Terms and Conditions of Service between You “the Client or Website Visitor” and Glue Automation.
At Glue Automation, we do our best to ensure our Automation Projects are accurately designed, built and delivered in a timely manner.
However, sometimes things may not go according to plan and we will attempt to rectify the matter as quickly as possible.
By using this website, engaging our services or paying any of our invoices you shall be bound by the terms & conditions outlined below.
Quotes and Payments
- (a) All quotations are subject to Scope Variations as agreed between the Client and Glue Automation. As such, quotations shall remain the best estimate of the project cost provided there are no scope variations. Glue Automation reserves the right to retract or modify a quotation at any given time.
(b) Upon deposit receipt, Glue Automation and the Client acknowledge the quotation, the project design and scope is finalised. Any changes to the design or scope after this point, will require a Scope Variation and additional fees may apply.
(c) As the project progresses, Glue Automation shall invoice the Client for milestone payments after each stage of the project is complete. The milestone invoices are produced in arrears to ensure the Client is satisfied with the work completed before payment. Any further project development shall remain on pause, until the current milestone invoice is paid in full. Failure to pay any milestone invoices within 30 days of the due date, shall result in Glue Automation canceling the Automation Project and commence recovery action.
(d) To ensure we meet our high standards of Client satisfaction, any NEW Automation Projects will require the quotation process to restart in full, including scoping of the client requirements, design documents, design meetings and final approvals.
(e) Automation Projects are designed and built using our own Proprietary Systems and Skillset for each individual clients needs. Therefore they are designed to run on our platform only and cannot be transferred to other systems/platforms or modified/managed by other persons other than Glue Automation.
(f) Ongoing Platform/Hosting Fees are payable each month and shall begin the month your Automation system is connected to your staging website. An estimate of the fees will be included in your initial quote. These fees are subject to change and are influenced by many factors including, number of visitors to a website, number of users, number of products etc. In other words, the more work/calculations the Automation Project processes, the higher your Platform fee may be.
- Whilst Glue Automation endeavours to design, build and deliver Automation Projects within acceptable time frames, we cannot be held liable for Clients not delivering information on time or Client delays or delays beyond our control.
- In order to avoid Scope Variations or negative outcomes, all Clients should consider their requirements carefully and take their time to discuss, during the scoping meetings, prior to finalising the project design or specification.
Warranty, Liability and Termination
- (a) All Automation Projects designed and delivered by Glue Automation will include a 30 day build warranty. This warranty is to cover the Automation Project from any defects/omissions in implementation or operation that deviates from the agreed design. This ensures the delivered Automation Project is operating as per agreed design and maximises Client satisfaction.
(b) This warranty DOES NOT cover defects, bugs or issues caused by the Client making changes to their own applications, software, hardware, devices, settings, website or failure to pay for services which the Automation Project relies upon and thus does not allow the Automation Project to operate as per the agreed scope design. In this instance a Scope Variation will be required and additional charges will apply. Any consulting or non-warranty work shall be billed at $110 per hour.
(c) Glue Automation cannot be held liable for the misuse, electrical spikes, willful/accidental damage, water/liquid damage, electrical storms, 3rd party systems/networks and other external events which may affect the operation of the Automation Project.
(d) Glue Automation will not be responsible nor liable for any loss of business due to the data breach, use, misuse or failure of any Automation Project designed or delivered. Clients should always have a backup process or workflow to ensure business continuity. Glue Automation and it’s Agents cannot be held liable for delays in delivery of any project whatsoever.
(e) Glue Automation reserves the right discontinue or terminate any agreement with clients if project experiences significant delays, cost over-runs, payment or technical disputes that cannot be resolved. A hand over period of at least 3 months will be provided to ensure smooth transition to other service providers.
Technical Support
- (a) Glue Automation shall be responsible for the supply and ongoing maintenance of the hardware/software “The Platform” that facilitates the operation of the Client’s Automation Project provided the Client has paid for the ongoing monthly Platform Fee. The monthly Platform Fee is based on the amount of data and calculations the Automation Project consumes each month. We do our best to optimise and reduce this where possible, however, busy webs sites with many visitors, large number of products or systems which process large amounts of data in real-time, will cause an increase in your monthly Platform Fee.
(b) This Technical Support DOES NOT cover defects, bugs or issues caused by the Client making changes to their own requirements, applications, processes, software, hardware, devices, settings, website or failure to pay for services which the Automation Project relies upon and thus does not allow the Automation Project to operate as per the agreed scope design. In this instance a Scope Variation will be required and additional charges will apply. - (a) Glue Automation shall respond to technical issues or outages that affect the performance of the Client’s Automation Project within 4 hours Monday through Friday or within 8 hours during weekends and holidays.
