Web Design: Byron Bay, Lismore, Gold Coast. Professional Website Design, eCommerce / online stores, Mobile friendly web design, Graphic Design, Logo Design and website SEO in Byron Bay, Lismore, Gold Coast, northern rivers, far north coast NSW and Australia wide.

This Agreement shall commence upon the acceptance of quote (billed) or online order placement and shall remain effective until the Services are completed and the Final Deliverables and the Final Art are delivered.
This Agreement may be terminated at any time by either Party effective immediately upon notice, or the mutual agreement of the Parties, or if any Party:
(a) Becomes insolvent, files a petition in bankruptcy, or makes an assignment for the benefit of its creditors; or,
(b) Breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 20 days from receipt of written notice of such breach.
Upon expiration or termination of this Agreement:
(a) Each Party shall return or, at the disclosing Party’s request, destroy the Confidential Information of the other Party; and,
(b) Other than as provided herein, all rights and obligations of each Party under this Agreement, exclusive of the Services, shall survive.In addition to terms and conditions quoted in proposals. These Terms of Service govern Your access to and use of JRGD's services.

Table Of Contents:

 

1. DEFINITIONS

In this document, the following words have these meanings:

  • "You", "Your", "Customer", "Client", "Member(s)", or "User(s)" means a "Subscriber" to the Service, or any person who accesses the Service using the subscriber’s access details;
  • "Service(s)" means any product(s) or services(s) the Customer has ordered for use.
  • "JRGD", "We", "Us", "Our" means Justine Reilly Graphic Designer (ABN 69 398 577 008).
  • "ToS" means Terms of Service.
  • "AUP" means Acceptable Use Policy.
  • "SLA" means Service Level Agreement.
  • "Agreement(s)" means "ToS", "AUP", "SLA" and "Privacy Policy", and means the entire content of this document, the Proposal document(s) (if any), Schedule A, and Schedule B, together with any other Supplement, Exhibits, or additional Schedules as may be attached hereto and incorporated herein by reference.
  • “Client Content” means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.
  • “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian Copyright Law.
  • “Deliverables” means the services and work product, as mutually agreed upon by Client and JRGD, to be delivered by JRGD to Client, in the form and media specified in Schedule
  •  “Designer Tools” means all design tools developed and/or utilised by JRGD in performing the Services, including, without limitation, pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions (whether or not patentable), and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
  • “Final Art” means all creative content developed or created by JRGD, or commissioned by JRGD, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including, but not limited to, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and JRGD’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials, and as approved and accepted by Client.
  • “Final Deliverables” means the final versions of Deliverables provided by JRGD and approved and accepted by Client. “Preliminary Works” means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents, developed by JRGD and which may or may not be shown and or delivered to Client for consideration.“Project” means the scope and purpose of Client’s identified usage of the work product.
  • “Services” (or “JRGD’s Services”) means all services and the work product to be provided to Client by JRGD as described and otherwise further defined in the Deliverables.
  • “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including, but not limited to, stock photography or stock illustrations.
  • “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used to designate the origin or source of goods or services.
  • "Members Area" or "Client Area" means our online portal to manage all Services and not limited to the members domain name(s), web hosting, dedicated servers, and security certificates, direct access to the JRGD Client Area: https://www.jrgdwebdesign.com.au/client/
  • "Website" means www.jrgdwebdesign.com.au.

2. GENERAL

These terms and conditions of Service (collectively, with JRGD's "Privacy Policy", "Service Level Agreement" or "Acceptable Use Policy") govern Your use of the Website and the Services, features, content or applications operated by JRGD (together with the Website, the "Services"), and provided to the Subscriber.

Please read these Terms of Service carefully before using the Services. If You do not agree to these terms of service, You must not use the Services and You should exit the website and stop use of the services immediately.

These Terms of Service apply to all User's of the Services, including without limitation any sub-users of User's Service. Using the Services in any manner constitutes Your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to You.

In purchasing our Services and entering into this agreement, You warrant that You are no legal impediment from doing so and that this agreement will be legally enforceable against You in accordance with its terms.

JRGD reserves the right, at any time and from time to time, to amend or to modify these Agreements without prior notice to You, provided that if any such alterations constitute a material change to these Terms of Service, JRGD will notify User's listed Members Area email address. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, You agree to be bound by such amended or modified Terms of Service. For this reason, we encourage You to review the Terms of Service whenever You use the Services. If You do not agree to any change to these Terms of Services, then You must immediately stop using the Services.

