Terms and Conditions – ProTask Group

Terms & Conditions

AGREEMENT TO OUR LEGAL TERMS

We are ProTask Group Australia Pty Ltd, doing business as TPA (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in Australia Sydney, New South Wales.

We operate the website https://protaskgroup.com.au/ (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

You can contact us by email at *protaskgroup@outlook.com*

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of entity (‘you‘), and ProTask Group Australia Pty Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal terms for your records.

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1.0 - DEFINITIONS

1.1 – “PTG” shall refer to ProTask Group (Australia) Pty Ltd.

1.2 – “Client” shall denote the Client (or any individual acting on behalf of and with the authority of the Client) as specified in any quotation, work authorization, or other documentation provided by ProTask Group to the Client.

1.3 – “Guarantor” means the individual(s) or entity that agrees to be responsible for the Client’s debts on a principal debtor basis.

1.4 – “Goods” shall refer to the Goods supplied by ProTask Group to the Client (and, where context allows, shall also include any supply of Services as defined herein), as described in the invoices, quotations, work authorizations, or any other documents provided by ProTask Group to the Client.

1.5 – “Services” shall encompass all Services provided by ProTask Group to the Client, including any advice or recommendations (and, where context allows, shall also include any supply of Goods as defined above).

1.6 – “Price” shall refer to the amount payable for the Goods as agreed upon between ProTask Group and the Client in accordance with clause 3 of these terms.

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2.0 - Acceptance

2.1 – Any instructions given by the Client to PTG for providing Goods and/or Services, or the Client’s acceptance of Goods and/or Services from PTG, will be taken as agreement to these terms and conditions.

2.2 – If multiple Clients are part of this agreement, they acknowledge that they have individually and jointly accepted the agreement.

2.3 – Once the Client agrees to these terms and conditions, the agreement becomes unconditional and binding. Any changes to the agreement can only be made with PTG’s written approval.

2.4 – The Client must provide PTG with at least fourteen (14) days’ written notice before any intended changes in ownership or any alterations to the Client’s name or other details (such as address, fax number, or business operations). The Client will be responsible for any losses PTG suffers due to non-compliance with this requirement.

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3.0 - Price and Payment

3.1 – Any directions given by PTG from the Client for providing Goods and/or Services, as well as the Client’s acceptance of Goods and/or Services from PTG, will mean the Client agrees to the terms and conditions here.

3.2 – You acknowledge that if more than one individual is part of this agreement, each individual is responsible individually and jointly for all costs.

3.3 – You acknowledge that once you agree to these terms and conditions, costs, prices, and payments are binding and may only be adjusted with the formal written approval of PTG.

3.4 – The Client must notify PTG in writing at least fourteen (14) days before any change in ownership or changes to the Client’s name or other details (such as address, fax number, or business methods). The Client is responsible for any loss PTG suffers due to the Client not following this rule.

3.5 – PTG, at its discretion, may set the Price as either:

(a) listed on invoices from PTG to the Client for Goods and/or Services provided; or

(b) PTG’s quoted Price (subject to clause 3.2), which is binding if the Client accepts it in writing.

3.6 – PTG can adjust the Price if there’s a change in the original quotation.

3.7 – PTG may require a deposit at its discretion.

3.8 – PTG may decide:

(a) payment is due upon delivery of Goods and/or Services; or

(b) approved Clients can pay in installments according to PTG’s payment plan.

3.9 – Payment timing is crucial and will be specified on the invoice or other documents. If not specified, payment is due seven (7) days after the invoice date.

3.10 – Payments can be made by cash, cheque, bank cheque, electronic funds transfer, or any other agreed method between the Client and PTG.

3.11 – GST and other applicable taxes and duties will be added to the Price unless they are explicitly included.

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4.0 Delivery of Goods

4.1 – PTG alone will decide when the delivery of the Goods occurs, which can be either when:

(a) the Client collects the Goods at PTG’s location; or

(b) the Client receives the Goods at their specified address (if the Goods are delivered by PTG or a carrier chosen by PTG).

4.2 – PTG will determine if the delivery costs are:

(a) in addition to the stated Price; or

(b) charged to the Client.

4.3 – The Client must arrange to receive the Goods whenever they are ready for delivery. If the Client cannot accept delivery as planned, PTG may charge a reasonable fee for attempting delivery again.

4.4 – If the Goods are delivered to a third party designated by the Client, it will be considered delivery to the Client under this agreement.

4.5 – PTG’s failure to deliver does not allow either party to cancel this contract.

