Terms and conditions of use of any services of AnythingNet

Please take time to thoroughly read through our Terms and Conditions. Client refers to the project initiator requesting services by AnythingNet.

By contracting AnythingNet to execute your project you are agreeing to these terms and conditions. AnythingNet reserves the right to revise any part of our Terms and Conditions at any time.

Confirmation
To confirm a project you must complete and confirm commencement of a project in writing through email, form submission or any other method that indicates you have initiated a project, we would also require the requested deposit payment.
Upon clearance of the deposit payment, a confirmation email will be sent to you and the project will commence.
If the deposit and /or any project information isn’t received AnythingNet reserves the right to cancel the prospective project, without any liability or consequence.
Payments
No work can commence without payment
The project Form signatory, the Client and any Credit Card signatory are jointly and severally liable for payment of all fees and charges (whether relating to the project, any cancellation or postponement or otherwise).
A full payment is required
If the case when the full payment can’t be made, we accept the following payment terms:
Initial payment – 50%
Progress payment – 25%
Final payment – 25%
Any late and overdue payments over fourteen days will automatically suspend your projects. Full payment is required to un-suspend your projects. Failure to result in any payment, we may refer your account to a debt collection service or default your business name as per the
Payments can be paid by either credit card, bank direct deposit, cash or cheque. Anything Net accepts the following credit cards: Visa and MasterCard.
100% of payment must be paid before project is finalised. Final stage means we will provide you with your login details, source code files, development files and finalised files. It is your responsibility to check the project details before final payment has been made.
All payments, excluding the deposit, made by credit card will incur a 2.7% surcharge
Direct debit is handled by a third party and you agree to their terms and conditions
Travel times and associated meeting costs related to travel to and from clients sites will be charged at 50% the rate of AnythingNet’s resource hourly rate
Annual rates: AnythingNet reserves the right announced or unannounced to raise its fees at the start of both financial and calendar year by a minimum of 5% with or without notice.
In the event of default on payment by “the Customer”, “the Customer” will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitors’ costs) on a full indemnity basis.
Cancellation, kill clause, suspension
If a project is cancelled by the client for no valid reason, AnythingNet require 100% payment to be finalised before the project can be officially ‘cancelled’ or closed
Kill clause: If the client decides to put things on hold for more than fourteen calendar days without contact we reserve the right to close the project and pursue the project balance via debt collection methods
Suspension/ skill freeze fee: if the client wishes delay or ‘suspend’, ‘freeze’, or delay fourteen days or greater, with or without pre-arrangement. AnythingNet reserves the right to charge a ‘skill freeze fee’. This means that the client has shelved the right to re-use a certain resource for a prolonged amount of time for up to 90 calendar days. The fee will be 10% of the normal hourly rate which allows AnythingNet to hold onto the right skills for the project or find an appropriate replacement.
It is the clients responsibility to keep in contact with AnythingNet staff
Termination of Client Service: If Anything Net finds evidence that you are in breach or abuse of any goodwill, we at any time, reserve the right to terminate your account without written notice and a or reason, as well as block any of your information, including, but not limited to your IP Address, e-mail, phone number, etc. Further, you agree that Anything Net is not liable for any loss to you or third party due to the termination of your account. You will not receive a refund of credits if your account has been terminated. Anything Net reserves the right to deny your request to post your project to Anything Net at any time, for any reason or under any circumstance.
Projects including ongoing projects
A project has a clear start and finish, usually determined by project deliverables/functions to be delievered
An ongoing project has a start/set up phase and an ongoing phase
Project scope. Are the basic requirements of a project and the ‘job that needs to be done’. A statement of work and all relevant documentation will be supplied by the client
Change requests: Will be documented and quoted and applied appropriately. If the client approves in writing and/or via payment we will adjust the projects constraints: time, cost/resources and cost and adjust project details appropriately to reflect any changes.
We require one stakeholder or decision maker. We do not accept two or more stakeholders, in the rare occasion that it is a must to have two or more stakeholder, we understand that anyone who approves the projects progress represents the company in terms of project decisions and payment
Project processes are subject to change but in many cases AnythingNet staff will advise of ‘what to expect’
Scope changes: It is understood that changing the scope will affect any of the following: time, resources/human resources, availability and cost which will impact your project
It’s is the responsibility of the client to supply Anything Net with project content, unless AnythingNet has agreed to provide content on the clients behalf. Anything Net is able to source content at an additional cost. You will be quoted and advised before any charges are applied to your account. Once content has been added, it is your responsibility to check and verify all work. We allow 48 hours for corrections, if no communication is received it is assumed that you have seen and approved the content. Changes after this time period may incur a fee
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your project by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course doesn’t apply to images that you own and provide to us for use on your website
Intellectual property
The ongoing systems and processes which that run your projects remains the property of AnythingNet at all times. The coding, programming and intellectual property that creates your website is owned by Anything Net
3rd party code is the party of the third party and AnythingNet and clients whom engage the services of a 3rd party voluntarily agree to its terms and conditions.
Any unauthorised code, copying or duplication is prohibited during the development of the code until the project has been signed and delivered to the client in the close stage.
Non-compete/exclusivity; AnythingNet reserves the right to utilise its intellectual know how to develop similar projects. In the case where the client wishes to offer AnythingNet the exclusivity right to build a certain software for a certain client. AnythingNet will calculate a ‘buyout’ figure for a period of time.
Licensing of a certain code must be authorised and arranged by AnythingNet and a financial reimbursement must be in place before any reselling takes place
Non-disclosure agreements: Any non-disclosure signed will have a duration of ninety days
Services
Services provided by AnythingNet details will be disclosed during time of quotation and invoice
Marketing services makes no promises of any return on investment
App development services offered by AnythingNet on occasion need to be submitted to 3rd parties such as Apple Incorporated and Google Play application stores. If this is the case we take no responsibility to the terms and conditions set by these parties
We test an run on the browser compatibility of your web applications /website services on the main three browsers: Firefox for Windows, Google Chrome for windows and Internet Explorer for Windows, any additional testing on previous and other platforms will be quoted separately
Contractors
Any contractors will be covered under all these terms and conditions you read
Anythingnet reserves the right to sub-contract your work it receives
Quotes and prices
All prices are current at the time of quotation and are subject to revision prior to confirmation, unless otherwise agreed
All written quotes are valid for 7 days from the date of quotation for project changes, additional items and new projects unless withdrawn by Anything Net prior to receipt of both a properly completed, signed registration Form and the required deposit in cleared funds
AnythingNet prices are displayed on the www.anythingnet.com.au and will reflect the current pricing
Public holiday surcharge
A surcharge is applicable on public holidays if you explicitly ask us to work over public holidays. Our standard surcharge for delivery of your project may be delayed or billed and additional surcharge if you instruct is to deliver your project on public holidays. If you approve us to work on public holidays a surcharge of 25% will be added to the our hourly cost
Force majeure
Should Anything Net be prevented or substantially impeded from implementing and/or providing any services contemplated or confirmed, due to circumstances beyond its control (such as, fire, flooding, power failures, natural disasters, strikes, lock-out, war, terrorism, Government intervention (direct or indirect), Government or other development or redevelopment (direct or indirect), sabotage or Acts of God) the Client will make no claim for loss or damage against Anything Net or any related entity or person and will not permit any party to make any claim through the Client.

