Terms and conditions
Updated 06 July 2021
Our website terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to endure.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and endure.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that endure.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), endure.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of endure.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
endure.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of endure.com.au.
LINKS TO OTHER WEBSITES
endure.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between endure.com.au and the owners of those websites. endure.com.au takes no responsibility for any of the content found on the linked websites.
endure.com.au’s website may contain information or advertisements provided by third parties for which endure.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, endure.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. endure.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of endure.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. endure.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
endure.com.au may be required, in certain circumstances, to disclose information in good faith and where endure.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of endure.com.au. endure.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then endure.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. endure.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
endure.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and endure.com.au concerning your use and access to endure.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
WEB DESIGN SERVICES
To engage our services, a formal quote must be agreed upon. All proposals, quotes and projects are subject to the client terms included in our Web Design Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.
Any website designs, themes, custom code, images and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.
GRAPHIC DESIGN SERVICES
To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Graphic Design Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.
Any images, graphics, photographs and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.
To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Copywriting Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.
Our website may contain samples of our client work. You are at no time permitted to copy, modify or use in full, all or any part of these materials.
This agreement and this website are subject to the laws of ACT and Australia. If there is a dispute between you and endure.com.au that results in litigation then you must submit to the jurisdiction of the courts of ACT.
Working with us terms and conditions
Our clients tell us they appreciate our ‘no surprises’ approach. We’re up-front about what you can expect from us. These terms and conditions are part of the contract you enter into when you engage Endure Web Studios. Please read them carefully, and let us know if you have any questions.
In these terms and conditions ‘you’ is the client, it’s employees and agents, and ‘us’, ‘our’ or ‘we’ is Endure Web Studios, its employees and agents.
1. Any additional services
When we quote for a project, we want to eliminate ‘dead time’, such as chasing up responses to emails. This time doesn’t benefit you, and is a direct cost for my business. Other web design businesses will just add a large margin to their quote. We prefer to give you maximum visibility and control over your costs, so you only pay for our services that you use.
Any work or services not defined in the work agreement will be costed at my standard rate of $120+GST per hour. This includes:
- Additional face-to-face meetings at your request. There will not be any additional charge for face-to-face meetings that we request.
- Liaison time for making changes to the project scope
- Waiting time where you’re more than 10 minutes late for an appointment
- The scheduled time where you miss an appointment or reschedule with less than 24 hours’ notice
- Liaison time or refamiliarisation time where we don’t receive information from you within the agreed time.
- Liaison time or refamiliarisation time where the project completion date is delayed by more than 1 month (and where we have not directly caused that delay).
- Administration and project management related to any of the above tasks.
How we’ll work with you to keep the project on track.
- We’ll endeavour to deliver all work by the agreed deadline – or before. However, circumstances beyond our control – including major illness or family emergencies – may prevent us from getting work to you on time. We’ll inform you within two business days if any such events happen. We’ll also work with you to minimise the impact on the project delivery.
- Unless we agree otherwise, you’ll provide feedback or information within seven business days.
- We’ll allocate time to work on this project for the periods indicated in the project plan. If we are unable to complete work at these times because we have not received information from you, we will continue the project at the next opportunity. This may affect the overall project delivery time.
- If a response or information from you is delayed by more than 21 business days, we may consider the project complete and invoice you for all work completed up to that date. Unless we’ve agreed otherwise, we’ll cost the work completed using a pro-rata rate against the total project cost.
Please pay on time (we’re a small business and its just nice!).
- Invoices must be paid within 14 calendar days unless you negotiate a different arrangement with us before entering into the contract. We may add a 10% charge for late payment.
- If we decide to get help from a third party organisation to recover a debt, you are also responsible for paying any additional costs involved in recovering that debt, including legal expenses.
4. Intellectual property
We’re creating something valuable for you. This section describes how you gain ownership of the end-product – and how we refer to it in my marketing or training.
- You gain full intellectual property rights in the content when we receive complete final payment. Until then, we retain intellectual property in the version of content that we have designed or built.
- We reserve the right to refer to this project and your business name, and to use your logo and content for promotional or educational purposes.
Keeping your trust – even when the project’s finished.
- If we’ve signed a separate confidentiality agreement with you, then that agreement will apply instead of this part.
