AMPLE TECH TERMS OF SERVICE

Welcome to our Website. In these terms and conditions, “we”, “us” and “our” refers to Ample Tech Australia Pty Ltd 45 631 753 878.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. By browsing and using Ample Tech you agree to be bound by the following terms and conditions.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

DEFINITIONS

Ample Tech refers to Ample Tech Australia Pty Ltd (ABN45 631 753 878) and includes references to “we”, “us” and “our”.

Ample Tech Services or Services means the web and software services provided by Ample Tech to the customer as contained on the Website which are provided pursuant to these terms and conditions.

Copyright means:

• any copyright under the Copyright Act 1968 (Cth);
• any copyright under the law of a country other than Australia; and
• rights in the nature of, or analogous to, the rights in 1.1(a)(i) and 1.1(a)(ii) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).

Customer means any customer of Ample Tech who uses Ample Tech’s website and/or subscribes to Ample Tech Services and includes references to “you” or “your”.

GST means the term as defined in the A New Tax System (Goods and Services Tax) Act 1999.

Intellectual Property includes trade marks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former.

Privacy Policy means Ample Tech’s Privacy Policy located on our Website which forms part of these terms and conditions.

Subscriber Customer means a Customer who also pays the Subscription Fee for the Ample Tech Services.

Subscription Fee means the subscription costs for the Ample Tech Services which can be located at http://ampletech.com.au/pricing/.

Subscription Term means one month, subject to the renewal clause 42.

Tasks has the meaning proscribed in clause 6.

Website means https://ampletech.com.au/ as updated from time to time.

WEBSITE ACCESS TERMS

Our Ample Tech Website

1. You must be over the age of eighteen (18) years to use the services from our website. By proceeding to browse through our website and use the Ample Tech Services, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that the Subscription Fee notified on our website is current.  Our Subscription Fee and price lists can be accessed from our home page and we reserve the right to amend our Subscription Fee at any time.  If you registered as a Subscriber Customer and our Subscription Fee is amended prior to the Services being confirmed, We will use our best endeavours to fulfil the Services for the price listed for that billing month.
3. We reserve the right to change, modify, add or remove portions of our Website and these terms and conditions at any time. You agree that is it your responsibility to ensure you are aware of any changes to our site. We will use our best endeavours to highlight significant or substantive changes where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance of these terms.

Ample Tech’s Services

4. Customers pay the Subscription Fee to Ample Tech to receive the Ample Tech Services listed on our Website. These services include, but are not limited to:
5. Marketing services;
6. Development services, including Web development, mobile App development and customised technological development services;
7. Design services, such as UI/UX design, Website design;
8. Software consultancy services.
9. We do not require a detail scope of work before We can commence work on the Ample Tech Services. Customers can contact our support staff or provide their general request and concept, upon Which we will contact the Customer to commence the appropriate Services.
10. Tasks: Our digital Services offering is rate-limited using tasks. Tasks are also referred to on our Website as JIRA tickets or tickets. Tasks are assigned via the Website using the customer portal or via email to the assigned Ample Tech project manager.
11. Tasks can be assigned to Ample Tech that are derived from other separate written agreements, including but not limited to marketing, development and design Services.
12. Task are derived from Customer instructions. Tasks that are broadly defined will be broken down into smaller completable Tasks or sub-Tasks by the Ample Tech project manager to be agreed to by the Customer.
13. Tasks are completed based on the priority in which they are assigned (“Queue”). We will move to the next Task in the Queue if there is insufficient information or access permissions allocated to the present task (for example if we have not been granted login permissions). If sufficient information is provided during completion of the next Task in queue, the Customer will be notified and provided with the option to resume the first Task or to continue the current Task.
14. Subject to Clauses 10 and 11, We use our best endeavours to complete each task within 72 hours. Ample Tech do not provide any warranty that Tasks will be completed within the expected timeframe and Task completion may be delayed.

Support hours

11. Ample Tech’s ordinary business hours are Monday to Friday 9am – 5pm (AEST).
12. Ample Tech do not provide any Services, including any urgent support Services contemplated under this Agreement, on weekends or Australian public holidays subject to any exceptions notified in writing to the Customer by Ample Tech. Any Task or Service request that is lodged or returnable during this time will be extended to the next available business day during our ordinary hours.

