Terms and Conditions
This document outlines Write Marketing Corp’s Terms and Conditions in which Write Marketing Corp provides services to consumers and you as the business owner or “Client”.
The meaning of some words used in these terms and conditions are as follows:
“We”, “Us” or “Our” is a reference to Write Marketing Corp;
“You” or “Your” is a reference to the person or business/client to whom Write Marketing Corp is providing Services to and who is required to pay for the Services provided;
“Parties” is a reference to both Write Marketing Corp and you; and
“Services” means the work, Write Marketing Corp will provide in connection with professional writing, marketing, graphic design and website design and development. The precise Services Write Marketing Corp will provide you will be stated in the order form for online orders or invoice that is emailed to you, and as the parties agree from time to time either in writing or verbally.
“T&C’s” refers to Terms and Conditions from this point on;
1.1. Entering into a legally binding contract;
- (a) A contract between you and Write Marketing Corp will come into being in one of four ways:
- (i) When you tick the “Terms & Conditions” box found on all our online order forms – You will then enter into a legally binding contract on the date you submit this form whether signed or not electronically or otherwise.
- (ii) Where you and Write Marketing Corp agree verbally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
- (iii) By electronic signature (placement of full name within the invoice signature area) on our online order forms or contract.
- (iv) You you process payment, ie. make payment in part (deposit) or in full of our provided invoice.
- (b) We suggest that before you tick the T&C’s box, or make payment (in part or in full) of your invoice provided by us, or verbally agree to us providing Services, that you read through these terms and conditions.
- (c) You should keep a copy of these T&C’s for your records found here on our website by printing off this page. We can also send you a copy if you request it.
1.2. Providing the Services
- (a) Once you agree to our T&C’s, make the required initial payment and complete our provided job brief via form or email, we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you.
- (b) Our aim is to always provide you with Services:
- (i) Using reasonable care and skill;
- (ii) In compliance with commonly accepted practices and standards in the Digital Services industry; and
- (iii) in compliance with Queensland local and international laws and regulations in force at the time we are carrying out the Services.
- Days and times when we normally provide our Services is between 9am and 6pm business days of Monday to Friday. Any agreed on deadlines are within business days only excluding all weekends and public holidays and may vary to the originally agreed deadline in some situations due to unforeseen variables which can happen from time to time.
2.1 Our responsibility to perform the Services by particular dates and our guarantee policy are as follow –
Delivery of the services by a particular timeframe
(a) The timeframe we offer for delivery of our different services can be found within our website, however this may vary if;
There are delays in receiving from you all the required information including the completed job brief OR the scope of the project goes outside of the original project order and any discussions, OR if extra custom functionality or revisions are discovered to be needed that is not possible to know of prior to commencing your project. In these situations there may potentially be additional fees due if significant additional tasks are needed. Regardless though this can just mean the agreed deadline, whether priority delivery fees are paid for or not and you acknowledge and understand that refunds are not available where significant work has been performed despite a priority delivery fee being paid.
(b) If you decide to pay the agreed additional fee for a priority delivery of your project, you hereby agree that this is just our best estimate and it may vary depending on your responsiveness to our updates and contact or the complexity and requirements needed to complete the order which are unable to be estimated prior to commencing the project. We will always do our best to complete the order according to the promised timeframe including working overtime and on weekends for free (where not significantly outside the scope of the paid project), but many variables can lead to this timeframe not being possible to adhere to and you agree that we will not be liable to issue a refund where we have taken all due care to do our best to delivery your project accordingly. We will always take all due care to deliver your order according to the timeframe.
Our Guarantee Policy
(b) Terms of Guarantee;
- Satisfaction: is deemed to be “within reason.” You agree to send clear revision instructions outlined by email or skype live chat. Alternatively you can call us or schedule an easy online conference call where you can show us exactly what you request revised by easy screen sharing.
- Revision requests must only be on the chosen writing concept/topic, graphic design or website design and development and does not include a complete direction change of work once the initial concept or design is chosen and work is commenced. within the given price and within our guarantee.
