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IT + Business Support Terms

Cutting Edge, Experienced and Helpful

Long Version

Boring, but necessary.

1. The Service

These terms and conditions when engaging Stellarpaths Support Services  (“Terms and Conditions”) govern the information technology and business technical support (“Services”).

2. Service Period

The Service begins on the later of (i) the date you agree to proceed and set a date for the Service to commence and the agreed duration of that service.

3. Information Technology Technical Support
3.1 Support Includes The Following:

a. During the Service Period, Stellarpaths will provide you with access to web-based, telephone or in-person technical support resources. Web-based support requires a high-speed internet connection. Technical support may include assistance with software installation, configuration and troubleshooting; password reset; interpreting system error messages and determining when hardware service is required.

 

b. Technical Support will also include assistance with the initial set-up of your recommend or selected software and apps, connecting and integrating between other software and apps.

 

c. Stellarpaths will diagnose and repair operating system problems and virus/malware issues causing start-up and shut down issues, slow performance, system crashes, error messages and unwanted pop-up windows.

 

d. Stellarpaths can provide training web-based training services.

 

e. Advisory consulting have also be provided on technology trends.

3.2 Support Does Not Include The Following:

a. Troubleshooting issues that are likely to be resolved by upgrading your (i) operating system; (ii) consumer software; or (iii) or both to the current version, if you choose not to upgrade.

b. Server support including but not limited to any server administration and set up, server software applications/OS installation and support or server diagnostics and tune-ups;

c. Except for connecting your Covered Device to an active home network, Technical Support shall not include any home network, router support or support for devices connected to your Covered Product; and

 

d. Damage to, our loss of any software or data that was residing or recorded on the Covered Product. This Plan does not cover the recovery or reinstallation of user data.

4. Business Technical Support
4.1 Support Includes The Following:

a. During the Service Period, Stellarpaths will provide you with access to web-based or business support services. Web-based support requires a high-speed internet connection. Support may include assistance with business planning, marketing, social media, bookkeeping; strategy or troubleshooting; implementation; interpreting system error messages and determining when hardware service is required.

 

b. Business support will also include consulting on trends and market and competitive analysis.

 

c. Stellarpaths can also project manager on your behalf.

4.2 Support Does Not Include The Following:

a. Project proceeding with out a nominated client project owner.

 

b. Server support including but not limited to any server administration and set up, server software applications/OS installation and support or server diagnostics and tune-ups;

 

c. Except for connecting your Covered Device to an active home network, Technical Support shall not include any home network, router support or support for devices connected to your Covered Product; and

 

d. Damage to, our loss of any software or data that was residing or recorded on the Covered Product. The Service does not cover the recovery or reinstallation of user data.

5. How To Obtain Our Services And Support

You may obtain, technical support by accessing our website, www.stellarpaths.com, or email us at [email protected]

6. Availability Of Services

While we try to complete service as quickly as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to data centre disruptions, vendor disruption of service, Acts of God or other external causes.

7. Hardware Service

A. In general, we do not offer hardware support.

 

B: Stellarpaths recommend you should contact the manufacturer to obtain the name of a manufacturer-authorised service centre/depot and drop your hardware product off to that servicer for service. In the event that there is not a manufacturer-authorised servicer in that area, you should obtain service from a reputable service provider.

8. Outsourcing

Stellarpaths as part of our continual effort to several the best skills available and to ensure our client’s needs are satisfactory may outwork work by utilising freelancers or other organisations. All freelancers have to pass a rigorous quality check and must have many positive reviews/successes, along with passing skills tests based on their expertise.

9. Quotes

Quotes and prices that are provided by Stellarpaths are subject to change without prior notice, are merely an estimation as to the final costs based on the information at hand, are quoted ex GST and any other applicable taxes and duties.

 

Only written quotes can be seen as “valid” offers and this validity period is only for 7 (Seven) calendar days from the day the quote was generated, If a quote has no date indicated, the date the original document was created will be taken as the date the quote was generated.

 

All quotes are subject to our Payments Policy outlined in 9.1 and the terms indicated on this website. Only electronic confirmation of quotes will be accepted as a valid offer to Service support.

