Terms & Conditions
Contract Law
This contract is governed by the laws of NSW Australia. The operation of the postal acceptance rule is expressly excluded. The terms and conditions contained on this document supersede any previous terms and conditions.
Limited Liability
In no event shall Starforce International (hereinafter Starforce) or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of the inability to use Starforce products or services or third party products, software or services used by Starforce in website or software development. In no event shall Starforce's liability for any claims whether in contract, tort or other theory of liability exceed the purchase price of the subject products or services, unless such limitation of liability is otherwise prohibited by law.
Copyright
The intellectual property rights, copyright and trade secrets vested in all software products, upgrades, materials, hard-copy or electronic manuals and documentation are vested in Starforce, which reserves the right to use the software or material, or any part of it in other applications and for its own use. The software or material or any part of it shall not be used, reproduced, or disclosed to any person except in accordance with either an authorization or a license, both in writing, first obtained from Starforce. No part of any software, or publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical photocopying, recording or otherwise, without the prior written permission of Starforce.
Development Work Credit
In the event Starforce performs web development services, the Client acknowledges and will ensure that: (a) Starforce receives a permanent credit on the Site (including, without limitation, any alteration, modification or subsequent use of the Site) which acknowledges Starforce as the developer of the Site; Unless otherwise agreed in writing credit shall be ‘Designed by www.starforce.com.au' in a suitable position of each page of the Site. This text will provide a permanent link to www.starforce.com.au ; (b) Starforce may claim credit in its own promotional material for the development of the Site; and (c) the Client will remove the credit within 24 hours of receiving a notice from Starforce to do so. In the event Starforce performs services, Starforce reserves the right to develop and publish a case study on the work performed.
Disclaimer
The findings, conclusions and recommendations of reports provided to clients by Starforce represent our best professional judgment based on the information supplied and made available to us. In preparing a client report, we rely upon information provided by the client to form our conclusions. While we review this information to assess its reasonableness and internal consistency, we do not perform any audit of the information provided. We stress that a Starforce report represents an assessment of the potential opportunity for improvement for the client. Starforce warrants that our services were performed in a professional manner in accordance with applicable professional standards. We shall re-perform any work not in compliance with the warranty, which is brought to our attention within a reasonable time after the work is performed. The terms and conditions of our Job Quote and Standard Terms and Conditions limit the professional liability of Starforce.
Hourly Work
Starforce may agree to undertake work on an hourly rate basis and may provide an estimated time to complete this work. Such estimates are not binding and all hours spent will be charged. If during the course of such work Starforce determines that the job will require substantially more hours than estimated Starforce may advise the customer who may then choose not to complete the task. In this case, all hours spent will be charged to the customer.
Fixed Price Work
Starforce may agree to perform certain work for a fixed price in accordance with an agreed specification. In this case, the specification is binding and additional or previously unspecified work will be to the customer's account. Starforce requires clients to make in advance progress payments. Progress payments must be paid and received by Starforce before new work is undertaken.
Uninvited Solicitation
Direct or uninvited solicitation of a Starforce employee by the client is prohibited. The client warrants that should the client solicit the employee, thereby breaching the prohibition, the client will pay liquidated damages to Starforce of an amount equal to 15% of the annual salary offered to the employee by the client.
Warranty
A 30 day warranty begins upon delivery of any fixed price job. No warranty applies to work done on an hourly basis, this includes bug fixing. Starforce and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties or merchantability and fitness for a particular purpose, with regard to the software, the accompanying written materials, and any accompanying hardware.
Use of Third Party Software or Products
No warranty applies on any third party software or products used by Starforce in website or software development. By agreeing to the specifications listed by Starforce in website or software development jobs, the client expressly releases Starforce of any obligation, responsibility or liability arising from the use or performance of third party software or products. Starforce is not responsible for updating third party software or products or fixing bugs in third party software or products.
What is/is not a bug?
- A coding error that causes an unexpected defect, fault, flaw, or imperfection in a computer program. In other words, if any Starforce developed software does not perform as the developers intended, it is most likely a bug.
- Any unspecified feature or modification is not a bug
Services of all Notices
Services of all notices shall be sufficient if delivered or sent by facsimile, standard, certified or registered post to the party's business address, or any form of electronic mail.
Training & Documentation
Training if required, is at additional cost. If documentation has not been specifically estimated or quoted, it will not be supplied. All custom documentation, including additions, deletions, and amendments is to the customer's account.
Support
Hardware or software support will be supported either under an Hourly Basis, Maintenance Support Agreement or on a Per Issue basis.
Cancellations
If any hourly job is cancelled after commencement, Starforce will charge for all hours up to that point in time. If any fixed price job is cancelled, no progress payments paid by the client are refundable.
Credit Terms
Starforce reserves the right to take legal action to recover debt. Starforce reserves the right to withhold final work until invoices are paid in full. The customer has 7 (seven) days from date of receipt of an invoice to query an invoice. The customer abrogates any right of reply after this time.
Interest
Starforce reserves the right to charge interest on all overdue accounts (including fees and disbursements) at a rate of fifteen percent (15%) per annum. Overdue accounts are deemed to be those accounts that remain unpaid after seven days from the date of invoice for services or products provided by Starforce.
Deadlines
Starforce will endeavour to meet agreed deadlines, however, these are not guaranteed and are estimates only.
Equipment
Starforce is not liable for any equipment failures be it Starforce's equipment or equipment on the client site.
Expenses
Any expenses incurred by Starforce on behalf of the client will be invoiced to the client. However, any expenditure commitment will be agreed with the client prior to commitment.
Goods and Services Tax (“GST”)
All prices quoted are exclusive of GST unless otherwise stated.
Privacy Policy
OUR COMMITTMENT TO YOUR PRIVACY
Starforce will not sell, trade, give or rent any personally identifiable information obtained from you to a third party without your consent. It is Starforce's policy to allow our users to provide as much - or as little - personal information to us as they feel comfortable doing. You have complete control over the identifiable information Starforce may collect.
INFORMATION GATHERED
You can access any information you have given us and make any changes you deem appropriate. We only send our e-mail newsletters to users who ask to receive them. Once you are on the list - you can easily unsubscribe. Each e-mail newsletter you receive has simple instructions on how to immediately un-subscribe from our newsletter list. If you change or move e-mail addresses please let us know so we can redirect your e-mail to your new address.
TELL US WHAT YOU THINK
Starforce welcomes your questions and comments. Please email info@starforce.com.au with any concerns or questions. Thank you for reading through our privacy statement.
