HomeTerms & Conditions | Digital Solutions Group

Digital Solutions Group Terms of Service

1. Terms

By accessing the website at https://digitalsolutionsgroup.com.au/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Digital Solutions Group’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Digital Solutions Group’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Digital Solutions Group at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Digital Solutions Group’s website are provided on an ‘as is’ basis. Digital Solutions Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Digital Solutions Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Digital Solutions Group or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Digital Solutions Group’s website, even if Digital Solutions Group or a Digital Solutions Group authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Digital Solutions Group’s website could include technical, typographical, or photographic errors. Digital Solutions Group does not warrant that any of the materials on its website are accurate, complete or current. Digital Solutions Group may make changes to the materials contained on its website at any time without notice. However Digital Solutions Group does not make any commitment to update the materials.

6. Links

Digital Solutions Group has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Digital Solutions Group of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Digital Solutions Group may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Sydney, NSW and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Project Deliverables Terms & Conditions

The information contained in this websites is provided to client recipients (“you”) on the following terms and conditions:

  1. These terms and conditions not only relate to this proposal but also extend to any future projects or orders we undertake for you. If our standard terms & conditions change in the future we will advise you accordingly.
  2. This proposal has been prepared by Digital Solutions Group Pty Ltd (“Digital Solutions Group”, “we”) and Digital Solutions Group disclaims any and all responsibility and liability for the information or strategies proposed herein.
  3. This Proposal is made available to you for the purpose of providing you with services and delivery of marketing and/or eBusiness solutions and remains open for 30 days.
  4. Digital Solutions Group, and their respective directors, officers, employees, agents and consultants shall have no liability including to any person by reason of negligence or negligent misstatement for statements, opinions, information or matters (express or implied) arising out of, contained in or derived from or for any omissions related to this proposal and/or the strategies delivered hereunder, except where liability under statute cannot be excluded.
  5. This Proposal may contain projections based on certain intentions, expectations and plans for you. Those intentions, expectations and plans may not be achieved. They are based on certain assumptions which may not be met or on which views may differ. The performance of this proposal as described herein may be influenced by factors many of which are outside the control of Digital Solutions Group.  No representation or warranty, express or implied, is made by Digital Solutions Group or any of its representatives, directors, officers, employees, agents and consultants that any intentions, expectations, plans, or projections will be achieved either totally or partially.
  6. This proposal is copyright and you will not copy, distribute or disclose it, in whole or in part, to others at any time without the prior written consent of Digital Solutions Group. The strategies and information contained in this proposal is the sole propriety of Digital Solutions Group.
  7. Your acceptance of the “Order Approval” creates a legally binding agreement between us to deliver the requested works to you subject to your orders/briefs at the price and on the terms quoted.
  8. Any changes to your orders/briefs may result in time and fee changes, which we will notify to you upon request.
  9. Satisfaction and delivery guaranteed means that Digital Solutions Group will deliver on time at the agreed cost. Should the delivery time needed to be extended due to unforeseen circumstances, Digital Solutions Group reserve the right to warn the client and provide a new timeline that both parties agreed on.
  10. Any intellectual property created as a consequence of your orders will become your property upon full and final payment, such as logos, slogans, text, business and marketing plans, copywriting.
  11. Despite clause 10, we retain any and all rights in any Retained IP that is delivered in conjunction with your orders, including but not limited to the source code of the Technology. You are granted a non-exclusive non-transferable license to use the Retained IP for the duration of your order and the timely payment of invoices.
  12. We agree to:
    1. Deliver your orders as instructed by you in a timely manner;
    2. Fix any errors or omissions in any of the works that we provide to you;
    3. Respect the confidential nature of your sensitive business information and data;
    4. Keep you informed of the status of the project.
  1. You agree to:
    1. Provide timely instructions, content and feedback when requested in order to complete your orders;
    2. Pay deposits within 48 hours of signing a quotation/order;
    3. Pay invoices at delivery of the project or the service;
    4. Pay the balance of each item of your orders as they are delivered to you on our staging server, in person, in print or in any other agreed format/media;
    5. Provide us with adequate releases of all works delivered and accepted by you;
    6. Permit us to promote the fact that you are one of our clients and that we have delivered the relevant services to you, including the following hyperlinked credit at the bottom of any online work: “Powered or Design by Digital Solutions Group will deliver on time at the agreed cost. Should the delivery time need to be extended due to unforeseen circumstances Digital Solutions Group. You agree to pay all accounts within our trading terms and in the event that we need to engage a debt collector then all costs incurred in the collection of monies, from you will be borne by you and added to the debt.
  1. Clients use of the Host Server is subject to the Host Server:
    1. Service Agreement;
    2. Acceptable Use Policy;
    3. Privacy Policy; &
    4. Anti-Spam Policy;

as contained on the website http://www.digitalsolutionsgroup.com/legals.aspx (in addition to the terms contained herein).

  1. There are no warranties or guarantees, expressed or implied, made by Digital Solutions Group to you with respect to this proposal or your orders as expressly set forth herein and neither we will make any warranties or guarantees to you except as expressly agreed in writing by Digital Solutions Group.
  2. Neither Digital Solutions Group will be liable to you on account of any alleged warranty, express or implied, except to the extent and in the manner set forth herein.
  3. Nothing contained herein will be taken to exclude restrict or modify or to purport to exclude restrict or modify the application of any provisions contained in Part V Division 2 of the Trade Practices Act 1974 or any other consumer protection legislation, the exercise of any of the rights conferred by any such provision or the liability of Digital Solutions Group for breach of any warranty or condition implied by such provision. However, if Digital Solutions Group breaches any such warranty or condition, its liability for breach will be limited (where permissible by the Trade Practices Act and any other relevant consumer protection legislation) to:
  4. in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired – whichever Digital Solutions Group sees fit to provide; and
  5. in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again – whichever Digital Solutions Group sees fit to provide.

The following terms are defined as follows:

  1. “Technology” includes:
    1. Email Marketing;
    2. Ecommerce;
    3. Content Management;
    4. Any other applications provided by us or our contractors to you under an application service provider (“ASP”) delivery model.
  1. “Retained IP” means
    1. Any intellectual property that, in isolation, is either previously existing, previously developed by us or our contractors, generic in nature, licensed to us or our contractors for reuse or freely available in the public domain, including reusable code, scripts, libraries, stock art, etc; and

Any deliverables, including draft designs, logos, works that are not accepted or paid for by Client.

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