Terms and Conditions
1.Important Notices.
This notice provides important terms and conditions between Watticsoft Pty(Ltd) and you as our customer.
1.1.By agreeing to these terms and conditions, which becomes valid when you sign a quotation, you acknowledge and commit to the information contained in this contract to be a fact.
1.2. A contract can be a short term for once off services, in which it only serves to protect the client and the service provider from a possible loss that may arise, or it can be month to month contracts, to 12 or 24 months.
2.Definitions.
2.1.In this agreement, certain words and phrases are given meaning, which is explained below.
2.1.1.”Valid” shall mean that the contract becomes active when you take action and sign the contract and make a deposit commitment.
2.1.2.”Agreement” shall mean an acknowledgement and commitment to terms and conditions contained in this website, valid invoices , or any of our agreement mediums.
2.1.3.”Valid Invoice” shall mean that you have acknowledged and commited by signing the invoice document.
2.1.4.”Customer” shall mean you as a natural person or your company as an entity entering into an agreement with Watticsoft Pty(Ltd).
2.1.5.”Value-Added Services” shall mean all services that can be requested at the discretion of the customer, or provided as part of the service.
2.1.6.”Agreement Activation” shall mean the action of signing an invoice and making the required deposit into the business bank account of Watticsoft.
2.1.7.”Agreement Period” shall mean the duration of the contract.
3.Provision of the Services.
3.1.As set out in this agreement, Watticsoft shall provide or deliver the services, and will maintain their availability throughout this contract.
3.2.The service presentation turn around shall be affected by the capacity of Watticsoft Pty(Ltd) to deliver to all its customers based on the waiting lists that may have arised before going into this agreement.
4.Duration
4.1.This agreement will commence on the activation day, the day into which the customer accepts the invoice with a signature, and makes a deposit, the day of the deposit shall be the initial day of the contract. This agreement shall be valid for the whole period. We will notify you at least 25 days before the end of the period for a possible renewal.
4.2. Despite clause 4.1, you can terminate this agreement during the agreement period or the renewal period, you will be liable for a termination cost that will be determined by Watticsoft Pty(Ltd). A termination cost shall include but not limited to, 50% of the amount calculated in this way, the number of months remaining on the agreement period, which will be charged at a normal monthly agreement fee, that is 50% of the remaining months times monthly fee.
5.Payment Obligations.
5.1.In the case of once off services, you shall be liable for the payment amounting to 50% deposit fee on the agreement activation, and the remaining 50% on or before the day of the deliverables.
5.2.In reference to clause 5.1, failure to comply may result in Watticsoft suspending or terminating any of its services, hosting, maintenance, software or IT support and withdrawal of any of its creative work.
5.3.Watticsoft has a right to request a full amount on the day of the agreement activation, which shall be in full for the whole first month, and henceforth paid on or before the last day of each subsequent month of the agreement period.
5.4.Watticsoft has the right to terminate service in the event of noncompliance on your part as the customer, but it is under no obligation to do so, you shall still be liable for any costs incurred and arrears that may be available during the agreement period in which you continued to receive or benefit from the services provided by watticsoft.
6.Risk and Ownership.
6.1. From the moment you receive the deliverables or designs or projects that are created by Watticsoft, you will be responsible for and liable for all risk in the deliverables which will include but not be limited to loss, damage, accidental damage, liquid damage, theft, unauthorised use of the deliverables or any losses that may be imposed by operation of law.
6.2. Watticsoft will remain the owner of the creative work, software or designs and processes for the duration of the agreement Period.
7.Acknowledgements
7.1.Watticsoft shall not be liable for any creative designs, maintenance, software programs and any work that was not included in the agreement or valid invoice.
8.Liability.
8.1. You shall hold watticsoft harmless against any loss of income, expense or information that may arise due to the use of its services, either directly or indirectly, due to your breach of the terms and conditions of this agreement, other than losses that may arise due to negligence or misconduct by watticsoft and any of its employees, agents or directors.
8.2.Watticsoft shall not be liable to you for any breach of this Agreement or failure on Watticsoft’s part to perform any obligations as a result of technical issues relating to IT infrastructure, hardware failure, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, industrial disputes or any other cause beyond the control of Watticsoft.
9.Service Suspension or Disconnections.
9.1.Watticsoft may suspend any of its services provided to you, and will provide a notice where reasonable, should you fail to comply to the terms and conditions of this agreement.
9.2.The above clause may include but not limited to, failure by the customer to pay a monthly agreement service, and or fail to rectify the payment within twenty business days after the due date.
10.Termination
10.1. In the event that you fail to comply with the terms and conditions of this agreement, which may include but not limited to agreement service fee, and you do not rectify such failure after Watticsoft has notified you within twenty business days, Watticsoft can terminate this agreement immediately.
10.2. If this agreement is terminated by Watticsoft due to the reasons but not limited to clause 10.1, you shall be liable for all outstanding fees that may arise from any creative work or software development or service maintenance that would be charged at a once off fee listed by watticsoft on its website, only normal once off fees and excluding promotional pricing will apply.
10.3.In the event that the termination is due to Watticsoft being unable to deliver the service to the conditions in the agreement, a full refund shall be given back to the customer.