By registering, accessing or using any services developed, operated, maintained or hosted by Hatch Consulting Pty Ltd (“Hatch”) including all websites and IP addresses available at and configured for your use, you agree to be bound to the following terms and conditions (“Terms of Service.”).
The following Terms of Service apply to all versions of the Service, whether they be Free Evaluation sites or any Paying version of the Service during evaluation, implementation or production.
Hatch reserves the right to change, update and revise the Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service on its websites.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
1. The Service is intended for Adult use only. All users must be 13 years or older to access and use the Service. In accordance with the Children’s Online Privacy Protection Act (COPPA), Hatch will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
2. Hatch is not responsible for maintaining the security of your usernames and passwords, except to the sole extent whereby the username and password are maintained and stored within our servers or computers. It is your responsibility to notify Hatch if you believe your usernames or passwords have been compromised or used in an unauthorised manner. Hatch assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
3. You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under your usernames and passwords, unless such use of the username and password were made by an unauthorised third party due.
4. You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law.
5. If you cancel or terminate your account with Hatch, all of your content, data, information, text, files, documents, images and feeds will be immediately deleted from the Service.
6. Hatch claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service.
GENERAL CONDITIONS OF USE
1. You agree not to upload, post, email or transmit otherwise any other unlawful unsolicited email including “spam” to Hatch or any users of the Service.
2. You agree not to knowingly upload, post, email or transmit otherwise any material that contains, software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Service.
3. You agree not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene. Hatch, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party’s intellectual property.
4. You agree not to “reverse engineer,” change, modify, hack, make derivative works, exploit, or crack any portion of the Service for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
5. You agree not “crawl” or “spider” or release any automated software or service to obtain information stored, saved or contained on any web page as part of the Service.
6. You acknowledge, understand and agree that Hatch cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but Hatch cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
7. You acknowledge, understand and agree that Hatch provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement. Hatch also makes no warranty that the Service will meet the user’s requirements.
8. In the event of an interruption of service, user agrees to hold Hatch harmless and not liable for any minor, material or consequential loss to the user’s business, practice or services.
9. You agree to defend, indemnify, and hold harmless Hatch, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
10. Hatch respects the privacy of its users. Please read our Privacy Statement on the support site which forms part of these Terms.
11. You agree to receive administrative and legal notices about the Service electronically via email.
CUSTOMISATION TO YOUR INSTALLATION
When quoting for customisations any time estimates provided to complete the work represent our best estimates only and do not constitute a fixed price quote unless it is explicitly stated as such. Actual time incurred and charged to you for completing a job request may vary from the time estimate provided to you. In the event that the actual hours exceed estimated hours by more than 40% we will contact you at the earliest possible time during the job to obtain your approval before proceeding. In the event that the you choose not to proceed any further then the hours incurred up to that point in time will be chargeable to the client.
1. All fees for Australian companies are inclusive of GST (Goods and Services Tax) where stated.
2. All payments rendered are non-refundable. You may cancel at any time with 30 days written notice. Refunds and/or credits cannot be issued for payments already made.
3. Upon cancellation Hatch will destroy all content, data, information, text, files, documents, images and feeds that were created and accessed during your subscription to the Service. You may request an export of your data prior to cancellation through the Hatch support email address. Data will be extracted on a module by module basis and you will receive a single flat file (in .csv format) for each module plus a zip of any attachments/docs per module – one record in the system is one row in the extracted .csv file. There is a small fee, equivalent to two hours of the current customisation rate, to extract and provide your data.
4. Unless otherwise agreed Hatch may change the prices for any of its Services upon 30 days written notice. Any price changes will be made effective upon the next billing cycle.
5. In the event that you fail to pay any part of your invoice, and payment is more than 60 days past the due date of the invoice, then Hatch reserves the right to automatically suspend any account. Account suspension means that no users can log into the Service but you are still liable for any outstanding charges on the account including the late fee Extra Charges described below. The account will only be activated again on full payment of all outstanding monies. If you are unable to make payment for any amount we advise you to contact Hatchit and make a suitable arrangement.
6. Extra charges. In the event that you have not paid an invoice in full by the due date of the invoice Hatchit reserves the right to apply a late administration fee, calculated as the greater amount of either $15 per invoice (ex GST) or 2% of the total invoice value.
The failure of Hatch to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of Hatch. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Hatch shall be null and void. These Terms of Service shall be governed by the laws of NSW, Australia. These Terms of Service comprise the entire agreement between you and Hatch with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).