JRGD acknowledges that our services must:

  • Be provided with acceptable care and skill or technical knowledge;
  • Be done whilst taking all necessary steps to avoid loss and damage;
  • Be fit for the purpose or be in the form agreed to;
  • Be delivered within a reasonable time if a specific delivery date has not been agreed to;
  • Abide by the aforementioned terms if engaged by the Client to commence works based on this quote.

The Client acknowledges that they must:

  • Provide JRGD with a single point of contact for all instructions;
  • Provide clear instructions of their wishes and parameters for the project prior to the commencement of works;
  • Provide all relevant and necessary log-in information and other resources as required for the completion of works;
  • Provide timely feedback and constructive criticism where necessary;
  • Respect the professional integrity of JRGD;
  • Not instruct JRGD or its agents to intentionally breach Australian or International law (ie. Copyright law);
  • To pay outstanding invoices in the timeframe listed on the invoice;
  • Abide by the aforementioned terms if they engage JRGD to commence work based on this quote.
  • Client acknowledges that they shall be responsible for performing the following in a reasonable and timely manner:
    (a) Coordination of any decision-making with parties other than the JRGD;
    (b) Provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation; and,
    (c) Final proofreading pursuant to timing and acceptance listed below.

INTELLECTUAL PROPERTY PROVISIONS

Client Content. Client Content, including all pre-existing Trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection therewith. Client hereby grants to JRGD a nonexclusive, nontransferable license to use, reproduce, and modify the Client Content solely in connection with JRGD’s performance of the JRGD’s Services and the production of the Deliverables.

 Third Party Materials. All Third Party Materials are the exclusive property of their respective owners. JRGD shall inform Client of all Third Party Materials that may be required to perform the Design Services or otherwise integrated into the Final Art. Under such circumstances, JRGD shall inform Client of any need to license.

Assignment of Copyrights. Upon completion of the Services and conditioned upon full payment of all fees, costs and out-of-pocket expenses due, JRGD shall assign to Client all ownership rights, including any copyrights, in and to any artworks or designs comprising the works created by JRGD as part of the Final Art and Final Deliverables for use by Client. JRGD shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence all such assignments of intellectual property.

Assignment of Final Art. Upon completion of the Design Services, and subject to full payment of all fees, costs and expenses due, JRGD hereby assigns to Client all right, title and interest, including without limitation, copyright and other intellectual property rights, in and to the Final Deliverables and the Final Art. JRGD agrees to reasonably cooperate with Client and shall execute any additional documents reasonably necessary to evidence such assignment.

CONCEPTS, MOCKUPS AND VISUAL DESIGNS

When applicable, JRGD creates ‘look-and-feel’ designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. JRGD creates designs iteratively and uses predominantly HTML and CSS. Visuals may be used to indicate a creative direction (colour, texture and typography). Client will have plenty of opportunities to review work and provide feedback. JRGD will either share a Dropbox folder or staging website link with Client and will maintain regular contact.

TIMING AND ACCEPTANCE

Timing.
JRGD shall prioritise performance of the Services as may be necessary or as agreed upon by the Parties, and will undertake commercially reasonable efforts to perform the Services. Client agrees to review Deliverables within the time identified for such reviews and to promptly either,

(i) approve and accept the Deliverables in writing (which will then become the Final Deliverables) or
(ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to JRGD.

Acceptance.
Client, within 7 business days of receipt of each Deliverable, shall notify JRGD, in writing, of any failure of such Deliverable to comply with the specifications as agreed upon by the Parties, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and JRGD shall undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client within said stated time period, the Deliverable shall be deemed accepted.

Recognition
JRGD retains the right to reproduce, publish and display the Final Deliverables in JRGD’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Final Deliverables in connection with such uses. Either Party, subject to the other’s written approval, may include a link to the other Party’s website.

