Terms of Service & Privacy Policy

Privacy Policy

This following document sets forth the Privacy Policy for http://coogeefitness.com.au/

http://coogeefitness.com.au/ is committed to providing you with the best possible customer service experience. http://coogeefitness.com.au/ is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to future http://coogeefitness.com.au/ customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. http://coogeefitness.com.au/ takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

http://coogeefitness.com.au/ reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. http://coogeefitness.com.au/ reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us

http://coogeefitness.com.au/ welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Call (02) 8003 7441

Post: Attn: Privacy Policy
CoogeeFitness

http://coogeefitness.com.au/,
1 Arden Street, Coogee, NSW
AUSTRALIA

Click here to email Us: http://coogeefitness.com.au/contact-us/

Terms of Service Statement

Introduction

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the date specified.

All services that http://coogeefitness.com.au/ may be contracted to produce or provide for Clients Actual Name (referred to as CLIENT) will be subject to the following:

Definitions

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Basic Terms and Conditions document, the Written Proposal document(s) (if any), Schedule(s) (if any), together with any other Supplements.

“Content” means all materials, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.

“Deliverables” means the services and work product specified in the Written Proposal (if any) to be delivered by http://coogeefitness.com.au/ to the Client, in the form and media specified in the written Proposal (if any).

“Services” means all services and the work product to be provided to Client by http://coogeefitness.com.au/ as described and otherwise further defined in the Written Proposal (if any).

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

“Open Source Software” means computer software that is available in source code form for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software.

“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.

General Terms

1. Authorisation

The CLIENT authorises http://coogeefitness.com.au/ to perform the services outlined in this agreement on the CLIENTS’ behalf, which may include, but is not limited to, accessing their hosting account and disk space, creating databases and applications, and submitting the project to search engines.

2. Agreement Scope and Period

Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.

3. Costs and Fees

Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, colour printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemised on each invoice. Expenses are subject to GST.

4. Production Schedules

Production schedules will be established and adhered to by both the CLIENT and http://coogeefitness.com.au/. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays, if the delays result in an increase in time to manage or deliver the services.

5. Overtime

Estimates are based on a reasonable time schedule, and may be revised to take into consideration the CLIENT’s requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate. Overtime is defined as between 6.00pm – 9.00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.

6. Payment

6.1 The CLIENT agrees to pay http://coogeefitness.com.au/ in accordance with the terms specified in each proposal/estimate. The CLIENT will be required to pay 50% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.

6.2 If the CLIENT fails to pay any invoice, http://coogeefitness.com.au/ reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. http://coogeefitness.com.au/ will charge a late payment fee of 5% per month on the outstanding amount. The CLIENT is responsible for any debt collection fees which may come due.

6.3 In the event of cancellation of the project prior to completion, the CLIENT must pay http://coogeefitness.com.au/ a fee for work completed, based on the contract price and the expenses already incurred.

7. Confidentiality

http://coogeefitness.com.au/ will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT.

This obligation of confidence will cease to apply in relation to information that http://coogeefitness.com.au/ is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by http://coogeefitness.com.au/ of its obligations of confidence under this Agreement.

8. Subcontractors

http://coogeefitness.com.au/ reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

9. Promotion

http://coogeefitness.com.au/ is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that http://coogeefitness.com.au/ reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of http://coogeefitness.com.au/ services. The CLIENT agrees to allow http://coogeefitness.com.au/ to retain a credit and link from the footer of the website.

10. Copyright

The CLIENT is responsible for all trademark, service-mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials http://coogeefitness.com.au/ uses for this project. The CLIENT indemnifies http://coogeefitness.com.au/ against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

11. Project Copyright

11.1 After acceptance of the website and payment of all sums due by the CLIENT, http://coogeefitness.com.au/ agrees to assign perpetual and unrestricted copyright to use any materials produced by http://coogeefitness.com.au/ as outlined in this agreement to the CLIENT including exclusive usage rights to unique graphics.

11.2 http://coogeefitness.com.au/ reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this agreement unless specified.

11.3 http://coogeefitness.com.au/ reserves all rights to licence (open source) and release all software code including website templates developed under this agreement.

12. Open Source Software

12.1 http://coogeefitness.com.au/ makes extensive use of open source software and components to supply websites and services to the CLIENT. http://coogeefitness.com.au/ will not charge additional licensing fees on open source software.

12.2 The CLIENT indemnifies http://coogeefitness.com.au/ against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.

12.3 All software and components not developed by http://coogeefitness.com.au/ retain the original licence and terms associated with them. http://coogeefitness.com.au/ cannot assign any rights to the CLIENT and the CLIENT agrees to be bound by the original Author’s terms.

