Terms & Conditions

Welcome to The Intuitive Technologies Australia Pty Ltd platform. We provide software development and IT consulting services (“the services”) via the Intuition Softech Australia Website accessible at the URL https://Intuitionsoftech.com.au/. These terms of service (“Terms”) serve as an agreement between you and (“Intuition Softech Australia,”). When we refer to “You” within the document, we mean Users, or Customers, when we refer to “We”, “us”, “our” within the document we mean Intuition Softech Australia or Intuitionsoftech.com.au powered by The Intuitive Technologies Australia Pty Ltd

Introduction

We may provide you with the ability to use certain features of the site (the “Services”).  Your access to and use of the Intuition Softech Australia site is conditioned on your acceptance of and compliance with these Terms.

PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING AND USING THE INTUITION SOFTECH AUSTRALIA SITE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS AND EVERY OTHER AGREEMENT PROVIDED BY THE INTUITION SOFTECH AUSTRALIA WEBSITE.

User Agreement 

The following Terms describe the terms and conditions on which we offer you access to our Services, defined below. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Intuition Softech Australia site and Services in any way.

You must not under any circumstances seek to undermine the security of the Intuition Softech Australia Site or any information submitted to or available through it. You are solely responsible for any content submitted by you to this Site and should ensure all contents supplied are true, accurate, up-to-date, and not misleading or likely to mislead or deceive any user. Nor should you supply information that is discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful, or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark, or other intellectual property rights of any person in any jurisdiction. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.

Privacy Statement

We may collect and store personally identifiable information about you when you visit the Intuition Softech Australia site (“personal data”). This information may include but is not limited to, full name, phone number, URL, domain name, I.P. Address, or email address. We may use this information to provide our services to you or contact you about various services from time to time and to improve the services and user interaction based on the information collected. Please see our privacy policy for more information.

Who We Are

We provide mobile applications, custom web applications, VR/AR applications and quality assurance services. We offer a full cycle of a software development, starting from analysis to design, development and completing with maintenance. We combine proven methods, professional knowledge, latest technologies and expertise of our skilled and dedicated team of professional developers, testers and designers to deliver high-quality solutions.

Request a Call Back

Customers can request a call back from us to discuss in details, their needs and project requirements, as well as turn the around time. When you use this feature you will be directed to provide us some personal information such as your name, Email address, phone number and a space to compose a short message to us. Our Support channel, will endeavor to respond to your request within a reasonable time.

Request a Quote

Customers who wish to use our services can use the Request a Quote Button on the site to get full details of all prices to our products and services. Or perhaps you can use the Request a Quote button, to get a custom quote for the services you wish to purchase from the Intuition Softech Australia. When you use this feature you will be directed to provide us some personal information such as your name, Email address, phone number and a space to compose a short message to us. Our Support channel, will endeavor to respond to your request within a reasonable time.

Service Price, Fees.

For the performance of the Services and rendering the Deliverable, the Customer shall pay to the Intuition Softech Australia all fees due according to the milestones agreed and described within the scope of the service and MSA to provide the services agreed between the parties.

We will send email notice of each milestones with an invoice for reminder of fees due for payment. Any service with Ten (10) business days past due, for any reason, will be suspended and incurred a late fee per day added to the Customer’s outstanding balance. Following the expiration of the initial term, Intuition Softech Australia may increase the fees for any Service with thirty (30) days advance written notice unless the Customer has agreed to a fixed renewal term. If Intuition Softech Australia is required by law to pay taxes for the provision of the Service, the Customer agrees to pay the amount of the tax that is due or provide Intuition Softech Australia with satisfactory evidence of the Customer’s exemption from the tax

Deposit

The Customer agrees to an initial pre-payment (the “Deposit”) to Intuition Softech Australia before the commencement of the service. This payment shall be a project kickoff Deposit of the agreed amount to provide the services and shall be non-refundable if the Customer cancels the project before its completion.

All deposit and payments shall be paid in accordance with milestones agreed and described within the scope of the service and MSA.

Expenses

The Customer agrees to reimburse Intuition Softech Australia for all expenses related to the service bind-ed by this terms and conditions and the Master Service Agreement, with or without the proof and invoice of receipts provided by Intuition Softech Australia.

Invoice Interval.

Intuition Softech Australia will be entitled to invoice the customer of each milestones with an invoice for reminder of fees due for payment as agreed in the scope of the MSA.

Method of Payment

The Customer agrees to use the following payment method to receive fees for rendering the services, Intuition Softech Australia accepts the following forms of payment: Bank transfer, Cheque, PayPal, etc.

Word Product and Ownership

The customer agrees that all work product created by Intuition Softech Australia as regard to any contract belongs to Intuition Softech Australia until or unless the Customer pay up all outstanding payment. All titles and ownership of the work product will be transferred to the Customer upon clearing up all final outstanding payment.

Customer Support

At Intuition Softech Australia we provide a 4 weeks free-support to most of our projects, services, post-production-deployment; We expect the Customer to request support or bug fixing complaints during this 4 weeks Support period; if this period has passed and we don’t get any issues or bug reported then we consider the project a success and any bug or issues raised after the 4 weeks will be charged on time and material basis.

