Terms and Conditions

By signing up, you agree to the following Terms and Conditions for the use of Stratigus’s services:

This Agreement is between Stratigus Pty Ltd (ABN: 78641448026), (hereafter referred to as “Stratigus”) and all its clients (hereafter referred to as “Client”) unless the context requires otherwise.

Stratigus, and/or its assignee does not guarantee any type of profit or response from said services.
The Client shall irrevocably indemnify Stratigus and/or its assignee from and against any losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Stratigus and/or its assignee may sustain, and/or to hold Stratigus and/or its assigns harmless to which Stratigus and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case, attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

This agreement is governed by and will be construed according to the laws of New South Wales, Australia.

Project Services

This section refers to services provided by Stratigus that are commonly called “projects”. Hereafter, they will be referred to as “Project(s)”. Examples of Projects include Website Building & Design, Website Maintenance and Website Hack SOS.

The Price of the Project is bound by the Scope of Work of the Proposal agreed to. If the Client requests additional services related to the Project, the scope of additional services must be agreed upon by the parties involved and additional charges may apply.

50% of the total payment is due upfront before any work will begin unless otherwise specified. The Client shows acceptance of the Terms and Conditions and any other agreements by paying the invoice. Invoices are only considered paid when the payment funds arrive and clear in the bank account of Stratigus. Depending on the banking facilities used by the Client, this may take many business days to eventuate.

Turnaround depends on the Project, communication from the Client and schedules. The remaining 50% is due upon the final proposal approved by the Client.

All payments are non-refundable unless mutually agreed by Stratigus and the Client.

The Client agrees to submit the necessary content for the Project to be completed by Stratigus in a timely manner.

Subscription Services

This section refers to services provided by Stratigus that are commonly called “subscriptions”. Hereafter, they will be referred to as “Subscription(s)”. Examples of Projects include Domains, Web Hosting, Email Hosting, Website Hack SOS and Website Security Monitoring.

Subscription Fees

The Client agrees:

To pay the fees that shall be charged to his account as a result of using the Subscription, including but not limited to:

  • Subscription fees;
  • Fees for supplemental services or features;
  • Additional Subscription customization; and
  • Purchases made through the use of the Subscription.

That subject to any applicable law, fees, Subscriptions are non-refundable unless the pricing terms for the applicable service expressly state otherwise.

To show acceptance of the Terms and Conditions and any other agreements by paying the Subscription fees. Stratigus strives to minimise the number of payments by consolidating all Subscription services into a single payment once or twice a year. If the client chooses to pay monthly, then Stratigus reserves the right to charge an additional 10% fee on the price of the Subscription.

Accept notifications of service changes, commercial email and similar offers presented via email.

Effective Date

This Agreement and the Client’s use of Stratigus’s services shall become effective on the date the Client’s payment is received and cleared at Stratigus’s bank account.

Payments

Details of payment methods will be shown on the invoice.

Receipts for the payment transactions will be emailed directly to the Client.

The Client acknowledges and agrees that Stratigus will not require any additional authorisation for any recurring payments or automatic billing options.

The Client shall be liable for any fees Stratigus will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due.

Any billing problems or discrepancies must be brought to Stratigus’s attention within 14 days from the date the Client is billed. If the Client does not bring them to the Stratigus’s attention within 14 days, the Client agree to waive his right to dispute such problems or discrepancies with Stratigus.

Account Termination

The Subscription shall be terminated on the following grounds:

  • Service fees are unpaid after more than 14 days;
  • Violation of these Terms and Conditions;
  • Violation of Acceptable Use Policy

Stratigus shall exert earnest effort to notify the Client before terminating the Subscription.

Warranties

Stratigus makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or Stratigus’s subcontractors and affiliate’s services provided.

Stratigus expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.

Stratigus shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:

  • The use or the inability to use the service;
  • Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
  • Unauthorised access to or alteration of your transmissions or data;
  • Statements or conduct of any third party on the service;
  • Or any other matter relating to the service.

Stratigus shall take all reasonable precautions to ensure data is secure and protected, the Client understands and agrees that Stratigus is under no obligation to export, extract, retrieve or store our Client’s data except for through the backups of the Client’s website which is stored on a ‘best effort’ basis and taken automatically via Stratigus’s wholesale service provider and third-party cloud storage providers.

Assignment

This Agreement is personal to the Client, and in case of assignment wherein the Client allows someone to use his account, the Client agrees to:

  • Seek the prior written consent of Stratigus;
  • Remain liable to Stratigus for any fees due under this Agreement.

Stratigus retains its right to assign this Agreement at any time.

Change of Terms and Conditions

Stratigus reserves the right to change the terms and conditions of this Agreement as needed.

The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes but is not limited to, the right to change our Subscription rates at any time.

Non-acceptance of the new terms and conditions, the Client may terminate this Agreement in accordance with the cancellation policy.

Notification of Account Changes

The Client agrees to:

Provide information relating to the use of all services as deemed necessary or desirable by Stratigus.

Notify Stratigus of its address, email address, telephone number or billing information changes.

Account Terms

The Client agrees that:

  1. He/She must be 13 years or older to use the service.
  2. He/She or his assignee when approved by Stratigus, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
  3. He/She shall provide his/her legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. He/She is the owner of the credit card supplied. If another person or company owns the credit card provided, he undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to Stratigus, should reimbursement is necessary.
  5. He/She is responsible for maintaining the security of the account. Stratigus cannot and will not be liable for any loss or damage from the failure of the Client to comply with this security obligation.
  6. He/She is responsible for all Content posted and activity that occurs under his account (even when Content is posted by others who have accounts under the Client’s account).
  7. He/She shall not use the Service for any illegal or unauthorized purpose.
  8. He/She must not, in the use of the service, violate any laws. (including but not limited to copyright laws).

Cancellation and Termination

The Client is solely responsible for properly cancelling his/her account via written communication (email, letter).

The content in the Client’s Services will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice.

Stratigus, in its sole discretion, has the right to suspend or terminate the Client’s account and refuse any and all current or future use of the Services, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the Client’s Account or his access to the Account, and the forfeiture and relinquishment of all Content in the said Account.

Stratigus reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

Stratigus claims no intellectual property rights over the material provided by the Client for use on their Services.
The written content, photos, user data and materials uploaded on the Client’s Services remain the Client’s property. However, by setting the pages to be shared publicly, the Client agrees to allow others to view and share the Content.

Stratigus does not pre-screen content provided by the Client, and will not be liable for any copyright disputes the Client may have resulting from content posted on their Services. By supplying the content to Stratigus, the Client confirms that they own the right to publish such content.

Stratigus does not pre-screen content provided by the Client and will not be liable for any copyright disputes the Client may have resulting from content posted on their Services.

Stratigus and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available by the Client.