TechDilation Pty Ltd (ABN: 75 641 747 793), hereinafter referred to as TechDilation, provides all deliverables and services to its contractual partners exclusively on the basis of these General Terms and Conditions (GTC). These will be applicable to all the clients unless deviation is mutually agreed, and a contract/ change order is executed.
A contract comes off only by an order of the customer (mostly electronically)along with detailed business requirement and the delivered by TechDilation proposal including high level scope, cost and tentative timelines for completion and its acceptance by the customer.
3.1 – TechDilation proposal will have defined deliverables along with services marked as optional are not part of the order. These must be explicitly commissioned via change order subject to customer approval.
3.2 – Customer will provide text content and image data in digital form including but not limited to templates, third party plug-ins and content in electronic form preferred by TechDilation unless otherwise deviation is agreed in writing as part of contract.
3.3 – For services/ deliverables those were not in the original offer and are additionally commissioned by the customer, TechDilation settles on the basis of the effective effort (Time & Material). The hourly rate is AUD 70.00 – AUD 120.00 per hour unless otherwise mutually agreed a lump sump price for the change.
3.4 – During the course of project, if material scope change is observed, TechDilation will review, document, price along with revised timelines and mutually agree with customer before initiating the work in writing by way of executing a change order.
3.5 – Services, software or any other components of this offer, provided by a third party suppliers and are marked as such, are not subject to the warranty of TechDilation, but of the original third party. This applies in particular to templates and plugins procured or provided by the customer.
3.6 – All contents listed in the offer for customized solutions are protected by copyright and are not intended for distribution to third parties.
4.1 – The terms of payment are as follows:
• 50% of the agreed cost as advance, 30% completion of milestone 1 and 20% post completion of project.
4.2 – The specified delivery time begins after receipt of advance payment and kickoff meeting with customer. From this, time is expected in full working days. The default work week is Monday through Friday.
4.3 – The final delivery time excludes customer acceptance testing (UAT) and subject to customer availability.Also, in case of third party integrations, overall timelines may shift basis the support provided by third party suppliers.
4.4 – Delivery and performance delays due to force majeure and events that make it difficult or impossible to perform the service substantially such as strikes, lockouts and official orders are not the responsibility of TechDilation. Unless otherwise provided by law, TechDilation is not liable for damages in this case.
4.5 – Invoice amounts can be transferred either via electronic payment portal PayPal or through Bank Wire Transfer as shared by the Accounts and Finance Department of TechDilation during the course of Project Sign Up.
4.6 – The payment must be processed within 5working days from the invoice date and according to the payment plan. Any deviation may impact the project timelines.
4.7 – Contract and invoice currency will be local currency of the respective country and for conversion, we refer https://www.xe.com/
4.8 – The delivery is deemed to be complete in all aspects with no changes if customer does not report any deficiencies within 10 working days from the final delivery date. Post this time, all the changes will attract a mutually agreed lump sum fee or per hour cost defined above in clause 3.4. Furthermore, in this case, the payment of the outstanding amount is obligatory and must be settled by the customer immediately.
For dunning costs incurred after default, we charge 10% interest on the outstanding amount. Further claims, in particular with regard to the enforcement of the claim by a collection agency remain reserved.
6.1 – The services remain the property of TechDilation until full payment, even if they are resold (extended retention of title). In the event of late payment, TechDilation have the right to terminate the contract and reclaim the already provided sources including but not limited to tasks, deliverables, consulting, software codes etc.
6.2 – If the customer cancels the order at any time due to any reasons during the course of project, TechDilation is entitled to charge the costs incurred until then on the basis of the above hourly rate; the percentage of progress or documented effort (hours worked) is calculated as the basis for the effort estimate.
7.1 – TechDilation assumes no responsibility for any damage caused to customer directly or indirectly with the use of TechDilation products handed over to the customer including but not limited to tasks, deliverables, consulting, software codes etc.
7.2 – If the delivered services are defective at the time of delivery, TechDilation will provide for the removal of the defect. In case of failure of the repair or replacement, the customer may demand the reduction of the remuneration or the withdrawal from the contract.
7.3 – The liability for own negligence, as well as that of our legal representatives and vicarious agents, is limited to intent and gross negligence.
7.4 – The customer is solely responsible for the name and brand of his logo and design. TechDilation accepts the documents provided by the customer to the best of its knowledge and belief. It is the customer’s responsibility to investigate any trademark infringement or legal violations in connection with image rights, templates or plugins. The overall liability of TechDilation is limited to the amount of the order value.
8.1 – The data required for the transaction will be stored in strict accordance with the provisions of the International Data Protection Act and, if necessary, passed on to affiliated companies, as well as third parties for the order processing of engaged companies. All personal data is kept confidential and used only for internal purposes.
8.2 – The web sized products may be used by TechDilation as reference works for promotional purposes, unless the customer expressly disagrees on this point. The products are presented for illustrative purposes only.
The customer receives for all delivered and approved solutions (websites, apps, etc.) an unrestricted grant of rights of use.
It applies to the general terms and conditions and the entire legal relationship between the customer and TechDilation. Jurisdiction is, unless otherwise agreed will be, Perth, WA.
11.1 – Changes or additions to these GTCs is owned & maintained by TechDilation and will subject to change any time.