Terms of Service
We welcome the opportunity to assist you to build and grow your business and we look forward to working with you. Please read these Terms of Service Agreement carefully before using our services and websites. This Agreement sets forth the legally binding terms and conditions for your use of our services and our websites.
This Service Agreement (“Agreement”) is made between Successful Living Pty Ltd and you, The Client (The Client). This Agreement sets forth the legally binding terms and conditions for your use of our services and websites in any manner, including, but not limited to, engaging Successful Living Pty Ltd services, visiting or browsing our websites, or contributing content or other materials to our websites, you agree to be bound by these Terms of Service for both current and any additional services The Client may contract with Successful Living Pty Ltd.
Fees for Service: Fees and pricing for the products and services generally are as set forth at the time of the individual product/service purchase.
The fee is for the work specified in our agreement. We will happily quote for any additional work you wish to join us in. The Client must pay through PayPal for the payment of products and services The Client engages.
All fees are due in accordance with the agreed upon fee schedule. The Client agrees that any setup fees or one-time services payments are non-refundable.
Billing will occur in the form of a one-time payment or an automatically recurring monthly payment, as set forth in the specific product/service terms and conditions for the product or service provided. Subscriptions are billed on a monthly basis at the beginning of each subscription month and are non-refundable.
Successful Living Pty Ltd reserves the right to discontinue services to The Client should they fail to make their monthly payment.
Successful Living Pty Ltd in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of our services or websites for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your subscription or your access to your subscription. Successful Living Pty Ltd reserves the right to refuse service to anyone for any reason at any time.
Recurring Payments: All payment for recurring services will be paid in advance on a monthly basis. Following the current contract term for any particular recurring service, this Agreement with respect to such recurring service shall automatically renew for successive one-month terms on the monthly anniversary date of The Client’s initial purchase.
The Client may cancel automatically recurring payment, including the services associated therewith, by logging into their Paypal account and cancelling services. Provided such cancellation occurs before the automatically recurring payment is due, then the recurring services will be terminated at the end of the then-current term.
In the event such cancellation is received after the automatically recurring payment is made, then the recurring services shall continue for an additional monthly renewal term and termination will instead occur at the end of that additional renewal term. No pro-rated refunds for partial terms or months will be provided.
Refund policy: Once the work is done, we can’t take back our hours, time and effort. As such, there are no refunds on services.
Reimbursable Expenses: Expenses incurred on behalf of The Client – at The Client’s request – will be billed to The Client at cost, at the time of the expense. Payment is within 7 days.
Termination of Agreement: Either party can terminate this agreement at any time. Successful Living Pty Ltd will work out its month prepaid by The Client except where The Client requests immediate cessation of services. The Client can cancel at any time by emailing us however no refunds are given. On termination of services, Successful Living Pty Ltd will remove itself from all of The Client’s accounts.
Independent Contractor: It is understood that Successful Living Pty Ltd is and will remain an independent contractor and is not an employee of The Client. The Client will not provide fringe benefits, including health insurance benefits, superannuation, paid vacation, or any other employee benefits. Successful Living Pty Ltd and The Client agree to the following rights consistent with independent contractor status:
•Successful Living Pty Ltd has the right to perform services for others during the term of this Agreement.
•Successful Living Pty Ltd has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed.
•Successful Living Pty Ltd has the right to hire assistants as subcontractors to provide the services required by this Agreement.
•Successful Living Pty Ltd or Successful Living Pty Ltd’s subcontractors shall perform the services required by this Agreement; The Client shall not hire, supervise or pay any assistants to help Successful Living Pty Ltd.
•Neither Successful Living Pty Ltd nor Successful Living Pty Ltd’s subcontractors shall receive any training from The Client in the skills necessary to perform the services required by this Agreement.
•The Client shall not require Successful Living Pty Ltd or Successful Living Pty Ltd’s subcontractors to work full time to perform the services required by this Agreement.
Responsibility: Successful Living Pty Ltd strives to provide error-free work. Typographical errors or mistakes that are clearly the fault of Successful Living Pty Ltd will be corrected at no charge. Client revisions will be charged at the rate set out in payment for services. Final proofreading is the responsibility of The Client. Successful Living Pty Ltd is not responsible for any loss due to clerical errors on our part missed by The Client.