Indemnity, limitation of liability and insurance
The Client and the Card Holder indemnify Anything Net and any related entity or person, their servants or agents, against any claim, cost, loss, damage or liability howsoever arising which relates in any way to the Event, any related thing arising prior to, during or after the Event, these Terms and Conditions and anything governed by them or any part of the services contemplated (“Services”), including any liability which Anything Net cannot or has not excluded under these Terms and Conditions.
To the fullest extent legally possible, Anything Net and any related entity or person, their servants or agents will not be liable and no claim shall be made by or through the Client, Card Holder, any guest, outside contractor or any invitees of the Client or by any other person who has or may hereafter have any interest in any part of any Services or otherwise, against Anything Net or any related entity or person, their servants or agents which imposes or attempts to impose any liability whatsoever in connection with any part of the Services or otherwise, including any claim in tort or contract and whether for trespass, negligence, misfeasance, wilful act or omission, default or otherwise and whether claiming for contingent, consequential, direct, indirect, special or punitive damages or otherwise.
For the avoidance of doubt, any liability under the Trade Practices Act or otherwise, which cannot be legally avoided will be limited to the supply of the Services or the supply of the Services again.
If Anything Net allows client appointed suppliers to participate in the project. The Client’s contractors will be liable for any project scope creep and delays.Anything Net requires client appointed suppliers to take out all appropriate insurance reasonably required by Anything Net for the Event in consultation with the Anything Net group and provide proof of cover with a reputable insurer at least 2 working days before working on a project. Failing which Anything Net reserves the right to cancel the project without any liability or consequence if it appears apparent that there may be a serious breach in quality of service.
E Commerce and payment gateway projects
Anything Net will load one product per category for e-commerce websites, with a maximum number of products stipulated by the package purchased. It is the client responsibility to load and manage all product and content unless stated otherwise.
Anything Net will provide a basic manual of training through PDF format, and if requested we can offer one one-on-one training for an additional fee. You will be notified of the cost of the one-on-one session costs.

