Terms and Conditions of Sale

By November 28, 2007October 28th, 2019Terms and Conditions





1. Changes

Changes to the Conditions of Sale can occur often. It is the Client’s responsibility to read the Terms and Conditions before agreeing to orders.  Re-validated acceptance of these Conditions of Sale is by payment which is visible on your bank or card statement.

2. Authorisation

The Client is engaging Zeumic Pty Ltd (herein also referred to as company or The Company), as an independent contractor for the purpose of carrying out specified work.  Designing/building/working/executing a Project (hereinafter referred to as “Project”) to be published on the Client’s account on a Company registered Internet Service (IS)/Web Presence Provider (WPP) computer, hereinafter referred to as “Hosting Service”. The Client hereby authorises The Company to access this account and authorises the Hosting Service to provide The Company, with “full access” to the Client’s account, and any other logins or programs needed for this Project that are included as part of the Client’s service outcome/agreement/level. The Client also authorises The Company to submit the completed Project to major Web Search Engines, own portfolio, awards agencies and other groups for similar internet purposes.

It is the Client’s responsibility to ensure that lines of communication (such as phone and email) regarding the order and/or works are handled by those whom are deemed Client authorised. We will continue with a Client’s order as instructed by whomsoever we have been in contact with in the Client’s organisation/business. The Client will be liable for any changes and fees that occur as a result of communication between us and persons from (or connected with) your organisation. We are not responsible if the Client did not authorise or was not aware of such communications that have come from reasonable sources.

For Third Party services, we will likely use one of our own company controlled email addresses.

3. Development

This Project will be developed using various open source and commercial software products and proofed via our Quality Assurance (QA) procedures.

However, ultimate QA lies with the client, the client is required to check everything and in particular critical items to your business, for example, phone number, email address and ABN.

3.1. Communication

Communication is only to be done via phone call and/or by text message.  Emails are not relied upon and especially not relied on for any urgent, critical, important and the like requests or otherwise.

Should an email be important or contain important information or the like it is the responsibility of the client to (1) call to inform and confirm the receipt of the email.  For example:

> Clients beginning work with The Company often already come with temperamental email systems, sending emails at the client side is brought into question.

Other issues with email as a primary source is; sent to the wrong address, spam boxes, overbearing antivirus systems, technical problems with computer, out of date email software, viruses/malware, sending emails from alternative devices such as phone (synchronisation issues), overwhelming volume, maxed out email systems (preventing send/receive), blacklisted, technical issues, expired underlying services (such as domain/hosting) and so on.

The Company policy on email is it is not opened unless there is a reason to do so, compounding this policy is clients often send emails outside of hours and over weekends, holidays, Christmas or closed periods.

(1) Call, and

(2) Text

Significantly less prone to error.

3.2. Sharing

Sharing of media, such as photos, is to be done via the company’s recommended method Google Drive via a Gmail or GSuite account.

4. Browser Compatibility

Designing and Building a website to fully work in multiple browsers and browser versions can require considerable, extra effort.  It could also involve creating multiple versions of code/pages. The Company represents and warrants that the website we design for you will work in:

> Google Chrome (latest version of release at the date of the quote)

While The Company will make reasonable efforts to design a fully functional website, The Company’s warranty does not cover AOL, text-based browsers or requested special effects or design that we have advised you against.

5. Accessibility for People with Disabilities

The Company’s standard is to meet at least half the currently recommended guidelines for web site development.  Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

6. Assignment of Project

The Company reserves the right, and you hereby agree to assign subcontractors to this Project to ensure that the terms and conditions are met as well as on-time completion.

7. Copyrights and Trademarks

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to The Company for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend The Company and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

8. Completion Date

The Company and the Client must work together to complete the Project in a timely manner.  We agree to work expeditiously to complete the Project. If the Client does not supply The Company with complete text and graphics content for this Project within 30 days of the effective date of acceptance, the entire deposit amount of the shall be retained by The Company as liquidated damages and the contract shall become null and void, at The Company’s option, unless the Project is cancelled in writing by the Client prior to 30 days of the effective date of the terms and conditions.