CONFIDENTIAL INFORMATION

Each Party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other Party, including, but not limited to, Preliminary Works (“Confidential Information”). Each Party, its agents and employees shall hold and maintain in strictest confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations pursuant to this Agreement, except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

RELATIONSHIP OF THE PARTIES

 Independent Contractor. JRGD is an independent contractor, not an employee of Client or any company affiliated with Client. JRGD shall provide the Services under the general direction of Client, but JRGD shall determine the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture, and neither Party is authorised to act as agent or bind the other Party, except as expressly stated in this Agreement. JRGD and the Deliverables prepared by JRGD shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the Parties and the various terms and conditions of this Agreement.

No Exclusivity. The Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by JRGD, and JRGD shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by JRGD.

 Third Party HostingAll website design & web maintenance products listed on this website comprise a hosted solution with JRGD, including all your maintenance, site security, content updates and number of changes included (see specific package for details). Note these products are subscription based on the JRGD network and there is no cpanel access or email hosting.

Alternatively, should it be deemed necessary to have your site hosted on another third party server, a different pricing structure applies, and we will send you a proposal including scope of works and project quote. If approved, the website will be developed on JRGD servers to the fulfillment of the scope of works set out in quotation provided. In this case, site would be tested and signed off on JRGD servers by the client and delivered as a full site backup zipped file (cpanel backup) and dispatched to the client for supply to their third party hosting technical department.

Should any unforseen technical issues arise in the migration process or further development work is required after sign off by client, or additional technical consultation is required post-dispatch, these services are chargeable at the standard rate of $120+gst per hour. JRGD can provide no guarantee that site functionality will not be compromised on a third party server and upon website handover JRGD takes no responsibility for continuity of service, site backup or ongoing website maintenance.
By accepting your quote or placing an order, you agree to these conditions.

CHANGES AND REVISIONS

JRGD understands from experience that the scope of work set in fixed-price contracts can sometimes change as Client’s early ideas are refined or modified. JRGD does not want to limit the Client’s ability to change their mind. The costs outlined in Schedule B are based on the number of hours that JRGD estimates are needed to accomplish scope of works noted in Schedule A.

If Client requires a change in the functionality listed in Schedule A or anything new to be added, JRGD will be flexible by trying to action it as part of the initial scope depending on the amount of hours it will take. If JRGD deems the change will take more time than what is available within the initial estimate, JRGD will provide a separate quote for those additional hours.

Additional charges will be incurred for any author’s corrections/changes (type amendments, additional logo development, HTML editing, design changes and any associated programming, photo-editing of images, flash editing and associated programming, changes to layout, repagination, or production of pdf files) not included in the scope of works at an hourly rate of $120 plus gst.

Notification will be made prior to corrections taking place.

All copy + images to be supplied electronically to: service@jrgd.com.au

Image resolution for printed material recommended 300dpi, for online material 100dpi (higher for images requiring enlargement). Any courier charges will be additional and included on final invoice.

All content is to be checked by the client prior to artwork approval/content upload to server. Design/printing/web content development will not commence until an approval from is received, complete with signature by the client.

3. SEVERABILITY

If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.

4. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES

  • (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
  • (II) FOR ANY NON-RENEWAL OF THE SERVICES
  • (III) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION),
  • (IV) IN CONNECTION WITH OUR ANTI-SPAM OR VIRUS FILTERS, OR
  • (V) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF JRGD HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
  • YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT JRGD WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST JRGD ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE:
  • (A) IN THE CASE OF A CONSUMER ABLE TO RELY UPON THE AUSTRALIAN CONSUMER LAW OR;
  • (B) IN ALL OTHER CASES, YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

5. WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • (i) which you gain access to the Services;
  • (ii) what Content you access via the Services; or
  • (iii) how you may interpret or use the Content.

JRGD does not warrant that the provided services will meet the customer's expectations or requirements. The entire risk as to the quality and performance is with customer. Except as otherwise specified in this agreement, ron piper provides its services "as is" and without warranty of any kind. The parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party's computing and distribution system. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

To the maximum extent permitted by law, you release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:

  • (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
  • (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
  • (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
  • (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

IF ANY LEGISLATION, SUCH AS THE AUSTRALIAN CONSUMER LAW, IMPLIES IN THIS AGREEMENT OR OTHERWISE PRESCRIBES ANY CONDITION, GUARANTEE (INCLUDING CONSUMER GUARANTEES) OR WARRANTY WHICH CANNOT BE EXCLUDED OR MODIFIED, THEN THAT CONDITION, GUARANTEE OR WARRANTY IS DEEMED TO BE INCLUDED IN THIS AGREEMENT. HOWEVER, TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF SUCH STATUTORY CONDITION, GUARANTEE OR WARRANTY IS LIMITED AT OUR OPTION TO ANY ONE OR MORE OF THE FOLLOWING:

