Websites, SEO, Custom Development and Mobile Apps

1.1 – “Generation Digital” or “Generation Digital PTY LTD” shall mean Generation Digital PTY LTD its successors and assigns or any person acting on behalf of and with the authority of Generation Digital PTY LTD.

1.2 – “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Generation Digital PTY LTD to the Client.

1.3 – “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 – “Goods” shall mean Goods supplied by the Generation Digital PTY LTD to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Generation Digital PTY LTD to the Client.

1.5 – “Services” shall mean all Services supplied by Generation Digital PTY LTD to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 – “Price” shall mean the price payable for the Goods as agreed between Generation Digital PTY LTD and the Client in accordance with clause 3 of this contract.

  1. Acceptance

2.1- Any instructions received by Generation Digital PTY LTD from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Generation Digital PTY LTD shall constitute acceptance of the terms and conditions contained herein.

2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Generation Digital PTY LTD.

2.4 – The Client shall give Generation Digital PTY LTD not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Generation Digital PTY LTD as a result of the Client’s failure to comply with this clause.

  1. Price And Payment

3.1 – At Generation Digital PTY LTD sole discretion the Price shall be either:

(a) as indicated on invoices provided by Generation Digital PTY LTD to the Client in respect of Goods supplied; or

(b) Generation Digital PTY LTD’s quoted Price (subject to clause 3.2) which shall be binding for thirty (30) days.

3.2 – Generation Digital PTY LTD reserves the right to change the Price in the event of a variation to Generation Digital PTY LTD’s quotation.

3.3 – At Generation Digital PTY LTD’s sole discretion a 50% non refundable deposit may be required.

3.4 – At Generation Digital PTY LTD’s sole discretion:

(a) payment shall be due prior to delivery of the Goods; or

(b) payment for approved Clients shall be made by instalments in accordance with Generation Digital PTY LTD’s payment schedule.

3.5 – Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

3.6 – Payment will be made by cash, credit card, paypal, by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and Generation Digital PTY LTD.

3.7- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

  1. Delivery Of Goods

4.1 – At Generation Digital PTY LTD’s sole discretion delivery of the Goods shall take place when:

(a) the Client takes possession of the Goods at Generation Digital PTY LTD’s address; or

(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Generation Digital PTY LTD’s nominated carrier).

(c) the Client provides full and complete payment.

4.2- At Generation Digital PTY LTD’s sole discretion the costs of delivery are:

(a) in addition to the Price; or

(b) for the Client’s account.

4.3 – The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then  Generation Digital PTY LTD’s shall be entitled to charge a reasonable fee for redelivery.

4.4 – Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

4.5 – The failure of Generation Digital PTY LTD to deliver shall not entitle either party to treat this contract as repudiated.

4.6 – Generation Digital PTY LTD shall not be liable for any loss or damage whatever due to failure by Generation Digital PTY LTD to deliver the Goods (or any of them) promptly or at all.

  1. Content Of Web Pages And Undertakings

5.1 – The Client is solely responsible for the content of the web page. Generation Digital PTY LTD is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors will be the sole responsibility of the client.

5.2 – Generation Digital PTY LTD makes no representations to the Client on the functionality or content of the Web site.

5.3 – The Client is solely responsible for dealings with persons accessing the data or webpage and the Client warrants that they will not refer complaints or inquiries to such data to Generation Digital PTY LTD.

  1. Web Hosting

6.1- If the Client selects to organise their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied on disc as per the quoted price. Construction files of the site can supplied on request and at Generation Digital PTY LTD’s sole discretion may incur a fee.

6.2- Generation Digital PTY LTD accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.

  1. Risk

7.1- If Generation Digital PTY LTD retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

  1. Title

8.1 – Generation Digital PTY LTD and Client agree that ownership and intellectual property of the Goods shall not pass until:

(a) the Client has paid Generation Digital PTY LTD all amounts owing for the particular Goods; and

(b) the Client has met all other obligations due by the Client to Generation Digital PTY LTD in respect of all contracts between Generation Digital PTY LTD and the Client.

8.2 – Receipt by Generation Digital PTY LTD of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Generation Digital PTY LTD’s ownership or rights in respect of the Goods shall continue.

8.3 – It is further agreed that:

(a) where practicable the Goods shall be kept separate and identifiable until Generation Digital PTY LTD shall have received payment and all other obligations of the Client are met; and

(b) until such time as ownership of the Goods shall pass from Generation Digital PTY LTD to the Client Generation Digital PTY LTD may give notice in writing to the Client to return the Goods or any of them to Generation Digital PTY LTD. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

(c) Generation Digital PTY LTD shall have the right of stopping the Goods in transit whether or not delivery has been made; and

(d) if the Client fails to return the Goods to Generation Digital PTY LTD then Generation Digital PTY LTD or Generation Digital PTY LTD’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and

(e) the Client is only a bailee of the Goods and until such time as Generation Digital PTY LTD has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for Generation Digital PTY LTD; and

(f) the Client shall not deal with the money of Generation Digital PTY LTD in any way which may be adverse to Generation Digital PTY LTD; and

(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Generation Digital PTY LTD; and

(h) Generation Digital PTY LTD can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Generation Digital PTY LTD will be the owner of the end products.

  1. Client’s Disclaimer

9.1- The Client hereby disclaims any right to rescind, or cancel any contract with Generation Digital PTY LTD or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Generation Digital PTY LTD and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.

  1. Defects

10.1- The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Generation Digital PTY LTD of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Generation Digital PTY LTD an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Generation Digital PTY LTD has agreed in writing that the Client is entitled to reject, Generation Digital PTY LTD’s liability is limited to either (at Generation Digital PTY LTD’s discretion) replacing the Goods or repairing the Goods. Where the Client is a consumer as defined in the Trade Practices Act 1974 or the Fair Trading Acts, then the Client shall be entitled to either a refund, repair or replacement of the Goods.

10.2- Goods will not be accepted for return other than in accordance with 10.1 above.

  1. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)

11.1- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

  1. Warranty

12.1- Subject to the conditions of warranty set out in clause

12.2 Generation Digital PTY LTD warrants that if any defect in any workmanship of the web site provided by Generation Digital PTY LTD becomes apparent and is reported to Generation Digital PTY LTD within one (1) months of the date of delivery (time being of the essence) then Generation Digital PTY LTD will either (at Generation Digital PTY LTD’s sole discretion) replace or remedy the workmanship.

12.2- The conditions applicable to the warranty given by clause are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Client to properly maintain any Goods; or

(i) failure on the part of the Client to properly maintain (ii) failure on the part of the Client to follow any instructions or guidelines provided by Generation Digital PTY LTD; or

(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or

(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) fair wear and tear, any accident or act of God.

(b) the warranty shall cease and Generation Digital PTY LTD shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Generation Digital PTY LTD’s consent.

(c) in respect of all claims Generation Digital PTY LTD shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.

  1. Intellectual Property

13.1 – Where photos are purchased by Generation Digital PTY LTD from a third party for the use for either print or web it is the responsibility of the client to alert Generation Digital PTY LTD when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. Generation Digital PTY LTD takes no responsibility for renewal of these images once they have expired.

13.2 – The Client warrants that all designs or instructions to Generation Digital PTY LTD will not cause Generation Digital PTY LTD to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Generation Digital PTY LTD against any action taken by a third party against Generation Digital PTY LTD in respect of any such infringement.

  1. Default & Consequences of Default

14.1 – Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.

14.2- If the Client defaults in payment of any invoice when due, the Client shall indemnify Generation Digital PTY LTD from and against all costs and disbursements incurred by Generation Digital PTY LTD in pursuing the debt including legal costs on a solicitor and own client basis and Generation Digital PTY LTD’s collection agency costs.

14.3 – Without prejudice to any other remedies Generation Digital PTY LTD may have, if at any time the Client is in breach of any obligation (including those relating to payment), Generation Digital PTY LTD may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Generation Digital PTY LTD will not be liable to the Client for any loss or damage the Client suffers because Generation Digital PTY LTD has exercised its rights under this clause.

14.4 – If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

14.5 – Without prejudice to Generation Digital PTY LTD’s other remedies at law Generation Digital PTY LTD shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Generation Digital PTY LTD shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to Generation Digital PTY LTD becomes overdue, or in Generation Digital PTY LTD’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

14.6 – Generation Digital PTY LTD Designs retains the right to add a link on any website it designs and builds with its wording at Generation Digital PTY LTD’s discretion with the link back to the Generation Digital PTY LTD home page.

  1. Security And Charge

15.1 – Despite anything to the contrary contained herein or any other rights which Generation Digital PTY LTD may have howsoever:

(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Generation Digital PTY LTD or Generation Digital PTY LTD’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Generation Digital PTY LTD (or Generation Digital PTY LTD’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should Generation Digital PTY LTD elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Generation Digital PTY LTD from and against all Generation Digital PTY LTD’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Generation Digital PTY LTD or Generation Digital PTY LTD’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

  1. Suspension Of Services

16.1 – Generation Digital PTY LTD reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.

  1. Cancellation

17.1 – Generation Digital PTY LTD may discontinue services if an amount payable to Generation Digital PTY LTD is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, Generation Digital PTY LTD will not refund (in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by Generation Digital PTY LTD. Generation Digital PTY LTD reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. Generation Digital PTY LTD shall not be liable for any loss or damage whatever arising from such cancellation.

17.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Generation Digital PTY LTD (including, but not limited to, any loss of profits) up to the time of cancellation.

  1. Privacy Act 1988

18.1 – The Client and/or the Guarantor/s agree for Generation Digital PTY LTD to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by Generation Digital PTY LTD.

18.2 – The Client and/or the Guarantor/s agree that Generation Digital PTY LTD may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the credit worthiness of Client and/or Guarantor/s.

18.3 – The Client consents to Generation Digital PTY LTD being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

18.4 – The Client agrees that personal credit information provided may be used and retained by Generation Digital PTY LTD for the following purposes and for other purposes as shall be agreed between the Client and Generation Digital PTY LTD or required by law from time to time:

(a) provision of Goods; and/or

(b) marketing of Goods by Generation Digital PTY LTD, its agents or distributors in relation to the Goods; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

18.5 – Generation Digital PTY LTD may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client; and/or

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

  1. General

19.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.2 – These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

19.3 – Generation Digital PTY LTD shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Generation Digital PTY LTD of these terms and conditions.

19.4 – In the event of any breach of this contract by Generation Digital PTY LTD the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

19.5 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Generation Digital PTY LTD.

19.6 – Generation Digital PTY LTD may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

19.7 – Generation Digital PTY LTD reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Generation Digital PTY LTD notifies the Client of such change.

19.8 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

19.9 – The failure by Generation Digital PTY LTD to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Generation Digital PTY LTD’s right to subsequently enforce that provision.

19.10 – All prices quoted are valid for 30 days only from the date of written quotation.

19.11 – If Generation Digital PTY LTD does not receive your design brief within a 1 month period from the date of your order and deposit, your account will be suspended. Reopening your account will incur a $500 + GST administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.

19.12 – During the design + development phase of your project, if you do not sign off your design within a 1 month period, Generation Digital PTY LTD reserves the right to suspend your account. Reopening your account will incur a $500 + GST administration fee.

19.13 – If the client has made no contact with Generation Digital PTY LTD office for a period of more than 1 month after the project and or any design work has commenced, Generation Digital PTY LTD reserves the right to reqoute the entire project.

19.14 – If any project exceeds a period of more than 6 months, Generation Digital PTY LTD reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.

  1. The use of Generation Digital PTY LTD for a SEO service is at the Customer’s own risk.

The Customer acknowledges that Generation Digital PTY LTD makes no warranty that a search engine optimisation will lead to or improve any increase in sales, profits or any other form of improvement for the Customer’s business or any other purpose

To the fullest extent permissible by law, Generation Digital PTY LTD shall not be liable to the Customer 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 of facilities or equipment), or any other damages arising whether arising from the negligence of Generation Digital PTY LTD or otherwise

Where liability cannot be legally excluded, the liability of Generation Digital PTY LTD shall be limited to the cost of supplying the service again

The Customer agrees to indemnify Generation Digital PTY LTD for any third party claim for damages arising out of or in any way connected with the supply of services to the Customer, 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 or equipment), or any other damages arising whether arising from the negligence of Generation Digital PTY LTD or otherwise

The Customer expressly agree to indemnify and hold harmless Generation Digital PTY LTD, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys fees and disbursements and court costs) arising from or in connection with the Customer’s information, the Customer’s use of Generation Digital PTY LTD search engine optimisation services.

Generation Digital PTY LTD does not refund any money received from clients for any past SEO work that they have been asked to carry out. All monies received by Generation Digital PTY LTD for any SEO work will not be refunded at any stage even if the client cancels the SEO service.

  1. Client Responsibilities and Obligations:

You must follow all instructions provided by Generation Digital PTY LTD and provide to Generation Digital PTY LTD, in a timely manner, all information and materials requested by Generation Digital PTY LTD.

All content must be provided in the format specified by Generation Digital PTY LTD.  Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.

