Welcome to the Terms of Service for tempusis.com.au, Tempus is your destination for IT business servces. This is an agreement (“Agreement”) between Tempus Pty Ltd ABN 88 153 569 745, (“Tempus”), the owner and operator of www.tempusis.com.au and www.tempusis.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)” or “client”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.

Throughout this Agreement, the words “Tempus,” “us,” “we,” and “our,” refer to our company, Tempus Pty Ltd, and our website, www.tempusis.com.au and www.tempusis.com, or our Service, Tempus, as is appropriate in the context of the use of the words.

By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy from time to time. In order to continue using our Site and Service you must agree to all such changes.

If you do not agree to the Terms of Service or the Privacy Policy please inform us. Until agreement is made our Site and Services cannot be used. Users of our Service must be above the age of 18.

1. Provision of Services

1.1 Tempus Pty Ltd (Tempus) agrees to provide the Client with Products and Services (the ‘Services’) as specified in the Proposal Letter for this engagement.

1.2 The Terms and Conditions as set out in this document, as well as the Proposal Letter will apply to all work carried out by Tempus with respect to this engagement.

1.3 The “Proposal Letter” refers to all the Services to be provided for this engagement, including such details as scope, deliverables, timeframe, engagement team, fees.

1.4 The “Services” refers to the professional Services described in the Proposal Letter.

1.5 We will undertake the service in accordance with the agreement and using due skill, care and diligence.

1.6 Details of telecommunication and data services can be found in the Communications and Data terms.

2. Tempus’s obligations

2.1 Tempus shall use its best endeavours to perform the Services as specified in the Proposal Letter within the term of the engagement.

2.2 Tempus liability whether in contract or tort will be limited to the repair or replacement of any error, deficiency or fault in any program or system provided by Tempus to the Client as part of the Services.

3. Indemnity and Limitation of Liability

3.1 The Client shall at all times indemnify and hold harmless Tempus, from and against any loss or damage (including costs on a solicitor and own Client basis) that Tempus or the Client may sustain or incur as a result of any claim by a third party in connection with the Services.

3.2 Tempus excludes all implied conditions and warranties except to the extent that any such exclusion would contravene any applicable law or cause this clause to be void (“Non-excludable provision”). Tempus shall not be liable in any way whatsoever for any direct, indirect or consequential loss or loss of profit suffered by the Client or any other party from Tempus, its officers, employees and/or its subcontractors performance of the Services or failure to perform the Services. The Client acknowledges that neither Tempus nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing whether as to the suitability or fitness of the Services for any particular purpose or any other matter. The Client agrees that it has engaged Tempus to perform the Services and use the results provided by Tempus at its own risk.

4. Waiver

4.1 Tempus’ failure at any time to exercise any of its rights under this Agreement shall not constitute a waiver of those rights, and in any event, any waiver of Tempus of its rights shall not constitute a continuing of subsequent waiver of its rights under this Agreement.

5. Insurance

5.1 We will maintain professional indemnity and public liability insurance, ensuring coverage that aligns with the scope of services provided under this agreement. Notably, our liability under this contract, for any claim or series of connected claims, shall not exceed the total value of the contract. Upon request, we will furnish certificates of currency evidencing our insurance coverage at any time before the completion of the service.

6. Fees

6.1 The Client agrees to pay the fees as specified, in consideration for the provision of Services.

6.2 Unless otherwise stated the amount payable by the Client under the Proposal Letter is exclusive of goods and Services tax (“GST”). If GST is payable under the Proposal Letter the Client agrees to comply with the requirements of the Goods and Services Act.

6.3 Any out-of-pocket expenses incurred by Tempus in connection with this engagement and or the provision of the Services will be payable by the Client.

6.4 The Client agrees to pay invoices in accordance with the payment terms set out on the invoice, any breach of payment terms may result in a debt recovery process.

6.5 Support means providing support for existing IT systems and products setup by Tempus. Additional support can be provide on third party systems or infrastructure. Tempus will provide quotation for these services.

6.6 Support is defined as User-friendly assistance for individuals having technical problems with their IT systems. The technical support team is composed of individuals that are familiar with the ins and outs of these systems. With this knowledge, they are able to troubleshoot most problems that a user experiences. Information on how to reach technical support is usually provided with the handover materials as part of service delivery by Tempus. Technical support may be provided over the phone, through email, or with a live-chat interface.

