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Terms and Conditions

Keeping it fare for everyone.

1.0 Terms & Conditions
1.1 These terms are incorporated into all Proposals you enter into with TJM confirmed or signed through email. Instagram, Messaging Platforms or Porposal.

1.2 You agree to use the Services in accordance with these Terms and all applicable laws and regulations.
2.0 Prices
2.1 The total price for the Services, as specified in the Proposal (Price), must be paid in accordance with these Terms and any other terms specified in the Proposal. For website design and graphic design services described in clauses 9 and 10 you will pay an up-front fifty percent (50%) deposit of the Price, payable upon entering into an agreement with TJM confirmed through email or Proposal, and the remaining fifty percent (50%) of the Price will be paid on completion of the Services. For social media services, the Price must be paid within the month the Services are undertaken.

2.2 In the event the scope of the Services are increased or decreased, the Price may be proportionately increased or decreased. Such increase or decrease to the Services and/or Price will be agreed between the parties prior to TJM undertaking the additional Services.

2.3 All Proposals are valid for sixty (60) days only.
3.0 Monthly & Annual Payment Renewals
3.1 You grant TJM permission to invoice you, in accordance with these Terms and any other terms specified in the Proposal

3.2 Where an invoiced amount is not paid on or before its due date for payment, TJM has the right to add 5% interest to the overdue amount, and every month thereafter, until such overdue amount is paid. Any interest must be paid upon demand by TJM.

3.4 Payment is accepted through EFT (Electronic Funds Transfer) to the named Bank Account Name, BSB and Account Number as specified in TJM’s invoices.

3.5 invoice numbers must be referenced on the description of any EFT payments to TJM.
4.0 Liability
4.1 TJM’s total aggregate liability arising out of or in connection with these Services and/or Terms will be capped at the Price.

4.2. Neither party will be liable to the other party for any special, indirect or consequential loss arising out of or in connection with the Services and/or these Terms.
5.0 Suspension or Cancellation of Services

5.1 You agree that TJM reserve the right to suspend or cancel any part or all of the Services if:

  1. You do not pay any invoices within sixty (60) days of their due date.
  2. You breach any obligation in these Terms.
  3. TJM, acting reasonably, believe you are involved in illegal and/or fraudulent activity.
  4. TJM, acting reasonably, believe the use of the Services may cause damage or loss to TJM or any of TJM’s third party suppliers.
  5. You fail to provide the required content, and by the required date, specified in the Proposal for TJM to complete the Services.

5.2 If the Services are cancelled or suspended under clause 5.1:

  1. You must pay any owing invoices within the earlier of thirty (30) days from the date the Services are cancelled and the due date for that invoice.
  2. TJM may delete all information and data held in relation to the Services after ninety (90) days from the date the Services are cancelled.
  3. You release TJM from any and all claim(s) arising from cancellation of the Services under these Terms. For the avoidance of doubt, such cancellation does not limit either party’s rights, caused by a breach of these Terms, or in relation to any claims either party has against the other before the date the Services are cancelled.

5.3 Either party may cancel the Services by providing at least fourteen (14) days written notice. If you have not provided such notice of cancellation of the Services prior to any renewal dates specific in the Proposal then TJM has the right to invoice you for the renewing amount.

5.4 If you choose to abandon the development of a website and/or any Services prior to completion, TJM will not return the initial 50% deposit of the Price paid to TJM specified in clause 2.1. Any associated remaining fees may be requested to be paid depending on the status of completion in TJM’s reasonable opinion.

6.0 Support
6.1 TJM warrants that the Services will be in accordance with these Terms and/or the Proposal for a period of sixty (60) days from completion of the Services (Warranty Period). During the Warranty Period, if the Services are proven to be defective, TJM shall repair such defective Services at its sole cost. For the avoidance of doubt, TJM will not be liable for any defective Services in the event a third party software provider or yourself caused or contributed to such defect.
7.0 Client Supplied Materials & Content
7.1 You will supply content, images and any other relevant information unless otherwise stated or created by TJM. TJM will not be held responsible for plagiarism or copywriting text or imagery.

7.2 You agree to indemnify TJM against any claims brought against TJM by any third party for intellectual property infringement arising out of or in connection with the Services.

7.3 The parties will agree on a timeline where content and imagery, as described in clause 7.1, will be provided to TJM by a specific date to enable TJM to complete the Services by the completion date specified in the Proposal.
8.0 Confidentiality
8.1 Any private passwords or access provided to TJM will be kept strictly confidential.

8.2 TJM will not be liable for any loss you incur if any passwords are leaked by an external party or third party applications.

8.3 Each party agrees to keep all information provided to it in connection with the Services strictly confidential and shall not disclose any information to any third party without the written consent of the provider of such confidential information.
9.0 Web Design & Hosting
9.1 Websites hosted by TJM are completely controlled by TJM and you can only move to a different website hosting provider once payment is made to TJM in full and you provide TJM 30 days written notice. TJM can assist with providing digital backups of a complete website for a minor fee or provide the access details for you to arrange any digital backups.

9.2 TJM is not liable for updating plugins, WordPress, CMS Updates or PHP for any website controlled by TJM’s servers.

9.3 Any third party website applications, website plugins or website related subscriptions will not be included in our quotations and will be additionally charged.

9.4 Ongoing website support is provided by TJM for all website hosting services, unless you have made manual edits in the platform or CMS, and provided your website admin login details to a third party. If this is the case then all updates, fixes, repairs and changes may incur additional charges.

9.5 In the event you require a website backup, TJM will charge for the website files. TJM has regular backups for websites that are hosted by TJM. If your website goes offline and/or has errors and it’s not under a TJM website hosting plan then TJM will not be liable for assisting to bring your website back online.

9.6 If website admin access is provided to you, you are completely liable for any issues, bugs, errors and fixes that occur from you even if TJM is hosting your website. If TJM must make any changes from your actions there will be our hourly rate charge.
10.0 Graphic Design
10.1 Graphic design may include, but is not limited to logo design, poster design, business card design and/or any graphic related.

10.2 Any designs created by TJM have permission to be publicly advertised through our www.tristanjudmedia website and social media pages (LinkedIn, Twitter, TikTok, Facebook and/or Instagram).

10.3 On completion of a graphic design project, you rightfully own all designs created and TJM will deliver the completed files of a project in the requested and agreed formats (file types: .AI, .PSD or .PDF). Any further changes requested by TJM after a design project is complete will incur additional charges.
11.0 Social Media Management
11.1 Entering into a social media agreement service with TJM gives TJM permission to create and post social media content on behalf of you.

11.2 TJM will not be held accountable for comments, messages or feedback received through social media management on Facebook and/or Instagram.

11.3 You agree to grant complete access to all social media platforms necessary for TJM to complete the Services.

11.4 You approve TJM to openly ‘Like’, ‘Comment’ and ‘Follow’ public and private users on social media platforms.
12.0 Paid Advertising, Google Adwords
12.1 TJM is not liable for the success or failure of your paid advertising.

12.2 TJM will not be held accountable for comments, message or feedback received through social media.

12.3 You are liable for all ad spend and creative creation unless stated in writting for your level of service.
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