Error and Omission: Successful Living Pty Ltd assumes no responsibility for consequences resulting from the provision of information and services, including, but not limited to, errors or omissions. All information provided is intended solely to provide general guidance on matters of interest for the personal use of The Client, who accepts full responsibility for its use. It is provided with no guarantee of completeness, accuracy or timeliness, and without warranty of any kind. Information provided does not constitute legal, accounting, tax or consulting advice.
Backup and File Management: Successful Living Pty Ltd recommends the use of Dropbox or Google Drive to share, store and backup documents. Client materials will be kept for a period of 12 months from date of last contact. Copies of electronic files will made available upon request. After this time, all Client files will be erased from our local computers in accordance with our Confidentiality Policy. Successful Living Pty Ltd cannot be held responsible for loss due to error or damage.
Links To Other Sites: Our websites may contain links to third party sites that are not owned or controlled by Successful Living Pty Ltd. Successful Living Pty Ltd is the sole owner of any information collected on this website. We do not rent, sell or share any information we collect. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our company. We may collect personal information such as your name, address, website when The Client engages services with us. If you choose to provide personal information when using our services, we use the personal information to provide you with the particular products or services you request.
Confidentiality: Successful Living Pty Ltd will not at any time disclose to any third party any information that is identified as confidential by The Client. Successful Living Pty Ltd will protect all information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement and is binding on all subcontractors of Successful Living Pty Ltd.
Intellectual Property: Our materials, websites, features and functionality are owned by Successful Living Pty Ltd and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws.
The Client’s services begin at the moment of your first payment to Successful Living Pty Ltd. By purchasing or subscribing to Successful Living Pty Ltd’s services, you grant Successful Living Pty Ltd the right to (1) create, access and manage profiles, applications or websites in your name using Successful Living Pty Ltd content, your content, third party content, and publicly available information; (2) post, at Successful Living Pty Ltd’s discretion, content to the above mentioned profiles, applications or websites in your name, including but not limited to content that mentions, discusses or promotes third parties; (3) access, collect, read, analyse, and otherwise use on your behalf the information available on the above mentioned profiles, applications, or website, and (4) host, using the resources of Successful Living Pty Ltd or its affiliates, the above mentioned profiles, applications, or websites.
Upon termination of your use of Successful Living Pty Ltd services, you retain the right to access and control the above mentioned profiles, applications, or websites not hosted by Successful Living Pty Ltd or its affiliates as well as your content. At any time, including upon termination of your use of Successful Living Pty Ltd’s services, Successful Living Pty Ltd may delete, disable, alter, remove, retain, or otherwise dispose of profiles, applications, or websites hosted by Successful Living Pty Ltd or its affiliates.
Successful Living Pty Ltd assigns to The Client copyright over work product created or generated by Successful Living Pty Ltd. Any rejected marketing plans, ideas or designs created by Successful Living Pty Ltd remains the exclusive property of Successful Living Pty Ltd.
Disclaimer: In no event shall neither Successful Living Pty Ltd nor its third party providers be liable for any damages caused by any product or service, or the failure of such product or service to perform, including but not limited to any lost profits, lost savings, loss of use, loss of data, or any other special, incidental, indirect or consequential damages of any kind, whether or not advised of the possibility of such damage, and regardless of the theory of liability pursuant to which such damages may be sought. Successful Living Pty Ltd hereby disclaims all other warranties including but not limited to warranties of merchantability, fitness for a particular purpose, and conformity to models or samples. Successful Living Pty Ltd is not liable for any claim made by a third party or made by you for a third party.
Limitations: In no event shall Successful Living Pty Ltd or its suppliers be liable for any damage (including, without limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to use the materials on Successful Living Pty Ltd’s internet sites, even if Successful Living Pty Ltd has been notified orally or in writing of the possibility of such damage.
The websites and all site content is made available to you on an “as is” basis. Successful Living Pty Ltd makes no warranties, representations, or conditions of any kind, express, statutory or implied as to (1) the operation and functionality of the site, (2) the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the site content and (3) the products and services associated with the site or site content. Successful Living Pty Ltd further disclaims all warranties, express, statutory or implied including but not limited to implied warranties or merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. No advice or information whether oral or written that you obtain from Successful Living Pty Ltd or our websites shall create any warranty, representation, or condition not expressly stated herein.
Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
Amendment of Agreement: Successful Living Pty Ltd reserves the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on our websites. Your continued use of our services and websites after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access our services or websites immediately. This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to any principles of conflicts of law.
Contact Us: If you have any questions about this Agreement, please contact us at:
- email@example.com; or
- PO Box 264, Bulimba QLD 4171 Australia