In using my (www.jayfletcher.com.au) website, accepting a quotation/proposal (either verbally, via email, SMS or any other form of communication) or engaging with Jay Fletcher (ABN 69 699 617 164) to commence work, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The/This Company”, “Ourselves”, “We”, “I”, and “Us”, refers to my Company – Jay Fletcher (ABN 69 699 617 164) and myself – James Fletcher. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Exclusions and Limitations
The information on our web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
– Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
– Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
Cash or BACS Transfer are all acceptable methods of payment. Our Terms require that payment must be paid in full within ten (10) business days of the invoiced date. All goods remain the property of the Company until paid for in full.
I reserve the right to charge late payment fees of 9% per month for total invoice cost for unpaid invoices exceeding the payment terms stipulated on each invoice.
An Administration fee for late payments of $5.00 per week will be applied to all overdue accounts.
I reserve the right to list the names of companies or individuals with Credit Reference Services and details may affect future credit ratings of the client, for accounts exceeding my payment terms.
I am not liable for the costs incurred through the process of collecting any outstanding debts. Any legal action taken by myself for the collection of outstanding monies against companies or individuals will be paid for by the client or individual.
Returned cheques will incur a $50 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
24 hours’ notice of cancellation required from the date of given approval. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. I reserve the right to charge for any time/effort that has already been devoted to an agreement/service/project that is deemed as ‘underway’. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Availability
Unless otherwise stated, the services featured on the my website are only available within the Australia, or in relation to postings from Australia. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through our website. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links to our website
You may create a link to any page of our website without our prior written consent. However, If you do create a link to a page of our website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. The Company accepts no responsibility through any loss or damage caused by linking to our content.
Links from our website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of our website.
This Company’s logo is a copyright of this Company in the Australia. The brand names and specific services of this Company featured on this web site are copyrights owned by this company. Use of this website is bound by the copyright notice. Website Copy, Code and Imagery are owned by Jay Fletcher. Use of these without permission is breaking the Australian Copyright Act 1968 and is enforceable by law.
Indemnity
The Client agrees to indemnify Jay Fletcher from any and all claims resulting from the Client’s use of my services which cause damage to the Client or a third party, including but not limited to any direct, indirect or consequential damages, errors or omissions caused by any employee or director of the company, loss of data resulting from delays, non-delivery or interruption in service or for actions resulting from unauthorised hacking into any Website or online database created by us, or from the misuse of any content management system provided by us. The Client acknowledges and agrees that Jay Fletcher cannot guarantee the absence of service interruptions caused by Force Majeure or other circumstances beyond the control of Jay Fletcher.
Design Credit
Jay Fletcher reserves the right to include a discrete link back to www.jayfletcher.com.au from the Client’s website. This design credit is to remain on the site unless the editing of the site has been taken over by another party and the design appearance of the site has changed by over 90% from its original look as provided and designed by Jay Fletcher. Jay Fletcher must be in acceptance of the removal and notified in event of its change so that the site can be removed from the portfolio on the my Website. In cases where the site’s graphic design has been supplied by a third party, the designer will be credited, and the Jay Fletcher credit will state “Site development by Jay Fletcher”.
Communication
We have several different e-mail addresses for different queries. General Enquiries can be made by visiting our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in the A.C.T, Australia ABN 69 699 617 164, registered office 10 Dulverton Street, Amaroo, A.C.T. Australia 2914
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of Australia govern these terms and conditions. By accessing our website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Copyright
All content supplied by the Client will be assumed third party copyright free. Jay Fletcher cannot accept responsibility for any copyright issues arising from improper use of copyrighted images or content.
Standard Media Delivery
In the case of non-responsive design, websites will be designed optimised for 1024 x 768 screen resolution and catering for higher. In the case of responsive design, websites will be designed optimised for the screen resolutions of Australia’s leading mobile handsets and tablets.
No site is guaranteed to be printable without a dedicated printable version of any specific page.
Unless otherwise specified in the project proposal, this Agreement assumes that all text will be provided by the Client in electronic format (text files or Email or MS Word document delivered via email) if Jay Flethcer is to insert web page content. In the case where a Content Management System (CMS) site is produced, Jay Fletcher will insert some of the page content for free, and the Client is to insert the rest, unless a data entry fee is negotiated, as specified in the project proposal. All graphics need to be provided electronically in .gif, .jpg, .png or .tiff format.
Additional (to proposal) expenses may be incurred for corrective work, conversion of media or outside facility charges. The scope of the work will be defined by the project proposal.
The proposal will clearly outline what is to be delivered. If any items are missing, Jay Fletcher needs to be informed prior to signing these terms to enable supply of a new proposal with inclusion of missing items. The project proposal quoted amount will not cover any items that have not been specified or are missing from the proposal at the time of proposal acceptance.
Changes to Client’s business during project timeline which necessitate changes to already created work will incur an extra charge according to time spent at our current hourly rate of $150 per hour excluding GST.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of our site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of our website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Privacy Policy and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © Jay Fletcher 2023 All Rights Reserved
