Terms and Services/
Conditions

Welcome to Techo Digital

By accessing this website and our subscription services we assume you accept these terms and conditions. Do not continue to use techodigital.com.au if you do not agree to accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logged on to this website and compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, by and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These terms and conditions outline the rules and regulations for the use of Techo Digital’s website and subscription service, located at techodigital.com.au

Unless otherwise indicated, the Website is the property of Techo Digital and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Techo Digital and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Australia, foreign jurisdictions and international conventions. No part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Techo Digital’s prior written permission. Techo Digital reserves all rights to the Website, Content and Marks.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of Techo Digitals’s website and subscription service following a change in the Terms of Service/Conditions means that you accept and agree to the changes that have been made. We will use our best efforts to provide notice to any registered subscription holder when changes have been made to our Terms of Service/Conditions.

We may revise and update these Terms of Use at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of Techo Digitals’s website and subscription service following a change in the Terms of Service/Conditions means that you accept and agree to the changes that have been made. We will use our best efforts to provide notice to any registered subscription holder when changes have been made to our Terms of Service/Conditions.

The Client is solely responsible for making all arrangements necessary to ensure the Client and their team have access to Techo Digitals Website/Subscription Service and are aware and agree to the Terms of Service/Conditions laid out.

To use certain features of Techo Digitals Website/Subscription Service you must register for an account with Techo Digital and linked Third Party Organisations by registering as a member of Techo Digital and linked Third Party Organisations you hereby warrant that all required and presented information you submit is correct, truthful and accurate. Furthermore, you will maintain the accuracy of such information provided to Techo Digital and linked Third Party Organisations.

We reserve the right to disable/change any username, password or other identifier provided at any time in our sole discretion for any or no reason, including if in our opinion, you have violated any provisions of the Terms of Service/Conditions.

Techo Digital reserves the right to change, alter, modify, amend or remove anything or any content on the Website, including in regards to the Services/Subscription (and support services) for any reason at its sole discretion. Techo Digital reserves the right to modify or discontinue all or part of the Website including in regards to the Services/Subscription without notice and without liability to Client.

The owner and registration of Techo Digital is based in Western Australia. We provide access to Techo Digital for use only by persons located in jurisdictions in which the Company’s operations are legal. We make no claims that Techo Digital or any of its content is accessible or appropriate outside of Australia. Access to Techo Digital may not be legal by certain persons or in certain countries, you utilise our website/subscription services on your own initiative and are responsible for compliance with local and regional laws, including intellectual property laws within your jurisdiction.

In the event that any Client Project incorporates Fonts, Images, Videos, Materials ect that are not owned by Techo Digital and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (Third-Party Fonts, Images, Videos & Material), Techo Digital will inform Client in writing that one or more Third-Party Fonts, Images, Videos & Material have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts, Images, Videos & Material from the rights-holder(s) to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact to purchase said licenses.So long as Techo Digital has informed Client of the incorporation of Third-Party Fonts, Images, Videos & Material as described above, Client assumes all responsibility for any consequences directly resulting from failure by the Client to purchase one or more licenses for any Third-Party Fonts, Images, Videos & Material that have been incorporated into a Project.

Techo Digital does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of their service/product. Third-Party Materials and links are provided solely as a convenience to the Client to aid in their Projects.

Client agrees not to access or use the Website/Subscription Services for any purpose other than that for which the Website/Subscription Service is made available to the Client. The client may only use Techo Digital & Third Party software/material for lawful purposes and in accordance with the Terms of Service/Conditions laid out by Techo Digital.

Client agrees not to use Techo Digital in any way that violates any applicable federal, state, local or international law and regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).

The Website may not be used in connection with any commercial or personal endeavours except those directly relating to the Subscription Service/Projects performed by Techo Digital for the Client. Client agrees to not use Techo Digitals Website/Subscription Service in an effort to compete with decipher, impersonate, disassemble, or reverse engineer any software used to comprise or make up parts of the Website/Subscription Service offered.

The Client agrees not to use Techo Digitals Website/Subscription Service for unauthorised purposes including but not limited to natures of exploitation, harm or attempted harm to exploit minors or persons in any way by exposing them to inappropriate content or material, asking for personally identifiable information or otherwise, defraud or mislead Techo Digital or its users.