 

It is also accepted by the client that all quotes need amendment during big project cycles and it is their responsibility to obtain such updated quotes in writing as it commences. Any additions to the original quote agreed electronically between Stellarpaths and the customer will be seen as valid and accepted based on the initial acceptance of the quote by the customer, it is, therefore, the customer’s responsibility to obtain any such costs from Stellarpaths.

All prices on this website are quoted exclusive of GST (Australia only) and subject to change without notice.

10. Quote Approval
10.1 Services Fees

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Stellarpaths may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

10.2 Expenses

Any expenses will be agreed in advance.

11. Payment Policy
11.1 Services Fees Under AUD$500

On Service support completion, payment is to be made immediately and can be made by credit card (Visa, Mastercard or Amex), debit cards (Visa or Mastercard), PayPal; or direct deposit.

 

Payments made via credit card, debit card or Paypal are subject to Paypal’s terms and conditions.

11.2 Services Fees Over AUD$500

For Service support project payment terms are: a fixed fee agreed up-front, 50% payment upfront; with the final 50% payable once the project has been completed and delivered to the client.

11.3 Refunds

You may cancel your Service support at any time; however, there are no refunds for cancellation. A money back guarantee applies to all work. Stellarpaths payment terms, as set out in 8.2 above, allow the retention of up to 50% of the fixed fee if, if Stellarpaths has not delivered to what was originally promised, and evidentiary documentation and communication are supplied, we will happily refund your money.

11.4 Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, or other monetary transaction interactions.

12. Feedback

You may choose to or we may invite you to submit comments or ideas about the Service provided, including without limitation about how to improve our Service to you.

 

Any ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Stellarpaths under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Stellarpaths does not waive any rights to use similar or related ideas previously known to Stellarpaths, or developed by its employees, or obtained from sources other than you.

13. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the Australia.

14. Security

Stellarpaths cares about the integrity and security of your information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

15. Indemnity

You agree to defend, indemnify and hold harmless Stellarpaths and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; or (v) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

16. Warranty
17. Limitation Of Warranty

To the maximum extent permitted by applicable law, in no event shall Stellarpaths, its affiliates, agents, directors, employees, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Stellarpaths be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

 

To the maximum extent permitted by applicable law, Stellarpaths assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Stellarpaths, its affiliates, agents, directors, employees, or suppliers, be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Stellarpaths hereunder or $100.00, whichever is greater.

 

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Stellarpaths has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

The Service is controlled and operated from its facilities in Australia. Stellarpaths makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australia and local laws and regulations, including but not limited to export and import regulations.

 

You may not use the Service if you are a resident of a country embargoed by Australia, or are a foreign person or entity blocked or denied by the Australia government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Australia.

18. Governing Law

You agree that: (i) the Service shall be deemed solely based in South Australia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Stellarpaths, either specific or general, in jurisdictions other than South Australia. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Adelaide, South Australia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

 

These terms are governed by the laws of South Australia.

 

If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Adelaide, South Australia.

19. Attribution

For any dispute with Stellarpaths, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Stellarpaths has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Stellarpaths claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by South Australian, consumer law. The arbitration will be conducted in Adelaide, South Australia unless you and Stellarpaths agree otherwise.

 

Each party will be responsible for paying any legal filing, administrative and arbitrator fees in accordance with South Australian consumer law. The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Stellarpaths are each waiving the right to a trial by jury or to participate in a class action.

20. General
20.1 Assignment.

This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Stellarpaths without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

20.2 Notification Procedures and Changes to the Agreement.

Stellarpaths may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Stellarpaths in our sole discretion.

 

Stellarpaths reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Stellarpaths is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Stellarpaths may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

20.3 Entire Agreement/Severability.

This Agreement, together with the Privacy Policy

At, any amendments and any additional agreements you may enter into with Stellarpaths in connection with the Service, shall constitute the entire agreement between you and Stellarpaths concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

20.4 No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Stellarpaths’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

20.5 Contact.

Please contact us at [email protected] with any questions regarding this Agreement.

 

This section contains terms regarding the ability to transfer rights under this Agreement, notification procedures and the interpretation of these terms.