Generation Digital PTY LTD will request feedback and changes at certain stages of undertaking the process of designing and developing your website.  These changes and amends must be sent to Generation Digital PTY LTD in only one email.  Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.

As soon as your website is uploaded and made live online or handed over to you, any further work or changes will result in you incurring additional costs.

  1. Project Timelines:

Generation Digital PTY LTD will provide you with an estimate that your site can be designed and built.

This time frame is an estimate only.

You must make every effort to follow the instructions provided by Generation Digital PTY LTD and provide the required information to Generation Digital PTY LTD in order to facilitate delivery times and correct specifications.

Delays in providing the required information to Generation Digital PTY LTD may result in delays in product delivery and also may result in you incurring additional charges for administration time.

Generation Digital PTY LTD will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

If you require Generation Digital PTY LTD to make changes to your web site after your site is handed over to you, you will be required to pay for this work at the hourly rate.  All work must be paid for upfront and will be quoted for on request.

  1. Content + Design Restrictions

Generation Digital PTY LTD include a “fair” and “reasonable” set number of rounds of changes (3 rounds) during its website design + development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. Unless agreed to at the beginning of the project

Please ensure that you limit your changes to comply with the agreed specifications.  Failure to do this may result in you incurring additional costs.

Generation Digital PTY LTD may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link.  Generation Digital PTY LTD reserves the right to change any such links from time to time. If you do not want the back-link on your website we will negotiate a fee for the removal of the links.

All prices quoted are valid for 30 days only from the date of written quotation.

  1. Suspension of Services:

Generation Digital PTY LTD reserves the right to suspend/cancel any or all services provided to you, if:–

You have any outstanding invoices or accounts;

Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;

You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Generation Digital PTY LTD.

If you have not paid for the hosting of your website (which Generation Digital PTY LTD has paid for on your behalf) Generation Digital PTY LTD reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, Generation Digital PTY LTD can reinstall the website at a cost of $195 + GST providing the client has a backup of the website.

  1. Refund Policy on Goods

Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or programmers from Generation Digital PTY LTD, the commencement of wireframes/prototypes by Generation Digital PTY LTD for your project, the commencement of design concepts by Generation Digital PTY LTD for your project and other work undertaken by Generation Digital PTY LTD in relation to your project.

  1. Website Browser Compatibility:

Generation Digital PTY LTD will make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the main browsers Google Chrome, Safari, Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems. If you require the website to comply with other browsers this may not be possible.

  1. Viewing of Websites

Unless otherwise specified your website has been designed to be viewed on a desk top – if you require your website to be iphone, ipad, tablet or android compatible, this will need to be quoted for separately by Generation Digital PTY LTD.

  1. Viewing and Functionality of Mobile Applications

Unless otherwise specified, mobile phone applications are designed to be viewed and function on the latest version of the operating systems specified in the project scope. If you require your mobile device application/s to function in older operating systems, this will need to be quoted for separately by Generation Digital PTY LTD.

 

Web Hosting

Generation Digital PTY LTD provides web hosting and digital products to clients worldwide, and we have a responsibility to protect each client. All clients of Generation Digital PTY LTD are subject to the following terms of service:

Indemnification Policy
You agree to use all Generation Digital PTY LTD services and facilities at your own risk. Generation Digital PTY LTD specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Generation Digital PTY LTD be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Generation Digital PTY LTD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Generation Digital PTY LTD, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Generation Digital PTY LTD against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Generation Digital PTY LTD’s server.

Generation Digital PTY LTD reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Generation Digital PTY LTD’s server. Generation Digital PTY LTD shall be the sole judge of what violates this Policy.

Web Hosting Billing:
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the web hosting plan. If you are not satisfied within your first 30 days (web hosting only) we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa and Master Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy:
All services provided by Generation Digital PTY LTD may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Generation Digital PTY LTD and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Generation Digital PTY LTD servers. This includes sites that include sexually explicit or hardcore images and/or advertising. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.

LIMITATION OF LIABILITY:
Generation Digital PTY LTD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Generation Digital PTY LTD servers going off-line or being unavailable for any reason whatsoever. Furthermore, Generation Digital PTY LTD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Generation Digital PTY LTD servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:
Generation Digital PTY LTD cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Generation Digital PTY LTD are resold. Thus, certain equipment, routing, software, and programming used by Generation Digital PTY LTD are not directly owned or written by Generation Digital PTY LTD. Moreover, Generation Digital PTY LTD holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Generation Digital PTY LTD sees fit. FURTHERMORE, Generation Digital PTY LTD retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.