General Terms & Conditions

1. Definitions
   1. StreamScape means StreamScape Services Pty Ltd, ABN 79 641 145 959.
   2. System and Website are used interchangeably unless the context clearly implies otherwise, and mean the business system and related services, including any associated website built for you by StreamScape.
   3. Acceptance is that date on which you authorise your website and/or system to go live, or 14 days after we notify you that it is ready to go live, whichever is the soonest.
2. Service Description
   1. The service description is dependent on the specific product or service you have applied for, and may be dependent on a particular quotation or offer.
   2. Due to continued development, the scope of services supplied is subject to change without notice.
3. Confidentiality
   1. StreamScape agrees to treat as confidential your business information, strategies, details of inventions, marketing ideas and the like that you may have disclosed to us.
   2. Your confidential information will not be disclosed to any other parties unless:
      1. with your express permission, or
      2. you instruct us to include such information on your website, or
      3. such information enters the public domain and is no longer confidential, or
      4. it is necessary to do so in order for us to provide the service you have engaged us to provide. In this case, any such third party will also be bound by the same agreement to confidentiality, or
      5. We are legally obliged to do so.
4. Privacy And Security
   1. Your user names and passwords are confidential, and will not be knowingly disclosed to any other party. Where you have lost or forgotten your user name and/or password, a new logon will be allocated and disclosed only after suitable identification.
   2. We are committed to protecting your privacy. No details that will enable any person to be individually identified will be disclosed to any third party, other than to the extent necessary for them to be able to deliver a required service to you.
   3. Access to Commercial Credit Information (Section 18 Privacy Act 1988). For the purpose of assessing any application for or granting of credit, you consent to StreamScape obtaining a report containing information about your commercial activities or commercial credit worthiness, as well as relevant personal information on all directors and/or partners, from a business which provides information about the commercial credit worthiness of persons and/or businesses.
   4. In the course of providing support and/or during the course of system maintenance, system upgrades and/or trouble-shooting, StreamScape may access your personal correspondence stored on our servers.
5. Intellectual Property / Copyright
   1. Ownership of the copyright of your website’s content is vested in you; that of the operating platform itself and associated code is vested in StreamScape and/or relevant third party providers.
   2. A lien exists on your domain name, intellectual property and copyrighted content in StreamScape’s possession until such time as all outstanding debts have been paid.
   3. You warrant that you are the lawful owner/licensee of the Copyright on all material that you publish on your website, provide to StreamScape for publication, or that you authorise StreamScape to use in the construction of your business system and/or website.
   4. You agree to indemnify StreamScape from all action arising from your use of copyrighted content on your site.
   5. In the event that outstanding debts have not been fully paid, your copyrighted content or intellectual property subject to lien may be sold to recover such outstanding debts.
6. Acceptable Use Policy
   1. You must not use the Service to gain unauthorised access to any computer, system or network.
   2. You must not use the service in a manner which may interfere with the operation of the Service, or any other computer, system or network, or that interferes with the rights of other users.
   3. In using the Service, you must not break any laws or infringe the rights of other persons.
   4. You agree not to publish offensive, misleading or illegal content.
7. Mail Services
   1. Your use of mail services must comply with relevant Australian anti-spam and privacy legislation.
   2. Continued access to your email service is governed by our Acceptable Use Policy:
   3. The volume of data passing through your mailbox may be monitored, and where excessive traffic is detected we reserve the right to apply additional charges commensurate with the excess traffic.
   4. If any abuse of the mailing service is reported or detected, we reserve the right to terminate such service without notice.
   5. If as a result of your abuse of any part of the mailing service, any of StreamScape’s servers are blacklisted as the source of spam or otherwise disabled, you agree to indemnify StreamScape for any costs and losses so incurred.
   6. To conserve space email messages left on our mail server are subject to deletion without notice. Unless
      otherwise agreed this applies to messages older than 14 days.
   7. Stored emails may invoke additional fees for excess storage space.
8. Contract Duration And Termination
   1. You may cancel your subscription at any time by giving at least one month’s notice in writing, at which time any applicable cancellation fee will apply.
   2. Upon termination, your copyrighted property will be returned to you on request, subject to any outstanding fees being paid in full. StreamScape may at its sole discretion charge fees for any time and other costs incurred in recovery and return of such property.
   3. Returned content and data will be in its raw form, and will not include content or functionality that depends on Streamscape’s proprietary systems to operate or to be displayed.
   4. In the event of your early termination all subscriptions covering the balance of the minimum period become payable in full.
   5. StreamScape reserves the right to terminate, suspend or disable any service without notice or compensation for non-payment of fees. StreamScape will not be held liable for any losses or costs you incur as a result of StreamScape exercising this right.
   6. StreamScape is entitled to charge a reconnection fee at its sole discretion.
9. Help and Support
   1.  Free support is defined as:
      