4.6 – PTG is not responsible for any loss or damage resulting from its failure to deliver the Goods on time or at all.

5.0 Content of Webpages and Undertakings

5.1 – The Client alone is responsible for the content of their web page. PTG will not be held liable for any content provided by the Client.

5.2 – Proofreading of any material will only be conducted if explicitly stated within a written agreement between the parties. Any spelling mistakes or inaccuracies are entirely and solely the Client’s responsibility.

5.3 – PTG does not guarantee any specific functionality or content on the Client’s website.

5.4 – You acknowledge as the client you are fully and solely responsible for interactions with individuals accessing your webpage/data and agree not to direct any complaints or inquiries regarding the data to PTG.

6.0 Web Hosting

6.1 – If the Client decides to manage their own web hosting, the completed sites will be uploaded to your chosen host or provided on a disc as outlined in the quoted price. Site construction files can be provided upon request and may incur a fee at PTG’s sole discretion.

6.2 – PTG is not liable for any downtime, delays, breakdowns, or data loss caused by Internet Service Providers.

7.0 Risk

7.1- If PTG maintains ownership of the Goods, the risk transfers to the Client upon delivery.

8.0 Title

8.1 – PTG and the Client agree that the ownership of the Goods will not transfer to the Client until:

(a) The Client has paid all amounts owed to PTG for those Goods; and

(b) The Client has fulfilled all other obligations owed to PTG for all contracts between them.

8.2 – If PTG receives a payment method other than cash, it will not be considered payment until it is fully processed. Until then, PTG retains ownership or rights to the Goods.

8.3 – Additionally:

(a) When possible, the Goods should be kept separate and identifiable until PTG has been paid and all Client obligations are fulfilled;

(b) Until ownership transfers to the Client, PTG can request in writing that the Goods be returned. Upon this request, the Client’s rights to the Goods end;

(d) If the Client does not return the Goods, PTG or its agent may enter the Client’s premises to reclaim them;

(e) The Client acts as a bailee for the Goods and must hold any proceeds from their sale in trust for PTG until full payment is received;

(f) The Client must not handle PTG’s funds in a way that could harm PTG;

(g) The Client must not use the Goods as collateral or create any interest in them while they are PTG’s property;

(h) PTG can take legal action to recover the price of the Goods even if ownership hasn’t transferred;

(i) If the Goods are transformed into other products before ownership passes, PTG will still own the resulting products.

9.0 Clients Disclaimer

9.1- The Client waives any right to cancel a contract with PTG, pursue damages, or seek restitution due to any misrepresentation by PTG. The Client understands that they are purchasing the Goods based solely on their own expertise and judgment.

10.0 Defects

10.1- Upon receiving the goods, the client must examine them and report any defects, quantity shortages, damage, or non-compliance with the description or quote to PTG within seven days. This timeframe is crucial. The client should allow PTG a reasonable opportunity to inspect the goods if they suspect any issues. If the client does not follow these steps, the goods will be considered free from defects or damage. For goods deemed defective, and which PTG agrees in writing can be rejected, PTG’s responsibility is to either replace or repair the goods at their discretion. If the client is classified as a consumer under the Trade Practices Act 1974 or the Fair Trading Acts, they are entitled to a refund, repair, or replacement.

10.2- Goods will only be accepted for return if they comply with the conditions outlined in 10.1.

11.0 The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)

11.1 – I acknowledge that this agreement does not intend to circumvent any relevant provisions of the TPA or FTA in the States and Territories of Australia, except where permitted by those Acts.

12.0 Warranty

12.1 – According to the warranty conditions outlined in clause 12.2, PTG guarantees that if any issues with the website’s workmanship provided by PTG arise and are reported within one month from the delivery date (time being critical), PTG will choose either to replace or fix the workmanship at their discretion.

12.2 – The warranty is subject to the following conditions:

(a) The warranty does not cover defects or damage resulting from:

(i) The Client’s failure to properly maintain the Goods; or

(ii) The Client’s failure to follow any instructions or guidelines provided by PTG; or

(iii) Using the Goods for purposes other than those specified in a quote or order form; or

(iv) Continued use of the Goods after a defect becomes noticeable or should have been noticed by a reasonably careful user; or

(v) Normal wear and tear, accidents, or acts of God.

(b) The warranty becomes void, and PTG won’t be liable if the workmanship is repaired, altered, or overhauled without PTG’s consent.

(c) PTG is not responsible for compensating the Client for any delays in replacing or fixing the workmanship or in adequately assessing the Client’s claim.