9. Project Delivery

The final Project will be published to the Client’s hosting service (required to be hosted with The Company’s hosting service) upon receipt of final payment.  The Client understands that The Company’s hosting services require a separate contract. The Client agrees to utilize The Company’s hosting and domain service with all new and outstanding domains names and hosting requirements where internet orientated work is carried out by The Company.  The Client allows The Company full access to the Client’s account via CPanel and FTP. The Client will be solely responsible for any and all hosting service charges.

10. Maintenance

All Maintenance Orders are under a contractual obligation for the term specified in the relevant Maintenance Package.  If not specified then a minimum of 6 months. After the contracted term is completed, maintenance will automatically be charged and completed on a monthly basis until a request for cancellation.

The Client understands that The Company does not guarantee that any completed project will remain free from problems and/or errors and that The Company strongly advises that a website maintenance package is purchased with every website build package to ensure the Client’s purchased website remains up-to-date and error-free.

Should client requests override The Company’s recommendations then this may result in issues with the project.  Budget in this case would need to be expanded or client requests put on hold. Should underlying services or 3rd party services become an issue preventing recommended work and the client has not authorised remedy or the issue persists then maintenance will be carried out in other forms or as best it can be.

10.1. Subscription

Maintenance is subscription based with a sign up for a term length specified on the order which defaults to monthly thereafter. Maintenance is scheduled to be charged on the first of every month with the exception of End of Financial Year (EOFY) where the schedule may occur at the end of the month of June.

10.2. Cancellation

Cancellation in writing is required to end any subscription.

10.2.1 Within the Contract Period

The cancellation of Maintenance Order within the contractual period shall result in full payment of the contract term and no further work be completed. [payment of contract]

10.2.2 After the Contract Period

Should the contract term be served, then the cancellation of Maintenance Order shall result in full payment for the products and/or services already offered/completed by The Company including the cost of discounts previously provided with respect to the contract.  A notice period of +1 month to the subscription for cancellation. This constitutes an additional month paid from the date of cancellation request. (payment of current month +1 month)

10.3. Acceleration

In some cases, The Company will accelerate output for the Client by performing important tasks early, even if the current month’s order is already full. These tasks will be temporarily stored in the current month’s order and then moved to the next month’s when it is available. The presence of an item in a given month’s order does not guarantee that it will remain there, and items may be pushed to later months’ orders.

10.4. Work Delivery (Delay)

Maintenance by its nature is the lowest priority and discounted. The discount and recurring work advantage to the client is best seen over the course of a year where the amount of work and discount are pronounced. Delivery of all work items within the maintenance order is aimed for asap should there be no high priority work ahead of it, otherwise work delivery can be delayed and significantly delayed for more complicated orders. Delays of work delivery are normal and expected for maintenance as this is the trade-off of the discount.

10.5. Order Detail

Maintenance orders are worked on over time, with the aim of completing in 2 months. As a result; the details of the order may not be accurate nor be up to date. Should the maintenance order be required in its final version, then the client should submit a request of this. Some orders may be in Work In Progress (WIP) in which case finalisation may not be possible until the order and work completed.

10.6. Retainer

Applies, see 31.1

10.7. Advance Payment

Applies, see 31.2

11. Prepaid

Prepaid items that have the words PrePaid attributed to their product or service indicates a contractual obligation for that prepaid product or service. Such a prepaid product or service remains available for the stipulated time period and at the agreed price if no time period has been provided it is 1 calendar year from the date of purchase.  A prepaid product or service is contractual to its specifications.

Prepaid items are a retainer.

12. Electronic Commerce Laws

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Project or any other services contemplated herein, and will hold harmless, protect, and defend The Company and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

13. Project Copyright

The Company will own the copyright to the finished works produced by The Company or part thereof.  The Client will be assigned rights to use the works, once final payment under these terms and conditions and any additional charges incurred have been paid.  Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client and remain the property of their respective owners.  The Company and its subcontractors retain the right to display graphics and other works elements as examples of their work in their respective portfolios and the like. All Works will contain a copyright/legal statement with a link to The Company’s website.

14. Ads

14.1. Subscriptions

Ads orders are subscription based and will be charged monthly until cancelled. Ads orders are scheduled to be charged on the 25th of every month, although it may take 1-2 days for the payment to be processed.  Minimum term as stipulated on the order, or if not, then the minimum term of 6 months applies. Whole minimum term multiplied by the amount of the order must be paid to The Company on cancellation prior to minimum term.

14.2. Cancellation

The cancellation of an Ads Order within the contractual period will result in the payment in full for the products and/or services already offered/completed by The Company. Cancellation in writing is required to end the subscription.

14.3. Account Ownership

The Company owns internet ads accounts developed for advertising websites on search engines/the like on behalf of clients. The Client owns the copyright for all intellectual property, which includes but is not limited to accounts and campaigns. Internet ads accounts are developed by utilising The Company’s intellectual property. The Company’s intellectual property for internet ads has been developed over many years through the application of many years of learning and experience, university, qualifications, industry tests, meetings and/or discussions with Google/and the like and complementary businesses, Google seminars in locations across Australia, across many clients, through trial and error, and by rigorous testing. Clients do not acquire any licence, ownership or other rights to ads accounts, campaigns or other related material. The content of these accounts remains The Company’s intellectual property and, as such, access to these would be in breach of The Company’s proprietary rights.

14.4. Advertising Pricing

As market pricing increases on advertising networks, product offering pricing may increase. Subscribed ads packages are subject to change without notice.

14.5. Ads Budget and No Guarantees

  1. There is no guarantee all the funds allocated to the advertisement will be spent. Whilst aiming for the budget figure, if any under budget amount occurs, no refund would be done. In case of unforeseen circumstances, the under budget amount if rolled over then adds to the budget, in the case of cancellation would be deemed management fees and a severance.

  2. Teething is expected within the first week of setup, the first ads run will always be the least productive compared to following ads runs. It is intended that in future ad runs development and problem solving would lead to improvement.
  3. There may be low traffic or low market depth for a particular product or service.
  4. In the situation of poor conversion and low spending, meetings should be held to discuss statistics and reports to correct any problems with the ads and take into account any suggestions you may have.
  5. There may be a high amount of competition resulting in a need for the ads to have higher bids.
  6. In the case of residual funds, further management costs may be required depending on the amount of residual funds to be depleted. (e.g. $50 and over)
  7. In some cases plus (+) or minus (-) of $10 may be left in ads allocation due to variance in campaign delivery.
  8. In the case of extended ad continuance due to residual spending, additional funds may be deducted due to spending limitations enforced by the social network the campaign is being advertised in.
  9. We aim for ads to complete 2 days prior to the completion date to ensure smooth continuation of ad spending.  It is recommended that a payment be made 5 days before the completion of the ads.
  10. Ad Campaigns are managed on a monthly basis, e.g.; Jan 1 to Jan 31 and paid on the 25th of the month prior is order to prepare and planned to complete 5 days prior to the end of month. If you have special date requirements, additional hourly charges apply.
  11. If you begin internet ads during a current month you have the option to run until the end of the current month, or until the end of the following month, or wait until the 1st of the next month.  The default is 1st payment will run til the end of the current month.
  12. If a campaign is not performing well, increasing the daily budget and bids will push the probability of more ad clicks and displays during the day. Due to market conditions (e.g. TV and radio), this may quickly deplete budget between checks.
  13. If you are interested in the matters of geographical targeting for your ads, please see our article on Geo-targeting, and contact us if you require further assistance.
  14. If you have concerns regarding the issue known as “click fraud”, or the scenario in which your competitors are clicking on your ads to deplete your budget, please see our article on Click Fraud and Invalid Activity for information, and contact us if you require further assistance.
  15. For more information, please visit: Why aren’t my ads showing?
  16. Statistics and reporting is done via the order, the client can login to The Company website to access the order, there the statistics are provided, if not they will be provided there on request. Alternatively a client can call and these will be provided over the phone.
  17. If a percentage (%) spread is determined across a budget it is not guaranteed it will be a perfect allocation, additionally teething occurs, in early months it may be quite off.

