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Terms of Service

Last Updated: January 2025

Welcome to ADT Services. These Terms of Service ("Terms") govern your use of our website www.adtserv.com.au and the services we provide. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using ADT Services' website and services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Services

2.1 Description of Services

ADT Services provides comprehensive IT solutions including, but not limited to:

  • IT infrastructure design and implementation
  • Software development and custom applications
  • Database design and administration
  • System integration services
  • IoT programming and solutions
  • CAD design services
  • CNC programming
  • Cybersecurity solutions
  • 24/7 technical support and maintenance
  • Project management services

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of services.

3. User Obligations

3.1 Accurate Information

You agree to provide accurate, current, and complete information when using our services or communicating with us. You are responsible for maintaining the accuracy of your information.

3.2 Prohibited Activities

You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • Submit false or misleading information
  • Upload or transmit viruses or any other type of malicious code
  • Collect or track personal information of others
  • Spam, phish, pharm, pretext, spider, crawl, or scrape
  • Interfere with or circumvent the security features of our services
  • Use our services to compete with us

4. Service Agreements

4.1 Quotes and Proposals

All quotes and proposals are valid for 30 days unless otherwise stated. Prices are subject to change without notice.

4.2 Service Level Agreements (SLAs)

For clients with support contracts, specific Service Level Agreements will be outlined in separate documentation. SLAs define:

  • Response times for support requests
  • Resolution timeframes
  • Availability guarantees
  • Support channels and hours
  • Escalation procedures

4.3 Project Scope

All projects will have a defined scope outlined in a Statement of Work (SOW) or project agreement. Any changes to the scope may result in additional charges and timeline adjustments.

5. Payment Terms

5.1 Pricing

Pricing for our services will be outlined in quotes, proposals, or service agreements. Unless otherwise specified, prices are in Australian Dollars (AUD) and exclude GST.

5.2 Payment Methods

We accept payment via:

  • Bank transfer
  • Credit card
  • Direct debit (for recurring services)
  • Check (by prior arrangement)

5.3 Payment Terms

Unless otherwise agreed:

  • Invoices are payable within 30 days of issue
  • Late payments may incur interest charges of 1.5% per month
  • We reserve the right to suspend services for non-payment
  • Deposits may be required for new projects

5.4 Disputes

Any disputes regarding invoices must be raised within 7 days of receipt. We will work with you to resolve any billing concerns promptly.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of ADT Services or our licensors and is protected by Australian and international copyright laws.

6.2 Custom Development

For custom software development:

  • Upon full payment, clients receive ownership rights to custom-developed software
  • We retain the right to reuse general methodologies, techniques, and know-how
  • Third-party components remain the property of their respective owners
  • We may use the project as a case study (with client approval)

6.3 License to Use Content

We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose.

7. Confidentiality

7.1 Our Commitment

We maintain strict confidentiality regarding:

  • Client business information
  • Technical specifications and designs
  • Proprietary processes and methods
  • Financial information
  • Personal and sensitive data

7.2 Non-Disclosure Agreements

We are willing to sign mutual Non-Disclosure Agreements (NDAs) for projects involving sensitive information.

7.3 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no fault of ours
  • Was already known to us prior to disclosure
  • Is independently developed by us
  • Must be disclosed by law or court order

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that:

  • Services will be performed in a professional and workmanlike manner
  • We have the necessary skills and resources to provide the services
  • Services will substantially conform to specifications outlined in agreements

8.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Services are provided "as is" and "as available"
  • We make no warranties regarding uninterrupted or error-free services
  • We do not warrant that services will meet all your requirements
  • We are not responsible for third-party products or services

9. Limitation of Liability

9.1 Direct Damages

Our total liability for any claim arising from our services is limited to the amount paid by you for the specific service giving rise to the claim in the 12 months prior to the claim.

9.2 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Loss of data or use of data
  • Cost of substitute goods or services
  • Business interruption

9.3 Exceptions

Nothing in these Terms limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded or limited under Australian law

10. Indemnification

You agree to indemnify, defend, and hold harmless ADT Services, our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your provision of incorrect or misleading information

11. Term and Termination

11.1 Term

These Terms remain in effect while you use our services or website.

11.2 Termination by You

You may terminate services by providing written notice as specified in your service agreement, typically 30 days.

11.3 Termination by Us

We may terminate or suspend services immediately if:

  • You breach these Terms
  • Payment is not received
  • You engage in fraudulent or illegal activities
  • Continuation of services is not feasible

11.4 Effect of Termination

Upon termination:

  • You must pay all outstanding fees
  • We will provide reasonable assistance with data transfer
  • Licenses granted to you will terminate
  • Confidentiality obligations continue

12. Data Backup and Recovery

12.1 Backup Policy

While we implement backup procedures for systems we manage, clients are responsible for maintaining their own backups of critical data.

12.2 Data Recovery

Data recovery services are available but may incur additional charges. Recovery is not guaranteed in all circumstances.

12.3 Client Responsibility

Clients should:

  • Maintain independent backups of critical data
  • Test backup restoration procedures
  • Notify us immediately of any data loss concerns

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God (natural disasters, pandemics, etc.)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Power failures or telecommunications outages
  • Labor disputes or strikes
  • Cyberattacks or security breaches not caused by our negligence

14. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services supplied again or payment of the costs of having the services supplied again if the services fail to be of acceptable quality and the failure does not amount to a major failure.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, we encourage you to contact us first to seek an informal resolution.

15.2 Mediation

If informal resolution fails, disputes should be submitted to mediation before pursuing legal action.

15.3 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and ADT Services.

16.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated to clients via email or website notice.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

16.6 Notices

All notices under these Terms should be sent to:

ADT Services
Email: admin@adtserv.com.au
Phone: +61 410 432 535

17. Support and Maintenance

17.1 Support Channels

Support is available through:

  • Email: admin@adtserv.com.au
  • Phone: +61 410 432 535
  • Remote support (by arrangement)
  • On-site support (fees apply)

17.2 Response Times

Response times vary based on your support agreement:

  • 24/7 Support: Within 1 hour for critical issues
  • Business Hours Support: Within 4 hours
  • General Inquiries: Within 1 business day

17.3 Maintenance Windows

Scheduled maintenance will be communicated in advance. We strive to minimize disruption by scheduling maintenance during off-peak hours.

18. Contact Information

For questions about these Terms of Service, please contact us:

ADT Services
Email: admin@adtserv.com.au
Phone: +61 410 432 535
Website: www.adtserv.com.au

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