This Agreement constitutes the entire Agreement between Digital Mimo and the Client in respect of the matters dealt with in this Agreement, and supersedes all prior agreements, understandings and negotiations in respect of the matters dealt with in the Agreement.
Notices under the Agreement may be delivered by hand, by mail, by email or by facsimile to the addresses specified in the Pricing Structure.
Notice will be deemed given :
(a) in the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party,
(b) in the case of posting, three days after despatch,
(c) in the case of email, immediately upon sending, provided that a copy of the email is retained as a “sent item” showing the transmission address and the date and time of transmission,
(d) in the case of facsimile, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission,
This Agreement will be governed by, construed, and take effect in accordance with the laws in force in Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in Queensland, Australia.
If a provision of the Agreement is found to be invalid, unenforceable, illegal, or contrary to public policy, the invalidity, unenforceability or illegality will nullify the effect of that provision only.
Such a provision will then be deemed to be deleted or modified to the extent necessary to enable the remainder of the provision to remain valid or enforceable, and it will not otherwise in any way nullify the effect of any other provision of the Agreement.
No right under the Agreement shall be deemed to be waived except by notice in writing signed by each Party.
A waiver made by either Party pursuant to this clause will not prejudice any rights in respect of any subsequent breach of the Agreement by either Party.
Subject to this clause, any failure by either Party to enforce any clause of the Agreement, or any forbearance, delay or indulgence granted by either Party, will not be construed as a waiver of the Party’s rights under the Agreement.
The provisions of the Agreement shall not be varied, except by agreement in writing signed by the Parties.
A variation shall not be effective unless the Parties agree in writing as to the effect of the variation, including the impact of the variation on the obligations of either Party under this Agreement.
Digital Mimo will supply all new website customers with a one-hour website content management system training session and a basic content management system user guide following the launch of the new website. Additional training may be purchased at $160.00+GST per hour.
SUPPORT AND MAINTENANCE
Digital Mimo offers a warranty period of three months for any coding bugs following the launch of all new website delivered by us. Please note, that because 3rd party plug-ins vary in quality, adding unapproved plug-ins to the website after it goes live will void the 3-month warranty.
While it is impossible to have a website render the same across all browsers and devices, we aim to develop all our sites so they are compatible across the majority of browsers*.
As standard we allow for compatibility testing and checks for the following browsers:
PC (Windows 7 and above) / Mac (OSX 10.6 and above)
IE 9 and above
Phones and Tablets (Latest version of browsers on Android and Apple)
* Note: Not all browsers are built equally, as such certain features and functions that may work in one browser may not be supported in others. Custom browser support may be possible and may be purchased at $160.00+GST per hour.
Digital Mimo makes no warranties regarding the likelihood of success of marketing or promotional activity undertaken pursuant to the Agreement.
This Agreement is to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, Digital Mimo limits its liability in respect of any claim to, at Digital Mimo’s option:
• the redelivery of the Services, or
• the payment of the cost of redelivery of the Services or acquiring equivalent services,
To the full extent permitted by law, Digital Mimo excludes all :
• liability for the infringement of the Intellectual Property rights of any third party arising from any of the material or content published during the performance of the Services,
• liability for misrepresentation or negligence arising from detrimental reliance on any of the material or content published in accordance with the performance of the Services. It is your responsibility to thoroughly check and gain independent expert advice on the suitability or correctness of the material to be published as part of the performance of the Services,
• liability in respect of loss of data, interruption of business or any consequential or incidental damages,
• all representations, warranties or terms (whether express or implied) other than those expressly set out in the Agreement,
Digital Mimo’s total aggregate liability for all claims relating to the Agreement is limited to the price for the Services payable under this Agreement.
Either party’s liability for any claim relating to the Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.