15. Social Networks

The Company owns social network accounts developed on behalf of clients. The Company owns the copyright for all intellectual property, which includes but is not limited to accounts and pages. Social networking accounts are developed by utilising The Company’s intellectual property. The Company’s intellectual property for social networks has been developed over many years through the application of many years of learning and experience, university, qualifications, industry tests, meetings and/or discussions. Clients do not acquire any licence, ownership or other rights to social networking accounts, pages or other related material unless explicitly stated. The content of these accounts remains The Company’s intellectual property and, as such, access to these would be in breach of The Company’s proprietary rights.

16. Design Disclaimer

In the process of creating your logo (or another such organisation branding), we research existing designs for inspiration and to get an idea of the look and feel of your particular area of service/product/business/etc. We combine this with the information and preferences that you provide us to try to develop a logo design that communicates the personality and nature of your business. As is the case with any creative industry, there is the possibility that something that we design may look similar to another design that exists somewhere in the world. We cannot guarantee that similarities between your logo and an existing logo will not occur.

17. Complexity of Project

The Company will endeavour to complete your project under the time-frame and items quoted in the order. However, as is with the nature with any development work undertaken, unforeseen complexities may arise during the development of your project which may delay or require further work to be completed.

18. Payments

Payments must be made promptly based on the terms of this Project or Multimedia works.  The Company reserves the right to remove any Project or services from viewing/operation until final payment is made.  In case, the collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.  These terms and conditions are effective upon commencement of work or first payment. Regardless of the location business, the Client agrees that for purposes of venue, these terms and conditions were entered into in Melbourne, Victoria, Australia, and any dispute will be litigated or arbitrated in Melbourne, Victoria, Australia, and the Client hereby consent to the personal jurisdiction of the Victorian State Courts.  Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in AU Dollars.

The only form of payment to The Company is by a credit or debit card, any other form of payment is at the discretion of The Company.

Should The Company be paid for a service or order number while other active orders are in a not paid state then these funds will go towards this first.

Should the client pay using incorrect order numbers or incorrect descriptions or memo’s The Company will correct and apply accordingly.  Payments received for old or ended orders start new orders for updated equivalent, if contractual then contract terms and conditions also start again.  Payment is confirmation of these terms and conditions. If there is any doubt the client should contact The Company for assistance.

Late Fees are applicable of 20% of the order value up to a maximum of $200 unless the late payment causes further issues, in this case attributable costs would be added too.

18.1. Card Auto Payments Terms and Conditions

When providing or submitting you agree to the Card Auto Payments Terms and Conditions as well as all Terms and Conditions set out here.

New Card (Credit, Debit or likewise) registrations are subject to a preauth.

Upon provision of a credit card account, you authorise us to automatically debit your nominated credit card for all charges on issuance of a valid invoice. To minimise service disruption due to credit card expirations, our billing systems will automatically attempt to update the expiry date of your credit card when necessary to process payments, however, we do not guarantee this will be successful. We remind you that it is your responsibility to ensure your credit card details are kept up to date at all times.

We will charge your card at the time of incremental completion of approved work or shortly thereafter or subject to the payment terms.

The billed amount will be exact to that of the incremental portion of the related order(s)/invoice(s).

If you pay by debit card and your payment results in an overdraft or other fees from your bank, you alone are responsible for that fee.

The Company will not disclose your details to any other parties.

Should you provide another card by any communications it will be held in conjunction with this same agreement.

You have read all of the Terms and Conditions and related documents.

Some orders may involve services performed by third parties. We will complete the payment on your behalf before we continue with the order. Even if we are not charging you for our work on your order, you are still required to provide payment for the third party services. If this is required, it will be stipulated in the notes section of your order.

Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including any interest charged on overdue amounts, calculated at the daily rate of 12% per annum).

18.2. Payment Schedule

Payment for services provided hereby shall be made in accordance with the conditions contained in this document.

For orders with a total of the order less than two hundred Australians Dollars ($200 AUD), full payment will be taken upfront.

Maintenance orders, advertising management orders and prepaid support orders are to be charged 100% upfront.