 

Website Footer Reference
All websites include a discrete footer reference and link to Anything Net’s main website or other websites. Sites requiring clean footers will be charged an additional flat fee of $1,500
As part of your project build and ongoing customer service Anything Net has the right to include ink/s from yourproject to Anything Net. Removal of the link also voids you of any support from AnythingNet

 

Website Hosting
We will commence charging your monthly fee upon activation of your project, domain name and landing page. Your account incurs costs us for items such as project support, domain name, email hosting, bandwidth, server disk space and system upgrades and therefore the hosting fee must commence at this stage. The monthly hosting fee must be set up on either a periodic direct debit from a nominated bank account or credit card payments. We do not accept cheques or cash for hosting fees. Should your monthly hosting fall in arrears of more than 15 days your website will be deactivated until which time the account is up to date. The term of hosting with Anything Net is either, 24 or 36 months depending on the agreement at time of booking and a minimum term of 12 months. Hosting is subject to an annual rate review and any changes will be advised via email one month prior. Sites are not able to be packaged and moved to another hosting provider, by us. If you decide to move to another hosting company you do this at your own expense and resources. If you account falls overdue, a suspension/freeze will incur , if your account remains 30 days overdue from the original due date we reserve the right to delete all data used by your account to make room for other accounts. If you would like us to unfreeze your account we charge a $65 unfreezing fee and you will have 36 hours to recover all data. If you would like us to recover lost data we will quote you if we have a backup of your data. By contracting the services of Anything Net you agree to hosting your website with Anything Net for the life span of your website. You are billed for the services in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current plan you have used.
Requests to cancel an account must be in written format. Once we receive your request we will reply with a written confirmation of cancellation.
Additional hosting fees:
Data Transfer and Disk Space
Your monthly fee includes:
100MB disk space
We endeavour to provide at least 95% uptime on all of our hosting. Your website must be hosted on our servers for the duration of your contact with us. Given the nature of our Content Management System (CMS) we cannot build or support your website unless it is hosted by us.
Our systems are highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will endeavour to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.
10GB mthly data transfer
Additional space = 0.40c/MB additional data = $20/GB (subject to review)
Additional charges will be billed at the end of each calendar month
No Spam Policy: You agree not to use Anything Net as a form of solicitation, e-mail advertisements, or anything spam related or classified. Which includes but is not limited to Anything Net databases, servers, or computer systems. Any violation or unauthorized use of Anything Nets computer systems is in violation of not only these Terms & Conditions but also certain state & federal laws, including & without limitation to the Computer Fraud & Abuse Act. Such violations may subject one to civil & criminal penalties and will be prosecuted in Australian jurisdiction.
Promotional Material
Anything Net reserves the right to use client websites, web designs, layouts, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives. Please advise at time of booking if you would like to be excluded from such activity
Support
Anything Net provides ticketed support during Australian business hours 9am -5.00pm Monday to Friday. We are closed on Public holidays and the office is closed for 10 business days during the Christmas/new year break.
We offer a 14 day project warranty on all projects, which is covered under the ‘warranty’ section.
Post 14 days support will be charged additionally
Different tiers of support
  • Tier 1 – Customer Service (free for new enquiries)
    • Basic support offered through phone: 1300 944 339.
    • Example is new customer enquiries, existing warranty coverage, financial and additional services
  • Tier 2 – Technical Support (paid support)
    • Basic advice and understanding of your technical project.
    • No programming at this stage
  • Tier 3 – High-Tech Support (paid support)
    • Full debugging and dedicated support
    • Heavy coding package
  • Tier 4 – Special-Tech Support (quoted)
    • 3rd party developer involvement
    • Unknown coding requirements
All support enquires must be in writing through the correct support channel.
Abuse of the warranty and support service. If we feel that the warranty and support services are abused we will notify you in writing and may suspend your services until a mutual understanding is agreed to.
For support pricing packages please refer to: www.anythingnet.com.au

 

Your Privacy
Your privacy is important to us. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

 

Use of Email Newsletters and Databases
If you choose to use our email newsletter facility you must abide by the relevant electronic messaging laws. By using our email newsletter system you agree to not use the system for the purpose of spam. Only send emails to addresses that have requested to receive information from you. We will not be responsible for the emails and any electronic correspondence sent from our system by you. We will fully co-operate with relevant legal authorities requiring information about the efforts of spammers.
Fair Use Policy
We employ a fair use policy to our hosting. If we believe, for any reason, that you are not behaving in a manner expected of a Anything Net customer then we reserve the right to terminate your account – effective immediately.

 

Warranty
All web development and mobile application projects are covered by our 14 Day Warranty. Your 14 day warranty starts when all project deliverables have been met according and communicated with the client.
Any changes after this date will incur additional fees.
What the warranty does not cover: Any new features will need to be quoted separately additional non-project related support. Example: how to market a product, or corporate stationery isn’t covered by warranty.
Abuse of the warranty and support service. If we feel that the warranty and support services are abused we will notify you in writing and may suspend your services until a mutual understanding is agreed to.
All warranty claims must be in writing through the right support portal.
Communication
For streamlined communication we will not support any enquiries through SMS and any face-to-face or phone requests must be documented by the client via a detailed email within 24 hours outlining all the topics discussed and actionable steps along with any paid/unpaid tasks.

 

Disclaimers of Warranties
Anything disclaims any and all responsibility for the content, legality, reliability, accuracy of all or any information or material on this website. Using Anything Net and its services is purely at your own risk. Anything Net (for mobile app developer and application development projects) disclaims any warranties for services received through this site or acquired through or related to. Anything Net disclaims any harmful components in connection to Anything Net or its services.

 

Legal Compliance
You agree that you are following and abiding all applicable local, state, federal and international laws and regulations in the Australian jurisdiction.