In general support is defined as the following:

  • Minor modification or upload of application content. Content to be supplied by client. Creation of new elements not part of the existing systems functionality will be quoted for client approval prior to implementation.
  • Minor banner modification. New banner are charged.
  • Making minor modifications to hardware or software configurations
  • Hosting the IT systems
  • Password lock out issues
  • Software errors not resulting from client hardware issues.
  • Errors resulting from client hardware e.g desktop computers, laptops, mobiles, printers or third party software will be charged at $150/hour.
  • IT system software updates, where required

6.7 Support packages are charged on usage category as defined in the Service Level Agreement. If the client requires more support than the category the client is currently being charged, Tempus will notify the client and discuss upgrade options.

7. Promotions

7.1 For promotional website package plans, pricing and functionality is per plans listed on tempusis.com.au/web/

7.2 The client does not own the website IP until such a time that the plan has been active for a consecutive period of 24 months.

7.3 Total hard drive space for any one site cannot exceed 2GB.

8. Confidentiality

8.1 Definition of Confidential Information: For the purposes of this Agreement, “Confidential Information” means any information or data, whether in written, electronic, or oral form, passed or provided by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), including but not limited to business plans, strategies, financial information, customer information, technical data, and personal information from other companies, as well as any information or results arising from such information or data.

8.2 Obligations: The Receiving Party agrees to treat all Confidential Information as confidential and to use such information solely for the purposes of this Agreement and any projects or services undertaken by the parties. The Receiving Party shall not disclose any Confidential Information to any third party without the express written consent of the Disclosing Party.

8.3 Exceptions: The obligations of confidentiality do not apply to any information that:

  • Was already known to the Receiving Party at the time of disclosure;
  • Becomes publicly known through no wrongful act of the Receiving Party;
  • Is independently developed by the Receiving Party without use of the Confidential Information;
  • Is required to be disclosed pursuant to a court order or governmental regulation, provided the Receiving Party gives prompt notice to the Disclosing Party to allow the Disclosing Party to contest such disclosure.

8.4 Security Measures: The Receiving Party agrees to take all reasonable measures to protect the confidentiality of the Confidential Information, including implementing appropriate physical, technical, and administrative safeguards.

8.5 Sharing of Information During Projects and Services: All information or data shared between the parties in the course of executing projects or providing services will be treated as Confidential Information. Both parties agree to use such information solely for the intended purposes of the project or service and to maintain its confidentiality.

8.6 Unplanned Access to Sensitive Information: In the event that sensitive information from other companies is unintentionally accessed by the Receiving Party, the Receiving Party must:

  • Immediately notify the Disclosing Party of the unplanned access;
  • Take all reasonable steps to retrieve the unintentionally accessed information and prevent further unauthorized access;
  • Ensure that the unintentionally accessed information is treated as confidential and is not further disclosed or used;
  • Provide a summary to the Disclosing Party detailing the unplanned access and the steps taken to mitigate any potential damage.

8.7 Survival: Each party’s obligations under this clause shall survive the termination of this Agreement and endure until the Confidential Information disclosed to it lawfully becomes part of the public domain.

8.8 Remedies: The Receiving Party acknowledges that the unauthorized disclosure of Confidential Information may cause irreparable harm to the Disclosing Party, and that the Disclosing Party shall be entitled to seek injunctive relief in addition to any other legal or equitable remedies.

9. Privacy

9.1 Both parties acknowledge and agree that they are bound by, and will comply with, the Privacy Act 1988 and the Personal Information Protection Act 2004 (Tasmania).

10. Intellectual Property

10.1 We own all intellectual property arising from or in connection with the services. We grant you a royalty free licence to use our intellectual property for the purpose of the project.

11. Governing law and jurisdiction

11.1 The Proposal Letter, and terms and conditions is subject to the laws applicable in the state of Tasmania.

12. Non-solicitation of staff

12.1 The Client will not during the provision of Services, and for a period of 12 months following completion of the Services, make any offer of employment to any Tempus employee involved in the provision of Services, without Tempus’ prior written consent.

13. Termination

13.1 If either party:

  • is in breach of any of the provisions hereof and fails to remedy such a breach within fourteen (14) days of receiving written notice from the other party to do so, or
  • becomes insolvent or has a receiver or administrative manager appointed over any or all of its business or assets or enters into voluntary liquidation the other party may terminate this Agreement forthwith by notice in writing.

14. Force majeure

14.1 Neither party shall be responsible for any breach hereof or any resulting loss or damage if such breach, loss or damage is caused by an event beyond the reasonable control of the relevant party.

15. Variation

15.1 No variation to Proposal Letter, or these terms and conditions will be valid unless confirmed in writing by authorised signatories of both parties.

16. General

16.1 If there is any inconsistency between these terms and any other document or agreement between the parties, these terms will prevail

16.2 You agree that we can publish articles or any other illustrations related to the service and the project unless you tell us otherwise in writing within 7 days of executing agreement.