Otherwise, payments shall hereby be split into 2 incremental portions. The Client agrees to pay to The Company an initial, non-refundable deposit of 50% of the total of the order upon execution of acceptance and agrees that the remaining 50% portion will be received at approximately 50% completion of the order, within an appropriate range of the 50% completion. Any agreed upon variation to this payment schedule will be stated in the order notes. All amounts must be in AU Dollars.

18.3. Third Party Payments

Some orders may involve services performed by third parties. We will complete the payment on your behalf before we continue with the order. Even if we are not charging you for our work on your order, you are still required to provide payment for the third party services. If this is required, it will be stipulated in the notes section of your order.

18.4. Advanced Payment, Prepayment and Retainer

Payments made in advance are non-refundable due to their nature of contracted service.

19. Variations

Coincidental and requested changes of orders fall under variation.

19.1. Expectations of Completed Project

Work is completed to the specifications of the order.  It is not reasonable for a client to expect their dream when their order is based on specification.  Should the order outcome not measure up with or be ‘on the way towards’ “the dream” of the client it is very likely the client has not had parts put into their order to get it ‘on the way towards’.

19.2. Variation

The client may request changes in orders during or prior to performance of services or delivery of work, goods and services.

Everything costs money, should the client request any addition, change, alteration or anything whatsoever it will cost extra.

It is unreasonable the client think otherwise at any time.

Post completion of order specifications it is recommended another order be generated for further updates, often minimal prepaid support orders will overcome most issues.

19.3. Pricing

After a requested change of order, the existing order will be updated with the price of the additional goods and/or services. Prices are listed via the company website, it is the clients own responsibility to review the pricing of goods and services before requesting a change in order.

The ‘but I didn’t know’ excuse is not acceptable.  All reasonable care is taken to inform the client by the company, talking at length and the gruelling work on the company website to transparently present all costs.

The client is defined as smart, whilst all reasonable care is taken by the company the client is in control of their own requests.

19.4. Agreement and Confirmation

If the client has initially confirmed an order, any requested changes following this confirmation will be amended to the order without the need for reconfirmation.

19.5. Review / Checks of Work

Some work items are flagged for review/check from the client over email or the like. Items, for example, are logo or newsletter.

Should the client not provide approval or feedback in a timely manner, maximum 5 business days, then the check will be accepted as approved.

20. Legal Notice

Notwithstanding anything to the contrary contained in this contract, neither The Company nor any of its employees or agents, warrant that the functions contained in the Project will be uninterrupted or error-free.  The entire risk as to the quality and performance of the Project is with the Client. In no event will The Company be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Third Party Software/Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Project and multimedia ,failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if The Company has been advised of the possibility of such damages.

21. These Terms and Conditions

These terms and conditions constitute the sole agreement between The Company and the Client regarding this Project.

Acceptance can be verbal, written or otherwise. Additionally, payment clearance is also taken as client acceptance should it not be immediately disputed.

Should the client be missing orders/invoices for any reason it is pointed out that they are available online via the company’s website. It is the client’s responsibility to make sure they have orders/invoices they need and the client’s responsibility to retrieve orders/invoices.

22. Alternate Web Infrastructure(s) and The Company

Please see: Alternate Web Infrastructure(s) and The Company

23. Rescinding of Services

Should, for any reason, rescinding of services be enacted either stated or implied by either the client or The Company then The Company is under no obligation to perform any further work.

24. Warranty and Returns

Don’t send anything back without contacting us first. Goods will not be accepted back without prior authorisation and a The Company Return Authorisation number clearly displayed on the outside of the packaging. To obtain our Return Authorisation No. please complete the form hereafter contacting us and/or the manufacturer to confirm the fault.

24.1. Shipping Costs and Liability

We operate on the basis of “sender pays”. ie You pay to send the faulty item in and we pay to send the repaired or replaced item back to you. (It’s the same principle as buying from a bricks and mortar shop. You still need to get it back to the shop somehow.)

We recommend the use of a courier or postal service where proof of delivery can be obtained. Ownership of goods sent in either direction only passes to the intended recipient where proof of delivery can be produced.