  • (A) IN THE CASE OF GOODS – THE REPAIR OF THE GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS OR TO THE PAYMENT OF THE COSTS OF REPAIR, REPLACEMENT OR SUPPLY OF EQUIVALENT GOODS; AND
  • (B) IN THE CASE OF ADVICE, RECOMMENDATIONS, INFORMATION OR SERVICES, BY SUPPLYING THE ADVICE, RECOMMENDATIONS, INFORMATION OR SERVICES AGAIN, OR BY PAYING THE COST OF SUPPLYING THE ADVICE, RECOMMENDATIONS, INFORMATION OR SERVICES AGAIN.

6. INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to Your (or any third party using Your Account or identity in the Services) use or misuse of, or access to, the Services, Content, or otherwise from Your User Content, violation of these Terms of Service or of any law, or infringement of any intellectual property or other right of any person or entity. The indemnity does not apply to the extent that we cause or contribute to our own loss or damage. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. This clause survives the termination or expiry of this Agreement.

In no event shall JRGD be liable to customer for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. Ron piper makes no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.

7. DOMAIN NAME SERVICES

We do not warrant that any domain name you apply for, can or will be registered. Accordingly, you should not act on a domain name application until you have been notified that your requested domain name has been registered. Both your registration of a domain name, its ongoing use and renewal are subject to the relevant auDA Policy Rules (http://www.auda.org.au) and the terms of use of the applicable domain name registrar. You are responsible for reading and complying with those rules and terms of use.

We are not liable for and you irrevocably release us from all claims and loss you may have, suffer or incur in connection with a domain name you order and use through us. We have no responsibility to resolve a dispute between you and your domain name provider. We are not obliged to renew your domain name if you have not selected the domain name auto renewal option in our Website or you have not paid the renewal fee in advance using the method specified by us. We are not liable for any loss or damage suffered or incurred by you for the non-renewal of your domain name. If this agreement is terminated, but you do not transfer your domain name registration to another registrar, you agree that we may still contact you in relation to the renewal of your registration. We will not however be liable for failing to do so.

8. BILLING

By the account activation date of each month, JRGD shall either:

  • (i) debit the users nominated bank account (when such information has been provided by the member); or
  • (ii) debit the users credit card (when such information has been provided by the member); or
  • (iii) deliver, by e-mail or regular mail.

An invoice in accordance with the applicable Service Fees for Services rendered for the current month.

When an invoice is delivered to the member, payment shall be remitted to JRGD by no later than the specified payment due date. JRGD shall be entitled to immediately terminate this agreement for member's failure to make timely payments. You will be provided with an invoice on a monthly basis. All bank account debit and credit cards are billed automatically on a monthly basis. It is the member's responsibility to ensure that they have sufficient funds available to cover this transaction. In the event that there is insufficient credit or insufficient funds available, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

9. SERVICE FEES

In consideration of the Services to be performed by JRGD, Client shall pay to JRGD fees in the amounts and according to the Payment Terms and Schedule, as set forth in original quote provided.

Certain Services carry a setup fee charged by JRGD to member, which must be paid by member in order to have use of said Services. If member terminates this agreement, member shall be responsible for any and all outstanding fees owed to JRGD and agrees to pay any and all fees incurred by member. Because the Services are provided on a monthly basis, the member will be responsible for Service fees incurred each month, regardless of when member provides notice of termination. Thus, for example, if the member provides notice of termination on the 15th day of a particular month, the member will be responsible for Service fees for the entire month, and such fees will not be pro-rated or refunded.

  • Accounts that are more than seven (7) days past the due date will automatically attract an overdue fee of $10.00 which will be payable on top of the invoice amount.
  • Accounts that are more than seven (7) days past the due date will be automatically suspended in additional to any outstanding fees may apply to have the Service restored.
  • Accounts which are not paid in full within fifteen (15) days of the due date will be automatically deleted & purged from our servers.

10. PROMOTIONS

New clients may receive use of a free domain name included for the minimum registration period of the following extensions .com.au, .net.au, .org.au, .asn.au, .id.au, .com, .net, .org, .biz, .info. This promotion is only applicable for the development of new client accounts.

