Terms and Conditions

These Terms and Conditions outline the use of services provided by EcoFuser Pty Ltd trading as Infynitee, in addition to any applicable website terms. By using our website (the “Website”), you agree to these Terms and Conditions (the “Agreement”), which constitute a legally binding contract between you (“you,” the “Customer”) and Infynitee (“we,” “us,” “Infynitee”).

Please review these Terms and Conditions carefully. By using our Platform and services, and by accepting the terms when prompted, you agree to adhere to all agreements related to Infynitee’s services, including our Privacy Policy, Cookies Policy, and any other relevant policies. If you disagree with any terms, you should not use our Website.

You must be at least 18 years old to use our website.

About Us

Infynitee provides various services through our website. We are registered under the relevant laws and can be reached at:

• Email: [email protected]
• Phone: +61 2 9642 7189
• Address: 9 Peppercorn Place, Glenwood NSW 2768, Australia

General

1. Customer Responsibility: It is the sole responsibility of the Customer to keep Infynitee updated with any changes in their contact details. Failure to do so may result in service expiry or inability to provide ongoing services.
2. Account Usage: An account with Infynitee is to be used solely by the Customer associated with the account. Individual account holders are prohibited from selling, reselling, storing, or giving away Infynitee services to third parties.
3. Right to Refuse Services: Infynitee reserves the right to refuse services and/or products to anyone. This includes the right to suspend or cancel a Customer’s access to existing services for violations of these Terms or at Infynitee’s discretion if the services are deemed to have been abused or used inappropriately.
4. Notifications: All invoices, quotes, service announcements, and other notifications will be sent to the Customer via email.

Cancellations & Refunds

1. Non-Refundable Deposits: All deposits paid are non-refundable.
2. Pre-Pay Fees: Fees charged on a pre-pay basis are non-refundable.
3. Progress Payments: Payments made during the process of a service are non-refundable.
4. Service Violations: Should a customer violate Infynitee’s terms and conditions, Infynitee reserves the right to discontinue the service immediately with no refund.
5. Service Delivery Failures: Refunds may be given when Infynitee fails to deliver the service as described, at Infynitee’s absolute discretion.
6. Design Sign-Off: Upon sign-off on completed design work, all fees (except the final bill balance) are payable. No cancellations will be accepted on signed-off work.
7. Final Payment: The balance of an invoice, a percentage value determined by Infynitee, is due upon service completion.
8. Software Limitations: The limitations or usability issues of Infynitee’s software do not warrant withholding payment. Additional functionality can be provided for an additional fee.
9. Service Reinstatement: If a service is discontinued due to cancellation or expiry, it can be reinstated within 12 months for a reconnection fee of $49 plus GST.
10. Repeating Services: Cancellation of repeating services requires 30 days’ notice. Bills paid in advance are non-refundable.

Website Design, Development & Support

1. Design Mock-Ups: Customers will receive website design mock-ups based on their design brief. A reasonable number of changes can be requested, typically 2-5 rounds.
2. Property Rights: The website, graphics, and any programming code remain the property of Infynitee until all outstanding accounts are paid in full.
3. Logo Design: If a logo is purchased alongside a website design, it must be signed off before the website design commences.
4. Self-Managed Websites: Infynitee WordPress websites are self-managed. Infynitee is not responsible for any content updates unless contracted to do so.
5. Content Responsibility: Customers are responsible for inserting their own content, products, and images into the website.
6. Support: Free support, FAQs, and manuals are available to assist customers with website updates.
7. Training: Two hours of WordPress CMS training are provided as part of the website design quote. Additional training sessions are billable.
8. Hosting Services: Websites hosted through Infynitee are allocated specific bandwidth and disk space. Additional usage incurs extra charges.
9. Authorship Link: An authorship anchor tag linking to Infynitee’s website is included in the website footer and cannot be removed during the contract period.
10. Warranty: A 90-day warranty covers bug fixes and defects. A 12-month warranty covers hosting issues.

Financial Arrangements for Websites

1. Payment Schedule: Payments are scheduled as follows:
   • 40% deposit prior to work commencement
   • 40% upon final approval of the website mock-up
   • 20% upon project completion and commencement of the 90-day warranty

Graphic Design

1. Deposit and Balance: A deposit is due upon quote acceptance, with the balance due upon final artwork approval.
2. Post-Sign-Off Changes: Further changes after sign-off are quoted and billed separately.
3. Design Concepts: Customers receive design concepts based on their brief, with 2-5 rounds of changes typically allowed.
4. Final Files: Upon sign-off, final design files are provided to the customer.

Domain Registration

1. No Guarantees: Infynitee does not guarantee the availability or successful registration of requested domain names.
2. Liability: Infynitee is not liable for domain name registration, renewal, or transfer requirements if not told from the customers.

Hosting Services

1. Code Hosting: Infynitee does not host code written by others.
2. WordPress Health: Infynitee guarantees the health of WordPress websites for one year when hosted with Infynitee. Fixes outside these stipulations are billable.
3. Billing and Reconnection: Hosting invoices are due within 30 days. Service interruption may result in a reconnection fee.
4. Liability: Infynitee is not responsible for data loss, timeline issues, or third-party content.
5. Compromised Servers: Infynitee will restore websites to their previous state if compromised, but is not responsible for content loss.
6. Contract Termination: Customers can terminate hosting services at any time. Bills paid in advance are non-refundable.
7. Price Changes: Hosting package prices may change without notice. Existing services will not be affected unless otherwise notified.

Transfer

1. Agreement Transfer: This agreement cannot be transferred without written consent from Infynitee.
2. Website Transfer: Websites can be transferred away from Infynitee servers at any time, voiding all warranties.

Taxes

1. Tax Responsibility: Infynitee is not liable for taxes or fees related to sales made by the Customer. The Customer is responsible for all associated taxes and fees.

Hardware, Equipment & Software

1. Customer Knowledge: The Customer is assumed to have the knowledge to maintain their website. Infynitee is not responsible for providing this knowledge without additional services.
2. Compatibility: Infynitee does not guarantee compatibility with the Customer’s equipment or software.

Limitations of Liability

1. No Guarantees: Infynitee does not guarantee uninterrupted or error-free services or product accuracy unless expressly stated.
2. Damage Responsibility: Infynitee is not responsible for system damage, data loss, or any direct, indirect, incidental, or consequential damages.
3. Exclusive Remedies: The Customer’s exclusive remedy is limited to the amount paid during the agreement term.

Disclaimer

1. Liability Limitations: Infynitee is not liable for loss of business, profits, data, or any indirect, special, incidental, or consequential damages.
2. Non-Responsibility: Infynitee is not responsible for damages from service interruptions or errors, except to the extent of pro-rata monthly or yearly charges.

Goodwill

1. Reasonable Expectations: Both parties are expected to act in goodwill regarding achievable outcomes and resource utilization.

Trademarks & Copyrights

1. Customer Warranties: The Customer warrants the right to use applicable trademarks.

Indemnification

1. Liability Indemnification: The Customer agrees to defend, indemnify, and hold Infynitee harmless from any liabilities arising from services provided or products sold.

Governing Laws & Severability

1. Jurisdiction: This agreement is governed by the laws of New South Wales, Australia. All parties submit to the non-exclusive jurisdiction of New South Wales’ courts.

Contract Revisions

1. Agreement Revisions: Revisions to this agreement are applicable to previous contracts and are agreed to upon service renewal.

Pricing Policy

1. Currency: All prices are listed in Australian dollars (AUD).

Updated 13 September 2024