24.2. Advanced Replacement

Unfortunately, we can’t offer an advanced replacement. All products must be received and inspected prior to a replacement being sent out. Some manufacturers do offer advanced replacement on their business class products but this is by arrangement directly with them. Please contact the manufacturer to find out if this is an option with your product should you require it.

24.3. Non-Warranty Damage

Damage caused by surge, water, heat or misuse is not covered under manufacturer warranty and will in many cases either be rejected or attract a fee for repair or replacement. Products with visible marks or suspected non-warranty damage will need to be assessed & repaired or replaced by the manufacturer and cannot be replaced from our stock. If you have a product that might fall into this category please let us know and we’ll arrange for you to send it directly back to the manufacturer to avoid any unnecessary delays.

24.4. Return Procedures

Please first read our Returns Policy.

Most importantly, please contact us and/or the manufacturer (details above) for fault diagnosis before sending anything anywhere.

D-Link, Draytek, Eaton/Powerware, Engenius, Logitech, McAfee/Snapgear, Netcomm, Netgear, SMC and so on all handle warranty directly so there’s no need to contact us for these unless you’re chasing a refund. However, we still like to be kept in the loop so please CC us in on any support emails going back and forth to the manufacturer so we can track what’s happening and/or step in if we have any suggestions. For all others, or if directed by these manufacturers back to us, please click here to complete our return form.

Cisco, D-Link, Linksys, Netcomm, Netgear and so on all must have a Case ID or RMA No. from the manufacturer (obtained by calling their technical support number) before they can be returned.

For all others please contact us for instructions. In these cases, we either handle warranty directly or we’ll organise everything for you with the respective warranty agent and let you know where to send it.

We will gladly refund or exchange any product that arrives faulty, doesn’t perform as advertised or doesn’t match the description given at the time of purchase within 7 days of the date of sale. Beyond 7 days is repair or replacement under the terms of the manufacturer’s warranty. We generally will not approve a refund on a product that is not faulty but has been opened and/or has signs of being used. However, if you have a special case that falls outside these guidelines please let us know and we’ll see what we can do.

25. Client Conduct

The company does not tolerate rude, threatening, or abusive behavior. The company at its discretion is entitled to cease some or all correspondence /communications and dealings with a client it deems to be unbecoming.

Borderline conduct and rants are also not tolerated.

The client is reminded that the company is your chosen expert, the company is here to help and not a punching bag.  The company does have a choice when it comes to doing any client work or working for a client, entity or individual.  Additionally the company for any reason does not have to work for the client.

25.1. Fees due to termination of service.

Fees may be charged with $299 per /hour and if we deem necessary.

25.2. Anti-Defamation Clause

You may not post, communicate or circulate any defamatory, abusive, malicious, threatening or misleading material that may cause a negative impact on and/or damage the reputation of The Company.

26. Liability and Insurance

The Company is not liable for any damages or interruptions to services caused by any product, or failure of any product to perform, including but not limited to any lost profits, lost savings, loss of use, loss of data, or any other special, incidental, indirect, or consequential damage of any kind, whether or not advised of the possibility of such damages, and regardless of the theory of liability pursuant to which such damages may be sought. It is the client’s own responsibility to organise their own insurance.

26.1. Third-Party Development

Third party (alternative consultant/staff member) work voids any licenses provided by the company and removes any liability for previous work completed by the company.

27. Administrative Overhead

Late/non-payment management creates extra administrative work as orders/subscriptions need to be paused/cancelled and payment needs to be reprocessed or re-initiated. As such, to cover the cost of this management, time will be deducted from open prepaid support orders. If no prepaid support orders exist, a new order will be generated and you will be charged the standard rate for one hour of prepaid support. See Prepaid Support.

Should non-payment persist services will be put into suspension such as but not limited to website, domains, hostings, email systems, etc.

28. Software

When you install The Company software, plugins, extensions on your site, we may collect some of your site data for analytic purposes, including but not limited to the site name, URL, and admin email address. We may also send emails to this address in the future (which you will be able to unsubscribe from). See our Privacy Policy for information on how we handle your data.

