TERMS AND CONDITIONS

These terms and conditions (Terms) apply to all agreements and contracts with J.Tech – Web Design and all services provided by J.Tech – Web Design ABN 91 480 369 303. The services include, but are not limited to, website design, social media marketing, products and services sold, website hosting, website optimisation services, and branding services as described in our proposal, quote, or invoice. By using our services and website, you agree to be legally bound by these Terms.

Acceptance

No signature is required to accept these Terms. If a client accepts a proposal, quote, or invoice, they will be deemed to have accepted these Terms in full. These Terms and Conditions replace all previous understandings, representations, or agreements. The client’s signature, payment of an invoice, or payment of an advance fee constitutes an acceptance and agreement of these Terms and Conditions. Please read these Terms carefully, as any purchase or use of our services implies that you have read and accepted to be legally bound by these terms and conditions.

Website

By accessing, browsing, and using the Website (jtechwebdesign.com.au), you signify that you have understood, read, and agree to be legally bound by everything in these Terms and Conditions and our Privacy Policy. These Terms and Conditions may change over time without notice to you. You may not use our Services or our Website if you disagree with these Terms. You will also be subject to our terms, conditions, guidelines, and agreements applicable to any future J.Tech – Web Design services you use.

The Website is designed to provide general information on web design and digital marketing, facilitate access to our Services, and provide you with resources intended to complement the provided information. While J.Tech – Web Design strives to ensure that the content on this Website is up-to-date and accurate, it does not represent or guarantee that the content on this Website or any linked website is correct, current, complete, suitable, reliable, or available. You should independently evaluate and verify the reliability, currency, accuracy, and completeness of the information and its suitability for your own circumstances before you rely on it.

You access this Website at your own risk. J.Tech – Web Design strives to keep this Website available and functioning correctly. It’s possible that your ability to access this Website may be delayed or interrupted or that your device becomes exposed to malware, viruses, interception, or other interference. We recommend that you use up-to-date antivirus and security software appropriate for your device to ensure that communication between it and this Website does not expose it to any harmful interference. We don’t accept responsibility for any loss or interference to your device concerning your use of this Website or any linked Website.

You are responsible for ensuring that your use of and access to this Website is lawful and does not infringe on any intellectual property rights. You must not take any action that could overburden, interfere or damage this Website or any other person’s use of this Website. You should not use any robots, data mining, or other tools to automatically or systematically collect data from this Website or even in relation to this Website. You should not use this Website to obtain any information about other users of this Website, nor should you use it to transmit malware through this Website. J.Tech – Web Design does not accept responsibility for any unauthorised use, access, or other actions.

Advice

The information given to you through this Website and our Services does not constitute professional accounting, investment, legal, tax, real estate, medical, financial, psychological, or other professional advice and is general. It does not take into account your circumstances, nor does it verify the truthfulness nor accuracy of any information provided by third parties. Therefore, before taking any action based on the information you obtain from this Website or our Services, you should seek professional advice that takes into account your specific circumstances.

We cannot guarantee the accuracy or completeness of any information provided on this Website or through our Services, nor can we guarantee that our Services will be available at all times. We will not be liable for any loss or damage arising from your use of this Website or our Services, including any loss or damage caused by viruses or other harmful components that may infect your computer equipment, software, data or other property.

Furthermore, we may provide links to third-party websites or resources for your convenience only. We do not endorse and are not responsible for any content, advertising, products, services, or other materials on or available from such websites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

Fees, Deposits & Refunds

J.Tech – Web Design charges for services as specified in the project quotation, proposal, or invoice sent to the Client via email. Unless otherwise agreed with the Client, all website design, development, and creation services require an advance payment of at least 50% of the total project quotation before work begins. This deposit also applies to specific projects or services as mentioned. The remaining 50% of the project total is due when the work is completed or otherwise arranged, and once full payment is made, your site will be made live. We reserve the right not to commence any work until the requested deposit has been paid in full.

The 50% deposit is refundable only if we have not started the work, the Client requests a refund by email within two weeks of the deposit, and the request for a refund is not merely a result of a change of mind. We may provide a full refund of the deposit if we cannot fulfill our obligations to the Client due to unforeseen circumstances from this Agreement or at our discretion. Work undertaken on the Client’s project may include, but is not limited to; contact between the Client and a Proprietor and/or website designer and/or staff from J.Tech – Web Design, the commencement of wireframes/prototypes by J.Tech – Web Design for the project, the development of a design concept(s) by J.Tech – Web Design for the project, the sourcing of imagery for the project, time spent on strategy for the Website, web hosting setup for the project, the allocation of future resources in response to the project sign-off, and any time spent building and/or coding the Website. Expenses incurred may include purchasing stock imagery, purchasing third-party technology products and/or services for the project, and other reasonable costs incurred in building the Website.

