Proudly from the Northern Beaches of Sydney

By signing up for the One Day Websites service (“Service”) or any of the services ofOne Day Websites. (“One Day Websites”) you are agreeing to be bound by the following terms and conditions (“Terms and Conditions”). Any new features or tools which are added to the current Service shall be also subject to this Terms and Conditions. You can review the current version of the Terms and Conditions at any time on the website http://onedaywebsitedesigns.com.au/terms-and-conditions.One Day Websites reserves the right to update and change the Terms and Conditions by posting updates and changes to the One Day Websites website. You are advised to check the Terms and Conditions from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms and Conditions agreement and One Day Websites’s Privacy Policy before you may become a One Day Websites user. These terms and conditions should should be read in conjunction with any ‘quote’ and or invoice you have received from One Day Websites.

General Agreement Terms
  1. This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia.
Quoting & Payments
  1. Quotes will be given in writing and will be as accurately estimated as possible. Please thoroughly review all quoted items and clarify anything with One Day Websites if you are unsure of anything.
  2. All quoted amounts are valid for 30 days, except for 3rd party products listed which are valid for 13 days. If you are unsure of what is 3rd party and what is not, please seek clarification from One Day Websites
  3. All invoices are due within 15 days of the invoice being issued. One Day Websites will allow the client a 14 days grace period before the services of a debt collector are employed. Notice will be provided if an invoice is not paid in full and invoice due date will not be extended from the initial invoice issue date
  4. All prices are in AUD and are not subject to any tax
  5. Payments may be taken via Bank Transfer, using our website, or using a third party application that we direct you to for payment. All payment portals are secure. If paying through our website, your Credit Card will be used and the details stored on Stripe.com's services, securely. This allows you to make future payments hassle-free and quicker
  6. Customer must pay the agreed deposit upfront, which is 50% of the total quote if the total quote is over $500, unless otherwise specified. If the quote is under $500, the amount will need to be paid upfront before the commencement of work.
  7. Balances must be paid with 30 days of the deposit being paid, or before the website is put live - whichever is soonest.
  8. One Day Websites can refuse right to use or access any of its services to a client if the client breaches these terms, or for any other reason. This includes if a customer has not paid their account on time. If an outstanding balance is not paid on time, One Day Websites reserve the right to suspend any of the client's One Day Websites services or products
  9. One Day Websites offers services that are billed at our hourly rate. We will estimate the task accurately, but due to unforeseen circumstances, our final billable amount many vary from the initially estimated amount, and the outstanding balance will be this final amount as per the time taken to complete the job
Advertising
  1. One Day Websites reserve the right to advertise your service or product in a promotional manner. This may include but is not limited to social media, One Day Websites's portfolio, print and email newsletters. If you do not wish for us to promote your project in any way, please request from us and sign a non disclosure agreement before the project commences.
  2. One Day Websites will never promote your service or product in a negative way.
Cancellations & Refunds

General

  1. All deposits made are non-refundable. Deposits are not refundable due to change of mind or project scope, or due to any breaches of these terms.
  2. All balances are payable on a project as per below (does not refer to same day projects, please see below for details on same day projects):
    1. Websites: Once the home page design has been signed-off
    2. Logos and other graphic design work: Once the design brief has been submitted
    3. Extra Design, Plugin Installation or Integration with third party applications, third party softwares or third party products: balances are always payable for these jobs, even if a deposit is taken before commencing the job
  3. Customer cancellation of any One Day Websites Service or Product must be made in writing via email. Any outstanding balances remain payable, regardless of the stage of the project.
  4. If One Day Websites needs to employ the service of a debt collector, an administration fee of $350 will be added to the client's final outstanding balance
  5. One Day Websites bills clients for some services on a monthly, auto-billing basis. Each payment is for that coming month for the particular service, and once payment is taken it is not refundable
  6. One Day Websites do not offer refunds for service, service or software interruptions
  7. One Day Websites do not offer refunds for clients that have failed to understand what they have purchased and been quoted for.
  8. One Day Websites can suspend a client's Product or Service immediately and without any refund, if the client has breached any of our Terms and Conditions
  9. Any limitations of One Day Websites's products or services is not a valid reason for not paying outstanding balances or invoices, or requesting a refund. One Day Websites can provide demonstrations of our products and services before purchasing and can answer any questions the client may have.
  10. One Day Websites will not offer refunds for any add-ons or third party softwares that One Day Websites have purchased for the client to be used in the client's One Day Websites Service or Product, if the software does not work because of the Third Parties fault. In the event that the third party issues One Day Websites a refund, One Day Websites will issue a refund to the client for the faulty third party product only if the third party have refunded One Day Websites. One Day Websites will then refund the client the amount the third party has refunded back to One Day Websites, minus any transaction fees.