- We won’t disclose any information that you indicate is confidential.
- You won’t disclose any information about our pricing structure, or project documents.
6. Exclusion of liability
Part of our ‘no surprises’ approach is covering every scenario – however unlikely.
- We’ll endeavour to make sure that our work doesn’t infringe on any copyright or other right of a third party.
- However, we’re not liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise from our work for this project.
- You are responsible for checking the factual accuracy of the content for this project.
- We take pride in the quality of our work and check it carefully. However, we don’t guarantee that our work is free from errors. You are responsible for final approval.
7. Disputed terms
What happens if this contract’s legality is disputed.
- If any part of this contract is deemed to be unlawful, void or unenforceable, then that part will be severed from this contract. Severing that part won’t affect the validity or enforceability of the rest of this contract.
Keeping in touch when your project is finished
- We may add you to my email list to keep you updated on Endure Web Studios’ work, and to check in with you. You can unsubscribe at any time, and we will not give your email address to anyone else.
9. Saying goodbye
We all know that sometimes business relationships come to an end, we’d like to keep it as friendly as possible.
- We invoice our projects in three amounts, these points allow either party to choose to part a little easier. If you decide you don’t like our designs, you can choose to end the project there without needing to pay any more than your initial payment. This first 30% covers the cost of this design and is non-refundable. You will then have ownership of the design work done to date and can freely use it as you’d like moving forward.
- If either party decides to end the relationship before the website work is completed we will simply be looking for payment for work to that point. We will send a final invoice for the work completed to date. It will be due within 14 days of sending this invoice.
10. Hosting and Maintenance Contracts
- Our hosting and maintenance contracts run for 1 year at a time. Either party is able to choose to not continue to a new contract at the end of the current contract.
- We will let you know two weeks before the end of your contract if we don’t feel we should renew the contract and keep working together, to allow you time to organise new hosting.
- If you decided to not continue to a new contact with us, we ask you to give us 2 weeks notice to allow us time to prepare your files for transfer.
- We will provide all your web files that your new hosting company or developer can use to move your website. Although we manage your site, you own it, and we will give you everything when we finish working together.
- If you’d like us to move your website to a new host, we are happy to help you do that but will charge the time at our hourly rate.
11. Hosting and Maintenance inclusions and exclusions
We aim to make our hosting and maintenance packages both affordable and generous in what we include. The price will increase each year to account for increased costs that we need to pay to provide the service to you. We try our best to find the balance in making sure we can keep our business running successfully while also making it affordable for small businesses. If the cost ever gets too much, please chat to us and we can help you know the options available to manage and host your website yourself.
Our hosting and maintenance package includes:
- Quality Website Hosting with Conetix
- SSL certificate installed and maintained
- Weekly checks for updates for WordPress, themes or plugins.
- Update within 24 hours if a security update is released
- Security monitoring
- Daily backups with offsite storage (storing 30 days)
- Unlimited backup restorations if needed
- Premium plugins such as gravity forms, premium spam filter, hidden CAPTCHA, plus much more
- 2 hours of technical support to be used throughout the year as you need including changes and enhancements
- 10% off any further technical support while in our maintenance program
Our package does not include:
- Major updates: Sometimes WordPress, themes or plugins have major updates which involve a large amount of work to make sure they still work with your theme. We will spend up to 1 hour on fixing any issues that come up with an update, if the fix will take longer than this 1 hour we will contact you so you can decide how you’d like us to proceed. Any additional work will be charged at our usual hourly rate minus your discount.
- Hacking cleanup: While we do our very best to make sure your website does not get hacked, it is always possible and we’re not liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise from our work for this project. If this does happen, we will roll your website back to an update (up to 30 days back) to a date before the hack if it is within that timeframe. If more work is needed to clean the hacked website this time will be charged at our usual hourly rate. We will talk to you about this prior to any work taking place.
- Annual costs for requested plugins: We include a number of general premium plugins in our maintenance package at no extra cost, but if your website requires any special plugins that have an annual cost, you will need to pay for these plugins. These are often charged in US dollars, so the price may vary year to year.
If you have any other questions about what is included or not included, please chat to us so we are both on the same page.