      1. telephone help to set up mail services
      2. email and system password recovery
      3. queries about using StreamScape products and services
      4. ad hoc explanations as to using StreamScape systems
      5. sundry services such as adding email aliases, modifying DNS entries and the like
      6. rectification of bugs in standard StreamScape systems
   2. Chargeable support includes, but is not limited to:
      1. investigating and /or rectifying user errors
      2. User-specific training
      3. ad hoc website modifications and/or content changes
      4. investigating and/or rectifying problems arising from third party providers that are beyond StreamScape’s control
      5. rectification of bugs in custom code, after the expiry of the warranty period
      recovery and/or retrieval of lost, corrupted or backed up data
   3. You authorise StreamScape to charge for billable support that you request. Such fees will be charged at our ruling billable rate shown in our Standard Price List, paid for through your nominated payment method.
10. Warranty
    1. Defects identified and brought to StreamScape’s attention within 90 days after acceptance will be rectified at no charge, after which any rectification work will fall under the heading of Chargeable Support.
    2. You agree to indemnify StreamScape for any costs incurred as a result of any such defects.
11. Third Party Services
    1. Certain third party services including but not limited to Google Analytics, payment gateways, hosting services and merchant facilities may have their own terms and conditions of usage which may take precedence over any provisions herein.
12. Payment Terms
    1. Certain services may require either pre-payment or a deposit, as set out in the relevant proposal. Work will not proceed until receipt of such payment.
    2. Recurring, Billable Support and incidental payments are to be made by either credit card debit authority or direct bank debit authority, signed by you, unless prior alternative arrangements such as a trading account have been agreed to and put into place.
    3. If you wish to open a trading account you are required to complete our Credit Application. Acceptance of your application is subject to relevant credit checks. Work will not commence until your deposit has been received and your application for credit has been approved.
    4. Where a trading account has been established, payment is 14 days from data of invoice unless otherwise agreed in advance.
    5. Where you pay by direct deposit, payment to be made to the bank account as described on the relevant invoice, citing the relevant reference number as shown on that invoice.
    6. You agree to indemnify StreamScape against all costs incurred in the recovery of outstanding amounts owing.
    7. Payment for recurrent subscriptions will commence immediately a contract comes into force, and are payable in advance through your nominated payment method.
    8. Our official Tax Invoice will be sent to you as a matter of record for pre-payments and direct debits.
    9. Any claims or disputes must be submitted to StreamScape within 14 days of the date of the disputed invoice, failing which you acknowledge the debt as shown on the invoice.
    10. Compound interest is payable on all outstanding accounts at the rate of National Australia Bank unsecured overdraft rate plus 1% per annum. Interest on outstanding amounts will apply from the due date of the invoice.
13. Refunds Policy
    1. Subscriptions paid in advance are non-refundable.
    2. Pre-paid services, such as SMS messaging, are non-refundable.
14. Publicity and Marketing
    1. You agree to links and reference to StreamScape being included on your website. Such links will be unobtrusive and make reference to the fact that the site was designed, built and/or is powered by StreamScape.
    2. You agree to allow StreamScape to publicise your website by way of links, screenshots and any similar content on the StreamScape website.
15. Browser Compatibility
    1. Whilst StreamScape make reasonable efforts to ensure your website will function properly on the most widely used web browsers such as Firefox, Chrome, Safari, Explorer and Firefox, no guarantee is given that your website will function on all browsers, operating systems and browser versions.
    2. StreamScape websites are not guaranteed to operate on obsolete browser versions or non-standard browsers.
16. Service of Notices and Correspondence
    1. Notices and other correspondence that are served by post or by email will be sent to the address/es shown on your Service Acceptance and Project Scope form, or to your new address as advised by you.
    2. You are required to notify StreamScape of any change of your address within fourteen days of such change taking place.
    3. Where any Directors Guarantees are in force in conjunction with an agreed Trading Account, you are required to notify StreamScape of any change of your Directors and/or business ownership within fourteen days of such change taking place.
17. General Conditions
    1. Your signature on our Service Acceptance and Project Scope document, by written instructions to proceed
       with work and/or your signed Direct Debit Request constitutes your acceptance of these terms and conditions.
    2. Whilst StreamScape makes every reasonable endeavour to provide continuity of service, you will not hold us liable for any loss of income or consequential damage in the event of failure of that service.
    3. StreamScape are not liable for the content of your website, emails or newsletters that you transmit using our systems. You agree to indemnify StreamScape against any claims and other costs arising therefrom.
    4. Minimum charges may apply, as set out on our most recent Standard Price List.
    5. StreamScape has certain rights to intercept data being transmitted, remove content or monitor your use of the Service, for the purposes of complying with its legal obligations.
    6. Where StreamScape is required to take such steps to comply with any relevant code of practice or by the directive of the Australian Broadcasting Authority, you agree to indemnify StreamScape for any costs so incurred.
    7. StreamScape has the right to disable, without notice, any site or service that breaches our Acceptable Use policy or these Terms and Conditions. You agree to indemnify StreamScape for any costs incurred as a result of that breach.
    8. These Terms and Conditions are subject to change without notice. It is therefore recommended that you
       regularly refer to our current Terms and Conditions, which are available on our website and as a printable PDF document, on request.
18. Jurisdiction
    1. This agreement is governed by the laws of Victoria, Australia and the parties submit exclusively to the courts of that jurisdiction.

Terms and Conditions revision 2.0.1.  Last updated June 01, 2020.