terms

Terms of Service

The following document outlines the terms of use of the Digital Mates Group website.

Before using any of the Digital Mates Group services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Digital Mates Group SERVICES (“SERVICES”). BY USING THE Digital Mates Group SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT Digital Mates Group ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS
The web pages available at https://digitalmates.com.au and all linked pages (“Site”), are owned and operated by Damas Group Pty Ltd and SEO Top Secret. (“Digital Mates Group”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service
The Site is an online service that offers Trello support to operators of websites running on WordPress. Services include but are not limited to, any service and/or content Digital Mates Group makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of updating, maintenance or repair of the Site or any other reason within or outside the control of Digital Mates Group. Digital Mates Group reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

REGISTRATION
As a condition to using Services, you are required to manage your maintenance and tickets through the Trello system that Digital Mates Group has in place. Registering with Digital Mates Group means you agree to abide by the process that Digital Mates Group has in place to manage tickets, maintenance, etc.

Don’t reveal your Trello or WordPress Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Digital Mates Group of any security breach of your Account. Digital Mates Group shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through Trello.

Services are available only to legal entities and to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Digital Mates Group Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT
You agree that you will pay for the Services and that Digital Mates Group may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Digital Mates Group WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable. All Australian transactions will incur 10% GST unless a valid exemption is supplied.

Prices for the Services may change at any time at Digital Mates Group sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Digital Mates Group and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Digital Mates Group reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Digital Mates Group for compliance purposes, and Digital Mates Group reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Digital Mates Group. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Digital Mates Group, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Digital Mates Group, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Digital Mates Group Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY
In no event shall Digital Mates Group be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

DIGITAL MATES GROUP, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Digital Mates Group OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY
Digital Mates Group, digitalmates.com.au and all other graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Digital Mates Group. Digital Mates Group intellectual property may not be used in connection with any product or service without the prior written consent of Digital Mates Group. Notwithstanding the foregoing, the images and icons available in the Digital Mates Group Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Digital Mates Group Site.

SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. The proper channel is your Trello board.

Each request is subject to further analysis from the development team regarding it’s feasibility. The effort required for development is exclusively determined by the Digital Mates Group management. For work outside of the scope of the Digital Mates Group development agreement, Digital Mates Group management may provide alternative solutions to the client including referral to the Digital Mates Group partner network.

Digital Mates Group provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.

Your requests are subject to approval by Digital Mates Group management or by its assigned agent.

NATURE OF REQUESTS
Requests should fall within the following categories.

UI troubleshooting (HTML, CSS, Javascript)
Styling elements with CSS
Content population & image manipulation
Optimization of CSS, Javascript and Images
Theme/plugin/WordPress updates
Plugin configuration
Help with new pages and page templates
If you are unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

Examples of requests which shall not meet Digital Mates Group management approval for support:

Any design related work
Custom plugin development
Custom theme development
Phone support and consulting
External services
Any fix deemed out of scope by Digital Mates Group management

THIRD-PARTY MATERIALS
Certain services available may include materials from third parties. Digital Mates Group may provide links to third-party websites as a convenience to you. You agree that Digital Mates Group is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Digital Mates Group is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Digital Mates Group management, at its sole and exclusive discretion. Customers deemed to be abusing the Digital Mates Group service will be contacted by the Digital Mates Group management. Digital Mates Group management retains the sole and absolute discretion to suspend service to you if we deem necessary.

TERMINATION & CANCELLATION
Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.

Digital Mates Group may terminate or suspend any and all Services and/or your Digital Mates Group account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Digital Mates Group account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through Trello or Messenger to issue a termination request.

CHANGE
Digital Mates Group reserves the right, at its sole discretion, to modify or replace the terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Digital Mates Group in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Digital Mates Group shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Digital Mates Group’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Digital Mates Group may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Colorado between two residents thereof, the parties submit to the exclusive jurisdiction of Colorado courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.