Terms and Conditions of Sale
Last updated: 4th of May 2022
These sale and service terms and conditions are part of the contract you enter into when you engage Simone Pavils. Please read them through carefully, and get in touch if you have any questions – Telephone: 0437 383 964, Email: email@example.com.
These Terms and Conditions apply to all work provided by: Simone Pavils, trading as: Simone Pavils, ABN: 40 882 626 533.
“You” is the client, its employees and agents.
“We”, “Us” and “Our” is Simone Pavils, its employees and agents.
QUOTES AND PROPOSALS
- All quotes and proposals are valid for thirty days from the submission date
- All quotes include:
- All administration and preparation
- All communication
- Additional fees, at an hourly rate of $165.00, will be charged for any additional services outside of those indicated in this proposal
- Communication with other agents
- Meetings outside of the initial brief, and strategy session or handover session
- Travel time for onsite meetings.
- A non-refundable deposit of 50% of the total amount quoted for search engine optimisation project is required on acceptance of the quote to confirm your project in my calendar
- Where the amount is less than $750.00, full payment is required on acceptance of the quote before work can begin
- The deposit invoice must be paid before any project work can begin.
- When part payment has been made, the final invoice will be issued seven days before the project is due to be completed, and must be paid at the project completion date
- Payment terms are seven days from the date of your invoice
- Payments can be made via bank transfer (preferred) or PayPal
- Any costs additional to the project agreed are in addition to the amount quoted, and will be charged to you as required. These costs will be itemised separately in the invoice
- We reserve the right to charge interest on overdue accounts at a rate of 10% each day for the first twenty-one days overdue and 20% per day thereafter
- If we engage a third-party organisation to recover the debt, you are responsible for paying the additional costs involved, including any legal expenses.
- Payment plans are availableat our discretion for quoted amounts above $1000.00
- Quoted amounts will be split into four equal installments, with the first installment due upon acceptance of the quote, and subsequent installments due monthly from that date
- The project will be split into four stages, and completed over the duration of the payment plan
- All installments must be paid on or before the due date of the invoices issued.
- In the event that you default on scheduled payments all work will be placed on hold, and the payment plan will cease. The full balance owing on the project will be due immediately, and must be paid before any work will resume
- You are responsible for any fees associated with recovering your debt, including any legal expenses
- If a payment plan is paid off before the scheduled end date, there is no guarantee that outstanding work will be completed before the scheduled end date.
- Additional face-to-face meetings (including Zoom meetings) can be added to the project at your request
- Face-to-face meetings will be charged at our hourly rate of $165,and will include any necessary travel time
- Meetings must be cancelled at least 24 hours beforehand, or the full charge of the meeting will be added to your final invoice.
CHANGES IN SCOPE
- Any major modifications to the original project brief during the course of execution will render the provided quotation invalid
- Additional fees/charges may be applied to cover the time and expenses required to complete any new work
- The new quote will need to be approved, and the revised deposit paid, before work can restart.
- We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control – including major illness or family emergencies – may prevent us from getting work to you on time
- We will inform you within two business days if there are any timeframe issues
- Unless otherwise agreed, you will need to provide all information required by the dates specified in the getting started email. We are unable to start your project until all required branding assets, login credentials, graphics and other information have been provided
- If we are unable to complete work because we have not received information from you, we will continue the work at our next opportunity. This may affect your overall timeline
- If at any time during the project we request approval or feedback from you for an aspect of the project, your acceptance will be assumed if there is no reply or feedback within seven business days.
- You are asked to nominate one primary contact for all contact throughout our working relationship
- If you do not communicate with us for thirty days, the project will be deemed closed and any final amount owing will be billed.
- If we have signed a separate confidentiality agreement or Non-Disclosure Agreement with you, that agreement takes precedence of this section of our agreement
- We will not disclose any information that you indicate is confidential
- You agree not to disclose any information about our pricing structure or service documents
- We reserve the right to use the work we do for you for our own promotional use unless we have signed a Non-Disclosure Agreement precluding this
- We may approach you for a testimonial statement after the project is completed to your satisfaction, although provision of the testimonial is not obligatory
- We reserve the right to refer to the project and your business name, and to use your logo, headshot image and content for promotional or educational purposes.
- You may terminate the project at any time via email
- Upon acceptance of the quote, if you terminate the project prior to us commencing work you will be invoiced a fee of $82.50 to cover administration costs
- If you terminate the project when works have been commenced but not yet completed, we will invoice for the total hours of work completed, at a rate of $165.00 per hour
- If you have paid a deposit for works not yet completed, we will refund this amount minus the administration fee and/or fee for any work completed to date at a rate of $165.00 per hour
- We may terminate the job at any time via email
- If we terminate the job, we will invoice for the total stage in progress at the minimum estimated fee.
- We are not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
- Acts of God or Mother Nature
- Power failure
- Equipment failure
- You gain full copyright and intellectual property rights for any work delivered by us when you complete the final payment
- Until final payment is received, we retain the intellectual property rights for all work delivered.
CLAIMS AND LIABILITIES
- We endeavour to ensure that our work doesn’t infringe on any copyright or other right of a third party
- We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained, or resulting from unauthorised access to, or alteration of your transmissions or data
- You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitors’ fees, due to materials included in any work undertaken at your request
- All materials provided by you are assumed to be legal and accurate
- Where applicable, you are responsible for checking the factual accuracy of the content for any project
- We work hard to ensure our work is free from errors, but we don’t offer an error-free guarantee. You are responsible for final approval of any work
- If you wish to make a claim about incorrect performance or breach of these Terms and Conditions, you must send it in writing to us within six months of delivery
- Any imposed liability shall be limited to resupply of information or services.
These Terms and Conditions constitute the entire agreement and understanding of the parties, and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
These Terms and Conditions shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.
If you have any questions or concerns at any time about the terms of sale, please contact us at firstname.lastname@example.org and we will respond within 48 hours.