The terms that govern your use of our website and our digital services.
These Terms and Conditions ("Terms") govern your use of the website located at vieradigitalpty.site ("Site") and your engagement of any services provided by Viera Digital Pty Ltd (ABN 93 696 985 047 / ACN 696 985 047) ("Viera Digital", "we", "us", or "our").
By accessing our Site, enquiring about our services, or entering into a service agreement with us, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Privacy Act 1988 (Cth), and the Corporations Act 2001 (Cth).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Viera Digital provides digital consulting and technology services including web development, cloud and infrastructure solutions, digital strategy, cybersecurity advisory, application development, and IT consulting. Service scope, deliverables, timelines, and fees are defined in individual service agreements or proposals issued to the Client.
Nothing on this Site constitutes legal, financial, or professional advice. Content relating to digital strategy, cybersecurity, and technology is general in nature.
All engagements are subject to a written proposal or service agreement accepted by both parties. Pricing, milestones, and payment terms will be set out in the relevant agreement.
All intellectual property rights in the content of the Site — including text, graphics, logos, branding, and software — are owned by or licensed to Viera Digital. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Upon full payment, the Client receives ownership of the specific deliverables outlined in the applicable service agreement (e.g. website code, design assets). Viera Digital retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in the delivery of services.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are provided with due care and skill, are fit for the specified purpose, and are supplied within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Each party agrees to keep confidential all non-public information received from the other party in connection with a service engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Where Viera Digital is engaged to process, host, or manage Client data in the course of delivering services, we will implement reasonable technical and organisational measures to protect that data in accordance with the terms of the applicable service agreement.
Subject to clause 7 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Viera Digital, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Either party may terminate a service engagement in accordance with the termination provisions set out in the applicable service agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Viera Digital to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written service agreement or proposal and our Privacy Policy, constitute the entire agreement between you and Viera Digital with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: