Terms of Service

AGREEMENT DETAILS (last updated 1 October 2019)

Summary
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what.

In short
You, the client are hiring us, (DIGITAL SCHOOLS PTY LTD) located at 79 GREEN ST, CREMORNE VIC to design, develop and maintain an online digital package which includes and is not limited to a website, online education platform, online engagement platform, videos, images, graphics, articles, activities and other communication strategies.

What Do Both Parties Agree To Do?
As our customer, you have the power and ability to enter into an agreement on behalf of your school.

You agree to provide us with everything that we’ll need to complete the project – including text, images, and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we cannot be responsible for any missed deadlines if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.

Other Details:
1: GST

1.1: All prices listed in documents and proposals exclude GST. GST will be added on top of all listed prices (some International clients who reside outside Australia may be exempt from being charged GST) 

2. Technical Support

2.1: Unless agreed to in writing, we will set up and host all websites and videos on third-party platforms at our expense 

2.2: We can’t guarantee that the functions contained in any completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. Having said that, you have unlimited support and our guarantee that we will work to fix all errors as soon as they arise.

3. Payments & Packages

3.1: Payment will be requested upfront for the year upon going live with all new works. If delays are experienced due to you not approving our work we reserve the right to request payment prior to going live. Please contact us if these arrangements do not work. We can be flexible with payments and can usually break them up in any way you see fit to accommodate your yearly budget restrictions if necessary. Billing cycle will commence from the first day of shooting on-site at your school.

3.2: Digital Schools reserves the right to increase subscription prices annually in line with Australian Consumer Price Inflation Index

3.3: The package inclusions list you have signed on for is the package you have access to for the life of the relationship with Digital Schools. Variations or changes to packages will be by mutual agreement. For clients who require a custom package to what is listed on the website, a “Custom Package Details” document will be drawn and signed by both parties by mutual agreement. 

4: Copyright

4.1: You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the platforms and content are either owned by you, or that you have permission to use them – including images and videos of students.

4.2: We reserve the right to display parts of your work and link to your completed platforms as part of our portfolio and to write about the project on websites, in magazine articles, and in any other publications or social channels. We also reserve the right to credit our brand in the footer of all website pages and on videos and other material we produce.

4.3: Digital Schools reserves copyright over the materials we create. We do not allow any other third party company (including you – as the client) to take over management or use of the work, including all images, videos,  articles, graphics, copyrighted content, automated emails and website platforms (that we build or create) and host for you should you cease working with us at any time in the future without prior written consent. Any digital collateral you or your affiliates create is owned by you. 

4.4: We work as a subscription-based Digital Agency (rather than a company that develops once at a premium cost and hands over work to you). It’s for this reason that we are able to heavily reduce the build and set-up costs and not charge you the actual recommended commercial value of the itemized works that we produce for you. To protect you in that case, you are allowing us to come into the school annually and build, update and further develop all platforms, videos, photos and other systems to ensure you never have a site that is outdated or does not reflect your personal brand. It’s also important for us that the works we are producing are always up to date to protect the integrity of our brand.

5: International (Non-Australian) Clients

5.1: A “Variations to Terms and Conditions” document will be created for International clients subject to agreement from both parties on a case by case basis. The “Variations to Terms and Conditions” document will be drawn and signed by both parties outlining variations to these terms and conditions. All standard terms and conditions apply with the exception of anything listed in the “Variations to Terms and Conditions” document

6: Other Variations to Terms and Conditions

6.1: A “Variations to Terms and Conditions” document may be created for Australian clients with unique requests subject to agreement from both parties on a case by case basis. The “Variations to Terms and Conditions” document will be drawn and signed by both parties outlining variations to these terms and conditions. All standard terms and conditions apply with the exception of anything listed in the “Variations to Terms and Conditions” document

7. Updates to Terms & Conditions

6.1: We reserve the right to update the terms and conditions of this agreement. All updates will be sent to the nominated contact at the school via email. If you have concerns over updates to the terms and conditions we request you contact us within 7 days to discuss the updates. If we do not hear from you within 7 days, any amendments will form part of your terms and conditions. For client protection, clients with a “Variations to Terms and Conditions” document will be covered by items in that document above what is listed in standard terms and conditions. Any variations to this document will be negotiated by agreed to by both parties

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We look forward to building a long and successful partnership with you!