Design Services

13. The Customer may request an unlimited number of revisions for all design Services provided that the requests are made within the Subscription Term.
14. If a Design request is currently in process after the Subscription has been cancelled, we will continue to process the current request up until the 31^st day of that month.
15. Ample Tech expressly excludes all warranties and liability for any design Services that are provided to the Customer, whether complete or incomplete, in accordance with clause 14.
16. Upon full payment for that months Subscription during the Subscription Term, or delivery of Services in accordance with clause 14, all Intellectual Property rights contained in the design assets created or modified by Ample Tech by way of the Services shall be assigned to the Customer. Ample Tech reserves the rights to abstain from assignment of any Intellectual Property rights contemplated under this clause in the event of a material breach of these terms and conditions.

Marketing

17. Ample Tech will use its best endeavours to ensure that our Services comply with all applicable third party terms and services.
18. The Customer and Ample Tech may reach an independent agreement as to key performance indicators for its marketing Services. Ample Tech cannot provide any specific outcome guarantee for its marketing Services. Various factors beyond Our control including competitor activity, industry landscape, platform changes, macro-economic events, Force majeure may substantially impact marketing activity and Service results.
19. Ample Tech provide monthly reporting updates. The monthly reporting updates are contingent upon the Customer granting Us continued access rights to the platforms which we are requested to manage and report on.
20. The Customer must provide all necessary materials, content, information and access permissions We reasonably require in order to provide the Services in a timely manner. Ample Tech expressly exclude all liability for provision of any time sensitive marketing Services before a deadline specified by the Customer.
21. Ample Tech expressly exclude all warranties and disclaim all liability to any third party platform or terms and conditions. The Customer agrees that they are accept all responsibility to ensure that the Services received from Ample Tech are suitable and comply with the terms and conditions of any third party platform, website or service.

Development Services

22. Ample Tech offers free website hosting to all Subscriber Customers. Our website hosting Services utilise bare-metal servers located in Sydney, Australia.
23. If your website hosting Services go down the Customer may issue an urgent support request. We are unable to provide urgent resolution to any request that is made on the dates contained in clause 12.
24. In order to be eligible to use the free website hosting Services specified in clause 22, the Customer must remain a Subscriber Customer and continually use our Services at least once within 12 months from commencement of the Subscription. Ample Tech may issue a notice that We will cease providing the hosting Services for the Customer’s website if the Customer breaches this clause 24.
25. Whilst Ample Tech takes all precautions to ensure that all code is compliant, clean and well-documented, there may be circumstances where the Services do not perform the intended task as developed and tested on development and staging environments. We attempt to mirror the live environment of our Services to the best of our endeavours; however, we cannot account for all instances where the development services.
26. Ample Tech will not allow Customers to host on Our servers any offensive, illegal or inappropriate content. This includes:
27. Cryptocurrency mining;
28. Bulk data storage in excess of the server’s limitations set by Ample Tech.
29. Bulk mail or spam;
30. Gambling;
31. Pornography or excessive nudity;
32. Racial content or hate crimes;
33. Graphic violence and self-harm;
34. Criminal activity;
35. Transmitting viruses or malicious code to our servers or others;
36. Content that infringes intellectual property and copyright of others or allows copyrighted material to be illegally distributed to others;

Ample Tech reserves the right to immediately terminate the Customers use of the Services in the event of an actual or suspected breach of this clause.

27. If we provide the Customer with code subject to our development Services and the Customer subsequently cancels their Subscription during the Subscription Term, we will continue to provide ongoing support for up to 60 days from the date of Termination. Support for suspended Subscription Customers must not exceed 120 minutes of Service. This warranty provided under this clause 27 is immediately voided in the event that Customer modifies or changes the code provided or if Termination is due to a breach of these terms and conditions.

Website Service Descriptions

28. We strive to ensure that our services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
29. Images on our website have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to the Services.

Website Disclaimers

30. Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose of our Services.
31. We take all due care in ensuring that our Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
32. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other companies. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Site Access

33. When you visit our website, we give you a limited licence to access and use our information for personal use.
34. You are permitted to download a copy of the information on the website to your computer or phone for personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our Intellectual Property Rights.
35. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without Ample Tech’s written permission.
36. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

37. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only. We take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
38. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any Intellectual Property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

AMPLE TECH SUBSCRIBER ACCOUNT TERMS

Registration and Account security

39. We reserve the right to make parts of our website and the Ample Tech Services accessible only to Customers who have registered as a user of Ample Tech’s website and signed up as a Subscriber Customer.
40. Upon registration you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password to the website. We will not be liable for any loss or damage incurred as a result of your failure to comply with your security obligations under this clause.
41. In order to register an account with Ample Tech you must agree to these Terms and Conditions and provide us with:
    • A valid email address;
    • Accurate billing and contact information (including your street address and the name and telephone of your authorised billing contact); and
    • Any other such information Ample Tech may require to verify your account.
42. We reserve the right to accept or reject any application for registration of an account as a Subscriber Customer with the Website at our discretion.

Payments

43. The Ample Tech Subscription Fees are payable upfront from the commencement date and thereafter payable monthly on the Subscription anniversary date of each calendar month, or if Subscription commences on the 31^st date of a Month, on the last date of each Month. Subscription Services are pre-paid upon receipt of the Subscription Fees for the following month.
44. Upon payment the Subscription Term extends on a month-to-month basis, and automatically renews upon the payment of the monthly Subscription until terminated in accordance with these terms and conditions.
45. To the maximum extent permitted by law the Subscription Fees are non-refundable once payment has been processed. Ample Tech will not provide a partial refund for any Subscription Fees in the event that the Services are terminated before the end of the Term and billing cycle. Nothing in this clause is intended to affect any right afforded to a Consumer under Australian Consumer Law.
46. Payments are processed through the third-party payment gateway Stripe (STRIPE PAYMENTS AUSTRALIA PTY LTD ABN 66 160 180 343) and payment terms are subject to Stripe’s terms and conditions and privacy policy.
47. While Stripe employs secure technology for transactions for transactions with our Customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

Suspension

48. If:
    • You breach these terms and conditions;
    • You have defaulted on payment of the Subscription Fee; or
    • You have breached any applicable laws

Ample Tech may suspend your access to the Ample Tech Services and Website and cancel your Subscriber account.

49. If your account has been suspended you may contact Ample Tech at [email protected] to request reinstatement of your account once you have rectified the actions specified in clause 48 above to the reasonable satisfaction of Ample Tech.
50. If your account has been suspended for breach of the terms and conditions in accordance with Clause 48 you may not register a new account or access the Ample Tech Services through an account owned by another Customer in order to circumvent the suspension. If Ample Tech reasonably suspect that you are in breach of this clause we reserve the right to immediately suspend the account which you have used.

Account removal

51. A Customer may request to delete their account at any time provided that the Customer has paid all outstanding Subscriber Fee invoices to Ample Tech.

Termination

52. The Customer can terminate the Term of their Subscriber Services by providing written notice to Ample Tech at any time to [email protected] or by manually cancelling their subscription in the Ample Tech customer portal prior to the next billing cycle ending for the prior month. There is no minimum notice period required under this clause.
53. If the Customer terminates the Subscriber Services pursuant to clause 54, the Subscriber Services shall continue up until the end of that billing period, being the last day of that month.
54. Ample Tech reserves the right to immediately terminate the Subscriber Services, for any reason, by providing 3 business days written notice to the Customer.
55. Ample Tech may immediately terminate these terms and conditions upon the following events:
56. A breach of these terms and conditions;
57. In the case of a natural person, an event of bankruptcy; or
58. In the case of a Corporation, an event of insolvency or appointment of a liquidator.
59. The obligations contained within the indemnity clauses will survive termination of these terms and conditions.

Services Intellectual Property Ownership and Use

57. Unless agreed separately in writing between Ample Tech and the Customer, all works completed after provision of the Services and payment of that months Subscription Fee shall at all times be the sole and exclusive property of the Customer.
58. By uploading material to our website and agreeing to use our terms and conditions, the Subscriber Customer hereby grants Ample Tech a perpetual, irrevocable license to use the Customer uploaded material for the purpose of providing the Ample Tech Services and any additional services specified in these terms and conditions or on the Ample Tech Website.
59. All registered trademarks and copyrights of Ample Tech specified in the Services will remain the Intellectual Property of Ample Tech. Where identified on any works provided to the Customer, Ample Tech hereby grants an irrevocable, worldwide license to any trademark and copyright of Ample Tech contained in the Services delivered to the Customer upon payment of the relevant periods Subscription Fees.