The Client shall not use any measures to bypass areas of restricted access, copy Website/Subscription Service software/data, attempt or actively transmit viruses or other material including anything that negatively impacts or interferes with the Parties use of the Website/Subscription Service within the Website/ Subscription Service designed to protect users or data. Further shall not harass, intimidate, threaten or otherwise tarnish/harm Techo Digital or any of its employees, users independent contractors or design agents providing services through the Website/Subscription Service. The Client agrees to conduct themselves in a respectful manner when conversing and communicating with Techo Digital and any of its employees, users, independent contractors or design agents.

The Client agrees to the Terms and Service/Conditions and ensures the use of the Website/Subscription Service offered by Techo Digital will not be used in any way that restricts or inhibits anyone’s use or enjoyment of Techo Digital, or as determined by us, may harm the Company or users of Techo Digital or expose them to liability.

Techo Digital reserves the right to monitor the Website/Subscription Service for violations within the Terms of Service/Conditions.

We have the right to source and enforce appropriate legal action in response to any violation of the Terms of Service/Conditions, including but not without limitation any applicable law statute or breach of regulation. Referral to law enforcement will be actioned for any illegal or unauthorised use of Techo Digital's Website/Subscription Services or interaction with Techo Digital including any of our employees, users, independent contractors or design agents.

Techo Digital reserves the right to enforce legal action, terminate, restrict or deny access to the Client's current or future use of the Website/Subscription Service in part or in full at any time and will remain up to the sole discretion of Techo Digital. The decision to enforce legal action, terminate, restrict or deny access to the Client's current or future use of the Website/Subscription Service is made without the requirement for notice or liability to the Client. Techo Digital reserves the right to terminate Clients' current or future action for any or no reason, including without limitation, any violation of the Terms and Services/Conditions at its sole discretion. All decisions shall be enforced to protect and manage Techo Digitals Website/Subscription Service, rights and property.

All Subscription Service holders (Client) will be billed on the first day of their 31-day pay cycle this will continue for the length of the agreed upon term.

The Client is responsible for the privacy of all necessary login information used to login to the Client's Subscription account with Techo Digital and linked Third Party Organisations. Techo Digital is not responsible in any way in the event of misuse or tamper and the client hereby agrees all information provided is correct and accurate.

Techo Digital reserves the right to Increase, Decrease and adjust prices for any and all Services offered based on a variety of determined factors. The Client will be made aware/notified via email 14 days (2 Weeks) before any and all price increases for the Services offered by Techo Digital, to become effective at the start of their next billing cycle. The Client reserves the right to cancel their User Account to avoid any such increases before the beginning of their next billing cycle providing their subscription term is ending.

All transactions for any and all of Techo Digitals Services are non-refundable and final once payment/transaction has been submitted.

Refunds will be assessed on a case by case basis and payment/transaction may not be cancelled or reversed before prior written consent has been made by Techo Digital.

Techo Digital reserves the right to deny refunds at its sole discretion and without notice or liability to the Client. If the Client requests a refund to be granted all projects/work Techo Digital has undertaken during that 31-day billing cycle for the client becomes ownership of Techo Digital. Previous paid billing cycles undertaken by the Client where Techo Digital has completed and submitted projects/work for the Client will remain under the ownership of the Client.

Client refund requests that are deemed  appropriate and which are approved by Techo Digital will incur a 25% non-refundable processing fee to be calculated from the Client's balance left owing.

The Client hereby agrees all successful requests for cancellation of any and all Subscription/Services offered by Techo Digital must be requested 48 hours (1) before their 31-day billing cycle has ended (2) before their subscription term has ended. This ensures their subscription will be cancelled in time, and they avoid being charged another billing cycle.

The Client can manage all cancellations and package changes through the Sign In page on Techo Digital's website. This will connect the client to their Stripe customer portal where the client can proceed with cancelling/updating their subscription.

A Client's user account will only be considered cancelled after the Client has received written communication from Techo Digital confirming the cancellation. Without prior communication from the Client requesting cancellation, all Subscription Services will renew for the previously agreed upon term on the first day of their 31-day billing cycle.

Techo Digital provides clients with a pause feature when signed up for our Monthly Subscription Package. The Client can utilise this at any time during the 31-day billing cycle. Clients may request their account pauses and resumes via a pause or resume form request within their job board. Requests to pause monthly subscriptions will be effective immediately no work will be conducted by Techo Digital once the Subscription holder's account has paused until the Client resumes their subscription. This includes works to cease on any current requests the Client has in progress.

The Client is solely responsible for all data transmitted or provided to or related to any activity/project the Client has undertaken when utilising the Website/Subscription Service provided by Techo Digital. Techo Digital accepts no liability to the Client for any loss or corruption of any data/information provided to the Client (Client) hereby waives the right to take action against Techo Digital for any such loss or corruption of data.

The Client hereby agrees without prior communication or expression of their right to issue an NDA between Techo Digital and themselves. All work/projects undertaken between the client and Techo Digital are at Techo Digital's sole discretion to share across all sites owned by Techo Digital including but not limiting websites, news, and social media accounts.

Client agrees Techo Digital has the right to deny or terminate partial or full use of the Website/Subscription Service to the Client if the Client requests any design or provides any content etc, containing the following material.

Without Limitation; Contain material which is defamatory, indecent, obscene, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable in any nature. Promotes/endorses sexually explicit or pornographic material, violence, and discrimination by race, religion, sex, nationality, disability, orientation or age. Embarrass, annoy or inconvenience an individual or organisation company (everyone). Further infringe any patents, trademarks, trade secrets, or violate copyright laws or any and all other intellectual property or rights of any Individual.

Violate legal rights including but not limited to the rights of privacy and publicity of others. Contain material that promotes any illegal activity or advocates, promotes or assists any unlawful act to break any civil or criminal law or directly conflict with the terms laid out in our Terms of Service/Conditions Agreement and Privacy Policy.

The Client agrees to and consents to receive Techo Digitals' use of electronic communication including but not limited to digital signatures, contracts, orders and or other records sent through the Website or via email. The Client hereby agrees and consents that Techo Digital will electronically deliver nearly all communication including but not limited to contracts, policies, receipts, notices and booking requests.

The Client agrees to all communication sent via Techo Digital and the Client satisfies any and all legal requirements that the communicated information be in writing. The Client hereby agrees to the use of digital communication and agrees all electronic records are complete and binding. The Client waives all rights to any laws, statutes and regulations required by any jurisdiction requiring in-person delivery of material/original signature. The Client hereby agrees the information and signature they provide to Techo Digital is binding and correct.

The Contractor/Employee of Techo Digital agrees to and consents to receive Techo Digitals' use of electronic communication including but not limited to digital signatures, contracts, orders and or other records sent through the Website or via email. The Contractor/Employee hereby agrees and consents that Techo Digital will electronically deliver nearly all communication including but not limited to contracts, policies, receipts, notices and booking requests.

The Contractor/Employee agrees to all communication sent via Techo Digital and the Contractor/Employee satisfies any and all legal requirements that the communicated information be in writing. The Contractor/Employee hereby agrees to the use of digital communication and agrees all electronic records are complete and binding. The Contractor/Employee waives all rights to any laws, statutes and regulations required by any jurisdiction requiring in-person delivery of material/original signature. The Contractor/Employee hereby agrees the information and signature they provide to Techo Digital is binding and correct.

The Client agrees in no event Techo Digital or any of our employees, users, third parties, independent contractors or design agents will be liable for any damages sustained by the Client.

Techo Digital and its Third Parties shall not be liable for any direct, indirect, consequential, incidental, special or punitive damages obtained from or through the use of Techo Digitals Website/Subscription Service. Including pain and suffering, personal injury, negligence, emotional distress, loss of goodwill, lost business, lost profit, lost revenue, lost data, loss of use, attorneys’ fees, breach of contract, court costs, fines, returns, forfeitures or any and all other damages or losses arising from Client’s use of the Website Techo Digitals Website/ Subscription Service and linked third parties.

Client agrees to hold harmless and defend/indemnify Techo Digital or any of our employees, users, third parties, independent contractors or design agents from and against any loss, damages, liability and claims or demands including all attorneys’ fees and expenses to the fullest extent permitted by applicable laws made by the Client or any third party. Arising out of or relating to your use or access to Techo Digitals Website/Subscription Service, any and all breach of the Terms of Service/Conditions of Techo Digital or any Third Parties.

The Client hereby agrees Techo Digital reserves the right, to assume all control and defence of any matter, claim or demand, at the Client's expense for which the Client shall be required to indemnify Techo Digital. The Client agrees to cooperate with the defence of Techo Digital of matters, claims or demands.

Limitation - Filed Claims Time; Any cause of action, matter, claim or demand arising or relating to the Terms of Service/Conditions or use of the Website/Subscription Service in its entirety must commence within 1 year after the cause of action otherwise all such causes of matter, claim or demand is permanently barred.