11. REFUNDS & CHARGEBACKS

We do not refund partial monthly fees to accounts. All website account cancellation requests must be submitted 30 days before the next billing cycle. Only the authorised account holder or an authorised contact may cancel the account. Authorised contacts are appointed only by the account holder. In the event of cancellation, client will automatically be billed for the then-current calendar month.

We do not refund to Credit card or PayPal. Services that incur chargebacks will be permanently deleted and purged from our servers, and domain name ownership transferred to JRGD.

Clients may only cancel a Service in writing, or via email to service@jrgd.com.au .

Upon client cancelling the service we reserve the right at our sole discretion to provide you with a copy of your website content database, as an exported xml format. This will contain your website content database but does not include any add ons, customisations, themes or templates which remain the property of JRGD.

12. FAILURE TO PAY

JRGD may temporarily deny Service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

13. SECURITY & SOFTWARE

You acknowledge that the use of software such as WordPress and other similar types of third party open source software can represent potential risk, and as such requires You to play a part in maintaining Your chosen website software. Therefore, You agree to take steps to ensure You keep Your or their chosen software updated to the latest release and security patched where applicable.

You agree to utilise and implement security measures as per advice from the developers/publishers of the third party software installed onto Your Service. You agree that under no circumstances shall JRGD be liable for any damages, loss or costs arising from or associated with the result of any third party or otherwise software You have chosen to install into a hosting account becoming compromised (hacked) that may result in the destruction of data on the server whether this is the result of Your chosen software becoming compromised or for any other reason whatsoever. You explicitly agree not to hold JRGD responsible or liable in any manner whatsoever for any damages, loss or costs arising from or associated with any type of data becoming deleted and/or unrecoverable due to any type of compromise or hack irrespective of how the compromise or hack occurred.

Account compromise by a third party or otherwise, including but not limited to: stolen passwords, phishing, redirections, meta-refresh scripts or defacement of an individual website is not the responsibility of JRGD. JRGD has the responsibility to notify the customer utilising the information provided on the Account in the Members Area and suspend the account at the earliest convenience, at the sole discretion of JRGD repeat offenders which have openly had an account compromised several times may be charged a service administration fee.

14. TERMINATION & SUSPENSION

JRGD reserves the right, in our sole discretion, to terminate or suspend your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Agreements or any law, if you suffer an Insolvency Event, we are required to do so by law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination or suspension may result in the forfeiture and destruction of information associated with your Account. JRGD may provide prior notice of the intent to terminate or suspend Services to you if such notice will not, in our discretion, run counter to the intents and purposes of these Agreements.

Any fees paid hereunder are non-refundable and any fees owed to us before such termination or suspension shall be immediately due and payable, including any liabilities that may have been incurred prior to termination or suspension such as our costs for collection (including its legal fees) of any such charges or other liabilities. Upon termination, any and all rights granted to you by this Agreement will immediately be terminated, and you must promptly discontinue all use of the Services. Upon reactivation of your Account following a suspension, we may require you to pay us in full for all outstanding amounts and pay a reactivation fee at our discretion. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.

We are under no obligation to provide you with a copy of your Data or User Content if we terminate or suspend all or part of your Services. Nor are we under any obligation to refund you amounts automatically debited from your PayPal account after your Service has been terminated. It is your responsibility to terminate any PayPal subscriptions. If we are required to refund you any payments received, then we may charge you an administration fee for doing so by deducting that amount from the amount to be refunded to you. All provisions of these Agreements which by their nature should survive termination shall survive termination or suspension, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Clients may only cancel a Service in writing, or via email to service@jrgd.com.au .

Upon client cancelling the service we reserve the right at our sole discretion to provide you with a copy of your website content database, as an exported xml format. This will contain your website content database but does not include any add ons, customisations, themes or templates which remain the property of JRGD.

When an account is cancelled, website is deactivated and all files purged from our servers upon cancellation date. Client may request exported website content database file (xml), prior to cancellation date.

All websites listed on this site are hosted products and not available to be moved to external/third party hosting providers. If cancellation occurs in first within 12 months from first subscription payment date, a release fee of $2599+gst is payable. If cancellation occurs 12-18 months after first subscription payment date a release fee of $1299+gst is payable.

