Definitions All defined terms in this Agreement have the meaning assigned to them by the Definitions set out herein:
ABN means Australian Business Number, as defined by A New Tax System (Australian Business Number) Act 1999 (Cth).
ACN means Australian Company Number, as defined by the Corporations Act 2001 (Cth).
Client means an entity or person acting in their own capacity or on behalf of and with the authority of an account holder of the White Peak Digital website, requesting Services. If a Client is requesting Services on behalf of their business, employer, or other organisation, then the Client is taken to have been duly authorised to act on behalf of their employer or that entity, and this Agreement will be binding on that person or entity as well.
Contractor means any person or entity proposing to complete the Services upon instruction of the Client.
Confidential Information means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, User information (including Personal Information), and pricing details.
Cookies means small files which are stored on a user’s computer. They are designed to hold data (including Personal Information) specific to a particular User and website and can be accessed either by the web server or the User’s computer.
Default means that a party is in breach of these Terms and Conditions.
Parties means any Contractor or End User.
Personal Information means information that could be used to identify a person, including but not limited to name, address, date of birth, occupation, driver’s licence details, electronic contact details (such as email, Facebook or LinkedIn details), and other contact information (where applicable), and Cookies. For the avoidance of doubt, an ABN or ACN is not Personal Information, but may be Confidential Information.
Services means the work completed by a Contractor at the request of a Client including but not limited to a project, assignment, job, task, work, or requirement for some other kind of service.
User means any user of the White Peak Digital Website, which may include the Contractor, Client, or any other person.
Website means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.
Website Care Plan is a subscription-based service by White Peak Digital offering ongoing maintenance, updates, security checks, and support for a client’s website to ensure optimal performance and functionality.
Website Support Hours is the designated amount of time allocated within a Website Care Plan package for addressing specific client requests, responding to queries, making website updates, or performing other development-related tasks. These hours are distinct from the routine maintenance and security tasks included in a Website Care Plan.
White Peak Digital means White Peak Digital Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of White Peak Digital.
- White Peak Digital makes no representation that Services offered through this Website are appropriate, available or suitable. White Peak Digital does not provide the Website on any other basis than “as is”, and does so without any warranty or condition, express or implied. To the extent permitted by law, White Peak Digital specifically disclaims any implied warranties of title, fitness for a particular purpose, and non-infringement.
- If a User intends to transact through this Website (i.e purchase or provide Services) then that User or party agrees and warrants that:
- the User is least 18 years of age;
- the User has the power to enter into this Agreement on behalf of themselves or any natural person or other entity they represent; and
- this Agreement creates binding and valid legal obligations upon the User.
- When making a transaction through this Website, User’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that User’s information can not be read by or altered by outside influences.
- White Peak Digital may collect Personal Information and Confidential Information supplied by Users when a User completes an online form or creates an account to access the Services. Such information will enable White Peak Digital to process User’s transactions efficiently, analyse White Peak Digital’s Website effectiveness, and enable White Peak Digital to provide a higher level of customer service (which may include informative or promotional activities).
- White Peak Digital may also collect the following information/tracking data from Users for statistical purposes; to help White Peak Digital understand how to make the White Peak Digital Website more available and user friendly for Users; and to measure the success of any advertising activities White Peak Digital may undertake:
- IP address;
- the date and time of the User’s visit to the Website;
- clicks and activity on the Website;
- the details of any referring website, if any, which the user clicked to reach the White Peak Digital Website; and
- technical information on a User’s browser, device and operating systems.
- White Peak Digital will only release information about Users if:
- White Peak Digital is authorised to;
- required by law; or
- where required in order for White Peak Digital to facilitate the provision of Services to Users.
- Where information is supplied to any third parties, the information provided will only be sufficient for the third party to perform their services.
- White Peak Digital will not release User’s information for any purpose which Users could reasonably expect White Peak Digital not to release the information.
- Under the Privacy Act legislation, Users can request any information White Peak Digital may hold about them, and also have the right to have any inaccuracies in the same corrected by White Peak Digital. White Peak Digital will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of User’s request. White Peak Digital may ask a User to verify their identity before disclosing or altering any information.
- Users may also have the following data protection rights:
- To access, correct, update or request deletion of Personal Information. White Peak Digital will take all reasonable steps to ensure that the data White Peak Digital collects is reliable for its intended use, accurate, complete and up to date.
- If Personal Information or Confidential Information is collected or processed on the basis of consent, the User can withdraw their consent at any time. A User withdrawing their consent will not affect the lawfulness of any processing White Peak Digital conducted prior to the User’s withdrawal, nor will it affect processing of the User’s Personal Information or Confidential Information conducted in reliance on lawful processing grounds other than consent.
- To complain to a data protection authority about the collection and use of Personal Information and Confidential Information. For more information, please contact your local data protection authority.
- White Peak Digital and their partners may use various technologies to collect and store information when Users use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behaviour such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked.
- They also allow White Peak Digital to collect information such as:
- the recipient’s IP address, browser, email client type and other similar details;
- tracking of Website usage and traffic; and
- reports made available when White Peak Digital sends an email to a User, so White Peak Digital may collect and review that information.