29. Phone Calls

Calls may be recorded for training and quality purposes.

30. Bookings / Appointments Cancellation

Cancellation is only accepted 5 business days prior to the appointment date.  If cancellation occurs within the 5 business days prior to appointment a $99 booking cancellation fee applies.  If cancellation occurs within 2 days or a ‘no show’ occurs on the day of meeting then full charges as a priority order for all time and expenses incurred applies.  Reasonable care by the client in cancellation is minimum (1) a phone call to let know AND/OR (2) text message. Should cancellation occur any other way without (1) call it is assumed not sufficient unless The Company acknowledges and accepts your alternate cancellation communication method.  For example the following are unacceptable cancellation avenues unless fully acknowledged and accepted: Facebook message, Twitter message, website message, email message, calendar message.

31. Predictability and Continuity (Security)

This section relates to clients on a larger than entry level payment plan (subscription) or multiple plans across a few projects.  When on a larger payment plan it is usual that more work is required. For the client more work is usually in the form of attracting more clients or implementing facets for efficiency/effectiveness.  For the The Company perspective it is about costs attributable, for example, the employing of staff, the provision and utilisation of The Company services, systems, inventions and intellectual property.  So for these two perspectives it brings about the core requirement of a Retainer for predictability and continuity for work for the fulfillment of work.

On a large scale a cancellation has a large effect for both parties, the idea here is ‘do no harm’, ensure stability, a long term business relationship, uninterrupted flow of services whilst in the event a cancelation applies an ease out allows for planning ahead for both parties.

31.1. Retainer

The Retainer is a security for the continuity of service. It is a payment of 1 month additional to the current month’s order.  It will only be used in the event of cancellation, whereby, the Retainer fund will be the source to sustain work and lead out for 1 month after cancellation and last consumed payment.  If determined applicable, then the Retainer is a requirement with a lead out capability.

Should the client not pay and not cancel, then, unless there is an ‘Advance Payment’ all work will pause.  If after 1 month from the normal scheduled payment date(s) no return to payments and no cancellation is provided then the Retainer is kept by the company as a Severance package (holding of capacity for the intended work and the like).  In this case no work is done and the Retainer is consumed by way of Severance.

Depending on the size of an order, a client may be required to supply more than 1 month Retainer, for example 2 months or 3 months and so on depending on the scale and circumstances.  The company will apply / inform should a larger Retainer be required.

A Retainer is not refundable as it is the predictable portion for the lead out purpose be it work or Severance.

In the unlikely event the client does not want to have any further work completed then the client is waiving their right to the work, in this case the Retainer becomes a Severance Package.

31.2. Advance Payment

An Advance Payment is paid after a Retainer.  The Advance Payment provides the capability for continuity when a payment is not received.  Advance Payments are paid on increments of 1 month. An example of its use is;

> When a client, for whatever reason, does not pay for the next month, the Advance Payment is then consumed in order to keep works continuing, should payment not be received after the Advance Payment is consumed (31.1 Retainer) terms then apply.

Why would a client want to pay an Advance Payment?  Works are often considered mission critical to continued operations of the client.  A payment source usually a credit or debit card may change, or go down, or a stop it placed on it, or for any reason the payment source may come into question the Advance Payment keeps works on track.

An Advance Payment is not refundable as it is an added level of predictability for both parties, the client and the company.

In the unlikely event the client does not want to have any further work completed then the client is waiving their right to the work, in this case the Advance Payment becomes an addition to the Severance Package.


32. Transfer, Migration, Cut Over of Services

Moving services to The Company’s services in any respect there is always a risk.  There are expected disconnects, for example the website might not work straight away, there may be propagation and so on.

Secondary services may be disrupted or lost and major issues may surface, there may be a virus or malware or equivalent with the previous project, the previous supplier may have done something in a certain way that doesn’t work on a transfer/cut over/migration and so on.

This risk is the clients and there may be a need to pay for additional work or services to get working, furthermore it may not be possible.  The client is therefore fully aware and further should seek insurance.

Usually, it is no issue, however there is potential risk.

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