- Additionally, If revision requests are not set out clearly and it results in misinterpreted request requirements incurring significant work being performed of the incorrect desired revision,we may choose to void this guarantee and require payment for additional time spent to continue.
- Scope of Work: Upon us taking on your project, you agree that the scope of the project you requested from us can only be agreed by us prior to the commencement of your order on a best as possible estimate and it may end up requiring additional tasks to be undertaken to deliver your order according to your required needs which may possibly require additional charges to be paid where significant additional work is required
- Limitations: with some services there are limited number of revisions included and this guarantee is valid only within the specified number of revisions. After this an additional fee is incurred and is priced per additional project or task required.
- Performance: Everything we include in our services can be found within our website including any promised outcomes. Services are performed to the best of our ability.Performance varies according to the particular circumstances.
- Write Marketing Corp’s guarantee obligation ceases once delivered services have been approved.
- Due to the nature of our work, no refunds are available once significant work has commenced.
2.2 Situations or events outside our reasonable control
- (a) In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
- (b) The following are examples of events or situations which are not within our reasonable control:
- (i) We have not received the requested and required information from you to commence and complete the work. This may include, completed job brief or rely to our questions sent by email or by phone.
- (ii) where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work. (iii) where we have to wait for other providers of services (who have been engaged by you independent to Write Marketing Corp) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
- (iv) where we are unable to gain access to our Premises to carry out the Services at the times and dates we have agreed with you;
- (v) for other some unforeseen or unavoidable event or situation which is beyond our control.
3.1. Price, estimates and payment
- Our charges are based on fixed prices
We normally charge for our Services on a fixed fee basis or per package price. We charge for each order (professional writing, graphic design & website design & development), 50% deposit and rest on completion prior to final delivery of services, except for marketing services which are paid in full in advance per month. All except SEO Marketing fixed prices are found on our website. Regarding SEO Marketing, estimates and guidelines only are provided on our website with accurate fixed prices calculated upon receiving your specific business details and requirements. Being an international company with partners outside of our Australian Head Office, all prices stated are in USD.
- Variance to invoice or package price during the services work being performed
- (i) Additional customised services outside the scope of our standard service fixed prices and packages. If, once we start performing the Services you provide additional customisation requirements, and the amount resources we will need to provide these are significant, we will usually require an additional payment to continue.
- (ii) Where the amount of work involved starts to become greater than that stated in your ordered package then the following will happen:
- (i) we will discuss this with you and get your approval prior to commencing the work and issue an invoice. Once the invoice is electronically signed and a minimum 50% deposit is paid we will perform the additional service/s . If the total additional fee is less than $300, payment will be required in full prior to commencing the additional required service/s.
3.2 T&C’s of payments and service commence date;
This is stated on our website plus our online order form or invoice we email you
(a) Additional customised add-on services. Payment is required in full (where the value is $300 or less) & immediately upon accepting our invoice. Where this add-on is over $300, a minimum of 50% deposit is due immediately and the rest on completion.
If you do not pay the final instalment payment when required to
- (b) We will not deliver the final service/s until remaining payment is received in full.
- (b) We will charge you interest (at an interest rate of 5%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date of our invoice or
(b) Where you seek to not pay amounts due to us
You agree you will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error.
4.1 Self-Promotion; Write Marketing Corp may use your designs and images for websites, social media, awards, brochures, business cards etc to, for example display in our portfolio on our website unless and unless specifically advised otherwise.
Exclusion and limitation of liability
- (a) We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
- (b) We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by Write Marketing Corp of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
Termination of contract by you
4.2 Once Write Marketing Corp and you enter into a binding contract you will normally not be able to terminate the contract without forfeiting your entitlement to a refund of your payment made, where work has commenced which can include a soon as your job brief is submitted, or where we agree otherwise.
4.3 Amendments to the contract terms and conditions
We have the right to amend the terms and conditions of this contract where:
(a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b) we are changing the rates we charge for the provision of Services as provided for in clause 7; or
(c) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract; or
(d) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
5.1. Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in our head office location of, Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland.