Website Terms of Service

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By signing up our order form or proceeding with payment, you agree to the following Terms of Service for the use of Quantum Digital services:


This Agreement is between Quantum Digital Pty Limited, trading as Quantum Digital, ABN: 49 122 902 452, (hereafter referred to as “Service Provider”) and all its subscribers (hereafter referred to as “Client”) unless the context requires otherwise.


The Service Provider, and/or its assignee does not guarantee any type of profit or response from said services.


The Client shall irrevocably indemnify the Service Provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Service Provider and/or its assignee may sustain, and/or to hold the Service Provider and/or its’ assigns harmless to which the Service Provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.


The Website Terms of Service in this agreement is governed by and will be construed according to the laws of New South Wales, Australia.


1. Services

1.1 The Service Provider agrees to provide the Client a website and management service.

1.2 The subscription service and the website platform setup for the Client is available for the Client to use, so long as the subscription payments are made or if the Client arranges a buyout of the service. Please see section fifteen (15) for cancellation details.

1.3.  For the Services described as Instant Websites, or Do It Your Self (DIY) we reserve the right to cancel any draft website if not actively communicating with the Service Provider after 90 days, or if the website has not been published.


2. Service Fee

2.1 The Client agrees to pay the fees that shall be charged to his account as a result of using the Quantum Digital service, including but not limited to:

  1. Subscription fees,
  2. Fees for supplemental services or features,
  3. Additional website customisation, and
  4. Purchases made through the use of the Service.

2.2.  The Client agrees, that subject to any applicable law, fees and charges, the Service Provider's services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.


3. Effective Date

3.1 This Agreement and the Client’s use of Quantum Digital’ services shall become effective on the date the order is submitted by the Client;

3.2 Unless amended or termination notice is submitted by the Client, in accordance with the provisions laid out in Section Fifteen (15), this agreement shall continue to exist and bind the parties under the same terms and conditions as herein agreed.

3.3 For account cancellation, refer to the CANCELLATION POLICY found in section fifteen (15).


4. Method of Payment

4.1 The Client shall provide a valid credit card prior to and during any time the Client receives Quantum Digital Services. Alternately, the client can pay by EFT transfer to the account nominated on the service invoice,

4.2 Any Client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the Client stays on the service,

4.3 While transactions are made via the secure payment merchant of the Service Provider. receipts for the payment transactions will be emailed directly to the Client via our accounts department,

4.4 The Client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options,

4.5 The Client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due,

4.6 Any billing problems or discrepancies must be brought to Quantum Digital’s attention within fourteen (14) days from the date the Client is billed. If the Client does not bring them to the Service Provider’s attention within fourteen (14) days, the Client agrees to waive his right to dispute such problems or discrepancies with the Service Provider,

4.7 Any billing-related questions or to stop a recurring payment from being charged to the designated payment method, changes to names or email or sales/billing information should be addressed to accounts@quantumdigital.com.au

5. Account Termination

5.1 The subscription shall be terminated on the following grounds:

  1. Service fees are unpaid after more than 14 days;
  2. Violation of these Terms Of Service;
  3. Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.

5.2 The Service Provider shall exert earnest effort to notify the Client before terminating the subscription.


6. Warranties

6.1 The Service Provider makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.

6.2 The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.

6.3 The Service Provider shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:

  1. The use or the inability to use the service,
  2. Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service,
  3. Unauthorised access to or alteration of your transmissions or data,
  4. Statements or conduct of any third party on the service, or
  5. Any other matter relating to the service.
  6. The Service Provider shall take all reasonable precautions to ensure database is secure and protected, the Client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our Client’s data except for through the backups of the Clients website which is stored on a ‘best effort’ basis and taken automatically via our Hosting Service.


7. Terms

7.1 The Client agrees to:

7.2 Submit necessary contents to build the ordered website in a timely manner,

7.3 Use the website in a manner that is legal, ethical and in conformity with community standards,

7.4 Respect the privacy of other users in such manner that he shall not intentionally seek data or passwords belonging to other users, nor will he modify files or represent himself as another user unless explicitly authorised to do so by that user,

7.5 Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property, 

7.6 Accept notifications of service changes, commercial email and similar offers presented via email, and

7.7 In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the Client prior to account termination.


8. Assignment

8.1 This Agreement is personal to the Client, and in case of assignment wherein the Client allows someone to use his account, the Client agrees to:

  1. Seek the prior written consent of the Service Provider, and
  2. Remain liable to the Service Provider for any fees due under this Agreement.

