Terms and Conditions

By accessing this website of Quantaxiom and confirming engagement with us, you acknowledge your acceptance of all the below mentioned QuantAxiom Terms and Conditions

1. Quotations and Estimates
   1. All quotations and estimates provided by QuantAxiom are valid for a period of 30 days from the date of issue. Quotations and estimates not accepted within this timeframe must be re-issued.
   2. All formal quotations and estimates are to be interpreted as developer hours required to complete a project. The quote and estimate is based on QuantAxiom’s developer hourly rates, or daily rates as shown in invoices.
   3. Quotations and estimates may be subject to reasonable change and revision during the development process when related to technical issues pertinent to the client’s chosen technology stack, technology of third-party providers, scope creep by the engaging party or additional requirements outside of the SOW.
   4. All quotations and estimates may be provided by QuantAxiom to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the project.
   5. All estimates will need to be formalized to a quotation or invoice before acceptance by either party as to commence the project.
   6. QuantAxiom reserves the right to suspend the services/quotation at any time, without any prior information.
2. Payment Terms
   1. All quotations provided by QuantAxiom require an upfront payment unless otherwise agreed upon.
   2. Unless prior arrangement has been made, final payment is strictly net 10 days from the date of completion.
   3. Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
   4. QuantAxiom will only commence work on the quoted project once any deposited funds have cleared.
   5. The customer will not be entitled to any service in case of delay in payment for more than 10 days from the final date of installation / date of project / module completion.
3. Intellectual Property
   1. Unless specified, all quotations provided by QuantAxiom do not include any source code license.
   2. All source code and associated intellectual property relating to said source code, developed by QuantAxiom, solely remain the property of QuantAxiom, except where specific code license has been issued to the client and said issuance has been indicated in writing from QuantAxiom.
   3. QuantAxiom reserve the right to implement licensing features within the quoted project, except where a code license has been issued by QuantAxiom.
   4. Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by QuantAxiom for the quoted project may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
   5. Any costs incurred by QuantAxiom for third-party code license required to complete the quoted project are the responsibility of the client and will be solely borne by the client. Any such third-party code license will be attached to the existing QuantAxiom code license for the quoted project.
4. Cancellations
   1. Should the client wish to cancel acceptance of the quotation QuantAxiom will invoice the client for any work completed to date, as a percentage of the total work involved.
   2. The minimum cancellation fee will be 30% of the signed quotation.
5. Refund Policy
   1. QuantAxiom will only provide a refund, whether in full or partial, in the event that QuantAxiom is unable to continue to provide reasonable services, or agreed upon by QuantAxiom representative. Refunds will not be issued when QuantAxiom work can be reasonably demonstrated, or if errors pertinent to third party software can be reported in the form of a developer report.
   2. Upon a refund request, QuantAxiom reserves the right to produce a developer report at reasonable time.
6. Content
   1. Clients are required to ensure that the content of the project being quoted adheres to all current Australian legislation regarding publication.
   2. The client shall further indemnify QuantAxiom in respect of any claims, costs, and expenses that may arise from any material included within the quoted project by QuantAxiom at the client’s request.
   3. QuantAxiom reserves the right not to include any material supplied by the client within the quoted project if QuantAxiom deems said material inappropriate or offensive.
   4. QuantAxiom will not populate the project with the final content unless said content is delivered to QuantAxiom in digital format prior to the commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
   5. It is the client’s, or engaging parties responsibility, in all cases, to ensure the projects content is displayed and formatted as they require. If the client cannot format the projects content, QuantAxiom will offer this service at QuantAxioms ‘ current hourly rate at the time of the request.
   6. It is the client’s, or engaging parties responsibility, in all cases, to ensure the project’s scope and requirements are accurate and explicitly detailed, prior to the commencement of the project and are in the form of an SOW.
   7. Clients, or the engaging party, reserve the right to make requirement changes during a project, yet are required to pay for development hours until that point.
   8. Additional requirements, or requirements that are not explicitly stated in the SOW, are subject to additional work, quotes and estimates.
   9. QuantAxiom runs projects through a discovery phase, development phase, user acceptance testing phase (UAT), final handover phase and any agreed upon post support phase.
   10. QuantAxiom takes no responsibility or liability for engaging parties that choose to use a UAT product, a product that is currently in user acceptance testing phase, as a production product.
7. Permission and Copyrights
   1. The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names, and trademarks and any other material supplied by the client to QuantAxiom.
   2. The supply of said material by the client to QuantAxiom shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
   3. No responsibility will be accepted by QuantAxiom for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
8. Errors and Liabilities
   1. QuantAxiom will pursue due care to ensure projects created by QuantAxiom are free of errors with the exception that the errors are not related to third party software or services, and are within QuantAxiom’s ability to control.
