GENERAL TERMS AND CONDITIONS
Updated 2 January 2021
These terms and conditions apply to all services provided by the Bailey Jack Family Trust (ABN 84 787 766 702) trading as emanation.
SERVICES, WARRANTIES AND DISCLAIMERS
CONFIDENTIALITY
INTELLECTUAL PROPERTY AND COPYRIGHT
PRIVACY POLICY
REFUNDS AND RETURNS
TERMINATION
GOVERNANCE AND SEVERABILITY
ACCEPTANCE
Updated 2 January 2021
These terms and conditions apply to all services provided by the Bailey Jack Family Trust (ABN 84 787 766 702) trading as emanation.
SERVICES, WARRANTIES AND DISCLAIMERS
- emanation provides website, social media, email marketing and other business solutions.
- emanation does not provide legal, financial or taxation advice and nothing it provides is to be construed as such.
- It is the responsibility of the client to conduct their own due diligence and evaluate if the services and strategies suggested by emanation are right for them and their business.
- The success of any business or marketing strategy, tactic or concept is largely dependent on factors beyond the control of emanation. No representations, warranties or guarantees of success of income by employing the strategies suggested or provided by emanation are made or implied.
- emanation is not responsible for delays caused by the client failing to provide information or content in a timely manner and shall not be financially penalised for such delays.
CONFIDENTIALITY
- emanation agrees that all information pertaining to the clients business will remain confidential.
- emanation shall maintain all personal information in accordance with its Privacy Policy.
- The client shall not share with any other parties the systems, strategies and methodologies implemented by emanation.
INTELLECTUAL PROPERTY AND COPYRIGHT
- emanation may share its intellectual property when providing its clients with services.
- The client agrees to only use emanation's intellectual property for the purpose in which it was provided and shall not share emanation's intellectual property with any third parties.
- It is the client's responsibility to either own or obtain permission to use any content or materials it provides emanation.
- emanation will transfer the copyright of all custom content it prepares for the client to the client upon on the completion and full payment for the project.
PRIVACY POLICY
- emanation supports, but is not bound by the Australian Privacy Principles applicable from 12th March 2014. However, these principles are the foundation of our Privacy Policy.
- emanation collects information about its prospects and clients in order to promote and conduct business which is securely stored at emanation's headquarters in both physical and/or electronic means.
- All financial details including credit card information is used, stored or destroyed according to the policies of our payment gateway (currently Stripe). Any electronically stored information is both encrypted and password protected.
- Information held by emanation will not be shared with any third parties without permission unless required by law.
- emanation will take reasonable steps to ensure the information kept is correct and up to date.
- Clients may request to view any information we hold about them.
- emanation offers its services on a prepaid basis.
- We accepts payment via credit card (Mastercard/Visa), bank transfer.
- Direct debit via credit card is our preferred payment method to ensure continuity of service.
- Direct debit payments are processed securely upon commencement of the agreed work for a maximum of 30 days in advance of services rendered. (e.g. 12 months of business coaching would be paid in 12 equal installments at the beginning of each month for services rendered during that month.)
- Alterations to recurring payments require 7 days notice by the client prior to the next billing period.
- Payments for recurring services will continue until cancelled in accordance with emanation’s Termination policy.
- Client credit and payment plans may be offered at the discretion of emanation and will continue until all agreed payments have been made.
- Financial details including credit card information are managed in accordance with emanation’s Privacy Policy.
REFUNDS AND RETURNS
- emanation is not required to provide a refund if you change your mind.
- However, emanation will honor refund requests where a service is not delivered or significantly different to the description sold in accordance with Australian Consumer Law.
- A refund will not be provided for delays caused by the client failing to provide information or content in a timely manner.
TERMINATION
- Many of emanation’s services are offered on a month to month basis and are referred to as recurring services and payments in our credit terms.
- These services may be cancelled at anytime by providing 30 days notice by either party prior to the next billing period.
- Services that are offered on a fixed period basis are automatically terminated at the end of the period with early termination subject to the terms provided at the time of sale.
GOVERNANCE AND SEVERABILITY
- These terms are governed by the laws of Western Australia.
- If any provision is determined to invalid by law then that provision will be fully severable and the remaining provisions will apply.
ACCEPTANCE
- Signing of a commitment documents, or payment of any invoice, or for any service provided by emanation signifies the client's acceptance of these terms and conditions.