For customer support with service-related questions (“Customer Support Queries”), please send a message to our Customer Service department using our email at info@intuitionsoftech.com.au. We will use reasonable endeavors to respond to all Customer Support Queries within 24 hours.

Who May Request Support Service

Intuition Softech Australia will provide support only to Customer, not to any other person Customer authorizes to use the Services. There are no third-party beneficiaries to any Agreement, meaning that third parties do not have any rights against either Intuition Softech Australia or the Customer under any Agreement.

Customer Agent or Representative

Intuition Softech Australia agree that the Customer may assign any staff or agent deems fit and capable to represent the Customer in terms of project communication, decisions of variations or extra work and project deliverable acceptance. However, any staff or agent utilized by the Customer agree to be bound by the terms of this Agreement. The Customer also agree to replace the staff or agent should the need arise, and also understand to transfer the required project knowledge to the new representative and if project gets delayed for this reason, the Customer agree to pay up any extra charges for this delay. We reserve the rights to terminate any project at our own discretion and our early termination fee shall apply including any outstanding payment.

Data Collection

If you Request a Quote or Request a Call Back via the Intuition Softech Australia website, or you use our services you may be required to submit information and content to the Intuition Softech Australia Services, such as PII (personal identifying information ie, Full name, Email Address, Phone number), encrypted data, communications and usage data, all of which qualifies as ‘User Data’. All data collected on the Intuition Softech Australia platforms complies with the Australian Data Privacy Directives (13 Australian Privacy Principles (APPs)) and Requirements.

By using our services, you understand that the Intuition Softech Australia, shall have access to view and use your User data to understand your project requirements and needs. We will act as your data controller and we will treat your personal information with utmost care and privacy. We will not sell your data and will not disclose your data without your express consent and permission. Please see our Privacy Policy page for more information.

Eligibility for Access 

By accessing and using the Intuition Softech Australia site, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract.

Copyrights Infringement Policy

Intuition Softech Australia are strongly against the exploitation of someone else’s intellectual property or Copyright. If you believe any contents of the Services violate your copyright, please notify our copyright agent in writing or contact the third-party site in question, since the Intuition Softech Australia website content is a combination of different authorized third-party known as shops. However, the contact information for our copyright agent is at the bottom of this section.

For us to take action, you must do the following in your notice:

• Provide your physical or electronic signature;
• Identify the copyrighted work that you believe is being infringed;
• Identify the content that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
• Provide us with a way to contact you, such as your address, telephone number, or email;
• Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
• Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent: info@intuitionsoftech.com.au

Copyright and Trademark Disputes

You agree to follow Intuition Softech Australia Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree Intuition Softech Australia may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.

Acceptable Use Policy (AUP)

The following sets forth Intuition Softech Australia “Acceptable Use Policy”:  You agree not to use the Intuition Softech Australia site or Services to collect, upload, transmit, display, or distribute any User Content

• No Fraud:we do not tolerate Fraud in any capacity
• No Interference.You may not interfere with any other user’s ability to use or enjoy our Services.
• Don’t Damage Our Services or Servers.You may not post or facilitate the distribution of software viruses or any computer code designed to disrupt, damage, or limit our Services’ or obtain unauthorized access to our Services or Content or any data or other information of any third party.
• No Unauthorized Access.You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content, or any information contained therein for any unlawful purpose. Intuition Softech Australia, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
• No Collection of Personal Information from Other Users.You may not collect information about other users of our Services or use any such information to transmit or facilitate the transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
• Follow These Terms of Use and Conduct Rules.You may not take any action on or through our Services that violates any applicable law or these Terms of Use.

If You violate these platform guidelines, we reserve the right to remove You and any of Your Content from the Intuition Softech Australia Platform. Whether conduct violates, our rules of conduct will be determined at Intuition Softech Australia‘s sole discretion.

Customer’s Obligations

Customer must use reasonable security precautions in light of its use of the Services, including but not limited to

• All upgrade and security patches provided by software installed and/or running under the Intuition Softech Australia’s Services. This also includes encrypting any PII transmitted to or from or stored on, the Intuition Softech Australia’s servers or storage devices used by the Customer.
• The customer must comply with the laws applicable to the use of the Services and with the Intuition Softech Australia’s AUP.
• Customer must cooperate with the Intuition Softech Australia’s reasonable investigation of Service outages, security problems, and any suspected breach of any Agreement. The customer must provide the Intuition Softech Australia with accurate information to help the Intuition Softech Australia determine if any tax is due concerning the provision of the Services.
• The customer is responsible for keeping its billing and other bank account information up to date.
• Customer must pay when due to the fees for the Services stated in this Agreement.
• Customer is responsible for all activities that occur under the use of the software registered under the Customer data, regardless of whether the activities are authorized by the Customer or undertaken by the Customer, Customer’s employees, or a third party (including Customer’s contractors, Agents or End Users),
• Service Provider is not responsible for unauthorized access (not attributable to the Service Provider).
• Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data and content on the Software Application or services.

After delivery of the services by Intuition Softech Australia, the Customer agrees to give feedback regarding the quality of the service and if 4 weeks have passed without any feedback from the Customer then the project will be considered completed.

