Terms and Conditions

Welcome to Dadek Digital. By accessing or using our services, you agree to comply with the terms and conditions outlined below. These terms are governed by Australian laws, including the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)). Please read them carefully to ensure a clear understanding of your rights and obligations when engaging with Dadek Digital.

  1. Definitions

  • "Dadek Digital": Refers to the service provider, also referred to as "we," "us," or "our."

  • "Client": Refers to the counterparty entering into an agreement with Dadek Digital.

  • "Agreement": Refers to the service agreement between Dadek Digital and the client.

  • "Parties": Refers collectively to Dadek Digital and the client.

2. Applicability of Terms

These terms and conditions apply to all quotations, offers, work, agreements, and service deliveries by Dadek Digital. Variations to these terms are only valid if agreed upon in writing. The agreement constitutes a best-efforts obligation and not an obligation to achieve specific results.

3. Payment Terms

  1. Invoice Settlement:

    • Invoices must be paid within 14 days of issuance unless otherwise agreed in writing.

    • Payment delays will result in default without further notice, entitling us to suspend services until payment is received.

  2. Default Consequences:

    • In cases of non-payment, collection proceedings may commence, with all associated costs borne by the client.

    • Immediate payment is required in cases of liquidation, bankruptcy, or suspension of payment by the client.

  3. Applicable Law:

    • Payment terms comply with the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), Schedule 2, Part 3-2, Division 2.

  4. Late Fees and Interest:

    • Late payments will attract an interest rate of 10% per annum, calculated daily, until payment is made in full.

4. Offers and Quotations

  1. Validity:

    • Offers are valid for up to one month unless otherwise specified.

    • Offers expire if not accepted within the validity period.

  2. Applicability:

    • Offers and quotations do not apply automatically to future work.

  3. Compliance:

    • Offers adhere to the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), Schedule 2, Part 3-2, Division 1.

5. Price Adjustments

  • Prices and hourly rates may be adjusted annually on 1 January to reflect changes in market conditions.

  • Clients will be notified in writing of adjustments as soon as practicable.

6. Client Obligations

  1. Provision of Information:

    • Clients must provide accurate and complete information relevant to the services.

    • Failure to provide required information may delay service delivery, with additional costs borne by the client.

  2. Liability:

    • Clients are responsible for the accuracy and completeness of provided information, even if sourced from third parties.

  3. Legal Compliance:

    • Obligations comply with the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), Schedule 2, Part 3-2, Division 2.

7. Intellectual Property

  1. Ownership:

    • All intellectual property rights related to our services remain with Dadek Digital unless explicitly transferred.

  2. Client Use:

    • Clients may use deliverables solely for their intended purpose and may not share or redistribute them without permission.

  3. Derivative Works:

    • Clients may not modify or create derivative works based on the deliverables without prior written consent.

8. Duration of Agreement

  • Agreements are generally for an indefinite period unless otherwise specified.

  • Timelines for specific deliverables are indicative and not binding unless expressly agreed.

9. Amendments to Agreements

  1. Adjustments:

    • Parties may amend agreements as necessary to achieve objectives. Such changes must be mutually agreed upon in writing.

  2. Consequences:

    • Amendments may affect costs and timelines. Clients will be informed promptly of such impacts.

10. Force Majeure

  1. Definition:

    • Dadek Digital is not liable for delays or non-performance due to circumstances beyond our control, including but not limited to supplier failures, natural disasters, strikes, or technical disruptions.

  2. Termination:

    • If force majeure persists for more than 30 days, either party may terminate the agreement without liability.

11. Assignment of Rights

  • Rights under this agreement cannot be transferred without prior written consent.

12. Claims and Complaints

  1. Expiry of Claims:

    • Claims against Dadek Digital must be lodged within 12 months of the event giving rise to the claim.

  2. Complaint Procedure:

    • Clients must notify Dadek Digital of complaints promptly and in writing, providing sufficient detail for resolution.

13. Indemnification

  • Clients agree to indemnify and hold harmless Dadek Digital against any liabilities, damages, or costs arising from:

    • Client-provided data breaches.

    • Misuse of services or deliverables by the client.

    • Third-party claims based on work provided under this agreement.

14. Dispute Resolution

  • Any disputes arising from this agreement will be resolved under Australian law. Parties agree to engage in good-faith negotiations before pursuing legal action.

15. Termination

  1. By the Client:

    • Clients may terminate the agreement by providing 30 days' written notice.

  2. By Dadek Digital:

    • We may terminate the agreement immediately in cases of client misconduct, non-payment, or breach of terms.

  3. Effects of Termination:

    • Upon termination, all outstanding invoices become immediately due.

    • Clients must immediately cease using deliverables and return or destroy any proprietary materials upon request.

16. Governing Law

  • These terms are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of Australian courts.

By using Dadek Digital’s services, you acknowledge and agree to these Terms of Service.