By placing an order with Hidden Spark, you confirm that you are in agreement with and bound by the terms and conditions below.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE.
Definitions:
- Disclosing Party: The company or individual requesting the services of Hidden Spark.
- Receiving Party: Hidden Spark primary web developer/site owner & employees or affiliates.
General
Hidden Spark reserves the right to change or modify the Terms and Conditions at any time without prior notice.
Hidden Spark will carry out work only where an agreement is provided either verbally, by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Hidden Spark and the client, this includes telephone and email agreements.
1. Purpose
The Receiving Party may be granted access to certain personal information of persons solely for the purpose of providing and supporting website and custom software development (the “Permitted Purpose”).
2. Definition of Personal Information
“Personal Information” means any information relating to an identified or reasonably identifiable person, including but not limited to names, contact details, identification numbers, login credentials, images, or any other data defined as personal information under applicable privacy laws.
3. Restriction on Use
The Receiving Party agrees that it shall:
- Use Personal Information strictly and exclusively for the Permitted Purpose;
- Not use Personal Information for any secondary, unrelated, commercial, marketing, or personal purposes;
- Not analyse, mine, aggregate, or profile the Personal Information except as strictly necessary to deliver the Permitted Purpose;
- Comply with all applicable privacy and data protection laws and regulations.
4. Confidentiality Obligations
The Receiving Party shall:
- Keep all Personal Information confidential and secure;
- Limit access to authorised personnel who have a legitimate need to know for the Permitted Purpose and who are bound by confidentiality obligations no less restrictive than those contained herein;
- Implement appropriate technical and organisational security measures to protect Personal Information from unauthorised access, disclosure, alteration, or loss.
5. Prohibition on Disclosure
The Receiving Party shall not disclose, share, sell, license, transfer, or otherwise make Personal Information available to any third party without the prior written consent of the Disclosing Party, unless required by law. If disclosure is legally required, the Receiving Party must promptly notify the Disclosing Party (unless prohibited by law).
6. Audit Rights
The Disclosing Party reserves the right, upon reasonable notice, to verify the Receiving Party’s compliance with this Agreement, including reviewing relevant policies, procedures, and safeguards.
7. Term and Termination
This Agreement commences on the date first written above and continues for the duration of the service, unless terminated earlier by written notice. Obligations relating to confidentiality and restricted use shall survive termination.
8. Remedies
The Receiving Party acknowledges that unauthorised use or disclosure of Personal Information may cause irreparable harm, and the Disclosing Party is entitled to seek injunctive relief, damages, and any other remedies available at law or in equity.
9. Governing Law
This Agreement shall be governed by the laws of New South Wales, Australia.