1. The following sets out the terms and conditions of the services available through EST.
2. The “Customer” or “Client” is you, as identified as a customer or potential customer of EST, or anyone who may purchase our services and products.
3. The “Service Provider” or “Company” is identified as EST Connect of P.O Box 2150, Milton, Queensland (“EST”)
4. The “Services” means the services set out in the Quotation/Order Confirmation, Service Summary, Contract, or the respective product page(s) on our website(s).
A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
B. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
6. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the “Services”) consisting of those described in the Quotation/Order Confirmation, Service Summary, Contract, or the respective product page(s) on our website.
2. The Services will also include any other tasks which the Parties may agree on in writing. The Service Provider hereby agrees to provide such Services to the Customer, and the Customer agrees to pay the Service Provider for the provision of the Services.
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for the period agreed in writing, or until otherwise terminated per the terms set out in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide thirty (30) days notice to the other Party.
5. Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
8. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider the specified amount in the Quotation/Order Confirmation, Service Summary, Contract, or the respective product page on our website.
9. The Compensation will be payable on a weekly or monthly basis, while this Agreement is in force.
10. In the event that the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement, a late payment penalty of $20 will apply to each late payment. The Customer will additionally pay a surcharge on any late payment in the amount of 20% p.a. Late fees will be applied at the sole discretion of EST.
11. All intellectual property and related materials (the “Intellectual Property”) including any related work in progress that is developed or produced under this Agreement, will be the property of the Service Provider. The Customer is granted a non-exclusive limited-use license of this Intellectual Property. This includes any and all marketing or telemarketing data supplied to the customer.
12. The Customer must not disclose copy or distribute to any third party any portion of the data supplied by the Company and will only use the data for their own internal purposes.
13. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Service Provider.
14. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
15. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement via email, to the address specified in the Quotation/Order Confirmation, Service Summary, Contract, or the Customer Account.
16. The Customer will provide their Australian Business Number (ABN) to the Service Provider. The director(s) of the business specified in the ABN hereby agree to provide a personal guarantee over the payment of monies owing as a part of this Agreement.
17. It is understood and agreed that the Service Provider will not be liable to the Customer, or any agent or associate of the Customer, for any mistake or error in judgement or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.
18. In the event that the Service Provider brings legal action to enforce or interpret any term of this Agreement, the Service Provider will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
19. The Customer acknowledges that the Service Provider may amend or modify this Agreement at any time without notice to the Customer. This agreement will always be available on the Service Providers website, and it is the sole responsibility of the Customer to be aware of the content.
20. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
21. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
22. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Queensland, without regard to the jurisdiction in which any action or special proceeding may be instituted.
23. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
24. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
25. Payment to the Service Provider for the management of services may not include third party costs as required for those services. Such funds are due and payable directly to third parties. In addition, funds due and payable to any other site to which the Customer engages the Services of the Service Provider to manage that may incur costs are the express responsibility of the Customer.
26. The Service Provider is not liable for any losses from economic, political, technical or environmental issues effecting the viability or stability of any client product or service or the provision thereof.
27. It remains the responsibility and liability of the Client to advise the Service Provider of the limitations of the client’s ability to manage any and all additional business and/or enquiries that you the client service.
28. The Client may cancel a contract by contacting administration and paying the early exit fee. The fee of 50% of the total fee for the remaining contracted period, calculated in whole months or 100% of the fee payable for three months may apply for cancellations. Additional cancellation fees may also apply. Cancellation fees are applied at the sole discretion of EST.
29. The client hereby provides confirmation, acknowledgement and acceptance of the above mentioned terms and conditions. In addition, any cooling off period that would otherwise apply is hereby waived to allow EST to commence the provision of the service immediately.
30. Campaign output will be Archived for a period of 30 days, commencing from the date of dispatch of the output to the customer, unless an alternate period has been agreed in writing between both parties. The customer acknowledges no backup of said data is guaranteed or implied.
31. The Customer must not use any data as a results of an EST campaign for any unlawful purpose or any purpose likely to bring the company or its suppliers into disrepute.
Hosting, Data & Infrastructure Terms
“EST”, “EST Marketing”, “EST Hosting”, “EST Group” and “EST Connect” (used interchangeably, and collectively referred to as the “Service Provider”, “Provider”) refer to trading names of DCP Industries PTY LTD, incorporated in Queensland, Australia and/or trading names of Edward J Smith. DCP Industries Pty Ltd ABN 31 608 451 298. Edward J Smith ABN 68 658 126 939.
Services provided by EST (“the Service”, “Services”) may include marketing, hosting, cloud infrastructure, or other services set out in the Quotation/Order Confirmation, Service Summary, Contract, or the respective product page(s) on our website(s).