8.4 The Service Provider retains its right to assign this Agreement at any time.


9. Design & Content Delays During Development

9.1 The Client shall submit the necessary content to build the ordered website within the project's specified duration build time,

9.2 Our guaranteed delivery timelines of

  1. Twenty (20) business days for Custom Builds,
  2. Fifteen (15) business days for Practice Builds and
  3. Seven (7) business days for Basic Builds

These delivery timetables will no longer apply. When the Client fails to submit the required design or content feedback within 4 working days of the previous submission the Service Provider may either require extra time to complete the task or require extra payment to cover the costs of a prolonged project.

9.3 Development delays caused by the Client have cost the the Service Provider in several ways. Should the Client fail to submit, or finalise the necessary design or content feedback within two weeks from the date of the order, the order shall be placed on hold, and the Client will be required to pay a restart fee of $550 AUD or the difference between current pricing packages and the amount previously paid (if applicable), whichever is higher.

9.4 Should the Client fail to supply necessary design or content feedback within one months from the date of the order, or not respond to requests for this feedback after 3 email requests, the order shall be placed on hold, and the Client will be required to pay a restart fee of $550 AUD or the difference between current pricing packages and the amount previously paid (if applicable), whichever is higher.

9.5 The Client acknowledges that with fixed fee projects, un-budgeted overheads associated with a prolonged development cause losses to the service provider. Unless the Service Provider fails in the obligations set out in these Terms of Service, any material delays borne by the Service Provider and not addressed by this Agreement will also be considered as a Cancellation of the Order. 

9.6  Where a development is delayed by more than two (2) months by the Client, and the website is not live, the Service Provider will request the Invoice the Annual Technical Site Subscription fee.

9.7  The Client understands and agrees to the terms of each offer as specified on the Price Page Furthermore, the design options for BASIC & PRACTICE websites offer are revisions of existing website designs. The CUSTOM website offer requires a detailed design brief that defines the colours, fonts, graphic elements, page sections and layout descriptions required for the Home and key internal pages. A CUSTOM website has three design revisions. Where a design brief is not supplied or agreed with the Service Provider, and initial design can be created from by the service provider, and the client can offer detailed feedback during three rounds of design revisions.

9.8. Extra work required beyond these terms would be charged to the client at a rate of $77 AUD per hour . These are invoiced in prior tot he work taking place and would be charged in five hour increments.


10. Change of Terms and Conditions

10.1 The Service Provider reserves the right to change the terms and conditions of this Agreement as needed,

10.2 The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time,

10.3 Non-acceptance to the new terms and conditions, the Client may terminate this Agreement in accordance with the cancellation policy provided under Section fifteen (15),

10.4 The Service Provider shall give thirty (30) thirty days notice prior to changing subscription rates.


11. Notification of Account Changes

The Client agrees to:

11.2 Provide information relating to the use of this service as deemed necessary or desirable by the Service Provider,

11.3 Notify the Service Provider of any changes to the Client’s address, other locations, email address, telephone number, management or staff or billing information changes.

12. Payment, Refunds, Upgrading and Downgrading Terms

12.1 A valid credit card is required for paying accounts,

12.2 The service is billed at the beginning of each month of subscription and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account,

12.3 For Clients in Australia, the fees include the GST. However, for international Clients, all fees are exclusive of any tax and other duties,

12.4 For any upgrade or downgrade in plan level, the credit card supplied by the Client will automatically be charged the new rate on the next billing cycle provided (7) seven days notice has been allocated to the upgrade/downgrade,

12.5 Any upgrade to a higher support package shall be effective for at least 30 days, except for an upgrade to the highest support package which will be effective for at least 3 months and any request to downgrade therefrom, before the said period, shall only be effective after the 3rd month,

12.6 Clients who are not satisfied with the quality of service can request for a refund so long as the package is purchased on the payment terms outlined on the Medical Website Pricing page, and the request is within the last 21 days. Furthermore, Where milestones have been reached any refund will be discounted based on their achievement in the following fashion: Sitemap - 25%, Design - 25%, and Development - 25%.

12.7 A Client who purchased the website for over 21 days and opts not to continue the website build may be granted credit (minus an administration fee of $275) on the condition that:

  1. The project has not commenced,
  2. The Client has not completed the initial planning session or phone consultation over 20 minutes to kickoff their website build, and
  3. Said credit may only be used on any other Quantum Digital products or services.

12.8 This refund policy exists to protect Clients against the potential of poor work quality. As such, refunds will not be granted for any other reasons including but not limited to; minor content errors, client related delays or failures to keep up with agreed timelines, any changes of mind, closing or liquidation of business, or financial hardship.

12.9 To be eligible for refund, the Client either:

  1. must have maintained prompt and appropriate communications to keep within the agreed timelines and meeting requests, or
  2. must NOT have requested the domain redirected to the new website, as this constitutes acceptance of the services as completed

12.10 Several types of products are exempt from this guarantee including:

  1. Domain Purchases;
  2. CMS Hosting;
  3. 3rd Party Systems (emails, payment, database, marketing);
  4. Outsourced Services; and
  5. Additional third-party integrations billed to the customer separately to the website set-up.

12.11 To request for refund, submission must be made via email to accounts@quantumdigital.com.au and the grounds relating to the request must be clearly stated.

13. 24-Month Refresh Policy

13.1 15% of the total money spent on the Client’s monthly website support package is saved as credit which can be accessed by the client after 24 months.

13.2 Payments for additional support services, such as bespoke hourly support or additional project fees are not included in the computation of credit.

13.3 Credit can be used to either purchase support hours (billed at $66/hr) to refresh the Client’s current website, or to put towards purchasing a rebuild of the website through one of our website build packages (current pricing available is kept up to date at https://www.quantumdigital.com.au/website-pricing). For example, a Client who has spent $3,000 in support payments over the previous 24 months would have $750 worth of credit available ($3,000 “Total Money Spent” / 25%) to use on their website refresh . They could choose to purchase 11 .36 hours ($750 “Credit” / $66 “Hourly Rate”) of development time to refresh the existing website or utilise the credit to order a new build from www.quantumdigital.com.au/website-pricing with a $750 discount.

13.4 Application for a refresh of the website can be made via email to accounts@quantumdigital.com.au.

13.5 By requesting a refresh or rebuild of their website the Client agrees to reset the timeline for buying out their website as described in section fifteen (15); Cancellation & Termination.

14. Account Terms

14.1 The Client must be 13 years or older to use the service,

14.2 The Client or assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted,

14.3 The Client shall provide his legal full name, a valid email address, and any other information requested in order to complete the signup process,

14.4 The Client is the owner of the credit card supplied. If another person or company owns the credit card provided, the Client undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to Quantum Digital, should reimbursement is necessary,

14.5 Login may only be used by one person – additional logins for the same account can be requested by contacting accounts@quantumdigital.com.au,

14.6 The Client is responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the Client to comply with this security obligation,

14.7 The Client is responsible for all Content posted and activity that occurs under his account (even when Content is posted by others who have accounts under the Client’s account),

14.8 The Client shall not use the Service for any illegal or unauthorized purpose,

14.9 The Client must not, in the use of the service, violate any laws. (including but not limited to copyright laws).

15. Cancellation and Termination

15.1 The Client is solely responsible for properly cancelling his account using the Cancel Subscription Form. A phone, email, social media message or any other request to cancel the Client’s account is not considered cancellation.

15.2  Notification, after receipt of an annual subscription invoice is not applicable. Where the Client wishes to vary a standing annual subscription, a 30-day notice period of any change is required.

15.3 Quantum Digital’s Websites are a subscription service. To use the platform setup for the Client at the commencement of this service, the Client must continue to pay the subscription fee or arrange a buyout of the website platform.

15.4 The buyout fee for the first 24 months of service is $2,000 AUD and can be arranged by emailing us at accounts@quantumdigital.com.au . However, the fee drops to $1,000 AUD after 24 months and is reduced to nil after 36 months. The buyout process includes the delivery of website backup files. These files can be used by you for re-hosting on a server of your choosing. We cannot guarantee that all functionality will be the same as this depends on the CMS and version specifications of your new web developer. However, should the Client opt to apply the 24 month refresh (Section 13) the buyout fee resets to $2,000 AUD and will diminish in the same timeline outlined above.

