Website Terms & Conditions

DISCLAIMER

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by https://kristymorton.com/. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of https://kristymorton.com. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, https://kristymorton.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Kristy Morton Consulting – © 2018. All rights reserved.

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 contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only 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. You may not transmit it or store it on any other website or other form of electronic retrieval system.

 

 

TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern https://kristymorton.com’s relationship with you in relation to your use of 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 https://kristymorton.com 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 https://kristymorton.com’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 https://kristymorton.com 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), https://kristymorton.com’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 https://kristymorton.com.

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

https://kristymorton.com/ handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 30 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 https://kristymorton.com/.

LINKS TO OTHER WEBSITES

https://kristymorton.com/ 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 https://kristymorton.com/ and the owners of those websites. https://kristymorton.com/ takes no responsibility for any of the content found on the linked websites.

https://kristymorton.com/’s website may contain information or advertisements provided by third parties for which https://kristymorton.com/ 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.

DISCLAIMER

To the fullest extent permitted by law, https://kristymorton.com/ absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. https://kristymorton.com/ 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 https://kristymorton.com/ 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.

YOUR PRIVACY

At https://kristymorton.com/, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. https://kristymorton.com/ respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

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. https://kristymorton.com/’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data https://kristymorton.com/ collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

https://kristymorton.com/ does 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 to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

https://kristymorton.com/ may be required, in certain circumstances, to disclose information in good faith and where https://kristymorton.com/ 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 https://kristymorton.com/. https://kristymorton.com/ 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 https://kristymorton.com/ 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. https://kristymorton.com/ 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.

https://kristymorton.com/ 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.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and https://kristymorton.com/ concerning your use and access to https://kristymorton.com/’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.

 

JURISDICTION

This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and https://kristymorton.com/ that results in litigation then you must submit to the jurisdiction of the courts of WA

 

Terms & Conditions – WordPress Monthly Maintenance

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, the terms stated herein will apply from acceptance of payment for the WordPress Maintenance Service offering.

The “KMC” referred to herein is Kristy Morton Consulting.

Description of Service

[PLEASE NOTE: Update to terms of service to apply from JANUARY 2018]

The WordPress maintenance service provides administrative support to clients through managing their WordPress installation’s plugin and theme updates, WordPress updates, backups, monitoring security and site performance.

Two Plans are available:

Advanced: this includes one hour of support per month, daily backups through the ManageWP platform; daily security monitoring through Manage WP, fortnightly updates of plugins, themes and WordPress; email support.

Included hours are calculated on a calendar month basis – regardless of start date.

No Frills: daily backups through the ManageWP platform; daily security monitoring through Manage WP, fortnightly updates of plugins, themes and WordPress; email support.

WordPress Support – on the No Frills plan, any Support required is in addition to the monthly fee. Work to be completed by KMC due to changes resulting from Plugin updates will be included as part of the Advanced support hours and for No Frills plans, in addition to the monthly charge. 

By accepting any of the the WordPress Maintenance Service offerings, the client agrees for KMC to access their WordPress installation, DNS and Website Hosting (where relevant) and Google Analytics (where relevant). The client also agrees for all necessary plugins to be installed and configured and for their website to be set up in the Manage WP platform.

Daily backups are stored remotely on the Manage WP platform (hosted on Amazon S3), and security scans are also completed through Manage WP.

Payment Terms

  • All prices quoted exclude GST.
  • Payment is required before services will be rendered.
  • Payment terms:
    • Yearly plans: value paid upfront. You may cancel at anytime, however this payment is non refundable.
    • Monthly plans: payments are drawn in advance. Minimum commitment is 3 months, then the plan may be cancelled at any time (one month’s notice required). Monthly plans incur a set up fee.
  • In the case of payment default KMC reserves the right to withdraw services provided and shall not be liable for liable for any losses (including loss of projected profits), costs or claims caused by such actions.
  • Any costs associated with recovery of unpaid monies will be charged direct to the Client should a default of payment occur.
  • Invoices issued by Sandcastle Group Pty Ltd, T/A Kristy Morton Consulting.