13.0 Intellectual Property

13.1 – When PTG buys photos from a third party for use in print or on the web, it is up to the client to notify PTG when the license is about to expire. The client must handle renewing the license and pay all related fees, both current and future. PTG is not responsible for renewing these licenses once they have expired.

13.2 – The client guarantees that their designs or instructions given to PTG will not lead to any patent, registered design, or trademark violations. The client agrees to protect PTG from any legal actions taken by third parties concerning such infringements.

14. Default & Consequences of Default

14.1 – Interest on late invoices will accumulate daily from the due date until paid, at an annual rate of ten percent (10%), compounded monthly, both before and after any judgment.

14.2 – If the Client fails to pay any invoice on time, they must cover all expenses and costs incurred by PTG in collecting the debt, including legal fees and PTG’s collection agency charges.

14.3 – Without affecting any other rights PTG may have, if the Client breaches any obligation (including payment terms), PTG may halt or end the delivery of Goods and any other commitments under the contract. PTG will not be responsible for any loss or damage the Client experiences due to PTG exercising its rights under this clause.

14.4 – If an account is overdue for more than ninety (90) days, a charge of $110 per month will be applied for administrative fees, becoming immediately payable.

14.5 – Without affecting other legal rights, PTG can cancel all or part of any unfulfilled order from the Client and demand immediate payment of all amounts owed if:

(a) any payment to PTG is overdue, or PTG believes the Client cannot meet its payment obligations;

(b) the Client becomes insolvent, arranges a meeting with creditors, proposes or enters an arrangement with creditors, or assigns benefits to creditors;

(c) a receiver, manager, or liquidator (provisional or otherwise) is appointed for the Client or any of the Client’s assets.

15. Security and Charge

15.1 – Regardless of any conflicting terms or additional rights PTG might have:

(a) If the Client and/or Guarantor owns land, property, or any other chargeable asset, they agree to mortgage or charge their interests in those assets to PTG or PTG’s nominee. This secures all payments and obligations under these terms. The Client and/or Guarantor agrees that PTG (or its nominee) can file a caveat, which will be removed once all obligations are fulfilled.

(b) If PTG decides to act according to this clause or its parts, the Client and/or Guarantor must cover all of PTG’s costs and expenses, including legal fees on a full indemnity basis.

(c) The Client and/or Guarantor irrevocably appoints PTG or its nominee as their attorney to perform all necessary actions to enforce this clause.

16.0 Suspension of Services

16.1 – PTG has the authority to halt services if the Client does not fulfill their responsibilities according to this agreement or any related agreements. This may include suspending the Client’s websites.

17.0 Cancelation

17.1 – PTG can stop providing services or permanently shut down a website if any payment due is overdue by more than 90 days. In such cases, you’re still responsible for the entire contract cost, including expenses, unless there’s a different agreement. Additionally, PTG won’t refund any deposits for starting work unless there’s a written agreement. If work has started and is canceled by either party, PTG can keep the deposit. PTG isn’t responsible for any loss or damage from this cancellation.

17.2 – If the Client cancels the delivery of goods, they must cover any losses PTG incurs, including lost profits, up to the cancellation point.

18.0 Privacy Act 1988

18.1 – The Client and/or the Guarantor(s) agree that PTG can obtain a credit report containing personal credit details about them from a credit reporting agency in connection with credit offered by PTG.

18.2 – The Client and/or the Guarantor(s) consent to PTG sharing information about them with credit providers listed as trade references by the Client or mentioned in a consumer credit report from a credit reporting agency for these purposes:

(a) to evaluate the Client’s application; and/or

(b) to inform other credit providers of any defaults by the Client; and/or

(c) to share information with other credit providers regarding the status of this credit account, particularly if the Client has defaults with others; and/or

(d) to assess the creditworthiness of the Client and/or Guarantor(s).

18.3 – The Client agrees to PTG receiving a consumer credit report to recover overdue payments on commercial credit (Section 18K(1)(h) Privacy Act 1988).

18.4 – The Client consents to their personal credit information being used and kept by PTG for these purposes, as well as others agreed upon by the Client and PTG or as required by law:

(a) supplying Goods; and/or

(b) marketing Goods by PTG, its agents, or distributors; and/or

(d) processing payment instructions, direct debits, and/or credit facilities requested by the Client; and/or

(e) facilitating the daily operation of the Client’s account and collecting any outstanding amounts related to the Goods.

18.5 – PTG can provide information about the Client to a credit reporting agency for these purposes:

(a) to acquire a consumer credit report regarding the Client; and/or

(b) permit the credit reporting agency to establish or update a credit file that includes details about the Client.