We reserve the right at our sole discretion to cancel your service. If we choose to cancel your service you will receive email notification that your service is being cancelled and will be provided 30 days to move your service to an alternate provider.

All data and files relative to Your Service from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all backups. Please make sure to back up all Your files and data before cancelling Your Service.

15. FILE HOSTING

File hosting and file storage of any type is strictly prohibited on any and all servers within the JRGD's network. You MAY NOT use Your JRGD account as a download or file storage repository. Our Services are strictly offered for website hosting only. This does NOT mean that You cannot have downloads on Your site. This means You cannot operate a site that specialises in downloads like download.com or for the use of storing data that is not being served on your website. You may not use Your JRGD Account as storage repository for MP3, games, video, audio or music files.

16. BACKUPS & DATA LOSS

Use of the Service is at Your sole risk. JRGD is not responsible for any and all files and data residing on Your account on our servers. JRGD cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any JRGD server to which You have an account on. A fee will incur in the event that an Service backup is required to be restored.

17. CONTENT

You, as JRGD's client, are solely responsible for the content stored on and served by JRGD's server. Client acknowledges that any further web site construction and management is client's responsibility. JRGD is not responsible for web site management or files lost or damaged by client.

Text Content: Unless agreed separately, JRGD is not responsible for inputting text or images into the content management system or creating every page on Client’s website.

Graphics and photographs: Unless agreed separately, Client should supply graphic files in an editable, vector digital format. Client should supply photographs in a high resolution digital format. If Client chooses to buy stock photographs, JRGD can suggest stock libraries.

Code Development:
HTML, CSS and JavaScript. JRGD delivers web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviours.

Browser testing. Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Desktop browser testing. JRGD will test work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. JRGD will also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. Other older browsers will not be tested unless agreed separately.

Mobile browser testing. Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. JRGD will test designs in: iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator. JRGD does not test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless agreed separately.

Maintenance:
This Agreement does not provide Web Site maintenance unless a Website retainer plan is purchased. Such maintenance services include editing content, modifying product pages and products in an online store, website backup, malware detection and removal, uptime monitoring, software updates, or any other maintenance services.

IMPORTANT: Third Party Providers:
All products listed on this website represent a hosted website solution, with all your maintenance, site security, content updates and changes included (see specific package for details). Note these products are subscription based on the JRGD network and there is no cpanel access or email hosting.

Should it be deemed necessary to have your site hosted on third party servers, a different pricing structure applies, and we will forward you a proposal including scope of works and project quote. The website will be developed on JRGD servers to the fulfillment of the scope of works set out in quotation. Site will be tested and signed off on JRGD servers by the client and delivered as a full site backup zipped file (cpanel backup) and dispatched to the client for supply to their third party hosting technical department.

Should any unforseen technical issues arise in the migration process or further development work is required after sign off by client, or additional technical consultation is required post-dispatch, these services are chargeable at the standard rate of $120+gst per hour. JRGD can provide no guarantee that site functionality will not be compromised on a third party server and upon website handover JRGD takes no responsibility for continuity of service, site backup or ongoing website maintenance.
By authorising this project, you agree to these conditions.

18. GOVERNING LAW & JURISDICTION

Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New South Wales and the Commonwealth of Australia, without regard to principles of conflict of laws. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of New South Wales and the Commonwealth of Australia. You consent to service of process via email at the email address(es) provided by you, and waives any requirement under any judicial treaty requiring that legal process be translated into any language other than English.

19. DISPUTE RESOLUTION

Mindful of the high cost of litigation, you and JRGD agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to:

(i) the Website;
(ii) this Agreement;
(iii) the Services;
(iv) the breach, enforcement, interpretation, or validity of this Agreement; or
(v) any other dispute between you and JRGD (a “Dispute”)

The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) if to us at: P.O. Box 157, Suffolk Park, NSW 2481, Australia or
(2) if to you at: your last-used billing address or the billing and/or shipping address in your Account information.

Both you and JRGD agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any legal proceedings against the other party.

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Thanks for choosing JRGD! One of our team will be in touch soon to schedule a strategy meeting.

When your order is received an interim invoice will be emailed to you. Work will commence immediately once project deposit is received.

We look forward to working with you.





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I have read and agree to the Terms of Service, and warrant that I am authorised to place this order and authorise payment to JRGD on behalf of my organisation.