- These cookies do not read a User’s hard drive but may be stored on a User’s hard drive to enable White Peak Digital’s Website to recognise a User when they access it.
- If at any time a User is on a mailing list of White Peak Digital, then the User may request to be removed from the same and White Peak Digital will comply with their request. If there is no unsubscribe button provided, then please contact us with your request using the “Contact Us” section of this Website.
- The contents of this Website are at all times the copyright or trademark property of White Peak Digital, or White Peak Digital’s affiliated third parties, and Users may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of White Peak Digital or their affiliated third parties (each as applicable). Users agree to indemnify White Peak Digital against any claims, costs, damages or losses incurred by White Peak Digital should they breach this clause.
- The display on White Peak Digital’s Website of any advertiser or the provision of a link to third party Websites does not constitute White Peak Digital’s endorsement of either the advertiser or third-party provider or any of their Website content or business practices. White Peak Digital does not have any control of the content of any third party Websites, access to such Websites is at a User’s sole risk, and White Peak Digital recommends that Users thoroughly review the terms and conditions of use and the privacy policies of any third party Website immediately once they access such a Website.
- Specifications and information provided on this Website are given in good faith based on White Peak Digital’s knowledge, experience, or information provided to White Peak Digital, or derived from sources believed to be accurate at the time the information is received by White Peak Digital. Users with concerns about the Services provided through this Website, or their suitability for a particular use may contact White Peak Digital, or should seek further professional opinions.
- Due to the inherent nature of Websites, White Peak Digital does not guarantee uninterrupted or continuous availability of this Website, and Users accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, White Peak Digital shall give Users advanced warning of the same. White Peak Digital shall accept no liability in relation to Website downtime, whether scheduled or otherwise.
- These terms, and a User’s access to the Website, may be terminated by White Peak Digital (at White Peak Digital’s sole discretion) at any time without notice or any requirement to give an explanation to a User. In the event of termination under this clause, White Peak Digital shall have no liability whatsoever (including for any consequential or direct loss a User may suffer).
- This Website (excluding any linked third-party sites) is controlled by White Peak Digital from their principal business premises in Australia. White Peak Digital’s servers are located in Queensland, so User’s information may be transferred to, stored, or processed in Queensland. User’s information can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this Website, the User agrees that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or their use of this Website, irrespective of any conflict with any laws and statutes applicable to their country of domicile.
- White Peak Digital may use cloud technology to store or process Personal Information and Confidential Information, which may result in storage of data outside Australia. It is not practicable for White Peak Digital to specify in advance which country will have jurisdiction over this type of offshore activity. White Peak Digital will be required to comply with the Privacy Act in relation to the transfer or storage of Personal Information or Confidential Information overseas.
- Users acknowledge and agree that the filing of a claim against White Peak Digital (if any) must be made in the State of Queensland in the Court jurisdiction in which White Peak Digital’s principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
- Accessing any material or content from or through this Website which is illegal in a User’s country of domicile is strictly prohibited.
- The User further agrees that:
- The failure by either contracting party to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
- If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- White Peak Digital shall be under no liability whatsoever to Users for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by Users arising out of a Default by White Peak Digital of this Agreement.
- Feedback is provided for the purpose of facilitating the provision of services between Users on the White Peak Digital Website. Users that use this feature agree that:
- Feedback provided by Users on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. White Peak Digital may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate without notice;
- Users may only give feedback that relates to a specific transaction. Users must not post feedback on a transaction that does not relate to that specific transaction; and
- Users must not post feedback about themselves, or include any contact details or Personal Information or Confidential Information in their feedback.
- Neither party shall be liable for any Default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- If a User has any questions or comments, or if they have a concern about the way in which White Peak Digital has handled any privacy matter, they may contact White Peak Digital by using the ‘Contact Us’ details on the White Peak Digital website.
- When engaging with White Peak Digital’s Website Care Plan services, the following conditions apply:
- As a Client, you authorise White Peak Digital, as a Contractor, to execute tasks as per the Website Care Plan you’ve selected. This involves granting us necessary access and “write permissions” to all directories, files, and requisite WordPress plugins for maintenance and security on your hosted site.
- White Peak Digital does not bear any responsibility or liability for the content of the websites under its management, maintenance and/or hosting.
- Payments are automated via Stripe, through Debit/Credit Card or Direct Debit. Although pricing and plans may alter, clients retain their original plans unless migrated to new pricing after a 90-day notice.
- Website Care Plan services can be cancelled with a 7-day written notice. Once a service has commenced, no refunds apply unless otherwise specified in an authorised agreement by White Peak Digital.
- Any Website Support Hours included in a Website Care Plan package do not roll over from month-to-month and cannot be accumulated. Website Support Hours are exclusively for on-site changes to the website with an active care plan.
- White Peak Digital reserves the right to refuse service to entities or websites with offensive, obscene, hateful, or malicious content.
- White Peak Digital provides services “as is” and “as available”, without any warranties. We do not guarantee uninterrupted or error-free services and disclaim any liability for damages including, but not limited to, lost profits, savings, data, or business interruptions due to operational issues or inability to operate the web pages or website.
- For pricing and a detailed list of inclusions in our Website Care Plan packages, visit www.whitepeakdigital.com/care-plans.
Last updated 1 October 2023