19. Miscellaneous

19.1 – If any part of these terms is found to be invalid, void, illegal, or unenforceable, the remaining sections will still be valid and enforceable.

19.2 – These terms and any related contracts are governed by the laws of New South Wales and fall under the jurisdiction of its courts.

19.3 – PTG is not liable for any indirect losses or expenses (including lost profits) that the Client may experience due to PTG breaching these terms.

19.4 – If PTG breaches this contract, the Client’s remedies are limited to damages that will not exceed the price of the goods.

19.5 – The Client cannot offset or deduct any amounts owed or claimed to be owed by PTG from the price.

19.6 – PTG can license or subcontract any part of its rights and duties without needing the Client’s consent.

19.7 – PTG reserves the right to revise these terms at any time, with changes taking effect once published here.

19.8 – Neither party is liable for defaults caused by events like natural disasters, war, terrorism, strikes, or other uncontrollable events.

19.9 – If PTG does not enforce any part of these terms, it does not waive the right to enforce it later.

19.10 – All quoted prices are valid for 21 days from the date of the written quote.

19.10 – All quoted prices are valid for only 21 days from the date of the written quote.

19.11 – If PTG does not receive your design brief within one month from the date of your order and deposit, your account will be suspended. Reopening it will require a $300 + GST administration fee. If it remains suspended for 3 months, the account will be permanently closed, and all payments and work ordered will be forfeited.

19.12 – During the design and development phase, if you do not approve your design within one month, PTG reserves the right to suspend your account. Reopening it will incur a $300 + GST administration fee.

19.13 – If there is no contact with the PTG office for more than one month after the start of the project or any design work, PTG reserves the right to issue a new quote for the entire project.

19.14 – If any project lasts more than 6 months, PTG reserves the right to terminate it at their discretion, with no refunds to the client.

19.15 – PTG, including its officers, agents, or anyone else involved in creating or producing PTG services, is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use PTG’s website services. This includes but is not limited to errors, omissions, interruptions, file deletions, defects, delays in operation or transmission, or any performance failures due to acts of God, communication failures, theft, destruction, or service issues. PTG is not liable for any lost business or revenue the client may have incurred due to PTG developing and producing the client’s website.

19.16 – PTG retains the right to add a link to any website it designs and builds, with wording at PTG’s discretion, linking back to the PTG homepage.

20. Electronic Communication

20.1 – By using PTG services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

20.2 – You acknowledge and agree that:

a) Your use of our website and services constitutes acceptance of our Terms and Conditions.
b) Clicking “I Agree” or similar buttons, checking boxes, or continuing to use our services after being presented with our Terms and Conditions shall be deemed as your electronic signature.
c) This electronic signature is legally binding and equivalent to a handwritten signature.
d) The method of electronically indicating your agreement identifies you as the signer and demonstrates your intention to be bound by these Terms and Conditions.

This agreement to our general conditions through electronic means is considered valid and enforceable under the Electronic Transactions Act 1999 (Cth) and corresponding state legislation.

21. User Data

21.1 – We collect and process user data in accordance with our Privacy Policy. You retain all rights to your data and are responsible for the accuracy of information you provide.

21.2 – We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. Indemnification

22.1 – You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) Use of the Services;

(2) Breach of these Legal Terms;

(3) Any breach of your representations and warranties set forth in these Legal Terms;

(4) Any content you submit, post, or transmit through the website

(5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or

(6) Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. Refund Policy

23.1 – All sales are final and no refund will be issued.

24. Prohibited Activities

24.1 – You must not use our website or services to:

a) Engage in any illegal, malicious, deceptive, or misleading activity
b) Violate any applicable laws, regulations, or industry standards
c) Interfere with the operation of our services or other users’ enjoyment
d) Attempt to gain unauthorized access to our systems or user accounts
e) Upload or transmit any harmful code, viruses, or malware
f) Infringe on intellectual property rights of others

25. International Users

25.1 – If you are accessing this agreement from outside Australia, you acknowledge that your use of this agreement may be subject to the laws of your jurisdiction. You agree and are responsible for complying with all applicable local laws and regulations regarding your use of the services and these terms.

25.2 – By using our services, you agree to adhere to all applicable Australian laws and regulations. You acknowledge that your use of the services is subject to these laws, and you are responsible for ensuring that your actions are in compliance.

25.3 – The governing law for any disputes will be the laws of New South Wales, Australia, and the exclusive venue for resolving disputes shall be in the courts of New South Wales, Australia.