13. Force Majeure

http://coogeefitness.com.au/ shall not be deemed in breach of this Agreement if http://coogeefitness.com.au/ is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of http://coogeefitness.com.au/ or any local, state, federal, national or international law, governmental order or regulation or any other event beyond http://coogeefitness.com.au/’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, http://coogeefitness.com.au/ shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

14. Limitation of Liability

The services and the work product of http://coogeefitness.com.au/ are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“http://coogeefitness.com.au/ parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall http://coogeefitness.com.au/ be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by http://coogeefitness.com.au/ even if http://coogeefitness.com.au/ has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

15. Termination

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the CLIENT, http://coogeefitness.com.au/ shall have the right to bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement.

If additional payment is due, this shall be payable within fourteen days of the CLIENT’s written notification to stop work. In the event of termination, the CLIENT shall also pay any expenses incurred by http://coogeefitness.com.au/ and http://coogeefitness.com.au/ shall own all rights to the work. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.

16. Domain Names

16.1 All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules. The CLIENT manages their domain(s) and payment of fees unless the CLIENT requests in writing that http://coogeefitness.com.au/ manage the domain name(s) on behalf of the CLIENT. http://coogeefitness.com.au/ will invoice the CLIENT when fees are due.

16.2 http://coogeefitness.com.au/ uses Netregistry Pty Ltd (referred to as REGISTRAR) to manage our CLIENTS’s domain names. CLIENTS are bound by the REGISTRARS’s “Domain name registration terms” which are found on their website: www.netregistry.com.au

16.3 The CLIENT indemnifies http://coogeefitness.com.au/ against any loss or damage arising directly or indirectly from any failure of services provided by the REGISTRAR.

17. Hosting

17.1 The CLIENT is responsible for contacting the chosen host for support relating to hosting matters. http://coogeefitness.com.au/ will charge for costs incurred liaising with the hosting company and supporting the CLIENT with hosting related issues.

17.2 http://coogeefitness.com.au/ will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.

18. Browser Variance

Our websites are optimised for XHTML compliant browsers and adjusted to support Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers. Websites are tested on

Internet Explorer versions 7 and 8 (PC)
Latest version of Firefox (Mac)
Latest version of Safari (Mac)
Latest version of Chrome (Mac)
http://coogeefitness.com.au/ will test and optimise for additional browsers and versions if requested by the CLIENT before commencement of the project.

19. Colours

Website visitors use different monitors with different settings. Colours and image quality of the website including graphics and photography will shift between computers and monitors.

20. Testing and Acceptance of the Website

Once the project has, in the opinion of http://coogeefitness.com.au/ been completed, http://coogeefitness.com.au/ will notify the CLIENT either verbally or in writing, and provide the CLIENT with an opportunity to test and review the website. If the CLIENT determines that the website does not comply with the Project Components agreed to in this document, http://coogeefitness.com.au/ agrees to carry out any necessary and reasonable modifications without extra charge.

21. Website, Data and Security

21.1 Upon the end of this agreement, The CLIENT is free to transfer their website management to another service provider. http://coogeefitness.com.au/ will supply the last backup of the site and associated data. http://coogeefitness.com.au/ will take all reasonable actions to transfer the CLIENT’S domain name to a new registrar.

21.2 Ongoing Management (see definition) is not included in this agreement and will require an additional agreement.

21.3 If The CLIENT does not proceed with an additional or Ongoing Management agreement, The CLIENT is responsible for Ongoing Management of the website and indemnifies http://coogeefitness.com.au/ against any loss or damage arising directly or indirectly from website downtime or security breaches.

22. Client Responsibilities

If the CLIENT or an agent of The CLIENT other than http://coogeefitness.com.au/ attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in this agreement.

23. Errors and Omissions

It is http://coogeefitness.com.au/’s responsibility to check carefully for accuracy in all respects, ranging from spelling to technical illustrations. However http://coogeefitness.com.au/ is not liable for errors or omissions. The CLIENT indemnifies http://coogeefitness.com.au/ against any loss or damage arising directly or indirectly from any errors and omissions.

24. Revisions

http://coogeefitness.com.au/ will provide two rounds of revisions of content after the submission of the content, before the website is completed. Extended revisions outside of this scope will be charged under “Content Management” rates.

25. Copy

All text must be supplied in digital format (TXT, RTF, HTML, MS Word, Open Office, InDesign).

26. Images

Graphics and photographs are to be supplied in digital format to http://coogeefitness.com.au/. Photographs must not exceed a file size of 5mb each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing.

27. Branding

All logos and branding must be provided in a industry standard vector format (preferences are: EPS, PDF, Illustrator).