Terms & Conditions

IF YOU’RE HAPPY, WE ARE TOO!

It is important to have some things written down so that we both know what’s what, who should do what and when, and what will happen in the unlikely event something goes wrong. We try not include complicated legal terms & we have no desire to trick you into signing something that we’ve tried to hide in legalese. However, we do want what’s best for the safety of everyone involved, now and in the future.

INTRODUCTION

Absolute marketing (“We”, “Us” or “Our”) want to remain 100% transparent in our dealings with you (“client”, “Yourself” or “Your”). With this, we want our terms & conditions to be publicly available. Also, for information on our privacy policy, please click here. If you do not understand any of the following or have further questions, feel free to contact us on 1300 000 248.


RESPONSIBILITIES

Absolute marketing are responsible for:

  • Data retention – Absolute marketing will maintain data validity outlined in the contract so long as no third party or your staff have intervened.
  • Response time – Absolute marketing guarantee to respond within the time frames set out in the contract.
  • Software maintenance – Absolute marketing will maintain the software as determined in the contract.
  • Software security – Absolute marketing will maintain the security of your software as determined in the contract to ‘best practice’. (Note: This does not guarantee complete security from malicious activity, Absolute marketing will endeavour to secure your Software to the best of their ability).
  • Hardware/software ledger – Absolute marketing will maintain a hardware & software ledger as we are informed of changes as per the contract.
    Absolute marketing are not responsible for:
  • Software Security – If you have not followed recommendations given by Absolute marketing regarding Software security, we can not be held responsible. However, you must understand there is no perfect solution & regardless, Absolute marketing can not be held responsible unless the incident is directly related.
  • Third Party Software – Absolute marketing will not be responsible for issues arising from software if we are not the developers of this software.
    The Client is responsible for:
  • Staff – You, the client are responsible for your own staff security. Absolute marketing will endeavour to provide updates, information & awareness training. However, leaking of information, passwords or any other data by the client & their staff is solely the responsibility of the client.
  • Minimum Standards – Absolute marketing will work with your current Software. However, if your Software is out of date/not ideal, Absolute marketing will recommend a ‘better’ solution. Should you not take these recommendations, Absolute marketing can not be held responsible for any downtime, extra labour to work with or any other issues that arise due to the current Software.
  • Lodging Service Requests – Absolute marketing will use best efforts to keep everything running smoothly. However, we can not fix what we do not know. If you fail to inform us of issues as they arise, Absolute marketing can not be held responsible for any downtime or other issues that arise from that situation.
  • Third Party Providers – Absolute marketing endeavour to allow access to your Software securely to third party providers. However, we can not be held responsible for third party software/public facing applications that we have not developed. As such, it is the clients responsibility to keep us informed of any changes & work with us.
  • Terms & Conditions – By accepting the terms & conditions outlined on this web page, your employees/contractors also implicitly agree.

 

RECOMMENDATIONS

Absolute marketing will make recommendations to the client based on best practice. It is the responsibility of the client to employ these recommendations and/or give Absolute marketing the ability to implement recommendations. Absolute marketing can not be held responsible for issues that arise from scenarios where the client has not followed our recommendations. Absolute marketing will make recommendations on the following:

  • Software
  • Hardware
  • Public facing web portals
  • Networking
  • Security
  • Software in general


WARRANTY

Absolute marketing provide a minimum one year ‘return-to-base’ warranty on all hardware provided by us as laid out in Australian Consumer Law. All warranties on hardware as specified by the original manufacturer is with them directly & not the responsibility of Absolute marketing. If Absolute marketing has specified a longer warranty period this will be honored. Warranty only covers the diagnostics & replacement of the faulty part, all other labour is charged at our fee as outlined in your contract. There is no warranty on software as laid out in Australian Consumer Law.


BILLING

Absolute marketing send invoices electronically either after completion of each job or as per your contract. For new client invoices must be paid on completion of job via EFTPOS. All other clients have until the end of that month to pay invoices. Please also note:

  • Absolute marketing reserve the right to request 50% deposit for invoices.
  • An extra 1.5% surcharge is levied for Visa/MasterCard.
  • A call-out/travel fee is payable for onsite call-outs, unless included as part of your contract.
  • Due to the variable nature of Software-related problems, unless specifically quoted for, all work performed will be billed for on an hourly basis.
  • Quotes are valid for 7 days from date of receipt


If invoices are not paid within a ‘reasonable’ amount of time as per Australian Law, Absolute marketing reserve the right to send for debt collection or take legal action.


CODE OF ETHICS

Data Ownership:
  • Data is defined as virtual ‘files’, ‘documents’ or ‘software’. All data created or maintained during the period & thereafter where Absolute marketing perform work for you is the sole property of the current owner. All data created or managed by us for the sole purpose of assisting your business or projects commissioned by you, is your property. Conversely, all data created or managed by us that is not for the sole purpose of your business or commissioned by you, is our property.

Intellectual Property:
  • Intellectual property is defined as ‘expressly stated ideas’ or ‘developed software/hardware’. All intellectual property created during the period & thereafter where Absolute marketing perform work for you is the sole property of the current owner. All intellectual property developed by us for the sole purpose of assisting your business or projects commissioned by you, is your property. Conversely, all data created or managed by us that is not for the sole purpose of your business or commissioned by you, is our property.

Employee Protection:
  • Employees are defined as people/staff that work in a ‘full-time’, ‘part-time’, ‘casual’ or ‘contracted’ capacity for the employer (You or Us). Employees employed by you during the period & thereafter where Absolute marketing perform work for you are not to be pursued or ‘poached’ by us. Employees employed by us at any time prior to or during the period & thereafter where Absolute marketing perform work for you are not to be pursued or ‘poached’ by you. This clause applies throughout the commitment period and for a period of twelve (12) months thereafter.


SATISFACTION

Absolute marketing believe in 100% satisfaction. If you are not satisfied with your service please allow us a ‘reasonable’ time to rectify the issue & restore satisfaction. Absolute marketing understand that not all partnerships will work smoothly, as such, we hope that the client & Absolute marketing part ways amicably.


TICKETING

Absolute marketing have a tiered system of delegation as per the ‘Turn-Around Time’ section below. For ticketing please follow these steps as necessary:

  • Non-emergency:
    1300 000 248 (ext2)
  • [email protected]
  • Emergency:
    Follow the ‘Escalation’ steps outlined in your contract.


TURN-AROUND TIME

Absolute marketing have tiered turn-around times tailored to your needs. Absolute marketing prioritizes clients that are on contracts. In furtherance, the following are our priorities:

  • Managed Service Clients.
  • Partially managed Clients. (Basic maintenance/monitoring with no allocated time/pro-active plan)
  • ADHOC Clients. (Only contacting Absolute marketing as necessary)


Absolute marketing appreciates your understanding that if you are in a lower tier, you will not have priority over a higher tier.


INFORMATION

Absolute marketing are responsible for the integrity/security of all information in our possession. Information includes:

  • Passwords
  • Staff/client PII (Personally identifiable Information)
  • Network layout
  • Sensitive client information
  • Banking/credit card information
  • Any other sensitive information as determined by the client


Absolute marketing recommends storing all information in a secure, encrypted location. if data is lost by the client due to lack of security or not following recommendations given by Absolute marketing, we will not be held responsible. Please see our Privacy Policy for more information.


CHANGES TO POLICIES

We reserve our right to change this policy as needed to accommodate changes in requirements, in the law and in technology.