Terms and Conditions

General

DIGITAL KEY IT SOLUTIONS PTY LTD trading as www.digitalki.com.au conditions apply in exclusion of any other terms or conditions of the Customer. Under no circumstances, any variation to these conditions will be binding on Digital Key or can be included in any contract until clearly accepted by Digital Key in writing.

Estimates

Digital Key quotes a price on an estimated basis. A full brief of plan expectations should be provided beforehand, preferably in writing by the Customer to Digital Key before an estimate is prepared.

Delays can occur under the following circumstances:

In the event, the contract is not signed off in accordance with the schedule.
In the event, additional changes are requested or multiple changes are requested in several rounds.
In the event delays in providing content and material by the customer to Digital Key.

Cost Variations

All prices quoted by Digital Key are on estimation, in the absence of a specific written agreement to the contrary. Digital Key quotations for the project are estimated on the basis of applicable working hours at the current studio rate, plus materials, and any amendment on or after acceptance of the proposal to acquaint any hike or fall in rates or material costs. Any additional charges or costs coming after alterations or additions to the contractual specifications or to project approved previously, charges of the same will be borne by the Customer. Any other expenses arising from any material sub-contracted on behalf of the Customer will be quoted separately.

Consequential Loss

Digital Key IT Solutions Pty Ltd shall not be held responsible for any loss or damage, directly or consequentially, which might occur due to sub-contract of the project with any other person, which is in any way contributing to any delay in performance or completion of any contract between Digital Key IT Solutions Pty Ltd and the Customer, finally resulting in delay and project incompletion.

Customer’s Property

All intellectual property rights in any material supplied and shared with Digital Key by the Customer to assist us in the project remains vested in the Customer and/or its licensors and partners. On completion of the project, all material including database data, graphic design, app content, and app layout remain the property of the Customer.

Any materials created by Digital Key IT Solutions Pty Ltd along with the Modules, Components, Original Graphic Design files, and software supplied by Digital Key IT Solutions Pty Ltd remain the property of Digital Key IT Solutions Pty Ltd and are provided on the license to the Customer for use. The copyright once created or licensed will not be leased, resold, rented, or put to use for any other means other than its intended use. Digital Key IT Solutions Pty Ltd reserves the right to link your application back to Digital Key IT Solutions Pty Ltd.

Initial Work

Work produced, on the experiment or otherwise, upon Customer request is liable to be charged unless agreed in writing. If the Customer intends to terminate the project at this stage, a termination invoice will be drawn up claiming for charge incurred in time exhausted and materials up to this point.

Approval

Final demonstrations will be given by Digital Key IT Solutions Pty Ltd to the Customer for all the approvals before it is out for publishing. When stamp of approval is given by the Customer in the form of a signature upon our approval stamp, it is assumed by Digital Key IT Solutions Pty Ltd to have read all angles of the material demonstrated and to be satisfied with them, noting any exceptions in writing.

Testing

Digital Key IT Solutions Pty Ltd assumes that the material is tested by the customer in full (User Acceptance Testing) before returning the “Sign Off” form to Digital Key IT Solutions Pty Ltd. Hereby Customer understands that any changes made henceforth to the material after the signed form is returned will be liable for charges at applicable rates. We give 60 days trial period after hand over to the customer to intimate Digital Key IT Solutions Pty Ltd of any implementation errors occurrences at this time should be brought into the knowledge of Digital Key IT Solutions Pty Ltd in writing. After 60 days period any changes, regardless of error, will be charged at an hourly rate.

Warranties

Digital Key IT Solutions Pty Ltd provides no warranties to the developed, tested, and proved projects working at the time of hand over and then if it stops working due to circumstances beyond our control. This may include changes to software, hardware, plugins, updates, hosting services, Internet browsers, operating systems, and any other third party products.

In the event that-

The customer apparently becomes insolvent (as per banks definition of Bankruptcy) or makes any arrangement with its creditors, or
petition or a resolution is passed to close up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company), or
A receiver is appointed over the whole or any part of the Customer assets or an administration order is passed for the Customer, or
The Customer ceases to trading, or
Any diligence, distress, execution or other process is levied or enforced against any property of the customer, then in any such event Digital Key IT Solutions Pty Ltd’ shall (without prejudice to any other right or remedy available to it) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

Copyright

The Customer will not submit anything given by Digital Key IT Solutions Pty Ltd’ whose use would curtail an unauthorized dealing with copyright material. In an event of any breach of contract in this condition executing in any unauthorized dealing, the Customer shall remain liable to pay all sums due to Digital Key IT Solutions Pty Ltd under the relevant contract and shall further indemnify Digital Key IT Solutions Pty Ltd against any loss, costs or expenses attributable to such unauthorized dealing.