   2. QuantAxiom will correct any errors made by QuantAxiom staff in the undertaking of the quoted project that are not pertinent to the exceptions above.
   3. QuantAxiom does not take responsibility for errors caused by format changes, changes by the engaging party or third parties.
   4. QuantAxiom does not accept responsibility for losses or damage arising from errors within any project.
   5. QuantAxiom does not accept responsibility for errors, damages, losses, or additional costs that relate to third-party products that QuantAxiom may require completing the quoted project.
9. Alterations
   1. Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested, an average of 3 days extra development time per alteration should be allowed for, unless agreed upon. The 3-day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
   2. QuantAxiom will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the project. Alternations may include changes to formatting, data mapping, data types, and any changes that require architectural change.
   3. If QuantAxiom is required to correct said alterations or errors resulting from said alterations, induced, injected, or otherwise caused by parties other than QuantAxiom, the client will be charged at the hourly rate that is current for QuantAxiom at the time said errors are to be fixed.
10. Completion of Work
    1. All timeframes offered by QuantAxiom to the client are estimates. The intrinsic nature of software development and its intricacies do not offer QuantAxiom the luxury of defining definite timeframes.
    2. QuantAxiom will endeavor to complete all work within the estimated timeframes discussed with the client in the quotation. However, QuantAxiom will not be liable for any penalties, monies, or hardships otherwise incurred by the client if the project cannot be delivered within the estimated timeframe.
    3. QuantAxiom will not release the quoted project unless all payments have been met under the obligations of the quotation or work agreement.
    4. The quoted project remains the property of QuantAxiom Software until all obligations have been met for release of said project to the client.
    5. If QuantAxiom is working as a third party to another company, said company is responsible for meeting the obligations for the release of the quote project to their client.
11. Privacy
    1. QuantAxiom takes your privacy seriously and any information provided
       through your use of the Website and/or Services are subject to
       QuantAxiom’s Privacy Policy, which is available on the Website.
12. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties,
       representations or conditions implied or imposed by law, including the
       Australian Consumer Law (or any liability under them) which by law may
       not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
       1. all terms, guarantees, warranties, representations or conditions
          which are not expressly stated in the Terms are excluded; and
       2. QuantAxiom will not be liable for any special, indirect or
          consequential loss or damage (unless such loss or damage is
          reasonably foreseeable resulting from our failure to meet an
          applicable Consumer Guarantee), loss of profit or opportunity, or
          damage to goodwill arising out of or in connection with the Services
          or these Terms (including as a result of not being able to use the
          Services or the late supply of the Services), whether at common law,
          under contract, tort (including negligence), in equity, pursuant to
          statute or otherwise.
    3. Use of the Website and the Services is at your own risk. Everything on
       the Website and the Services is provided to you “as is” and “as
       available” without warranty or condition of any kind. None of the
       affiliates, directors, officers, employees, agents, contributors and
       licensors of QuantAxiom make any express or implied representation or
       warranty about the Services or any products or Services (including the
       products or Services of QuantAxiom) referred to on the Website. This
       includes (but is not restricted to) loss or damage you might suffer as a
       result of any of the following:
       1. failure of performance, error, omission, interruption, deletion,
          defect, failure to correct defects, delay in operation or
          transmission, computer virus or other harmful component, loss of
          data, communication line failure, unlawful third party conduct, or
          theft, destruction, alteration or unauthorised access to records;
       2. the accuracy, suitability or currency of any information on the
          Website, the Services, or any of its Services related products
          (including third party material and advertisements on the Website);
       3. costs incurred as a result of you using the Website, the Services or
          any of the products of QuantAxiom; and
       4. the Services or operation in respect to links which are provided for
          your convenience.
13. Limitation of liability
    1. QuantAxiom’s total liability arising out of or in connection with the
       Services or these Terms, however arising, including under contract, tort
       (including negligence), in equity, under statute or otherwise, will not
       exceed the resupply of the Services to you.
    2. You expressly understand and agree that QuantAxiom, its affiliates,
       employees, agents, contributors and licensors shall not be liable to you
       for any direct, indirect, incidental, special consequential or exemplary
       damages which may be incurred by you, however caused and under any
       theory of liability. This shall include, but is not limited to, any loss
       of profit (whether incurred directly or indirectly), any loss of
       goodwill or business reputation and any other intangible loss.
14. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by
       QuantAxiom as set out below.
    2. If you want to terminate the Terms, you may do so by:
       1. providing QuantAxiom with days’ notice of your intention to
          terminate; and
       2. closing your accounts for all of the services which you use, where
          QuantAxiom has made this option available to you.