GENERAL TERMS

Ample Tech’s Intellectual Property Rights

60. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
61. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.
62. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through our Website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
63. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
64. We respect the Intellectual Property Rights of our Customers and take protection of our Customers Copyrights very seriously. If a Customer thinks that any Ample Tech material uploaded to our website has been copied in a manner that constitutes copyright infringement or believes that a Customer has uploaded Customer material that they are not the sole owner of or authorised to upload to our Website, you may notify our team at [email protected]. Our team endeavours to investigate it’s claim within 14 days. To assist us with your notice please provide:
    • A description of the copyrighted work which you claim is infringed;
    • A link to the copyright which you claim is infringed
    • A statement by you that you have a good faith belief that the material located on the Ample Tech website is not authorised by the copyright owner;
    • A physical or electronic signature of the person authorised to act on behalf of the exclusive copyright holder whose rights have been allegedly infringed.
65. Upon completion of an investigation, if Ample Tech determines in their reasonable opinion that a third party’s Intellectual Property Rights have been infringed Ample Tech will immediately remove that material from the Ample Tech website.

Statutory Guarantees and Warranties to Consumers

66. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.
67. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    • We will repair or replace the goods or any part of them that is defective; or
    • Provide again or rectify any services or part of them that are defective; or
    • Wholly or partly recompense you if they are defective.
68. To the maximum extent permitted by law, Ample Tech’s liability for any breach of Schedule 2 of the C&C Act is limited to; the supplying of the goods or services again; the replacement of the goods; the payment of having the goods or services supplied to you again.
69. While Ample Tech uses their best endeavours and takes reasonable steps to ensure that their Services are free of any bugs, faults or errors in the code, there may from time be unforeseen errors and circumstances that cause issues or faults in the Services provided that are beyond the control of Ample Tech. The works provided by Ample Tech are provided on as “as is” basis with all faults, without warranty of any kind except as expressly provided for under these terms and conditions and the Customer agrees that that they use any works delivered under these terms and conditions at the Customer’s sole risk.
70. To the maximum extent permissible by law, Ample Tech do not make and hereby disclaim all express, implied and statutory warranties including implied warranties of condition, uninterrupted use, accuracy of data and information presented, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights and warranties (if any) arising from a course of dealing, usage or trade practice.

Limitation of Liability

71. If you are a consumer within the meaning of the C&C Act this clause has no effect whatsoever. If you are not a consumer within the meaning of Schedule 2 of the C&C Act this clause applies to you. If you are not a consumer:
    • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Services again or payment of the costs of having those Services supplied again.
    • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from Services we have supplied.
    • We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
72. We do not endorse or accept any liability for anything contained in the Comments of a Customer or in any form of communication which originates with a Customer and not with Ample Tech.
73. To the fullest extent permitted by law, Ample Tech, it’s officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability to each Customer for any consequential loss in connection with these terms and conditions, provision of the Services or use of the Website by the Customer.
74. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

Indemnity

75. Customer’s Indemnity: By accessing our website, each Customer agrees to indemnify and hold Ample Tech harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or the Ample Tech Services in addition to any additional indemnities contained in these terms and conditions.
76. Third Party Intellectual Property claim Indemnity: By accessing our website and using our Ample Tech Services to upload material a Customer agrees to indemnify and hold Ample Tech harmless from all claims by third parties arising from uploading any Customer material which violates or infringes the Intellectual Property Rights or privacy of any third party.

Force Majeure

77. If a Force Majeure event causing delay of the Ample Tech Services continues for more than thirty (30) days, Ample Tech may terminate these terms and conditions by giving at least seven (7) notice to the affected Customer. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Notice

78. Any notices or other communications between Ample Tech and the Customer will be provided electronically and given via email, the Ample Tech Website, email or messaging service such as SMS.

Severability

79. If any provision of these terms and services are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and services and remainder of the provision in question will not be affected.

Jurisdiction

80. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
81. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Dispute Resolution

82. In the event of a dispute arising between the parties in respect of these terms and conditions, each party covenants with the other in good faith to take all necessary steps to resolve the dispute. The parties agree that they must not commence court or arbitration proceedings in relation to a dispute unless that party has participated in mediation in accordance with clause 84.
83. In the event that the parties are unable to resolve the disputes internally within a reasonable period having regard to the nature of the dispute, then either party may apply to seek an amicable settlement of the dispute by mediation by giving the other party written notice specifying the nature of the dispute.
84. The Mediation shall take place in New South Wales, Australia. If the parties cannot agree on the procedure to be adopted in mediation of the dispute, timetable for the dispute or the identity and fees of the mediator, then either party can apply to the president of The Law Society of New South Wales to appoint a mediator and determine the mediator’s fees and proportion of fees payable by each party.

Privacy

85. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
86. We are required to obtain personal information from you, including contact information such as address and email address in order to provide the Ample Tech Services.
87. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page at https://www.ampletech.com.au