Terms of Service

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general terms of service

1. Terms

By accessing the website at http://www.scriptylion.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 Licence

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Scriptylion’s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence 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 Scriptylion’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 licence shall automatically terminate if you violate any of these restrictions and may be terminated by Scriptylion at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Scriptylion’s website are provided on an ‘as is’ basis. Scriptylion 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, Scriptylion 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 Scriptylion 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 Scriptylion’s website, even if Scriptylion or a Scriptylion authorised 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 Scriptylion’s website could include technical, typographical, or photographic errors. Scriptylion does not warrant that any of the materials on its website are accurate, complete or current. Scriptylion may make changes to the materials contained on its website at any time without notice. However Scriptylion does not make any commitment to update the materials.

6. Links

Scriptylion 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 Scriptylion of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Scriptylion 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 Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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project terms of service

1. Disclaimer

The following terms and agreements apply to all projects commenced with and Scriptylion ABN 63 627 829 100. ‘You the client’ henceforth refers to any person who has chosen to enter into any form of agreement with Scriptylion.

By using Scriptylion’s services, and/or by paying the first milestone payment for any project, you the client agree to be legally bound by these terms. You also agree that by accepting any quote from Scriptylion, you have read and are in agreement with all points stated below.

You also agree that these terms are subject to change at Scriptylion’s discretion and that you may request the most current terms and conditions from Scriptylion at any time by contacting roar@scriptylion.com.au

2. Quote Validity

You the client agree that any quote provided to you by Scriptylion is valid for up to a maximum of 90 days from the date of issue, after which it is no longer valid. If any provided quote is not accepted by you prior to this date, Scriptylion will need to re-assess whether the quote in question can reasonably achieve your specific requirements and may need to prepare a new quote with adjusted scope, cost, timeline and other relevant factors.

3. Payment

For all pre-quoted projects that are not considered ‘ad-hoc tasks’, a decision made at Scriptylion’s discretion, Scriptylion is to be paid by you the client – one third of the value stated in the relevant quote as a deposit prior to work commencement, one third of this value upon Scriptylion’s completion of Sprint One (or other appropriate during-project milestone, chosen at Scriptylion’s discretion), and one third of this value upon Scriptylion’s completion of the entire project.

For all projects which are considered ‘ad-hoc tasks’, Scriptylion is to be pade by you the client upon reasonable completion of the tasks. Scriptylion will inform you when this milestone is met.

Scriptylion will inform you when any payment milestone is reached, provide a reasonable selection of payment methods and provide reasonable notice of up to 14 days from invoice date to allow for payment.

Payment is not dependent upon nor linked with website or project launch in any way. You agree to pay at appropriate milestones and upon completion of work by Scriptylion, and that project launch is at your discretion thereafter. Scriptylion is happy to assist you to launch at your earliest convenience, though makes no guarantees or warantees regarding launch dates.

4. Scope

You the client agree to thoroughly check the scope of all provided quotes or documents to ensure everything you have requested specifically is included. You agree that you will notify Scriptylion should you require any modifications to any provided quote or document, and Scriptylion will do its utmost in good faith to amend the quote or document to suit your needs.

You also agree that for any work which you request from Scriptylion, should the work lie outside the scope of any quotes or documents provided to you by Scriptylion, you will renumerate Scriptylion based on our stated hourly rate, included within the specific quote or document. Scriptylion will advise you where requested work lies outside the scope of provided quotes or documents.

5. Timelines

All demonstrated timelines are approximate and commence on the first working day of the week immediately following receipt of initial payment, or in the case of ‘ad-hoc tasks’, as agreed between Scriptylion and you the client. Scriptylion will do its utmost to deliver within proposed timelines, however certain events may inevitably change or delay actual delivery times. Timelines are also subject to change depending upon your timely provision of requested feedback to Scriptylion. Scriptylion will make reasonable attempts to inform you if delays are expected during your project.

6. Development

Scriptylion will work on its own servers in order to maintain security and fitness for purpose. Scriptylion will not provide any administrative access until any project is considered complete by both Scriptylion and by you the client, however Scriptylion will make reasonable attempts in good faith to provide limited user accounts with elevated permissions depending on your needs.

7. Web Hosting

Where applicable, by default Scriptylion will host projects on fast, optimised, Australian servers, at a rate of $29 per month, billed annually. This price is subject to change depending on an individual project’s hardware requirements and bandwidth usage, subject to monitoring by Scriptylion. Hosting will be charged from the date of project completion, inclusive. Our hosting is not compulsory and Scriptylion can assist you to deploy a project to another server. Hosting does not apply for projects developed or amended on pre-existing servers.

8. Web Maintenance and Security

You the client agree that you are wholly responsible for your website or digital project’s ongoing security requirements, backups and updates, including but not limited to updates for WordPress or other CMS, Themes and Plugins, brute force protection, 2 factor authentication, obscuring admin panels, limiting high-privelige user accounts. If you choose to host with Scriptylion, we will also take backups and maintain data security in good faith, however you agree not to rely soley upon these systems and not to hold Scriptylion liable in the case of a data breach or other intrusion. Scriptylion can assist or advise you on how to best backup your website, keep it up to date, and secure it. You may also choose to engage Scriptylion for paid website update and security services if desired.

9. Copyright

Copyright for any project commenced with Scriptylion, to the extent of applicable law, within reason and excluding third party contributors’ copyrights, will be transferred to you the client, upon receipt of final payment from you against the project. Up until that point, Scriptylion will maintain copyright of the work as a whole, with the same reasonable exclusions.

10. Warranty Limits

Except as written in any given agreement between you and Scriptylion, all work provided by Scriptylion is provided ‘AS IS’. Scriptylion makes no other warranties and hereby disclaims all implied warranties. Scriptylion will make reasonable attempts to assist in good faith with issues arising with its work for up to 30 days from project delivery, however makes no guarantees or warantees regarding these additional changes. It is your responsibility to notify Scriptylion of any issues that arise.

10. Liability Limits

You the client agree not to hold Scriptylion liable for damage, loss of profit, errors, ommissions, extended timelines or other issues arising as a result of work commissioned from Scriptylion by you, or as a result of internet security breaches or other events outside of Scriptylion’s reasonable control.

Scriptylion takes steps in good faith to ensure quick project delivery, strong data security, will do its utmost to ensure the best quality and effectiveness of all work it delivers to you, and will do its utmost to help you in good faith, if an issue arises that A) Scriptylion is both informed of by you, and B) can reasonably assist with.

11. Termination

Upon request of early termination of a project by the client, the full amount quoted for that project will still be payable, with work completed so far available to the client, barring special circumstances considered only at Scriptylion’s discretion.