Intellectual Property

Intuition Softech Australia retains all right, title, and interest in the performance of the services, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage history”) Usage Information, and any derivative works thereof. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark, and other proprietary rights notices presented on our site must appear on all copies you print.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Intuition Softech Australia site, Services. Neither Intuition Softech Australia nor any other party involved in creating, producing, or delivering the Intuition Softech Australia, Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms.

Early Termination

The customer may terminate their service or agreement but agree to send the Intuition Softech Australia a thirty (30) days advance written notice with full understanding to pay an early termination fee. If Customer terminates any Agreement for convenience or the Company terminates an Agreement due to Customer’s breach, in addition to other amounts Customer may owe, Customer must pay an early termination fee equal to the monthly recurring fees for the remaining portion of the then-current term, unless otherwise stated in the applicable Agreement.

Termination by Us

The Intuition Softech Australia reserves the right to terminate this Agreement or services for breach if the we discover that the information provided by the Customer to establish the Services is materially inaccurate or incomplete, or the individual using our services do not have legal right or authority to enter into the Agreement on behalf of the person represented to be the customer, or the Customer’s payment of any invoiced amount is overdue and the Customer does not pay the overdue amount within a specified period after a written notice, or Customer fails to comply with any other provision of our services or Agreement and does not remedy the failure within thirty (30) days of the Intuition Softech Australia’s notice to Customer describing the failure.

No Guarantees or Warranty Disclaimer.

Except as expressly provided in any agreements, all products and services provided are created by the company and accepted by customer “as is”, “with all faults,” and without any warranty whatsoever. All other warranties, express or implied.

Including any warranties of title, merchantability, or fitness for any particular purpose, are specifically excluded and disclaimed by the company. The company does not warrant that any product or service will meet customer’s requirements or that it will be uninterrupted or error-free.

Refunds

At Intuitionsoftech.com.au we do not offer refunds. All purchases are final and non refundable. If you think this decision does not satisfy your curiosity please contact us at info@intuitionsoftech.com.au

Indemnity 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any case without the prior written consent of Intuition Softech Australia. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Your feedback

We encourage you to share your reviews and feedback with us, and we promise to respect your feedback irrespective of the outcome, for it helps us improve on our services and make us serve you better. By submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense freely) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

Our GDPR and APPs Data Protection Compliance

We are committed to protecting the privacy of your personal information and that of our participants. By using the Intuitionsoftech.com.au Services, You acknowledge and agree to Intuitionsoftech.com.au collection, usage and disclosure of personal information is governed by the Australian Data Privacy Directives (13 Australian Privacy Principles (APPs) Requirements and the European Union GDPR Data protection regulation.

We collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for competition services on the Intuitionsoftech.com.au Website. To this end, Intuition Softech Australia’ Data Protection Officer (DPO) constantly ensures compliance of all personal data processing in progress within Intuition Softech Australia operations.

Also, Intuition Softech Australia certifies the following:

• We have implemented appropriate technical and organizational measures to ensure and be able to demonstrate that the processes are carried out under the GDPR and the Australian Data Privacy Directives (13 Australian Privacy Principles (APPs) on Personal Data Protection when it acts as the data controller.
• We will provide sufficient guarantees as to the implementation of appropriate technical and organizational measures so that any processing of personal data meets the requirements and guarantees protection of the rights of the person in question when acting as a subcontractor.
• In the event of subcontracting, it retains only those subcontractors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented so that any processing of personal data meets the requirements and guarantees protection of the rights of the person in question
• Lastly, Intuition Softech Australia undertakes to implement appropriate technical and organizational measures to retain personal data for the duration stipulated depending on the nature of said data.

Intuition Softech Australia is committed to protecting the data of your personal information and that of our users. By using Intuition Softech Australia Services, You acknowledge and agree that Intuition Softech Australia collection, usage, and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) You are established in the European Economic Area (EEA); (b) You provide Intuition Softech Australia Services to customers in the EEA; or (c) You are otherwise subject to the requirements of the EU General Data Protection Regulation GDPR and the Australian Data Privacy Directives (13 Australian Privacy Principles (APPs), Intuition Softech Australia’ collection and use of personal information of any European residents are also subject to our Data Processing Addendum.

Choice of Law

This agreement And the Relationship between You and Intuition Softech Australia Shall be governed by the court of Sydney, NSW Australia, and any applicable federal law. Any disputes relating to these terms and conditions shall be subject to necessary Arbitration.

If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you. However, ultimately it is your choice as to whether you wish to use our website.

Ownership

The Intuition Softech Australia site, Services and Intuition Softech Australia Content are protected by the Australian copyright law, trademark, and other laws of foreign countries.

Copyright Notice

Copyright ©2021 Intuition Softech Australia website and services.

Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Intuition Softech Australia website and the material on our Intuition Softech Australia site

All The Copyright and Other Intellectual Property Rights on Intuition Softech Australia site And the Material on Our Intuition Softech Australia site Are Reserved.

Complaints 

If you have any questions regarding this agreement, please contact us by email at info@intuitionsoftech.com.au