Terms and Conditions

Welcome to https://webcomsystems.com.au/(‘Website’). The Website Provides multiple services like digital marketing, web design and development, graphic design etc.

The Website is operated by WEBCOM SYSTEMS PTY LTD. Access to and use of the Website, or any of its associated Products or Services, is provided by WEBCOM SYSTEMS PTY LTD trading as Webcom Systems. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

WEBCOM SYSTEMS PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. Before you continue, we recommend you keep a copy of the Terms for your records.

1. All site content (text and multimedia) will be the sole responsibility of the client to provide to Webcom systems. Such should be provided prior to commencing the work.

2. The client is solely responsible to take proper backup of all content on their site/application prior to letting Webcom Systems undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be the responsibility of Webcom Systems under any circumstances.

3. The Contract does not hold Webcom Systems responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Webcom Systems on behalf of the client, will remain the property of Webcom Systems and/or its suppliers unless otherwise agreed.

4. While Webcom Systems will do its best to achieve all deliveries within the estimated time, there may, at times, be a need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays and the like.

5. Webcom Systems will provide the Client an opportunity to review the given delivery project (Website and Mobile Apps)once we are completed. Webcom Systems shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. If the client does not reply within this period, such material will be deemed to have been automatically accepted and approved by the Client.

6. The Client retains the copyright to data, files and graphic logos provided by the Client and grants Webcom Systems the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Webcom Systems permission and rights for use of the same and agrees to indemnify and hold harmless Webcom Systems from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Application development/or design shall be regarded as a guarantee by the Client to Webcom Systems that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

7. Webcom Systems will not accept responsibility for any alterations made by the Client or a third party to the Client’s pages/website/mobile application once installed/ deployed. Such alterations include, but are not limited to additions, modifications or deletions.

1. Any additional features not envisaged in the scope of work of the original contract would be entertained through a Change Management process and be additionally billed.

2. Most tweaks and minor changes/re-work are normally may normally be complied with, however, if in Webcom Systems’s estimation, this is being abused, a list of such works will be compiled being the grounds of abuse and such re-works/tweaks shall be billed additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates which may be determined by Webcom Systems.

3. The client must pay the fee charged by Webcom Systems towards any such add-ons/re-works without any deductions, discounts or debt settlement by the agreed due date. Payments

4. Webcom Systems accepts payments by Cheque, Cash or Bank Transfers (right to decline payment in any of the mentioned forms without notice is reserved). The client will be required to submit a transaction receipt and swift code for the Bank Transfers to aid payment tracking with the bank.

5. In the event that a client cancels the service prior to completion of the project, they may be liable to pay a cancellation fee The fee will be commensurate to the amount of work completed at the point of cancellation. A non-payment of this cancellation fee and/or overdue amount will result in legal action against the client.

Webcom Systems will put its best efforts to deliver the products within the agreed timeframe., However dates of delivery are liable to be revised due to inevitable technical reasons. The client is solely responsible to review the product upon its delivery and update feedback within 7 days. If during this period, no response from the client within this period, the project will be deemed to have been confirmed and accepted by the client.

1. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, without any claims or liability to pay finance charges or interest on the amount. Some situations that may result in your order being cancelled include but are not limited to inaccuracies or errors in Solutions or pricing information, technical or technological problems or problems identified in relation to credit / debit fraud. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled by the Company after your credit / debit card has been charged, the said amount will be refunded to that credit / debit card account.

2. Cancellation by you: You agree and acknowledge that unless stated otherwise you are not entitled to cancel any orders made by you on this Website. In the event you subscribe to any Solutions, the same may be cancelled by you one month prior to the provision of the Solutions, in such a case you will be refunded in the entire amount after deducting any bank charges that may have been applicable. Further during a period between one month and 14 days from when the Solutions are to be provided, if there is a cancellation request received, we may at our discretion refund 50% of the amount, after deducting any bank charges that may have been applicable, to you. A period of 14 days before the Solutions to be provided no request for cancelation will not be entertained by the Company.

1. Any third-Party support, product and/or service being used/ integrated into the application which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by Webcom Systems on behalf of the client on pre-payment for the cost of such procurement.

2. The fee charged by Webcom Systems is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.

3. No guarantees or warranties shall be provided by Webcom Systems regarding the accuracy, performance or quality of such 3rd-Party product/service.

4. Any upgrade in the 3rd-Party product/service being used in the project shall not be part

1. Webcom Systems will employ reasonable skill, care and diligence in providing the contracted service. However, no representation or warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the service shall be deemed to be made by Webcom Systems.

2. Webcom Systems hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the mobile application; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.

3. Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.

4. Webcom Systems cannot make guarantees of service on behalf of third-party organisations and will not be held liable for the failure in any service provided by third parties.

1. If a court finds any provision of this Agreement/ terms of service invalid or unenforceable, the remainder of this Agreement/terms of service shall be interpreted so as best to effect the intent of the parties. Either party may renegotiate the terms affected by the severance.

2. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

You agree to indemnify POSITIVE TRADE PTY LTD trading as Keplersoft, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

3. any breach of the Terms.

1. The terms of this agreement and the rights of the parties hereto shall be governed exclusively by the laws of Australia, without regarding its conflict of law provisions.

2. The parties irrevocably agree that the Laws of Australia shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.