Terms and Conditions

Terms And Conditions

Definitions

“We”, “Us”, “Ourself”, “Themself”, “Herself”, “Himself”, and “OurOwnSelf” These are use to refer to Independent Online Solutions in Terms & Condidions.
“You”, “Yourself”, “Your” or “Yourself” These are used to refer to the individual/business engaging Independent Online Solutions in the Terms & Conditions.
Services This refers to the offerings outlined on the Independent Online Solutions website, Independent Online Solutions software or Independent Online Solutions proposals/quotes in the Terms & Conditions.

Terms of Business

By entering into an agreement for Services provided by Us, You agree to these terms from the time of acceptance, for the entire agreed upon term. These terms will be deemed to be accepted upon payment of any deposits or fees to engage Us to commence the Services, or via electronic acceptance (such as email or e-signature) to a provided reference to these terms.

Confidentiality & Non-Disclosure

Whilst providing Services, confidential technical, business or personal information, which the disclosing party desires the receiving party to treat as Confidential Information may be disclosed by You or Us.

Confidential Information This refers to any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, Personal Information, software, facilities, equipment and operating plans). Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which:

Was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party.
Becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party.
Is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure.
Is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality.
Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.
Is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.

At no time are We obligated to provide evidence or details of the methods, submissions or strategies made in carrying out Services, as this information is considered Our ‘confidential intellectual property’ (IP). We guarantee that all Services provided by Us are in conform to all applicable Australian laws and regulations. We store all confidential content provided to Us by or on behalf of You for no longer than a period of 30 days after the cancellation of Services by You. This clause does not apply to electronic communications between Us and You, which are securely stored but may not be destroyed upon the conclusion of Services.

Limitation of Liability

To the extent permissible by law, We are not liable for:

Faults or shortcomings in any Services provided by third parties in connection with this Agreement.
Any indirect or consequential loss, loss of profits, data loss/corruption, loss of goodwill, loss of revenue, loss of anticipated monetary savings or business interruption, however arising, whether or not We knew of the possibility of such loss and whether or not such loss was foreseeable.

To the extent permissible by law, Our total aggregate liability for any and all claims relating to this Agreement (in contract, tort or otherwise) will be limited to and not exceed the amounts actually paid by You for the Services provided.

To the extent permitted by Australian law, Our liability for breach of a non-excludable condition is limited to:

supplying the Services provided again; or
Refund of the cost of having the Services provided again.

You agree to indemnify, defend and hold Us harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:

Your breach of this agreement.
Your negligent actions or omissions.
Your use of Our Services, including any third-party claims made in connection with or arising out of Your use of Our Services.
Breach of third-party intellectual property, privacy, confidentiality, or moral rights.

To the extent permissible by law, You agree to indemnify and keep Us, Our directors and employees, indemnified against all loss arising from actions taken performing Our Services.

Payment

You must pay for Services by credit card or automatic direct debit from your nominated bank account. Unless otherwise instructed, We do not store your payment details, instead We use a third-party application called ‘Stripe’. Your payment details are stored from the deposit or first payment and used to charge the balance of fees and subsequent payments.

Guarentee

We do not guarantee any likelihood of success of our Services, except those required under Australian Consumer Law.

Refund

We do not offer refunds or credits for services successfully rendered unless required under Australian Consumer Law or other relevant consumer protection laws. If a deposit is taken, it will be fully refunded if Services are not successfully carried out. If you want to request a refund or credit, please contact Us using either the contact form or email address provided on Our website. If Services are terminated by You before expiry of the term agreed upon, no refunds will be given for payments or deposits made for those Services. You accept that We may have already provisioned or successfully completed Services, that You are still required to pay for.

Circumstances where Refunds may be granted:

Our Services are substantially unfit for their common purpose, and can’t be fixed within a reasonable time.
There was an undisclosed factor that would have influenced Your decision to solicit Our Services if You had known about it.
Our Services do not meet the terms agreed when initially engaging Us and We cannot easily rectify the problem within a reasonable time.
Our Services create an unsafe situation as assessed at Our sole discretion.

Circumstances where Refunds will not be granted:

You change Your mind about engaging Our Services.
Minor problems have arisen.
You have caused periods of delay.
You have engaged Services similar to Our Services from third-parties or decided to attempt them Yourself.

Other Terms

Laws & Regulations Jurisdiction

Any agreement to engage Our Services is made in accordance with Australian laws and regulations. The Services are considered entered into under the jurisdiction of the State of Queensland, Australia. If any dispute arises between You and Us, both parties irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia.

Authority

You warrant to Us that You have the capacity and authority to enter into this Agreement with Us.

Liability

No liability whatsoever (unless provided by law) will be accepted by Us for any damages or losses arising from or as a result of the provision of Services to You.

Legal Advice

You agree that any advice provided by Us is not legal advice, and is not intended to substitute legal advice and should not be relied upon as legal advice.

Invalid Agreement

If any item of this Agreement is deemed invalid under Australian law, the validity of the entire Agreement shall not be affected. Any remaining items will remain enforced.

Modification to Agreement

This Agreement may not be modified, amended, or otherwise altered by You unless agreed to in writing by Us. We may without notice, change these Terms at any time by altering this web page. By engaging Us, You agree to be bound by the most recent version of the Terms. Therefore, please revisit this web page regularly for any changes to the Terms & Conditions.

Intellectual Property

All intellectual property rights, including designs, artworks, software and materials, provided to You in the course of Services provided by Us, and any other intellectual property created in the course of services provided by Us, shall remain Our property.

Employee Protection

You shall not offer any employment or contractual work to Our staff whilst using Our services, or within 12 months of ceasing Our services.