Sales Service Agreement and Terms
All services provided by Thomas Web Designs including website hosting, website development, design, or other services are subject to the following terms and conditions.
First of all, thank you for your interest in working together. Please read this information carefully. This Agreement is being made between (“you” or “your” or “client” as named) and Jacinta Thomas trading as “Thomas Web Designs” (“Web Designer”, “Consultant” or “us” or “we” or “me”).
Service Description.
As outlined and described on the service page https://thomaswebdesigns.com.au/services/ or other pages of our website or email conversation or invoice for the particular service (s) you purchased.
The customer must provide billing address details and any other information necessary for Thomas Web Designs to maintain website hosting and registration services. Any information not provided at sign-up will be requested on the invoice and provided by the customer.
Time frame:
Each project can take different amounts of times depending on our current workload and your actual job. We will discuss this with you depending on your urgency and our availability.
Extra:
Any work outside of the scope of the service description outlined above will be charged at our General website editing or fix charge and can add 4-7 days extra onto the time frame of your project.
Please note while we are undergoing edits, please do not log into your website dashboard to make any updates or edits without advising us first as this can cause issues or conflicts without work and for us to redo work then you will be charged at our general website editing charges.
Agreement:
By replying to this email and saying let’s start, or receiving and paying the initial invoice indicates agreement to these terms of service.
Our Responsibilities.
As your website designer, Developer and or digital marketing business consultant, my role is to:
Complete or send all services in a timely manner as discussed.
Be available and on time for our Consultant sessions.
Be fully present with you during any consulting sessions to listen to you wholeheartedly and answer/teach any questions/ problem areas.
Offer support, encouragement, feedback and expert guidance throughout the service projects.
As website Domain Name and Hosting Provider, my role is to provide:
Fast cPanel SSD managed Website hosting.
Updated PHP. (PHP is the programming language used to build and maintain WordPress. Newer versions of PHP are created with increased performance in mind, so you may see a positive effect on your site’s performance.)
FREE SSL Certificate ( An SSL certificate transfers your website from http:// to https:// this means your website link is secure.)
Monthly Updated Software (We update available program versions monthly to keep your website secure- wordpress, Joomla and more plus themes and plugins) Paid plugins without current licenses or automatically updates are not updated and is the responsibility of the customer.
Uptime Commitment:
We are committed to provide 99.9% uptime, however, periodic downtime can occur due to errors and planned maintenance, We will try to keep this to a minimum and notified in advance before this occurs.
As the Client, it is your responsibility to:
Respond to or provide information for any set tasks in a timely manner so we can complete the task. (If information isn’t provided asap then this can cause your project to take longer to complete)
Make all payments on time, and honor all policies.
Ask any questions you may have as they arise.
Show up for any consultant call on time and without any distractions.
Take 100% responsibility for your success or failure to achieve your goals.
Respect our working hours when making phone calls- we try to action emails asap however all emergencies please complete our Priority Fix Form.
Conduct regular website maintenance to keep your website secure, free from errors, malware or viruses and backed up so it can be easily fixed if it goes down. (Please talk to us about our ongoing website maintenance packages if you need further help.)
Talk to us about other website updates and editing you are doing to prevent work being deleted or causing errors due to clashes in work. Also be careful when following our written instructions or videos to make your own editing- note you will be charged additional hours or fee’s if we are required to fix up errors caused for any of these reasons.
Communication, Contacting, and scheduling an appointment.
Contacting Me:
I try to be attentive to my clients. I generally work between 9.30am and 3pm Monday to Friday, however, due to my high demand from clients and family I may not always be available. For all training, I require a booking to be made, which you can make through my booking from. I generally respond to emails within a few days during business hours. For any technical issues that require urgent attention such as your website not working, then please complete my priority form and I will try to get fixed asap. Please note that any issues that were caused from your own updating or editing then our standard rate is charged, we can normally have edits done within 1-7 days depending on the requirements.
Cancellation and Rescheduling:
Showing up for any consulting Calls is very important because it shows commitment to yourself. It also demonstrates respect of both your time, and my time, so I have a very firm cancellation policy. If you need to cancel any consulting session for any reason, you must do so at least 2 hours in advance (although 24 hours is preferred) by sending an e-mail via my Contact page. However if you need to cancel or reschedule a Consulting Call without providing at least 2 hours advance notice, it will be considered forfeited and there will be no opportunity to reschedule it. If a true emergency occurs, please e-mail me via my contact page and in my sole discretion, I will determine whether the Consulting session may be rescheduled; otherwise, it is forfeited.
Non-Communication:
If the client does not respond to our emails or phone calls with required information for a project, for a duration of at least sixty days (60) during the setup and development process, the project will be canceled without prior notice and no refund will be issued. If the project is.
Investment and Payment:
Your service project will begins upon us receiving your initial payment. Payments of services under $200 must be made in full upfront. Services of $201 or more can be broken down with 50% payment, 25% due after 3 weeks and the final 25% due 3 weeks late, however all payments must be made before training and/ or passwords are provided if the website is completed before this time. Other payment plans available depending on the project. All monthly payment service will need to have their 1st month paid before any services are set up or can be assessed. Monthly invoiced editing services can be arranged for approved clients. Any non-payments will resolve in any services being restricted or canceled.