The services may utilise resources shared with other customers. These terms are designed to ensure a fair go for everyone. Anyone being selfish in their usage of services provided by EST, regardless of the intention, is breaching these terms and conditions. Don’t do it.
By using the services, you agree to be bound by these terms and conditions. Further, you agree to indemnify EST and/or its partners from any loss, liability, claim, damage and expense arising from or related to your content or use of any of our services.
EST may revise these terms and conditions from time to time by posting a new version of this document on our website. It is the account holders responsibility to keep up to date with these changes.
As a customer of EST, you accept legal responsibility for use of the account, and are at least 18 years of age.
Under no circumstances can our services be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws is strictly prohibited. No exceptions.
We do not provide guarantees in regards to the suitability of our products to individual customers. It is entirely the customers responsibility to decide if our products are fit for the intended purpose.
No interaction of any kind with EST, its employees or associates, whether written, oral or otherwise, shall create any warranty not expressly stated in these terms and conditions.
EST Hosting (on behalf of the entire EST group of companies) dislikes SPAM. If you use any kind of spam (whether electronic mail, message board postings, or any other similar method) to promote your business, your access to our services will be immediately terminated without recourse. Further, you promise to gift us your first born in recompense, and that they will already be toilet trained.
EST Hosting reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or the EST Hosting services. As a customer of EST, you provide a personal guarantee against any loss or penalty we may suffer as a result of your use of the service. We reserve the right to terminate any account without notice, and will charge the customer for costs incurred as a result of any abuse or misuse. EST Hosting may also suspend or terminate your service at any time without providing you with a reason.
You are responsible for any misuse of our services by anyone using your account or website, regardless of whether it was with or without your consent. You must take steps to ensure that others do not gain unauthorised access to your account or website. We cannot accept responsibility if the website is hacked or goes down independently of our web server(s). The website software associated with the website, such as Word Press and Plug-Ins, becomes the property of you, the website owner, and it is your responsibility to ensure that such software is updated as may be necessary to ensure the continued smooth running of the website.
EST Hosting reserves the right to refuse new orders or renewals to anyone at our sole discretion without prior notice.
EST Hosting will attempt contact with a customer on two separate occasions prior to account suspension/termination – unless otherwise stated. Unless you specifically request cancellation of your service, your service term will automatically renew for a further period. You acknowledge that if you do not wish to continue with your service, it is your responsibility to request cancellation of your service before it is automatically renewed.
Due to the nature of the service we provide, it is not possible to guarantee, and we therefore we do not warrant that the service will be provided free of interruption or free from intrusion or hacking by external parties.
EST Hosting provides no guarantee whatsoever against loss of data. Customers must keep their own copy of all valuable data.
No intellectual property rights are assigned to you in the use of a service provided by EST Hosting. You understand that this is merely a contract for services, no partnership or other joint venture is inferred or implied.
We suggest you don’t keep emails on our servers for more than 60 days. You agree to our suggestion, and decide to download a local copy.
EST Hosting services are provided on a month-by-month contract, unless otherwise stated. Should you wish to terminate your service, you agree to provide one months’ notice.
You agree to contact us if you have any questions. We agree to listen and provide answers where appropriate.
Domain Name Registrations – Once a domain registration has been completed, no refund is available for any reason.
Hosting – Any setup fees paid by the customer to provision a service will be non-refundable. Hosting fees are non-refundable for any reason. Customers will also not be entitled to a refund if they are found to be in breach of our Terms and Conditions.
SSL Certificates – Once an SSL certificate has been issued, no refund is available for any reason.
Refunds outside of this policy will be provided at the sole discretion of EST Hosting. No correspondence will be entered into inside or outside of this policy.
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience, improve our website, improve customer service, process transactions and to send periodic e-mails. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any company outside the EST group for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
You will be able to unsubscribe from any marketing activity at any time.
We offer the use of a secure server to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
We do not sell, trade, or otherwise transfer to parties outside the EST Group your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Because we value your privacy we have taken the necessary precautions to be in compliance with the Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Document Date June 2019
EST Connect is committed to providing you with the best possible customer service experience. EST Connect is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future EST Connect customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Use of tracking technologies
EST Connect uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. EST Connect takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
For the purposes described above, information may be shared with The EST Group of companies, or any company owned by DCP Industries, either in Australia or overseas. Also, in order to operate the web site or deliver a service, personal information may also be shared with a service provider; a non-EST Group or DCP Industries company.
Links to other web sites
EST Connect provides links to web sites outside of the EST Connect site. These linked sites are not under the control of EST Connect, and EST Connect is not responsible for the conduct of companies linked to the EST Connect web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. EST Connect reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Call: (07) 3305 0093
P.O Box 2150,
Milton, QLD 4064,
E-mail: [email protected]