(b) The scope of the Support is to ensure the Automation System continues to perform as per the agreed design and specifications. Any requests the Client makes to change an Automation Project once it has been delivered and in operation shall require a Scope Variation or Quote and subsequent fees will apply.
Security
- Glue Automation takes the security of all systems seriously and implements specialised methodologies when designing Automation Projects to minimise security risks to Client and customer data. As part of our risk mitigation philosophy, we do not store Client data on our systems, wherever possible. Any data that MUST be stored is always encrypted using AES 256 as a minimum, including connections between services or systems.
Website
- By using this website the Client agrees to be bound by these terms and conditions (Terms) as modified from time to time. If the Client does not agree to the Terms and Conditions specified herein they should not use the Website.
- All projects remain the property of Glue Automation until full payment has been received. Glue Automation reserves the right to pause the Client’s Automation Project until payment is made or use Debt Collection agencies to finalise any unpaid debts.
- By using this Website, the Client consents to Glue Automation sending electronic commercial messages to the Client to inform them of changes or additions to the Website, or of any other related products and Websites.
- Some components of the Website are supplied to Glue Automation by third parties and We make no promises, express or implied, as to the Website including, but not limited to, its accuracy, relevance, or quality.
- Except in jurisdictions where such provisions are restricted, the Client agrees that Glue Automation’s entire liability to the Client or any third person, and the Clients or any third person’s exclusive remedy, in law, in equity, or otherwise, with respect to the Website(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount the Client paid for such Services during the term of this agreement. Except in jurisdictions where such provisions are restricted, Glue Automation, its licensors and contractors (including any third parties providing all or part of the Websites) shall not be liable for any indirect, incidental, special or consequential damages even if Glue Automation has been advised of the possibility of such damages.
- To the extent that a State of Australia does not permit the exclusion or limitation of liability as set forth herein, Glue Automation’s liability is limited to the extent permitted by law in such State.
- Glue Automation may offer Gift Cards from time to time to develop referrals from approved Referral Partners. These gift cards have an Expiry Date and cannot be used in lieu of payment obligations.
- Glue Automation reserves the right to cancel any order or disapprove any misuse of the Gift Card or Partner Referral system.
Virus Warning
- The internet is an unsecured public network. There is a risk that: information sent to or from this website may be intercepted, corrupted or modified by third parties; files obtained from or through this website may contain computer viruses or other defects. In using this website and material from it, the Client assumes these risks and responsibility for any loss, damage or consequence resulting directly or indirectly from these risks.
- Due to the nature of telecommunications systems We are unable to guarantee the Websites will always be fault or virus free. The Client acknowledges that the Website may, from time to time, be adversely affected by events outside Our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Website and will take all reasonable steps at Our expense to correct any error, omission or mistake, but will not be liable for any error, delay, or failure in transmission of the Website that could be reasonably considered beyond Our control.
Interruptions or Discontinuation of Services
- Glue Automation may suspend the Website for repair, maintenance, and/or upgrade work. In such event, Glue Automation shall aim at keeping the said interruption short and at causing as little inconvenience the Client as reasonably possible.
- Glue Automation reserves the right to modify or discontinue, temporarily or permanently, individual Websites or Automation services provided by it or third parties.
Indemnification
- The Client agrees to indemnify and hold Glue Automation, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of or in connection with (a) the Services or Automations provided to the Client by Glue Automation, and (b) the breach by the Client’s representations and warranties set forth herein.
Variations
- The Client acknowledges and agrees that we may change the terms of use at any time, which changes shall be effective upon posting such changes to the website. Any use of the Website after such posting shall constitute a binding acceptance by the Client of this agreement or any subsequent modifications.
Governing Law
- This Agreement and the Clients use of the Website and Website shall be governed and construed in accordance with the laws of Queensland. The Client irrevocably and unconditionally agree that for any matter arising out of or pertaining to this Website or Agreement, the proper venue shall be the courts and legal tribunals located in Brisbane, QLD, Australia.
- Glue Automation makes every possible effort to comply with the following Laws and Regulations, including but not limited to:
a) SPAM Act 2003
b) Privacy Act 1998 - If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Glue Automation makes no representation that the content of the Website complies with the laws of any country outside Australia.
- All rights not expressly granted herein are reserved.