Terms Of Service

The following information outlines the terms of use (Terms) of the Atomic Automation website. You can also review my Privacy Policy, which outlines my practices towards handling any personal information that you may provide to us; and my Fair Usage Policy, which outlines fair usage of my services.

Before using any of my 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 ATOMIC AUTOMATION SERVICES (“SERVICES”). BY USING THE ATOMIC AUTOMATION SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT ATOMIC AUTOMATION’S DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE THE SERVICES.

Acceptance of terms

The web pages available at atomicautomation.com.au and all linked pages (“Site”), are owned and operated by Shane Herring and is accessed by you under the Terms of Use described below (“Terms”).

The term “you”, “you’re” or “your” as used here shall at all times include the individual or legal entity which has subscribed to Atomic Automations services 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.

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 my Privacy Policy, governs my relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Payment and renewal

General Terms
By selecting a product or service, you agree to pay Shane Herring the monthly subscription fee indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of the service for 30 days.

Automatic Renewal
Unless you cancel the service before the end of the subscription period, your subscription will automatically renew and you authorise us to collect the then-applicable fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Description of service

The Site is an online service that offers support to individuals and businesses using, but not limited to, services listed on the Supported Service page.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Atomic Automation. I reserve 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 my sole discretion and without prior notice.

Registration

You must not reveal your account information to anyone other person. You agree that you are solely responsible for maintaining the confidentiality and security of your account details and for all activities that occur on or through your account, and you agree to immediately notify Atomic Automation of any security breach of your account. Atomic Automation shall not be responsible for any losses arising out of the unauthorised use of your account.

Registration is only available to legal entities and to individuals who are at least 18 years of age at the time of registration.

Business hours

My normal business hours are Monday to Friday, 9am to 5pm AEST.

Additionally, I am closed for the following national and state public holidays.

Christmas Eve – December 24
Chrismas Day – December 25
Boxing Day – December 26
New Years Eve – December 31
New Years Day – January 1
Good Friday
Easter Monday

Task requests

Your requests are subject to approval by me.

Task requests must be submitted  via the client portal or via email to [email protected]

I aim for an average task completion time of 3 working days. Working days determined by normal business hours.

You agree to provide all content, copy, images or other assets need to complete a task that you submit.

You also agree that should you not provide any assets needed to complete a task, the time needed to complete that task will be taken from the time all assets are received.

I give no guarantee either express or implied on the timeframe of when a request can or will be resolved.

Fair and reasonable use

Requested tasks duration is subject to a maximum of 1 hour of development. The time required to complete a task will be determined by me.

Tasks which take longer than one hour or fall outside of the scope of services provided by me may incur additional costs or be rejected.

Any additional costs to complete a task will be discussed with you prior to any work being carried out.

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by me.

Clients deemed to be abusing the service will be contacted before any action is taken.

Termination of any service due to unreasonable use will be at my discretion.

Ownership and trademarks

I agree that I will not reuse, claim ownership of, or allow to be used by any other person any images, content, and other assets you provide to me as part of this service.

You agree that any materials provided by you are proofed and approved to be used in your tasks and are not owned or trademarked by a different entity. You agree that any materials provided by or on behalf of you, can be legally used in your tasks.

We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Atomic Automation that all materials provided do not infringe on the intellectual property rights of third parties.

You agree to indemnify, defend, and hold harmless Atomic Automation and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable solictor’s fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Cancellation

You may cancel your service at any time.

If you cancel your service, the date of effect will be the last day of your current billing period.

If you do not cancel your service prior to your renewal date, an additional month will be payable.

Cancellation must be done through your account portal.

No refunds will be given for services cancelled prior to the end of your current billing period.

Should you cancel your service, any task request that are in progress or outstanding will be cancelled and no further work carried out.

On the first business day after a service has been cancelled, all passwords, access tokens or any other information related to accessing a customer’s service will be deleted from my systems.

Limitation of liability

We will not be liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with these terms of use or your use of the service.

Jurisdiction

If a dispute arises regarding these Terms, the laws of Queensland, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the dispute cannot be resolved within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If any part of these Terms is found to be invalid, illegal, or unenforceable, it will not affect any other provision of these Terms. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and these Terms shall be enforced as if these Terms did not contain the invalid, illegal, or unenforceable provision.

Changes to these Terms

I reserve the right to modify or replace these Terms at any time. If any changes constitute a material change, as determined by me, I will notify you by posting an announcement on the site.

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 these Terms shall be deemd as your acceptance of the Terms as modified.