Welcome to Online Selling Guru!
- STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development, SEO, SMO, PPC Etc Subscription base Services and uniformly apply to all the contracts handled by Online Selling Guru for its clients. By accessing the website you agree comply with all the terms and conditions in full. If you beg to differ, you are outlawed from using our website.
- OUR FEES AND DEPOSITS
All the fee estimates do not carry service tax or any other applicable taxes (unless otherwise stated). These shall be added to the final invoice based upon the prevailing rates on the date of the invoice.
Online Selling Guru follows a strict schedule under which all the payments should be fully made:
- 50% of the payment shall be done in advance prior to the commencement of the contractual project.
- Next 50% after the approval of the design, followed by the project completion and the project delivery.
- In Case of Subscription base Services like SEO, SMO where fees are charged for a fixed period of time You need to pay advance for fixed period of time, than keep on paying your subscription charges as per time schedule.
NOTE: The initial deposit is non-refundable if the development work has begun and you terminate the contractual project through no fault of ours. The deposit will be only refunded in case we have failed to deliver according to your expectations.
- SUPPLY OF MATERIALS
All the information that you may understand necessary for the performance of the project should be provided to us well in time. In case of any delay, we hold complete right to adjourn the performance of the project and also charge you for additional costs that may arise owing to the delay. Also, if you abort the project in between, we have full right to invoice you for all the project work that has been already completed.
We shall provide the designs to you for an approval as and when they are completed. We will wait for a term of 7 days to receive a feedback from you on the completed work. In case of no response, the material will be conjectured as approved and accepted by you.
We are delighted to offer you with the opportunity to make changes in the design proposal. However, we possess the right to restrict the number of design proposals to a fair amount and may charge for supplementary designs if you make a change to the original specifications.
- PROJECT DELAY AND CLIENT LIABILITY
We will always aim upon completing all the promised services well within time. The project timescale shall begin on receiving both the agreed initial deposit as well as the requiredinformation regarding the project. If we envisage that for some reason, we shall not be able to meet the project timescale, we shall inform you about the same.
If it has been mutually agreed that the project will be completed in phases, we will defer the work belonging to the subsequent phase till the time you have successfully approved the results acquired in the foregoing stage.
- APPROVAL OF WORK
Once the work has been completed, you will be informed about the same and will be allotted a time period of 7 days to review it. It is imperative that you notify us in writing in case the work does not match your expectations. Any of the work which has not been reportedin proper writing within the stipulated time period will be deemed approved by you. Once approved, or deemed approved, the work cannot be rejected and the 50% balance amount will become outstanding.
After the work has been well executed (website design or development), the website will be uploaded for your approval to our customer server area. Following the approval, it will be uploaded to the final destination server. We have absolute right of delaying the uploading of the website in case of any delay in the payment.
- REJECTED WORK
If you proffer a writing that rejects our work, you will have to support it with reasonable flaws. If we think that you have been unreasonable in rejection of the work, we can choose to deem the contract as complete and opt for measures to recover the payment.
On the completion of 7 days, we shall prepare your invoice for the outstanding payment.
- WARANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You hold an exclusive copyright of all the files and graphics provided to us that needs to be included in the project. It is your responsibility to acquire full proof copyrights and further grant us the permission to use the same. You should indemnify that we shall not be held responsible for any claims resulting from your negligence to obtain proper copyrights.
Unless otherwise stated, Online Selling Guru and/or its licensors own the intellectual property rights for all material on Online Selling Guru. All intellectual property rights are reserved. You may view and/or print pages from http://www.onlinesellingguru.com.au for your own personal use subject to restrictions set in these terms and conditions. Do not republish/ sell, rent or sub-license/ reproduce, duplicate or copy material from http://www.onlinesellingguru.com.au
- SEARCH ENGINES
It should be carefully noted that we do not promise you any specific search engine ranking. We simply perform the basic search engine optimization as per our regulatory practice.
- CONSEQUENTIAL LOSS
We will always try our best to reach all deliveries within the stipulated time frame. However, sometimes there might arise a need to extend the timeline owing to any unforeseen situation such as unavailability of resources, delay in support from third party, deployment issues, communication gaps etc.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Limitations of Remedies
Under any circumstances, we shall not be liable to you for consequential, indirect, incidental, special, Punitive, or exemplary damages or losses arising out of or related to this agreement, even if we are advised of the likelihood of such damages occurring. Our cumulative liability for any damages arising out of or in any manner related to this Agreement (including, but not limited to, claims for breach of contract, breach of warranty, negligence, strict liability, or Tort, shall be limited to the amount of the fee paid by you to us Under this agreement.
We secure the right to subcontract any service that we have promised to perform for the successful completion of your project.
- NON- DISCLOSURE
We pledge to keep all your information absolutely confidential without disclosing it to any third party.
- ADDITIONAL EXPENSES
Any additional changes not anticipated earlier will only be contemplated through a proper change management procedure and will be additionally billed. This will also bring in an adjunct in the timescale and cost of delivery.
You are completely responsible for maintaining your own backups in relation to your website. We shall not be liable to restore any data except in a condition where the loss arises out of our negligence.
- OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
You are liable to pay for domain name registration and/or web hosting that we purchased on your behalf.
- GOVERNING LAW
All the agreements between the concerned parties and obligations arising from or even related to them shall be governed by the laws of NSW Australia. The courts of Black town hold supreme discretion while settling any dispute that may arise in relation to the listed Terms & Conditions.
- CROSS BROWSER COMPATIBILITY
By making use of the latest versions of well supported content management systems, we guarantee you that all websites we create are fully compatible with latest versions of Google Chrome, Internet Explorer, Safari and Firefox.
You are dully responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Online Selling Guru and its subcontractors from any loss arising from your or your clients’ use of Internet electronic commerce.
In the event that any provision in this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms. It is expressly understood and agreed that each and every provision of This agreement which provides for a limitation of liability, Disclaimer of warranties or exclusion of damages is intended by The parties to be severable and independent of any other provision And to be enforced as such. Further, it is expressly understood and agreed that in the event and remedy is determined to have Failed of its essential purpose, all limitations of liability and
Exclusions of damages shall remain in effect.
- Change of Terms and condition :
Terms and condition may change at any time without any notice. You should be keeping on updated yourself. Continuous use of our website services means you have agreed with our terms and conditions.