TERMS OF SERVICE

 

Please read and understand the agreement details below. If you use our services you are bound by the agreement.

This Service Agreement (“Agreement”) is between  DEBBIE LAMPERD  (CREATIVE 33) , having its principal place of business in Perth, WA Australia and any persons receiving services from DEBBIE LAMPERD (CREATIVE 33 . In this Agreement, the party who is receiving the services shall be referred to as the “Client” and the party who will be providing the services shall be referred to as DEBBIE LAMPERD (“CREATIVE 33”).

  1. DESCRIPTION OF SERVICES.    DEBBIE LAMPERD (CREATIVE 33) provides Internet related services in addition to software service and training.
  2. PAYMENT FOR SERVICES AND EXPENSES.Unless agreed in writing otherwise, all payments due to DEBBIE LAMPERD (CREATIVE 33) are to be received by DEBBIE LAMPERD (CREATIVE 33) within 7 days of invoice date or at time of purchase (as specified). DEBBIE LAMPERD (CREATIVE 33) accepts payment via deposit into DEBBIE LAMPERD’S  bank account..

If an ongoing monthly service provision agreement is in place, in consideration of the provision of the Services, the Client will pay DEBBIE LAMPERD (CREATIVE 33)  monthly upon receipt of invoice for hours billed for Services based on receipt of an invoice from DEBBIE LAMPERD(CREATIVE 33).

If ongoing maintenance services (such as software updates) or website hosting services are provided by DEBBIE LAMPERD (CREATIVE 33) to the Client, in consideration of the provision of the Services, the Client will pay DEBBIE LAMPERD(CREATIVE 33)monthly in advance via BANK DEPOSIT.

  1. TERM / TERMINATION.This Agreement may be terminated by either party at any time by giving to the other not less than a 24 hours notice. If work has begun on the project or service provision, DEBBIE LAMPERD (CREATIVE 33) reserves the right to retain any moneys paid in advance or charge a reasonable amount for work performed in respect of which work no fees have previously been charged.
  2. RELATIONSHIP OF PARTIES.It is understood by the parties that DEBBIE LAMPERD is and shall remain an independent contractor with respect to the Client and not an employee of the Client.
  3. CONFIDENTIALITY. DEBBIE LAMPERD (CREATIVE 33) will not at any time disclose to any third party any information that is identified as confidential by the Client. DEBBIE LAMPERD (CREATIVE 33) will reasonably protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
  4. ENTIRE AGREEMENT.This Agreement contains the entire Agreement of the parties, and supersedes any and all previous representations, warranties, undertakings, and Agreements.
  5. SEVERABILITY.If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
  6. NOTICES.Any notice may be given by delivering it to the other party at the above address or otherwise allowed by law.
  7. DELIVERY.The parties may agree on a timetable for delivery of the Services, which also forms part of this Agreement.
  8. LIABILITY. DEBBIE LAMPERD (CREATIVE 33) shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from any services, software or documentation produced by DEBBIE LAMPERD (CREATIVE 33). The sole responsibility for content and functionality of any service or document produced by DEBBIE LAMPERD (CREATIVE 33), or accessed by DEBBIE LAMPERD (CREATIVE 33), rests with the Client.

In addition, DEBBIE LAMPERD (CREATIVE 33) shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from any software update, web content, web hosting malfunction or security breach resulting directly or indirectly from any service provided by DEBBIE LAMPERD (CRATIVE 33). The sole responsibility of the the Clients software, services and data and its security measures rests with the Client.

Furthermore, DEBBIE LAMPERD (CREATIVE 33) shall not be held liable for any delay or failure to perform, resulting directly or indirectly from any causes beyond the reasonable control of DEBBIE LAMPERD (CREATIVE 33).

It is the responsibility of the Client to ensure that all data, software and services are available for restore via a valid recent backup for any data, software or services for which the Client has given DEBBIE LAMPERD (CREATIVE 33) access. DEBBIE LAMPERD (CREATIVE 33) is not responsible for the loss or malfunctioning of any Website, data or service.

If DEBBIE LAMPERD (CREATIVE 33) provides software update services, the Client agrees that DEBBIE LAMPERD (CREATIVE 33) is only able to apply updates where the Client has a valid license for the software and where the software may be updated using a remote service of the choosing of DEBBIE LAMPERD (CREATIVE 33).

  1. INDEMNITY / INSURANCE.The Client agrees to indemnify DEBBIE LAMPERD (CREATIVE 33) from any claim or demand, including solicitors fees, arising out of your use of DEBBIE LAMPERD (CREATIVE 33) services, including any violation of this Agreement by the Client or any other person using the Client’s account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers, and infringement of intellectual property or other rights.
  2. CHOICE OF LAW.The applicable law to the Agreement and to disputes arising out of the subject matter of this Agreement is the law of the state of WESTERN AUSTRALIA, Australia.