approach us for bespoke or unique services that are not comprised in our Subscription Pack Services to evaluate the feasibility of the work and negotiate a Statement of Work Agreement. Fees for these Services are in addition to the Subscription Fees under the Online Subscription Agreement.
3.5 Your account will be in default if payment does not clear by the due date for payment. If there are payment failures due to insufficient funds, incorrect or outdated payment information, we reserve our right to:
(a) recover payment and deny you access to our Services;
(b) charge interest at the rate set out in the Online Subscription Agreement or Statement of Work Agreement as applicable.
3.6 All payments for our Services are in Australian Dollars (AUD). TaskTent will be entitled to add on GST for the supply of its Services.
3.7 You agree that TaskTent may electronically store your subscription details and payment information to process payment of our Services unless you contact us to remove your payment information.
3.8 You consent to us obtaining from a credit reporting agency a credit report containing personal credit information as well as information concerning commercial creditworthiness and activities for purpose of assessment by TaskTent for the collection of payments.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your Subscription Order. This does not mean that a Subscription Order has been accepted.
4.2 An Order will be accepted on the completion between you and us of an Online Subscription Agreement for Subscription Pack Services.
4.3 We reserve the right to accept or reject a Subscription Order for any reason including if the requested services are not available or there is an error in the price or services description posted on the Site or in a Subscription Order.
4.4 If we reject a Subscription Order, we will notify you at the time you place an Order or within seven (7) calendar days after you submit a Subscription Order and process a full refund within ten (10) calendar days if any payment has been made.
4.5 When we enter into a Statement of Work Agreement with you, you are agreeing to pay the fee negotiated between us for the supply of bespoke and unique services.
4.6 You will be responsible for any work orders agreed in consultation with TaskTent for payments to third parties that we make on your behalf, for example, the purchase of a domain name or Google Adwords.
5. REFUND POLICY
5.1 TaskTent processes refunds in accordance with the Australian Consumer Law. Except as required by law, any fees paid by you are final and non-refundable.
5.2 You may reject the Services if you consider that the Services are defective or fail to comply with the statutory guarantees under the Australian Consumer Law. Refunds are not available for buyer’s remorse.
5.3 You must inform TaskTent of any issues by written notice within thirty (30) calendar days of the delivery of the Services or any part of the Services.
5.4 The following process will apply:
(a) TaskTent will investigate the complaint and agree with you the process (Rectification Process) required to complete the supply and delivery of the Services to a satisfactory standard.
(b) If the Services are found to be defective (Rejected Services), TaskTent at its option may elect to:
(i) to supply the Services again, or
(ii) to replace the Services or the supply of equivalent Services, or
(iii) to correct the Services or the payment of having the Services corrected, or
(iv) to pay the cost of replacing the Services or of acquiring equivalent Services.
5.5 TaskTent will only facilitate a refund in accordance with the Australian Consumer Law, or, if TaskTent determines, in its absolute discretion, it is reasonable to do so.
6. INTELLECTUAL PROPERTY
6.1 In these Terms:
“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
“Works” means any material made available on the Site and included our Services, including (without limitation) written texts,
documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.
6.2 You acknowledge that ownership of the Intellectual Property Rights relating to the Site or our Services is the property of, licensed by or vest on creation in TaskTent.
6.3 The Works on the Site or generated by or related to any of our Services (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.
6.4 The Site or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent. You shall take due care to protect the Intellectual Property Rights licensed via our Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.
6.5 All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
6.6 Unless otherwise stated, TaskTent retain all rights, title and interest in and to the Copyright Material on the Site and delivered under our Services. Nothing you do on or in relation to the Site or our Services will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
right to use or exploit a business name, trading name, domain name, trade mark or industrial design
thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
any proprietary rights to our database, know-how or technology.
6.7 “TaskTent” and all associated trade marks on the Site are our trade marks or any related entities. You must not use our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours; or
in a manner which may be confusing, misleading or deceptive.
6.8 The obligations accepted by Site users and you under this clause survive termination or expiry of these Terms.
7.1 In these Terms:
"Data" means all data, works and materials (including without limitation text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us for or related to the supply of the Services.
7.2 You own all right, title and interest in your Data. For the purpose of supplying you with our Services, you grant to us, or to any third parties used by us to provide the Services, a non-exclusive, worldwide, perpetual, irrevocable and royalty free licence to use, copy, display, perform, distribute, disseminate, transmit, translate, edit, cache and create derivative works of your Data.
7.3 TaskTent grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Site to interact with and use our Services solely in connection with your rights under these Terms.
7.4 These Terms do not constitute a sale or transfer of any of our Copyright Material and you must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or participate in social networking on the Internet.
7.5 This Licence may be terminated at any time in our sole discretion if you use the Site or the Services except as permitted by these Terms.
8. OTHER LIMITATIONS ON USE
8.1 Without limiting any other provision of the Terms, you agree not to do any of the following:
distribute, sell, publish, enable or allow access to your account except directly to access your Services;
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or the Services or our Copyright Material or any part of it;
use the Services in any way prohibited by law, regulation, governmental order or decree;
introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of Data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or
remove, disable, modify, add to or tamper with any program code or Data, copyright, trade mark or other proprietary notices contained on the Site or in the Services.
9.1 The Terms will continue to apply until terminated by either you or by us as set out below.
9.2 TaskTent may terminate these Terms without notice to you if:
you have breached any provision of the Terms; or
TaskTent believe you are making unauthorised or improper use of the Services
9.3 TaskTent reserve the right to discontinue your account at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Services without notice if your conduct impacts our name or reputation or violates the rights of any other Site user or third party.
