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.
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.
4.1 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.
5.1 We will maintain professional indemnity and public liability insurance. We will give you certificates of currency if you requested at any time before completion of the service.
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.
7.1 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.
8.1 All information or data passed or provided to either party to the other and any information or results arising from such information or data will be treated as confidential by the party receiving it and may not be divulged to any third party without the express written authority of the supplying party. 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.
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.
13.1 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.
15.1 No variation to Proposal Letter, or these terms and conditions will be valid unless confirmed in writing by authorised signatories of both parties.
16.1 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.