Authorization and Receipt:
For our membership clients, you give us permission to automatically charge your credit or debit card as payment for your Service without any additional authorization, for which you will receive an electronic receipt. Once our billing dates are agreed upon, you are responsible for being aware of your billing dates, so if there are any changes that need to be made to your billing information in order for your payment to be processed, you are responsible for letting us know in advance by sending an e-mail to via our contact page.
Missed Payment:
In the event that there is a problem with the payment and it is not made on time, you will be notified by e-mail and then have a 72 hour grace period to make the payment following the due date, otherwise the Service will be put on hold. If no payment or contact is made within the 72 hour grace period, the Service will be automatically terminated and no refund will be provided. For any created services such as a web design or hosting then, your website will be shut down and removed from your hosting and kept as a backup for a 3 month period. You will be then required to pay a reinstall fee if you wish for us to continue within this 3 month period.
Refund Policy:
I want you to be happy with your service. If for some reason you are not satisfied and wish to stop the service at any time. Because I will have invested considerable time and effort in your service, if you decide to withdraw for any reason whatsoever, you still will remain fully responsible for the full cost of the service, and no refund will be provided. I will however be happy to discuss why you’re not satisfied and try to come up with a better alternative. For any membership clients, monthly payments will be taken automatically, so it’s your sole responsibility to manage this and cancel your services at least 2 days prior to avoid a new monthly payment being charged. I, unfortunately, cannot refund any membership fees if you do not cancel it before the new month rolls over.
Confidentiality.
I will keep all information exchanged during the Service in strict confidents. I will not disclose confidential information that you share with me and my team during or after the service to anyone else without reason, except as when required by law, ethics, or upon written authorization by you.
Intellectual Property Rights. I retain all ownership rights to the materials provided to you through your participation in the service. The copyrighted and original materials shall be provided to you for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from us electronically or otherwise without my prior written consent. All intellectual property, including the copyrighted service materials, shall remain my sole property and no license to sell or distribute or materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Service, including any of the Service materials. Upon completion of any service, Thomas Web Designs will transfer any password if applicable to you. Thomas Web Designs reserves the right to display websites and graphics that have been designed and set up by Thomas Web Designs on their website www.thomaswebdesigns.com.au, and in any marketing material to aid as examples of our work. For any website design, transfer or wordpress installations set up by Jacinta Thomas and her team will have a Designed or managed by Thomas Web Designs link on their website in the footer of every page, unless otherwise mutually agreed between Thomas Web Designs and the client. This link may NOT be removed without our consent. Should you have a new layout designed for your site by a company other than Thomas Web Designs, you may remove the credit from your website.
Personal Responsibility, Disclaimer & Release of Claims.
Personal Responsibility & Assumption of Risk:
You acknowledge that you take full responsibility for your health and well-being and all decisions made before, during and after your Service. I have used care in preparing the information provided to you, but all of my information, services and programs are made available to you as self-help tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions and results, and expressly assume the risks of the Service for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Service, whether or not such risks were created or exacerbated by the Service.
Disclaimer:
I explicitly state that my role is to support, assist or create for you a service project to help you in reaching your goals in business, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you will attain a particular result or income increase or level, and you accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors. As with any financial or business-related service or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made. Any earnings or income statements or examples are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Service. You agree that I am not responsible for the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through the Service. You are solely responsible for your results.
Indemnification and Release of Claims:
I will not be held responsible in any way for the information that you request or receive through this Service. By signing this Agreement, you fully and completely hold harmless, indemnify and release me and any other of my employees, shareholders, directors, staff, consultants, contractors, agents, or anyone affiliated with me or us, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against me or us, arising from your participation in or in any way related to the Service, unless arising from the gross negligence on our part which legally may not be waived.
Other Important Terms.
Termination:
Either of us may terminate this Agreement with 24 hours written notice to the other, however as per our refund policy, no refund is given. E-mail notification is permissible and sufficient. Please note that I reserve the right to terminate this Agreement if you repeatedly miss payments. I also reserve the right to terminate this Agreement if you miss your consulting sessions concurrently without providing proper notice. All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms as written above, will still apply even after termination by either of us.
Notice:
All correspondence or notice required regarding the Service shall be made to me at via my contact page and to you at the e-mail address or phone number you provided during your enrolment in the Service. Should your e-mail address or contact information change at any time throughout the course of the Service, it is your responsibility to provide your new contact information to me within 72 hours of any such change.
Entire Agreement, Assignment, Survivability and Waiver:
This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
Governing Law:
This Agreement shall be construed according to the laws of Australia.
Dispute Resolution:
It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction with your Service via e-mail via my contact page. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted to you. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Goulburn, NSW and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
Non-Disparagement:
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage the Service or me. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Acceptance
By ticking the terms and conditions then you are agreeing to all of our terms of service as written here.
Your Service will NOT begin until this document has been received and agreed on, and your deposit has been made.
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