Digital Key IT Solutions Pty Ltd assumes that all the content applied in the application is proved by the client before the application is launched and any amount of changes can be made by the client before the application launching. Please note that we require a longer turnaround time for Apple app updates than for website updates, due to the process of approval and time required via the Apple App Store.

All copyright and other intellectual property rights in any project created, commissioned, or taken by Digital Key IT Solutions Pty Ltd’ in implementation of any contract between the applier(Digital Key IT Solutions Pty Ltd) and receiver(Customer) party shall remain with Digital Key IT Solutions Pty Ltd until full payment are received. For this purpose, WORK applies and includes any programming, development, graphic/web design, artistic, literary, or dramatic work within the meaning of the (amended) Copyright.

Cancellation & Refund Policy

Digital Key IT Solutions Pty Ltd will not disclose your personal information, except in circumstances in which it is necessary to do so, or where permitted by law. We may disclose your personal information to the following parties:

Only Digital key may, at its sole discretion, allow you to cancel your contract.
Notification of intent to cancel must be provided in writing or by email to info@digitalki.com.au.
Should Digital key approve this cancellation and the customer’s account is not yet active, a cancellation fee of 25% of your invoiced amount will apply. You are responsible for all charges incurred up to the time the account is canceled, including all charges for the month in which cancellation became effective.
Refunds must be approved by management and will be processed within 15 working days.
The daily budget amount that has already been spent will not be refunded under any circumstances.
You must notify Digital Key IT Solutions Pty Ltd if you do not wish to renew your subscription before the end of the contract. Digital Key IT Solutions Pty Ltd will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.
Digital Key IT Solutions Pty Ltd reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Digital key may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

Return Policy

If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not.
You can return a product for up to 30 days from the date you purchased it.
Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt.

Title

Under any contract between Digitalki or Digital Key IT Solutions Pty Ltd and the Customer, ownership of any work provided to the Customer of any other goods delivered under any such contract, will not qualify to the Customer until payment in full of all sums due to Digital Key IT Solutions Pty Ltd under such contract are made. The risk of damage or destruction of any item delivered to the Customer by Digital Key IT Solutions Pty Ltd will pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer must ensure that all such items are adequately insured from the time of delivery.

Intellectual Property will be passed to the customer only after the payment has been received in full and a certificate of Assignment of Copyright will be issued to the customer at this time by Digital key’.

Payment

Payments are to be made by the Customer at the commencement of each stage. The full balance should be settled within 7 days after each invoice.

Payment (Maintenance)

Maintenance rates are applicable if one of the following is met:

The original application is created and paid in full.
Otherwise given in writing by a Digital Key IT Solutions Pty Ltd representative. Maintenance will be charged out at the hourly rate of $20 and will be charged at half-hourly. A minimum charge of one and a half hours will apply.
The client wants to transfer the app, database, and entire setup to some other company to take control, work carried out by Digital Key IT Solutions Pty Ltd to facilitate this will be charged at the hourly rate of $20. After releasing no responsibility for the functions and operations of the features of the application or other system components is upon Digital Key IT Solutions Pty Ltd.

Terms

Prices quoted by Digital Key IT Solutions Pty Ltd are exclusive of GST which will, when appropriate, are to be borne and paid by the Customers to Digital Key IT Solutions Pty Ltd reserves the right to charge accumulating administration fees to any overdue accounts past 90 days. If payment is not made within 30 days Digital Key IT Solutions Pty Ltd will suspend Customer’s application activity until the balance is paid in full.

Non-Payment

Failure by the Customer to meet financial obligations will attract legal proceedings by Digital Key IT Solutions Pty Ltd under these circumstances all legal costs and other administrative expenses will be recoverable in full by Digital Key IT Solutions Pty Ltd.

Sub Contracting

Digital Key IT Solutions Pty Ltd might outsource any person, company, or firm as a sub-contractor for the development of any item in terms of any original specification or other work produced by Digital Key IT Solutions Pty Ltd for the Customer.