15.5 The Content of the Client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice to Quantum Digital.

15.6 If the Client’s cancellation of service is made seven days (7) before the end of the Client’s current paid up month, cancellation will take effect immediately and there shall be no additional charges thereafter.

15.7 The Service Provider, in its sole discretion, has the right to suspend or terminate the Client’s account and refuse any and all current or future use of the Service, or any other Quantum Digital service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the Client’s Account or his access to the Account, and the forfeiture and relinquishment of all Content in the said Account.

15.8 The Service Provider reserves the right to refuse service to anyone for any reason at any time.

16. Modifications to the Service and Prices

16.1 The Service Provider reserves the right to modify the service (or any part thereof), provided it notifies the Client a minimum of 30 days before doing so,

16.2 Should the Service Provider decide to discontinue the service permanently, it shall ensure that Client has continued use for their website and agrees to notify the Client at least 60 days beforehand,

16.3 Prices of all Services, including but not limited to monthly subscription plans, are subject to change upon 30 days’ notice. Such notice may be provided at any time via email and by posting the changes to the Service Provider’s website,

16.4 The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.


17. Graphic Content, Videos & Fonts - Sourcing & Editing

Images

17.1 Original client images are recommended as they can add heightened authenticity to the website.

17.2 Client supplied mages should be clearly labelled and be as large file size as possible.

17.3 Client supplied Images  hi-res graphic files in many image formats including JPG, PNG, SVG. Image file sizes should be larger than 400 kB in size.

17.4 Most Client supplied images require cropping, colour or tonal enhancing, file size reduction, file type changes and optimising (labelling, tagging) for the web. We budget 10 minutes maximum for image editing per image. Any extra time required for essential editing will incur a fee of $66 per hour or part thereof

17.5 PDF Images (Portable Document File) are not image files. Conversion of PDF files to image files will attract an additional fee $11 per file converted

17.6 The requirement to source, edit and gain client approval of additional imagery, icons or other graphics is a time consuming process. Additional fees can also include licensing fees to copyright owners. Where additional images or graphic files are requested beyond the number specified in the offer, a fee of $66/hour will be applied.

17.7 We will source up to 4 stock images for home page rendering, where further stock images are required or requested, we will change $25 plus GST for these images licences. We typically source stock images from Getty Images, iStock or Shutterstock


Video

17.8 Client supplied video content should be in web ready hi-res MP4 file and of the highest quality possible.

17.9 Client supplied video files should be properly labelled and be less than 200Mb in size.

17.10 Client supplied video files can be served on the website directly from our video host (preferred). Hosting of more than 4 x 200Mb videos on our servers will attract a video hosting fee of $22 per Gb/annum. This fee is added to the normal maintenance fee. The videos can be also linked to your video server (if available). We are not liable for bad links to content served by third party video servers.

17.11 Where any video file requires editing, cropping, labelling, background removal, overlays or other edits etc, we will perform these extra tasks for a fee of $66/hour.

17.12 Where any video file requires re-hosting to a third party service (eg: YouTube, Vimeo etc) we will perform these extra tasks for a fee of $66/hour.

17.13 When a Client requires  the Service Provider to source, edit and gain client approval of additional video content this extra service will attract a fee of $66/hour.

17.14 Additional fees can also include licensing fees to copyright owners. 


Fonts

17.15 The Service Provider offers over 200 Standard fonts. These standard fonts are Google and browser friendly and incur no extra fee. Where we are asked to use proprietary or branded fonts that require additional license fees, these extra fees will be passed to the Client.

17.16 A Font upload and optimisation fee of $66 plus the cost of font (if it is required to be purchased) will be added if we are advised after the initial design process has commenced and/or special fonts are required to be purchased. We recommend limiting the number of fonts used on a website as every extra font used on a web page can add extra load time and hurt a website's performance and visibility online.


Text Content

17.17  After the approval of the Home Page Design Mockups, The Service Provider will progress the website development to include the content as defined in the Approved Sitemap. The content supplied:

  1. should be considered as sample content only,
  2. requires the client to review,
  3. can be personalised, commented on or edited,
  4. can include a superset, so may include inappropriate content (eg: First Visit, Payment Policy, Referrer etc)

17.18  The content to be added can be grouped as:

  1. Clinical - this includes conditions, diagnostics and treatments
  2. Non-Clinical - this includes pages like contact, payments, team profiles, etc
  3. Functional - forms, policies, procedures and case studies

17. 19  The Service Provider undertake to complete the content to be supplied by us within 10 working days and present a Pre Live link for the client to review. The content will either be: drafted specifically for the project or previously created library content. Content pages include up to 880 words per page as a maximum, and requires the approval by the client.