       Your notice should be sent, in writing, to QuantAxiom via the ‘Contact
       Us’ link on our homepage.

    3. QuantAxiom may at any time, terminate the Terms with you if:
       1. you have breached any provision of the Terms or intend to breach any
          provision;
       2. QuantAxiom is required to do so by law;
       3. the provision of the Services to you by QuantAxiom is, in the
          opinion of QuantAxiom, no longer commercially viable.
    4. Subject to local applicable laws, QuantAxiom reserves the right to
       discontinue or cancel your membership at any time and may suspend or
       deny, in its sole discretion, your access to all or any portion of the
       Website or the Services without notice if you breach any provision of
       the Terms or any applicable law or if your conduct impacts QuantAxiom’s
       name or reputation or violates the rights of those of another party.
15. Indemnity
    1. You agree to indemnify QuantAxiom, its affiliates, employees, agents,
       contributors, third party content providers and licensors from and
       against:
    2. all actions, suits, claims, demands, liabilities, costs, expenses, loss
       and damage (including legal fees on a full indemnity basis) incurred,
       suffered or arising out of or in connection with your content;
    3. any direct or indirect consequences of you accessing, using or
       transacting on the Website or attempts to do so; and/or
    4. any breach of the Terms.
16. Dispute Resolution
    1. Compulsory: If a dispute arises out of or relates to
       the Terms, either party may not commence any Tribunal or Court
       proceedings in relation to the dispute, unless the following clauses
       have been complied with (except where urgent interlocutory relief is
       sought).
    2. Notice: A party to the Terms claiming a dispute
       (Dispute) has arisen under the Terms, must give written notice to the
       other party detailing the nature of the dispute, the desired outcome and
       the action required to settle the Dispute.
    3. Resolution:
       On receipt of that notice (Notice) by that other party, the parties to
       the Terms (Parties) must:
       1. Within 28 days of the Notice endeavour in good faith to resolve the
          Dispute expeditiously by negotiation or such other means upon which
          they may mutually agree;
       2. If for any reason whatsoever, 28 days after the date of the Notice,
          the Dispute has not been resolved, the Parties must either agree
          upon selection of a mediator or request that an appropriate mediator
          be appointed by the President of the ____________________ or his or
          her nominee;
       3. The Parties are equally liable for the fees and reasonable expenses
          of a mediator and the cost of the venue of the mediation and without
          limiting the foregoing undertake to pay any amounts requested by the
          mediator as a pre-condition to the mediation commencing. The Parties
          must each pay their own costs associated with the mediation;
       4. The mediation will be held in Brisbane, Australia.
    4. Confidential: All communications concerning
       negotiations made by the Parties arising out of and in connection with
       this dispute resolution clause are confidential and to the extent
       possible, must be treated as “without prejudice” negotiations for the
       purpose of applicable laws of evidence.
    5. Termination of Mediation: If 30 days have elapsed after
       the start of a mediation of the Dispute and the Dispute has not been
       resolved, either Party may ask the mediator to terminate the mediation
       and the mediator must do so.
17. Venue and Jurisdiction The Services offered
    by QuantAxiom is intended to be viewed by residents of Australia. In the
    event of any dispute arising out of or in relation to the Website, you agree
    that the exclusive venue for resolving any dispute shall be in the courts of
    Queensland, Australia.
18. Governing Law The Terms are governed by the
    laws of Queensland, Australia. Any dispute, controversy, proceeding or claim
    of whatever nature arising out of or in any way relating to the Terms and
    the rights created hereby shall be governed, interpreted and construed by,
    under and pursuant to the laws of Queensland, Australia, without reference
    to conflict of law principles, notwithstanding mandatory rules. The validity
    of this governing law clause is not contested. The Terms shall be binding to
    the benefit of the parties hereto and their successors and assigns.
19. Independent Legal Advice Both parties
    confirm and declare that the provisions of the Terms are fair and reasonable
    and both parties having taken the opportunity to obtain independent legal
    advice and declare the Terms are not against public policy on the grounds of
    inequality or bargaining power or general grounds of restraint of trade.
20. Severance If any part of these Terms is
    found to be void or unenforceable by a Court of competent jurisdiction, that
    part shall be severed and the rest of the Terms shall remain in force.
21. Changes to site and these Terms and Conditions
    1. This Site and these QuantAxiom Terms and Conditions may be amended, revised, changed, updated, or modified by QuantAxiom with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the QuantAxiom Terms and Conditions constitutes your acceptance of any such change to the QuantAxiom Terms and Conditions.