9.4 You must contact us and request in writing that you want to terminate your subscription. The early termination of your subscription is not a ground for a refund. You will be billed for the full term of your subscription and have access to the Subscription Pack Services if you terminate your subscription prior to the end of your contract. We do not provide refunds if you decide to stop using the subscription during your Subscription Period.
9.5 If you have not logged into your account within a six (6) month period and the status of your account is dormant, TaskTent reserve the right to unilaterally terminate your account.
10. WARRANTIES AND REPRESENTATIONS
10.1 TaskTent warrants that the Services will be supplied to you in accordance with the applicable Deliverables. This warranty does not cover any modifications that you make to your website or our Services.
10.2 No warranty of any kind whether express or implied is made in relation to the accuracy of the content on this Site.
10.3 TaskTent does not warrant the products or services of any Third-Party Providers that you access using the Services (for example, Workspace, website hosting, advertising services, Data security, website uptime).
10.4 TaskTent does not warrant that the Services will be performed error-free, uninterrupted or free of bugs or viruses. We will make reasonable efforts to provide access to the Site at all reasonable times but cannot guarantee that such access will be interrupted as a result of technical or other unforeseen issues.
10.5 Search Engine Optimisation services (“SEO”) are provided “as is” and specific results cannot be guaranteed.
10.6 It is your sole responsibility to determine that the Services or any part of these meet the needs of your business or are otherwise suitable for the purpose for which they are purchased.
10.7 TaskTent excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law.
10.8 You represent and warrant to us that:
(a) you are legally permitted to use and access the Services and take full responsibility for your selection and use of and access to the Services;
(b) you are solely responsible for the accuracy of the Data that you submit in relation to your orders for the Subscription Pack Services. You agree that TaskTent does not control, verify, or endorse your Data;
(c) you are solely responsible for creating backups of your Data;
(d) in relation to your Data that you own it or are licensed to use the Intellectual Property Rights and that the use of the Data will not result in the infringement of proprietary rights of third parties; and
(e) your Data is not in contravention of legislation, any advertising or marketing laws or any other third-party rights.
10.9 This clause survives the termination or expiry of these Terms for whatever reason.
11. LIMITATION OF LIABILITY
11.1 To the extent permissible at law, TaskTent is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of Data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms. Except as provided in these Terms, TaskTent exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Services.
11.2 Our Services are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Services or any part of these meet your needs or are otherwise suitable for the purposes for which they are used.
11.3 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible TaskTent limits our liability as follows, at our option:
for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
This limitation applies to any supply under or related to these Terms including the supply of the Services and covers loss of Data, any viruses or other disabling features that affect your access to or use of our Services, incompatibility between our Services and your hardware or software, delays or failures you may have in using the Services including any connections or transmissions that fail or are not completed in an accurate or timely manner.
11.4 This clause survives the termination or expiry of this Agreement for whatever reason.
12.1 You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to and use our Services and use of the Site and our Copyright Material
any breach of these Terms or of the terms of a Third-Party Provider.
12.2 TaskTent reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
13.1 If a dispute arises out of or relates to the Terms as between us and you, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
Compulsory process. A party may not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
Notification. A party claiming that a Dispute has arisen may notify each other party to the Dispute giving details of the Dispute.
Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(i) a mediator agreed on by the Disputants; or
(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
Data. Any information or documents disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
Costs of mediation. Each Disputant shall pay its own costs. The Disputants may pay equally the costs of any mediator engaged.
The mediation will be held in Melbourne, Australia.
Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the Dispute within thirty (30) calendar days after commencement of dispute resolution.
14.1 In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Statement which is made a part of these Terms.
15. ADVERTISING AND LINKS
15.1 The Site may contain links and other pointers to other websites or applications operated by third parties. TaskTent do not control these linked websites and are not responsible for the contents of any linked application. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such advertisement or link is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
16. NO WAIVER
16.1 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
17.1 You agree that TaskTent may assign, transfer, sub-agreement or otherwise deal with our rights and/or obligations under these Terms.
17.2 You may not without our prior written consent assign, transfer, sub-agreement or otherwise deal with any of your rights and obligations under these Terms.
18. THIRD PARTY RIGHTS
18.1 An agreement under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
19. ENTIRE AGREEMENT
19.1 Unless otherwise stated, these Terms and the relevant Agreement (s) shall constitute the entire agreement you and us in relation to your use of the Site and our Services.
20.1 If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
21. LAW AND JURISDICTION
21.1 The Terms and information on this Site are governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.
21.2 If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
22. FORCE MAJEURE
22.1 Notwithstanding any other provision of these Terms, TaskTent need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or law taking effect after the date of these Terms). You agree that TaskTent have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.
23. FEEDBACK AND AUTHORISATIONS
23.1 Your feedback is important to us and our Community. TaskTent welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Subscription Pack Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org.
23.2 You authorise us to use your material created or generated under the Services to promote and market our business by consenting to us displaying your material and your client name as follows:
On our portfolio list;
on our Site, our partner websites and in media releases;
by making representations of the work produced by the Services in any media publicity for news, review and on social media
23.3 You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, publish, display, create derivative works based upon and otherwise use the Feedback and Authorisations for any purpose, including (but not limited to) media publicity and advertising, promotional and review purposes.
24. HOW TO CONTACT US
24.1 This Site is owned and operated by TaskTent Pty Ltd (ACN 623 634 337).
24.2 Our principal place of business is at 2 / 137 Melville Road, Brunswick West, Australia.
24.3 You can contact us by:
by email using the following email address: email@example.com
using our online Contact Us form
online chat with a consultant through TaskTent webchat widget at: www.tasktent.com
booking an appointment with a consultant at: https://www.tasktent.com/book-appointment
ALL RIGHTS RESERVED.
Terms last updated 31/12/2018