TERMS AND CONDITIONS

Authorisation:
You are engaging Customers Australia as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorise Customers Australia access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

Pricing and Payments:
Once a client of Customers Australia, you authorise Customers Australia to charge the payment method you submitted for all the invoices generated for the services rendered under this ongoing website care plan.

Cancellation:
Cancellation of any monthly recurring service can occur at any time after your first one month (30 days) of service.

In order to cancel your recurring payment or change payment method, simply contact Customers Australia prior to your payment’s due date.

Third-Party or Client Page Modification:
You acknowledge that you or your staff have access to independently edit or update web pages within the WordPress platform.

You also acknowledge that anyone other than the client or its subcontractors who attempt to update the website and damages the design or impairs the ability for the web pages to display or function properly, may result in time to repair the web pages in order to restore the website.

In this event, damages will be assessed at our standard hourly rates with a one-hour minimum. Work to repair the website from third-party modifications is outside of the support time and scope of the ongoing website care plan.

Limitation of Liability
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before engaging in our services.

Although we strive for your website’s optimal performance and security, we did not build the WordPress software or plugins used on the website, nor are we supplying the hosting platform it runs on.

For this reason, Customers Australia does not represent, guarantee, or warrant that the functions contained in these web pages or internet website will be uninterrupted, error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Customers Australia disclaims any liability relating thereto.

To the extent not prohibited by law, in no event will Customers Australia be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if Customers Australia has been advised of the possibility of such damages.

Scope of Services:
The services provided under this agreement are limited to those explicitly stated in the purchased package(s). Any additional services or requests outside the scope of the purchased package(s) will be billed at our standard hourly rates.

Data Protection:
Customers Australia will implement reasonable measures to protect the confidentiality and integrity of client data. Both parties will comply with applicable data protection laws and regulations.

Intellectual Property:
All content, code, and designs created by Customers Australia during the term of this agreement are the property of the client, once all outstanding payments have been made. Customers Australia reserves the right to showcase work created under this agreement in its portfolio.

Service Level Agreement:
Customers Australia will strive to respond to support requests within 24 hours and resolve issues within 72 hours. However, resolution times may vary depending on the complexity of the issue.

Force Majeure:
Neither party shall be liable for any failure or delay in performing their obligations under this agreement if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, governmental orders, or any other force majeure event.

Dispute Resolution:
Any disputes arising under this agreement shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in Western Australia, in accordance with the rules of the Western Australian Dispute Resolution Association (WADRA).

Governing Law:
This agreement shall be governed by and construed in accordance with the laws of Western Australia.

Entire Agreement:
This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements, whether written or oral.

Amendments:
Any amendments or modifications to this agreement must be in writing and signed by both parties.

Notices:
All notices required under this agreement shall be in writing and sent to the addresses provided by the parties.