Cancellation

  • Upon cancellation of the service, any plugins installed shall remain on the client site. Ongoing updates and maintenance of same become the responsibility of the client.

Change

  • KMC reserves the right to modify or replace terms at any time, however written notice will be provided to clients.

Subcontractors

  • KMC reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion

  • The Client agrees to allow KMC to link to their website in their testimonials & client portfolio sections.

Copyright

  • The Client is responsible for all trademark, servicemark, copyright and patent infringement clearances and indemnifies KMC against any loss or damage incurred directly or indirectly from any unauthorised use of photographs, text or other intellectual property not under copyright ownership of the client.

Force Majeure

  • KMC shall not be deemed in breach of this agreement if they are unable to complete the services or any portion thereof by conditions beyond their control, including, but not limited to, Acts of God, Government Restrictions or any other events beyond the reasonable control of KMC (a Force Majeure Event). Upon occurrence of a Force Majeure Event KMC shall give notice to the Client of its inability to perform or delay in completion of the project and shall propose revisions for same.

Liability

  • All liability, warranty, legal or other claims are limited to the value of the work.
  • The client agrees that they shall not hold KMC liable for any losses (including loss of projected profits), costs or claims caused by website mistakes or omissions, or by failure of certain material to appear on the internet on a given date. This includes loss of data resulting from delays and/or service interruptions by associated companies or third party delays including domain names, DNS hosting, FTP and web hosting.

 

Terms & Conditions – Wordpress Support, SEO, Analytics and other Services

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, the terms stated herein will apply from acceptance of payment and/or written confirmation to proceed from the client.

The “KMC” referred to herein is Kristy Morton Consulting.

Payment Terms

  • All prices quoted exclude GST.
  • Payment terms:
    • Support tasks: if the project cost is greater than $200, 50% deposit is required before services will be rendered.
    • All other tasks (excluding Website Set ups): payment is required before services will be rendered.
    • Payment Terms are 7 days.
  • In the case of payment default KMC reserves the right to withdraw services provided and shall not be liable for liable for any losses (including loss of projected profits), costs or claims caused by such actions.
  • Any costs associated with recovery of unpaid monies will be charged direct to the Client should a default of payment occur.
  • Invoices issued by Sandcastle Group Pty Ltd, T/A Kristy Morton Consulting.

Scope

  • Any changes in scope to the original brief will require additional payment as agreed with KMC and the client.

Change

  • KMC reserves the right to modify or replace terms at any time, however written notice will be provided to clients.

Subcontractors

  • KMC reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion

  • The Client agrees to allow KMC to link to their website in their testimonials & client portfolio sections.
  • Some recommended suppliers have affiliate arrangements with KMC.

Copyright

  • The Client is responsible for all trademark, servicemark, copyright and patent infringement clearances and indemnifies KMC against any loss or damage incurred directly or indirectly from any unauthorised use of photographs, text or other intellectual property not under copyright ownership of the client.

Force Majeure

  • KMC shall not be deemed in breach of this agreement if they are unable to complete the services or any portion thereof by conditions beyond their control, including, but not limited to, Acts of God, Government Restrictions or any other events beyond the reasonable control of KMC (a Force Majeure Event). Upon occurrence of a Force Majeure Event KMC shall give notice to the Client of its inability to perform or delay in completion of the project and shall propose revisions for same.

Liability

  • All liability, warranty, legal or other claims are limited to the value of the work.
  • The client agrees that they shall not hold KMC liable for any losses (including loss of projected profits), costs or claims caused by website mistakes or omissions, or by failure of certain material to appear on the internet on a given date. This includes loss of data resulting from delays and/or service interruptions by associated companies or third party delays including domain names, DNS hosting, FTP and web hosting.

Terms & Conditions – Website Set up and Makeover.

Please download here.

Please feel free to contact me with any questions or concerns.