These Terms and Conditions incorporate and overrule our previously named “Website Development Terms and Conditions”.

Terminology

The following terminology applies to this document and any Terms and Conditions, Contract, Privacy Statement, Disclaimer Notice, Agreements, Amendments, or any other document or documents attached:

“Client”, “Customer”, “You”, “Your”, and “Their”, refers to you, the person accepting this document, or accepting this document on behalf of your company and therefore accepting the Company’s terms and conditions.

“Company”, “Ourselves”, “We”, “Us”, “I”, “Me”, “Our”, “Nitor Tech”, “Nitor” refers to our Company, Nitor Technologies Pty Ltd, ABN: 78158981769.

“Contract”, refers to an agreement between Us and the Client for us to complete and deliver the services and/or products outlined in our contract(s) and any services or special instructions specifically for the Client and our Company to adhere to.

“Server” refers to our WHM VPS server(s) held in our suppliers’ Australian based data centres.

In accordance with and subject to prevailing English Law, any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Engagement

All terms refer to the contract, offer, quote, proposal, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services and/or products.

Nitor Tech offers professional services and operates on both a package and/or time & materials basis. The hourly rate is applied to all work carried out on the client’s behalf including but not limited to: making and answering phone calls, writing and responding to emails, attending meetings and/or TeamViewer, Skype or FaceTime sessions, preparing documents, writing up meeting and/or discussion notes, collaboration with colleagues, and research and development.

Other tasks or activities include but are not limited to: building the system/website, managing the quality of deliverables, conducting system validation, refinement of the solution (including bug-fixes), training requirements, system testing, deployment, implementation, and where required, documentation.

Completion of Works

Developments and projects are determined and considered ‘complete’ when the functionality as outlined in any proposal, quote, scope of works, and/or project outline, is of a standard whereby it replicates said requirements and can be utilised in the manner as required. This means if a website development can be set live and the functionality is that as originally intended and defined by the scope of works, then it will be considered complete.

Payment

Any quotes provided are not a warranty of final price. Estimates are subject to change if project specifications are changed, additional features are added which directly incur additional costs, or costs for outsourced services change before the contract is executed and/or completed.

To accept our proposal and quote, and enter the development contract, a percentage of the final pricing is required as a prepayment. For a packaged development this is normally 50% of the total quoted amount. Payment on this itemized amount is non-refundable once works have commenced. The remaining percentage is due on completion of the works and this final payment signifies you accept the works are complete.

Time-based website and software development payment terms are pre-paid. Work will begin once payment is received in full for the time period projected and quoted. Whether this be a total project amount or individual stage increment. Pre-paid hours for ad-hoc development are billed in advance of works and payment is required in advance. Where monthly hours are billed, all unused hours are forfieted at the end of each calendar month.

We accept payment by credit card and direct bank deposit. We no longer accept payment by cheque.

Non-Payment

Website development that has been quoted as a set amount requires the final payment for development to be due on completion of the works. This includes any and all outstanding amounts. In this case, no development will be made ‘live’ and available to the public, and/or no newly created website or software data will be released or any access to website data granted unless payment for all development work is received in full within the terms stipulated. This includes access to any Content Management System, database(s), website files, or any account to any platform hosting this data, or any account that has access to any of this data.

Nitor Tech reserves the right to set a website live during development for development purposes at their discretion. Nitor Tech also reserves the right to reverse this decision at any time prior to payment being received in full.

Hosting is invoiced monthly in arrears, if payment is not received within 28 days of the due date specified on the invoice, Nitor Tech reserves the right to suspend any and all hosting accounts until full payment is received. This may directly affect your website, subdomains, DNS, and email access. Nitor Tech will not be held liable for any loss of emails, data, sales or income, or sales leads directed from your website or emails during this time.

If payment is not received within 90 days of the invoice due date, Nitor Tech reserves the right to:

1. Begin legal action to recover the funds.
2. Cease all current works.
3. Retain all I.P of works unpaid for.
4. Retain access to works unpaid for.

Licencing, Copyright, & Intellectual Property

Nitor Tech’s policy on application development, website development, and future enhancements made to any application or any development code carried out on behalf of our clients to new developments or any existing system, remains the intellectual property, and copyright of Nitor Technologies Pty Ltd, trading as Nitor Tech.

Once the client has carried out extensive User Acceptance Testing (UAT), ‘Signed-Off’ on the development or support work, and payment for all works has been received in full, the client is granted the non-exclusive right to use the intellectual property in perpetuity, and any copyright is therefore transferred. This licence applies to intellectual property that has either been incorporated into a client’s existing software or the software belonging to Nitor Technologies Pty Ltd, in its entirety.

Articles and other publications owned by Nitor Tech may only be reproduced for personal use and copies may only be given to others for their personal use.

Exclusions

Pricing does not include cost of any stock images, external graphic design work that may need to be undertaken, professional versions or subscriptions of any plugins, services or products listed as “Extras”, or any licenses that may be required. If any further licensing or plugin costs are required due to specific requests or otherwise required, notification will be provided to the Client in writing prior to any additional costs being incurred.

Backups

During development and after development completion, Nitor Tech may conduct backups of any data created. These backups are of the discretion of Nitor Tech and Nitor Tech is in no way required to conduct these whether individually or scheduled. Backups may be stored with or without website files hosted online, locally on LAN systems at our office, or on cloud storage systems, or a combination of all or some. Nitor Tech is not responsible for these backups in any way. It is the responsibility of the client to conduct and safely store backups of their data, whether hosted online by Nitor Tech, held by the client’s service provider(s), or locally stored by Nitor Tech, the client, or the client’s service provider(s) prior to any development work being undertaken and after development work has been completed. Access to this data will be granted where possible as requested within the terms stipulated herein.

Nitor Tech conducts daily snapshots of our hosting servers, however we are not responsible for maintaining scheduled backups of individual hosted cPanel, or any other accounts. We do however provide backup options as extra services.

Clients will be charged an extraction fee should data be requested to be restored/extracted from a server snapshot.

Security

Nitor Tech undertakes regular security checks on our servers, however we are not liable for the security of individual websites or hosting accounts. We are not liable for protection against cyber attacks directed at individual websites, email accounts, or hosting accounts.

You agree that you will not use any of our facilities and/or services to store or transfer malicious content or spam.

Notor Tech reserves the right to suspend or remove any website hosting account found to be either harboring malware or any other malicious scripts or infected files, or used to transfer such malicious scripts or files or similar.

Disclaimer

Any website contract includes an agreement to allow us to advertise your new website and/or system on our website and/or social media channels. This can include your website URL, dashboard and/or homepage screenshot, or both. It also allows us to place a “Website proudly developed by Nitor Tech” notice or similar with hyperlink to our website somewhere applicable on your new website, usually within your footer. If you would like to opt out of this specific arrangement, please email us directly at administrator@nitor.tech with notification.

Nitor Tech is in no way related to the companies: Microsoft, cPanel, WordPress, WooCommerce, Stripe, FileMaker Inc, Claris, or Apple Inc, nor are we endorsed by them in any way.

Nitor Tech reserves the right to make any necessary changes to these terms and conditions at any time.

External Links

Nitor Tech is not responsible for any material contained in any linked site, nor do we endorse or make any representation about the linked site or the organisations referred to on that site.

Spam

Publication of email addresses on this website does not infer consent to the receipt of unsolicited commercial electronic messages.

Contact

Please forward all mail correspondence to the following mailing address:

PO Box 1133, Dee Why, NSW, 2099

For general enquiries, we can be contacted directly at: hello@nitor.tech
Please forward all accounting inquiries to: accounts@nitor.tech
Alternative contact details can be found on our website at https://nitor.tech/get-in-touch/