General Terms and Conditions

Client Service Proposals developed by Quantum are provide under the following terms and conditions: 

  1. These terms and conditions not only relate to each proposal for any service offered by Quantum Digital. If our standard terms & conditions change in the future we will advise you accordingly.
  2. Quantum Digital Pty Ltd (“Quantum”, “we”) and Quantum disclaims any and all responsibility for loss or liability caused or related to delivered services or information, advice or strategies proposed or delivered as part of the proposal or service. 
  3. Quantum's Services are made available to you for the purpose marketing or online visibility. This may include but not be limited by tools, designs, content, processes or software.
  4. Quantum, and their respective directors, officers, employees, agents and consultants shall have no liability  for negligence or negligent statements, opinions, information or matters (express or implied) arising out of, contained in or derived from or for any omissions related to any services rendered and/or the strategies delivered hereunder, except where liability under statute cannot be excluded.
  5. Quantum's proposal, content or services may contain projections based on certain intentions, expectations and plans for you. Those intentions, expectations and plans may not be achieved.  They are based on certain assumptions which may not be met or on which views may differ. The performance of this proposal or services as described herein may be influenced by factors many of which are outside the control of Quantum.  No representation or warranty, express or implied, is made by Quantum or any of its representatives, directors, officers, employees, agents and consultants that any intentions, expectations, plans, or projections will be achieved either totally or partially.
  6. This proposal and any other intellectual property is copyright and you will not copy, distribute or disclose it, in whole or in part, to others at any time without the prior written consent of Quantum. The strategies and information contained in this proposal, content or services is the sole propriety of Quantum unless it passes into the public domain.
  7. Your acceptance of any proposal or agreement creates a legally binding agreement between us to deliver the requested works to you subject to your orders/briefs at the price and on the terms quoted.
  8. Any changes to your orders/briefs may result in time and fee changes, which we will notify to you upon request.
  9. Satisfaction and delivery guaranteed means that Quantum will deliver on time at the agreed cost. Should the delivery time needed to be extended due to unforeseen circumstances, Quantum reserves the right to warn the client and provide a new timeline that both parties agreed on. 
  10. Any intellectual property created as a consequence of your orders will become your property upon full and final payment, such as logos, slogans, text, business and marketing plans, copywriting. Unless expressly stated copyright transfer is in common and not exclusive, meaning Quantum maintains joint ownership of the content for reuse at its discretion. 
  11. Despite clause 10, we retain any and all rights in any Retained IP that is delivered in conjunction with your orders, including but not limited to the source code of the Technology.  You are granted a non-exclusive non-transferable license to use the Retained IP for the duration of your order and the timely payment of invoices.
  12. We agree to:
    1. Deliver your orders as instructed by you in a timely manner;
    2. Fix any errors or omissions in any of the works that we provide to you;
    3. Respect the confidential nature of your sensitive business information and data;
    4. Keep you informed of the status of the project.
  13. You agree to:
    1. Provide timely instructions, content and feedback when requested in order to complete your orders;
    2. Pay deposits within 48 hours of signing a quotation/order;
    3. Pay invoices at delivery of the project or the service;d. Pay the balance of each item of your orders as they are delivered to you on our staging server, in person, in print or in any other agreed format/media;
    4. Provide us with adequate releases of all works delivered and accepted by you;
    5. Permit us to promote the fact that you are one of our clients and that we have delivered the relevant services to you,  including the following hyperlinked credit at the bottom of any online work: “Powered or Design by Quantum Digital”
  14.  Clients use of the Host Server is subject to the Host Server:
    1. Service Agreement;
    2. Acceptable Use Policy;
    3. Privacy Policy
    4. Anti-Spam Policy; 
  15. There are no warranties or guarantees, expressed or implied, made by Quantum to y ou with respect to our proposal, services or your orders as expressly set forth herein and we will neither make any warranties or g uarantees to you except as expressly agreed in writing by Quantum.
  16. Quantum will not be liable to you on account of any alleged warranty, express or implied, except to the extent and in the manner set forth herein.
  17. Nothing contained herein will be taken to exclude restrict or modify or to purport to exclude restrict or modify the application of any provisions contained in Part V Division 2 of the Trade Practices Act 1974 or any other consumer protection legislation, the exercise of any of the rights conferred by any such provision or the liability of Quantum for breach of any warranty or condition implied by such provision. However, if Quantum breaches any such warranty or condition, its liability for breach will be limited (where permissible by the Trade Practices Act and any other relevant consumer protection legislation) to:
    1. in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired - whichever Quantum sees fit to provide; and
    2. in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again - whichever Quantum sees fit to provide.
    3.  The following terms are defined as follows:
  18. “Technology” includes:
    1. Email Marketing;
    2. Ecommerce;
    3. Content Management;
    4. Distribution Tools
    5. Social Media Platforms
    6. Any other applications provided by us or our contractors to you under an application service provider (“ASP”) delivery model.
  19.  “Retained IP” means
    1. Any intellectual property that, in isolation, is either previously existing, previously developed by us or our contractors, generic in nature, licensed to us or our contractors for reuse or freely available in the public domain, including reusable code, scripts, libraries, stock art, etc; and
    2. Any deliverables, including draft designs, logos, works that are not accepted or paid for by Client.