TERMS OF PARTICIPATION
Please READ carefully. By purchasing and registering for this service, the following Terms and Conditions (the “Terms”) are entered into by Amy Fraser (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to individually as a “Party” and collectively as the “Parties” in these Terms.
PROGRAM
Company agrees to provide the program titled, “Template Customisation” (herein referred to as the “Program”) as outlined on the web page where You register, which includes:
Customization of a website template provided by the Company
A 1-hour brand strategy call if deemed necessary
A 30-minute website strategy call
A provided brand colours palette, consisting of 4-6 colours, 2-3 fonts, and a brand vision.
Customised desktop and mobile versions of your customised website template, including complete mobile + desktop optimization of the Home Page, About Me Page, Services Page, Sales/Event Page and Contact Page.
Admission and access to the exclusive and private Yogi Web Facebook group for Yogi Web customers only.
Access to instructional videos & a guidebook to help aid and guide you through maintaining your website template.
FEES AND PAYMENT METHOD
You may choose between a single payment of $1,350 AUD (due immediately and when paid in full) or 2 equal payments of $725.00 AUD. If you select the payment plan, you must pay the initial payment today and then the second payment before your design project begins, for a total payment of $1,450 AUD. If you opt for 2 payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any of the promised features.
The client is paying via direct deposit.
Client understands and agrees that Client is financially responsible for all payments, whether paid in full or in a payment plan (listed above). If payment is not submitted on a payment plan on time after we’ve tried to collect it, the remaining balance + 30% will be sent to a collections agency of our choosing.
All of the personal information that the Client provides as part of the payment process may be collected by both the Company and Company’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle our customer’s personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from Ours. The company has no liability or responsibility for the independent policies of the Company’s third-party payment processing providers. The client is encouraged to read the independent policies on third-party payment processing providers’ websites.
We do not tolerate or accept any type of chargeback from the Client’s credit card company. If the said client needs to terminate this agreement prior to the Program, the client releases all money already paid in order to secure the day on the Company’s schedule. For this, there are no refunds whatsoever.
Client agrees to abide by these Terms and to pay Company’s invoices on time and agrees to the late payment clause in this agreement, listed below.
Due to the nature of the Program and the services provided by the Company, there are no refunds, for any service provided by the Company under this Program. .
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated.
If the Client has an unpaid invoice for more than 10 days, we hold the power to drop the client relationship, and the project will be terminated.
Website Templates by Yogi Web Disclosure:
It is understood that “Made w/ Love by Yogi Web” is to remain on the site for it’s existence to give credit to my design team and the efforts we’ve made. It is to remain hyperlinked to Yogi-Web.com and should not and cannot be removed unless communicated and okayed by Amy Fraser, founder of Yogi Web.
Independent Contractor Status:
It is expressly agreed and understood that the Company is performing services under this Agreement as an Independent Contractor of the Client and that Company is neither an employee nor an agent of the Client. The company will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. Company agrees to pay all applicable taxes which may arise as a result of Company’s performance under this Agreement and to comply with any and all laws and regulations applicable to Company’s performance or that of any employee or subcontractor. Company will have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Client.
Work Product and Proprietary Information:
It is understood and agreed that all deliverables produced by Company under this Agreement become the property of the Client once “Client” pays all compensation due under this Agreement in full, including the entire website created in Showit. In the event that any deliverable is a work embodying intellectual property rights, including, but not limited to, copyright rights and other proprietary rights, the Company hereby assigns to Client all rights, titles, and interests therein.
Company retains the ability to use the deliverables produced under this Agreement for marketing, promotional, social media, and/or educational purposes provided that (i) data will be anonymized, except for Client’s name, domain URL, information other than any of the clients intellectual or private property and (ii) Company protects Client’s private data at all times. Client agrees that the Service Provider is able to use the site, after and while it’s being worked on in any marketing materials they so choose.
It is further understood and agreed that any client-specific information developed, obtained by, or provided to Company under this Agreement shall be and remain the property of the Client and will be subject to the Client's sole control once the said project and agreement have been commenced.
Client hereby authorizes, releases, and consents to the Company for any use of Client’s name, likeness, image, voice, and written word for promotional or advertising purposes.
Any design designed by the Company cannot be re-sold or redistributed in any way to a third party unless as an affiliate marketing partner of the Company. If in the case another designer works on this website created by the Company in the Website in a Day experience, the website shall remain with the “Made w/ Love by Yogi Web” in the website’s footer with the text hyperlinked to yogi-web.com for a period of five years after these terms have been agreed upon by Client.
Confidentiality:
In the course of performance under this Agreement, the Company may receive confidential information from the Client or its clients that pertains to client matters or the business of the Client without which the Company would not be able to perform the Company’s services for the Client.
"Confidential Information" includes all information, technical data, or know-how, including, but not limited to, that which relates to the Client's research, products, hardware, software, designs, inventions, ideas, processes, drawings, business plans, product implementations, financial information, marketing techniques, business operation and systems, pricing policies, information concerning employees, customers, and/or vendors disclosed by one party to another in writing, orally, by inspection, or otherwise
Confidential Information shall include all information of which unauthorized disclosure could be detrimental to the interests of the Client whether or not such information is identified as Confidential Information by the Client.
Confidential Information does not include information that Company can demonstrate:
i. was in Company’s possession prior to it being furnished to Company under the terms of this Agreement, provided the source of that information was not known by Company to be bound by a confidentiality agreement with, or other continual, legal or fiduciary obligation of confidentiality, to Client;
ii. is now, or hereafter becomes, through no act or failure to act on the part of either party, generally known to the public;
iii. is rightfully obtained by Company from a third party, without breach of any obligation to Client; or
iv. is independently developed by the Company without use of or reference to the Confidential Information.
The company agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Agreement. The company will take reasonable steps to maintain such confidentiality and obtain similar commitments from any employee or subcontractor to whom such information must be disclosed in the course of performance.
Non-Exclusivity:
The Parties hereby acknowledge and agree that this Agreement is non-exclusive. The client may contract with third parties who perform the same or similar services as those performed by Company and Company may contract with and perform services for as many additional third parties as Company sees fit, without any restriction or limitation.
Assignment:
Neither Company nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.
Notices:
Any notice required or desired to be given pursuant to this Agreement shall be deemed to have been given when in writing and shared via email to the Client at the Client’s email address on file or entered upon registration for the Program, and to the Company at Company’s email address: hello@amyfraseroo.com.
Termination:
This Agreement will terminate if Amy Fraser decides to work together is not a good fit. No returns of any products or refunds will be given.
Entire Agreement:
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations, and understandings, whether written or oral, with respect to the subject matter hereof.
No Warranties
COMPANY’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLIENT AGREES THAT COMPANY IS NOT LIABLE TO CLIENT OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
Client Cooperation
Should Company be required to defend itself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Company deems useful to it free of charge.
Severability in Event of Partial Invalidity:
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
Waiver:
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
Dispute Resolution:
This Agreement will be governed by and interpreted in accordance with the laws of the Queensland, Australia without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Queensland, Australia, excluding that State’s conflict of laws principles.
The Parties hereby irrevocably consent to the jurisdiction of the state and federal courts located in Queensland, Australia in any action arising out of or relating to this Agreement. By signing this Agreement, both Parties submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non-conveniens.
Deliverables Needed by Client To Complete The Program:
(a) This section constitutes a strict deliverable agreement to ensure that the Company is able to perform the tasks outlined in section one. The following materials need to be given to us by the completion of the website:
1. Website Template needs to be picked out by the client
2. Client needs to be signed up for Showit on a paid plan of their own
3. Client needs to add Showit Key into their account prior to design
4. Client needs to reach out to Showit for a domain transfer to get the appropriate URL
5. Client needs to already have purchased domain
6. Client needs to migrate blog or podcast if there is one
7. Gather testimonials from past clients to use on the website
8. Create freebies or lead magnets to use on the website
9. Website copy for each of the pages
10. External links that will be used on the website
11. Legal pages consisting of Terms of Use, Terms and Conditions, and Policy Page all need to be created prior to the call. If you choose to not use them or want to launch without them, Amy Fraser and Yogi Web are not responsible for any compliance issues or legality concerns related to your choice.
12. Clients' photos need to be submitted to the Company prior to design.
TESTIMONIAL POLICY
As you’re participating in the Beta program for a heavily discounted price, you are required to record a testimonial to be used on Yogi Web social media and website. You may document this as a short video, written testimonial or both. If a testimonial is not provided, Yogi Web reserves the right to refuse the handover of the website until it is provided.
Rescheduling and Cancellation Policy: Things happen, We understand. We allow one reschedule per client if done more than 24 hours before we’re supposed to start our session. If there is an emergency within 24 hours, please contact us to figure out how we can make things work in the future.
(b) I expect my clients to be communicable for the entirety of the design process. If questions arise, you are expected to respond within 3 business days. If I’m designing, and haven’t heard back from you in over 3 days, I will move forward with the said designs and you will lose the option to give edits on that section. I don’t want this to ever happen, so please be attentive! Please let me know if you have things going on, so that I know when I can expect you to be busy.
Miscellaneous:
(a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.
(b) Nothing that the Company designs can be resold, or repurposed into an item for sale, like a template or brand kit.
(c) Made with Love by Yogi Web is to remain on the Footer of the website for the duration of its life unless agreed upon by the Company.
(d) It is the client's responsibility to provide all content, including images, copy and external links. If said content isn’t provided, it can prevent the site from going live. The client can also choose to launch on their own terms if their timeline is geared towards a specific date or other reasons, and releases the Company Service Provider from the responsibility to launch the new website that’s been created.
(e) The Program is a partnership and collaboration and both parties must work together to complete this project efficiently.
(f) If Client has not paid an invoice for more than 30 days, the Company may refer the collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees or collections agency fees as well as the Company deemed time spent on collecting this payment.
(g) Company reserves the right to discontinue work until the compensation due pursuant to this Agreement is paid in full. Company reserves the right to terminate this Agreement upon Client’s failure to pay the compensation due to Company pursuant to this Agreement.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.
Company: Amy Catherine Fraser
Founder and Designer at Yogi Web
Email: hello@amyfraseroo.com
Business Address: 713 Kooralgin Rd, Yarraman QLD 4614
Date created: March 20th, 2023