The Client agrees that we reserve the right to cancel or suspend any or all of the Services if the Client has any outstanding invoices or accounts or we deem any other reason satisfactory to protect us, our suppliers, and/or our staff. Unless otherwise noted, all our quotes and invoices are in Australian Dollars, excluding GST. J.Tech – Web Design may issue invoices to the Client monthly, upon our discretion, completion of a relevant item of work product and/or completion of the milestones outlined. All invoices issued by us are payable within seven days of the invoice or as indicated by the Due Date specified on the invoice. If payment is not received within this timeframe, J.Tech – Web Design can and may issue reminder notices by way of email communication to the Client.

Once invoices are seven or more days overdue, J.Tech – Web Design may suspend or take action to redact any hosting, domain, email, or other services related to the Client’s customer account without notice. Once invoices are 30 or more days overdue, J.Tech – Web Design may pass on the details of the unpaid invoices to debt collectors who may act on our behalf. The invoice details passed on will be amended to include any relevant debt collector fees determined by our debt collection agency. These fees will ultimately be added to the outstanding amount on the Client’s account and be requested in full by our debt collector. We will provide no refunds to the Client besides our obligations under Australian Consumer Law and/or our discretion.

Where the option is given to the Client, payment for our services may be made by way of Electronic funds transfer into our nominated bank account, international money transfer service or card payment. The Client acknowledges and agrees that any payment made through a third-party payment gateway provider will be subject to the terms and conditions of the provider. We shall not be liable for any loss or damage incurred by the Client as a result of any error, delay, or failure to process a payment made through a third-party payment gateway provider.

The Client agrees to provide accurate and complete payment information, including but not limited to the Client’s name, credit card number, expiration date, billing address, and security code. The Client acknowledges and agrees that we may store and use such information as necessary to process payments and comply with applicable laws and regulations.

The Client acknowledges and agrees that we may charge the Client’s credit card for any fees or charges related to the Services, including but not limited to subscription fees, transaction fees, and any other applicable fees. The Client agrees to pay all fees and charges promptly and in full.

In the event that a payment is declined or reversed by the payment gateway provider, we reserve the right to suspend or terminate the Services until such payment is made in full. We shall not be liable for any loss or damage incurred by the Client as a result of any suspension or termination of the Services due to a declined or reversed payment.

The Client agrees to notify us promptly of any changes to their payment information, including but not limited to changes to their credit card number, expiration date, billing address, or security code. The Client acknowledges and agrees that we may suspend or terminate the Services if the Client’s payment information is inaccurate, incomplete, or invalid.

In the event of any dispute related to payments or fees, the Client agrees to notify us promptly and in writing. We shall make reasonable efforts to resolve any such dispute in good faith and in a timely manner.

Third-Party Disclaimer

Our website may include links to other websites operated by third parties, over which we have no control, and for which we assume no responsibility for the content. We cannot guarantee the functionality of these links or the availability of the linked websites. We do not endorse or warrant the accuracy or reliability of any information, goods, services, or materials contained in or accessible through these third-party websites. We do not authorise any violation of intellectual property rights through these links. We may receive affiliate commissions when you purchase products or services through the links provided on our website or via email.

We may use third-party services to operate our services, including hosting providers, website plugin providers, subcontractors, associates, or other companies. We are not liable for any changes made to the client’s pages by third parties, including modifications, additions, or deletions, after installation. We will not be responsible for any damages resulting from the purchase or use of any goods, services, resources, content, or other transactions connected with third-party websites. Before engaging in any transaction, please review the third party’s policies and practices carefully and understand them. Any concerns or questions about third-party products should be directed to the third party.

We may provide access to third-party tools or integrations over which we have no control or input. You agree and acknowledge that we provide access to such tools without any representation, condition, warranty, or endorsement of any kind. We are not liable for any damages arising from your use of third-party tools. Your use of the tools offered through the site is at your discretion and risk. Any new services or features we may choose to provide through the website in the future will also be subject to these terms and conditions.

Copyright

This website may contain links to other websites over which we have no control and for which we assume no responsibility for the content. These links do not indicate approval of the content on those websites, or any related person, organisation, product, service, or application. We cannot guarantee the functionality of these links or the availability of the linked websites. We do not endorse or warrant the accuracy or reliability of any information, goods, services, or materials contained in or accessible through these third-party websites. We do not authorise any violation of intellectual property rights through these links.

Delivery & Credit

Unless otherwise stated in the project quotation or invoice, we assume that the client will provide any text in electronic format, and all images and other graphics will be provided in high-quality print suitable for scanning or electronically in the requested formats. While we will make every reasonable attempt to return any printed material or images provided for use in creating the client’s website, we cannot guarantee their return. We reserve the right to include a link to our website in either small type or a small image at the bottom of the client’s website. If the client requests the removal of the credit, we may remove it. The client also agrees that the website developed for the client or work performed could be presented in our portfolio or showcased online or in different media.

Access Requirements and Domains

We may request specific information from clients, such as login details of hosting providers, domain registrars, email clients, email accounts, or other services, to perform specific works on their behalf. The information provided will be kept confidential and only used for us to perform our services effectively. We may purchase domain names on behalf of the client, but the renewal and payment of those domain names are the client’s responsibility. We are not responsible for the cancellation, late payment, or loss of the domain.

Feedback, Submissions, and Intellectual Property

Unless expressly stated otherwise, any information submitted by you through this website shall be deemed non-confidential and non-proprietary. You must have the legal right to submit the information. You agree that you will not submit any information unless you are fully authorised to do so.

If you choose to submit any feedback, ideas, or suggestions to us regarding our products, services, or website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name that you submit in connection with such content.

By submitting any information or content to us, you represent and warrant that you have all necessary rights, licenses, and permissions to do so, and that such information or content does not infringe upon the rights of any third party. You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, agents, and employees from any claims or damages arising out of any content or information you submit through the website.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your intellectual property rights have been infringed upon, please contact us immediately with the necessary information to investigate and resolve the issue.

Client Review and Variations

J.Tech – Web Design may provide the Client with an opportunity to review the content and appearance of the Website during the design phase and also once the Website is completed. At the completion of the project, such materials will be deemed accepted and approved unless the Client notifies J.Tech – Web Design within seven days of the materials being made available to the Client. Once endorsed or deemed approved, work cannot subsequently be rejected, the work will be considered complete, and the 50% balance of the project price will become due. Any revision requests, updates, corrections, additions, or variations must be effectively communicated to J.Tech – Web Design. The Client understands that any revision requests, updates, modifications, additions, or variations may incur an hourly billable or project charge completely at J.Tech – Web Design’s sole discretion. We provide up to 5 revisions for the service we provide whether it is website design, branding or another.

The total project quote or rate we provide is based on a reasonable average or specified number of revisions per design item and the associated number of billable hours. If the Client requests drafts or revisions that go beyond the scope of the original quote or rate, we reserve the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost. Our website development phase is flexible and allows certain variations to the original scope, such as changing text or images. However, any significant deviation from the original scope agreed upon, which requires design layout changes or implementation of third-party infrastructure, automation, or functionality not covered in the initial quote, will be billed.

Content and Research

J.Tech – Web Design will install and publicly post or supply the Client’s Website on its servers, the servers of its choosing, or its hosting provider’s servers. We’ll identify your Website’s purpose and clarify its scope and functionality with you by phone, in person, via video call, or through other forms. It would be best if you quickly supplied all your branding assets, specified fonts, and chosen colour palette for us to continue the work without delay. Once we clarify the site’s desired look, we are ready to commence the build.

You may request images, fonts, features, layout, and specific colour changes. Be aware that some aspects of the Website design may not be able to be modified due to best practices, responsive protocols we have to follow, and also due to the Website framework and structure. Should you require additional web design features which are not part of your quoted Website package, we may be able to add these at an additional charge. If you request excessive revisions or change your mind, J.Tech – Web Design may apply additional charges to accommodate our time. The Client agrees to reimburse J.Tech – Web Design for any additional expenses necessary to complete the work, such as the purchase of special fonts, stock photography, plugins, templates, or other materials.

While we can build your site with place-holder text and images, you are responsible for supplying all relevant text/images/videos and/or any other information required by us to complete the work unless otherwise arranged. Where there is any delay in supplying these materials to us, which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, which prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed that are not covered by the 50% deposit. If progress cannot be made with your project due to the fact that we have not been given the required information within the agreed time frame and are delayed, we have the right to impose a surcharge of up to 5%.

Ecommerce

You are responsible for complying with all applicable e-commerce laws. To the extent permitted by law, you agree to indemnify and hold harmless J.Tech – Web Design from any claim, penalty, tax, tariff, loss, or damage arising from your or your client’s use of internet electronic commerce. We are not responsible for any loss or liability incurred by you or your customers during or after the construction of the website, including product failure, damage, personal injury, or any other expenses. J.Tech – Web Design is not liable for any loss of revenue, profit, business opportunities, goodwill, anticipated savings, indirect or consequential loss, or punitive damages arising from your e-commerce website or the sale of any product or service online.