18. Copyright and Content Ownership

18.1 The Service Provider claims no intellectual property rights over the material provided by the Client for use on their website after the website goes live and is maintained under a standard subscription agreement,

18.2 The written content, photos, user data and materials uploaded on the Clients website remain the Client’s property. However, by setting the pages to be shared publicly, the Client agrees to allow others to view and share the Content,

18.3 The Service Provider does not pre-screen content provided by the Client, and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. By supplying the content to the Service Provider the Client confirms that they own the right to publish such content,

18.4 The Service Provider has the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available by the client via the Service.

18.5 Any content drafted for the Client or provided by the Service Provider directly or indirectly is retained copyright © 2010-2024 of Quantum Digital, All rights reserved. Usage of this content is subject to an ongoing  subscription agreement with the Client. 

18.6 The look and feel of the website produced for the Client is retained copyright © 2010-2024 of Quantum Digital, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider after the website is live.

18.7 All website elements supplied (graphic design elements and content) is for the Client use only, it is not to be transferred (sold, lent, rented, given away, gifted) unless you have written approval from the Service Provider. Approval for a transfer request will not be unreasonably withheld were the transfer is for the use of Client and does not extend the usage right to a broader group of beneficiaries after the website is live,

18.8 Intellectual Property rights associated with subscriptions (ie Web Videos) are not transferable and the IP rights in the video subscriptions are retained by the originator,

18.9 All domains are registered in the Client’s name and Australian Business Number (ABN). Clients are asked to split the domains if held in a Quantum account, further renewals are paid by the Client to their new domain registrar. 

18.10 Database rights, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights (in any jurisdiction) in any information, content, materials, data or processes contained in or to this website is retained copyright © 2010-2021 of Quantum Digital, All rights reserved. 

18.11 Access to Hosting Servers, Content Management Systems and Editing Systems does not transfer unless previously agreed,

18.12 The Website Editor or Content Management System is supplied by the Service Provider is under license and is accessible on a software as a service (SAAS) basis while the Client is a subscriber and these rights and access do not transfer with the website content,

18.13 In the event of a Termination (as specified in Clause 15) the Client can seek access to their website’s files for re-hosting elsewhere. This access will not unreasonably be withheld. The Service Provider will supply a Zip file that includes all website images, files, CSS, HTML and JavaScript.

18.14 Further details regarding Intellectual Property Rights.


19. Notices

19.1 All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery,

  1. If delivered by an electronic web-form
  2. If delivered personally to the party to whom notice is to be given,
  3. If sent by electronic mail with a cc: to sender, or
  4. On the third day after mailing by express mail.

19.3 This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument,

19.4 If an organisation is the subscriber, the individual signing up for Quantum Digital services, represents that he or she is duly authorised to enter into this Agreement on behalf of that organisation,

19.5 In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognised Arbitration Board located within the Service Provider’s state and county, before instituting litigation.


20. General Conditions

20.1 The subject headings of the articles and sections in these terms are for convenience only, and shall not affect the construction or interpretation of any of its provisions.

20.2 If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.

20.3 This Agreement constitutes the entire Agreement between the Service Provider pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings.

20.4 No waiver shall be binding unless executed in writing by the party making the waiver.

20.5 The Client’s use of the Service is his sole risk. The service is provided on an “as is” and “as available” basis.

20.6 Technical support is only provided to paying account holders and is available via email, our Online Customer Portal and Telephone.

20.7 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Quantum Digital customer, employee, member, or officer will result in immediate account termination.

20.8 The Client understands that the technical processing and transmission of the Service, including its Content, may be transferred unencrypted and involve

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

20.9 You must not transmit any worms or viruses or any code of a destructive nature.

20.10 Whilst Quantum Digital promises to always work to provide the best service possibly, they provide no warranty or guarantee that;0

20.11 The service will meet your specific requirements and expectations;

20.12 The service will be completely uninterrupted, timely, secure, or error-free;

20.13 Leads, sales, revenue numbers or any other specific business results will be achieved through the use of our service.

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