By using the Tortoise Logic website ("Service"), or any services of Tortoise Logic Pty Ltd, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Tortoise Logic Pty Ltd reserves the right to update and change the "Terms of Service" from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.tortoiselogic.com/tortoiselogic/terms.html
Website Design
-
The Client is engaging Tortoise Logic Pty Ltd, as an independent contractor for the specific purpose of
designing/building a website ("Website Design") to be hosted with a Tortoise Logic Pty Ltd registered Internet Service Provider (ISP) computer, hereinafter refer to as "Hosting Service".
-
As part of the Website Design, Tortoise Logic Pty Ltd may provide the Client with access to the Tortoise Logic website to view and/or edit content (on limited parts of the Web Design), view communication with website vistiors.
-
The Client understands that Tortoise Logic Pty Ltd uses third party vendors, sub-contractors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
-
The Website Design may be developed using various open source and commercial software products.
-
Tortoise Logic Pty Ltd reserves the right, and you hereby agree, to assign subcontractors to this Web Design to insure that the terms and conditions are met as well as on-time completion.
-
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Tortoise Logic Pty Ltd for inclusion in the Web Design are owned by the Client,
or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Tortoise Logic Pty Ltd and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
-
The final website design will be published to the Client's hosting service (required to be hosted with Tortoise Logic's hosting service)
upon receipt of final payment. The Client agrees to utilize Tortoise Logic Pty Ltd’s hosting and domain service where internet orientated work is carried out by Tortoise Logic Pty Ltd.
The Client allows Tortoise Logic Pty Ltd full access to the Client's account via CPanel and FTP.
Web Service
-
Tortoise Logic Pty Ltd provides functionality including but to limited to managing website content, managing online competitions, managing quotes, managing customer information & activity in the form of websites (Web Service).
-
A person must have a valid account to access this Web Service. The account must be registerd a human. Accounts registered by “bots” or other automated methods are not permitted.
-
In order to register a valid account, the person must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
-
The login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
-
The account holder is responsible for maintaining the security of the account and password. Tortoise
Logic Pty Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
-
The account holder is responsible for all Content posted and activity that occurs under that account (even when Content is posted by others who have accounts under your account).
-
The account holder may not use the Web Service for any illegal or unauthorized purpose.
The account holder must not, in the use of the Service, violate any laws in their regional jurisdiction (including but not limited to copyright laws).
Copyright and Content Ownership
-
Tortoise Logic Pty Ltd will claim no intellectual property rights over material provided by the Client.
-
Tortoise Logic Pty Ltd will own copyright to the finished web design site or multimedia works produced by Tortoise Logic Pty Ltd.
-
Any materials supplied to you by Tortoise Logic Pty Ltd , including but not limited to, design, design elements, style, text, software, photos, and graphics, (collectively "Materials") are protected by international copyright, trademark and other laws and remain the property of Tortoise Logic Pty Ltd and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or de-compiled, reverse engineered or disassembled, including but not limited to the design, style, text, images, audio and/or video.
-
The Client does not acquire any license, ownership or other rights to the Materials supplied by Tortoise Logic Pty Ltd. Modification of the Materials is a violation of Tortoise Logic Pty Ltd's copyright, trademark, intellectual property rights and other proprietary rights and may violate other laws.
-
The Client will be assigned rights to use the finished Web Design as a website, once final payment under these terms and conditions and any additional charges incurred have been paid.
-
Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners.
Tortoise Logic Pty Ltd and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All Web Designs will contain a copyright/legal statement with a link to Tortoise Logic Pty Ltd's website.
General Conditions
-
Payments must be made promptly based on the terms of the Website Design or other services provided by Tortoise Logic Pty Ltd.
Standard terms are 30 days.
-
Tortoise Logic Pty Ltd reserves the right to remove any website or services from viewing/operation until final payment is made.
-
In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.
-
These terms and conditions are effective upon commencement of work.
Legal Notice
-
Notwithstanding anything to the contrary contained in this contract, neither Tortoise Logic Pty Ltd nor any of its employees or agents, warrant that the functions contained in the Web Service will be uninterrupted or error-free.
The entire risk as to the quality and performance of the Website or Web Service is with the Client. In no event will Tortoise Logic Pty Ltd be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Third Party Software/Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Website and multimedia ,failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Tortoise Logic Pty Ltd has been advised of the possibility of such damages.
-
These terms and conditions constitute the sole agreement between Tortoise Logic Pty Ltd and the Client regarding any services provided by Tortoise Logic Pty Ltd. Any other amendment or modification must be authorized by a written request signed (digital signature, email, or hand) by both Client and Tortoise Logic Pty Ltd.
|