DSD WEBSITE MANAGEMENT SERVICES
TERMS AND CONDITIONS
Please read carefully.
ACCEPTANCE
Please note that by submitting your payment, you are agreeing to all of our terms of service. The user(s) of this service agrees to the terms of this agreement on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. DSD reserves the right to change or update these terms at any time without prior notice.
AUTHORISATION
You (the client) are engaging DANIEL SIM DESIGN (DSD), as an independent contractor to perform work as described in the Website Management Invoice. In the event access to your website is necessary, you hereby authorises DSD access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install and update any necessary WordPress plugins for maintenance and security.
PRICING & PAYMENTS
Once a client of DSD, you authorise DSD to use the third-party secure payment provider of your choice to process the recurring payments for the website management services rendered by DSD of the amounts you agreed to as on the invoice on a monthly basis until further notice. Please be aware there maybe a surcharge by the party. We may change our payment gateway partner at our discretion. There is no locked-in contracts. In order to cancel your recurring payment or change payment method, simply contact DSD fifteen (15) Australian working days prior to your next payment due date.
THIRD PARTY SERVICES
DSD engages payment services from third parties not related to us, including without limitation our Payment Gateway partners eWay and GoCardless. Terms of eWay can be found at https://www.eway.com.au/legal/ GoCardless at https://gocardless.com/legal/merchants/ and STRIPE https://stripe.com/au/legal/payment-terms It remains your responsibility to ensure you agree and comply with their terms and if you do not agree with such Third Party Terms, it is at your discretion to cease your involvement and alert DSD for alternate payment arrangements. You agree to indemnify DSD from any direct, indirect or consequential loss, cost, expense, damage or liability arising as a result of the use of Third Party services used.
CANCELLATION & REFUNDS
Cancellation of any monthly recurring service can occur at anytime up until (15) fifteen Australian business days before the next monthly payment is due. No refunds are available after your purchased package or service has been started, unless otherwise specified and authorised by DSD.
COPYRIGHT
DSD does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
REFUSAL OF SERVICE
DSD reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or reasons at our discretion.
THIRD PARTY OR CLIENT PAGE MODIFICATION
With a WordPress based website, clients can independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and DSD. If anyone other than DSD or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $120 (GST inclusive) per hour beyond the time allotted in the monthly care plan. We will bill in 30 minute blocks.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
DSD does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted, secure, or error-free.
To the extent not prohibited by law, in no event will DSD be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if DSD has been advised of the possibility of such damages.
DSD does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and DSD disclaims any liability relating thereto.
This Work Statement Agreement is governed by the laws of Australia without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with DSD or relating in any way to your use of the created webpages or Internet website resides in the courts of the Australia.
Please contact us with any questions regarding the DSD Terms of Service by email [email protected].