Search Engine Optimisation (SEO)

J.Tech – Web Design will optimize your website according to industry best practices. You understand and agree that SEO does not guarantee results, which can vary based on your website history, industry, and other factors. You agree to release us, any employee, owner, or proprietor of J.Tech – Web Design from any liability for costs, damages, or loss of business due to any incidents or issues relating to any search engine’s actions. If you alter your SEO keywords after initial selection, we have the right to charge you additional fees, provided that we notify you of the extra costs before commencing any such work.

Service Emails and Subcontracting

The Client agrees to receive Service, Marketing, and Promotional emails from J.Tech – Web Design to the email address registered to their account. Emails from J.Tech – Web Design regarding services such as invoicing and other notices should always be read by the Client as they will always contain important information. J.Tech – Web Design may use any person, company, or firm as a subcontractor for the development or provision of any item under any original specification or other work produced by J.Tech – Web Design for the Customer.

Indemnity

All J.Tech – Web Design services may be used for lawful purposes only. You agree to indemnify, hold us, our proprietors, employees, consultants, shareholders, agents, subcontractors, and other representatives harmless against any action, claim, loss, demand, liability, or cost that occurs or results from the Website and Services, including the sale of any product or service via your website.

Exclusion of Liability

You have rights under consumer protection legislation that applies to you, such as the Australian Consumer Law, which cannot be excluded, limited, or modified by these terms. Nothing in the Terms and Conditions limits or excludes any warranties, guarantees, representations, or conditions implied or even imposed by law, including the Australian Consumer Law (or any liability under them), which may not be limited or excluded by law. If you’re a Consumer under the Australian Consumer Law, J.Tech – Web Design limits all its indirect and direct liability, including negligence to the Consumer Guarantees under the Australian Consumer Law. However, suppose you’re not a Consumer under the Australian Consumer Law. In that case, you agree that J.Tech – Web Design has no indirect or direct liability, including negligence to you related to your use of our Website and Services.

This exclusion of liability includes and is not limited to direct loss, compensatory damages, consequential or indirect loss, loss of data, loss of programs, loss of income, corruption of data, loss of profit, loss of use, loss of financial opportunity, loss of anticipated savings, loss of business, loss of reputation, damage to property loss of property, and third-party claims. In addition, where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, our liability to you is limited to:

• Regarding goods, the payment of the cost of repairing or replacing the goods or the repair or replacement of the goods.
• Regarding services, the payment of the cost of resupplying the services or the resupply of the services.

To the maximum extent permitted by law, J.Tech – Web Design, our proprietors, employees, consultants, shareholders, agents, and other representatives:

• Exclude liability (including any liability for negligence) for any inaccuracy, unreliability, lack of currency, incompleteness, unsuitability, and/or unavailability of the content.
• Damage or loss caused by error or delay, whether the result of negligence or other cause in the production or development of the Website or service;
• Damage or loss to clients’ photos or images supplied for the site. Immaterial to whether the loss or damage results from otherwise or negligence.

The entire liability of J.Tech – Web Design to the Client in respect of any claim or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has occurred.

Severability

If any of these terms offend any law applicable to it in a jurisdiction and is, as a consequence, invalid, illegal, or unenforceable in that jurisdiction, then:

• Where the offending term can be read down to give it an enforceable and valid operation of a partial nature, it must be read down to whichever extent necessary to achieve that result; and
• In any other case, the offending term must be severed from other terms for that jurisdiction. In this event, the remaining terms will operate as if the severed term had initially not been included.

In any case of dispute arising out of or in relation to the Website or our Services, you agree that the venue for resolving any dispute shall be in the courts of Western Australia and the venue shall be Perth, Australia.

Termination

We may change or discontinue any service, aspect, or feature of the Business and Website at any time, including, but not limited to, availability, content, and equipment needed for access or use without notice. Further, at our sole discretion, we reserve the right to restrict, suspend, or terminate these Terms and your access to all or any part of our Website or Services for any reason and at any time without prior notice to you and any liability. Suppose you agree to provide us with the requested information and details necessary and subsequently fail to do within a week of the commencement of the project. In that case, we have the right to terminate the project, and the balance will become payable immediately. Termination of services by the Client should be requested in a written notice. Email or phone requests for termination of services can be considered at our discretion.