One Day Websites & Products

This includes any Services or Products that are quoted to be completed that same day (or, in ONE day)
  1. One Day Websites and Products are subject to the above terms except balances are always payable after a deposit is taken
Ownership of Content, Products and Services
  1. Clients are not permitted to sell, resell, store or give away One Day Websites content or services to other parties at any time
  2. The client agrees that any content they supply toOne Day Websites to be used in theirOne Day Websites Service or Product is not subject to any licensing restrictions that would cause a breach in copyright or any other licensing / trademarks.
General Use of Services and Products
  1. One Day Websites reserves the right to cancel or suspend a clients access to aOne Day Websites service or product if an account is being used inappropriately or abusively.
Websites
  1. One Day Websites advertise Website Plans with prices and these prices only apply to the ONE day websites. You, the client, may be quoted a different price to the advertised price to meet your business needs, be it more functionality through plugins, changes to the design templates and other things that will be outlined in your quote.
  2. Content editing and the managing of your website is handled in different ways as per the different Website Plans, and is outlined in the description of each Website Plan. Please pay careful attention to the plans and take time to understand what each is offering so that both our expectations are met.
  3. If your Website Plan does not cover One Day Websites making edits to your website for you, then you will be billed at our hourly rate if you request and agree to us making changes for you to your website. This will be estimated at the time of quoting but may vary due to unforeseen circumstances
  4. Any website is vulnerable to a "hack" or malicious activity and One Day Websites can not be held liable for any hacking or malicious activity to your website

Access

  1. One Day Websites do not provide cPanel access or FTP access due to security reasons. In the event you need or require FTP or cPanel access, you will forfeit theOne Day Websites Website Plan you are currently on and will either have a custom Website Plan recreated for you, or One Day Websites reserves the right to not provide a Website Plan which allows you this access. In the event you wish to pursue with this access level after we have denied the access, we can organise the packaging of your website for you to use with your new hosts.
  2. One Day Websites do not provide admin level access to the WordPress dashboard for any project, unless otherwise discussed and quoted as a custom Website Plan. No support will be provided by One Day Websites unless specified during the quoting or re-quoting process
  3. Unless otherwise agreed, all websites will have a discreetly placed ‘Website optimised by One Day Websites‘ or a similar link to theOne Day Websites website.

Backups & Updates

  1. Your website runs on the WordPress CMS software. We have softwares that ensure the following is automatically performed on your website
    1. WordPress Core updated as new minor versions are released
    2. WordPress Plugins updated as new versions are released
    3. WordPress Themes updated as they are released
    4. Backups of your WordPress files and Database to cloud storage

 

Financial Agreement

 

 

1. Account Terms

  1. You must be 18 years or older to use this service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that Same Day Studio will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Same Day Studio cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Same Day Studio account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms and Conditions as determined in the sole discretion of Same Day Studio will result in an immediate termination of your services.

2. Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms and Conditions and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms and Conditions.
  3. Upon completion of sign up for the Service, Same Day Studio will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Same Day Studio may also create a Same Day Studio Payments account on your behalf.
  4. You acknowledge that PayPal Express Checkout and/or Same Day Studio Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
  5. You acknowledge that all Publisher revenue due will be paid to the nominated PayPal account and it’s your responsibility to ensure the account is active to facilitate payment . Publisher payments are paid once per month based on your account balance as described in 10.7 below.
  6. Upon purchasing a domain name through Same Day Studio, domain registration will be preset to automatically renew so long as your Same Day Studio account remains active. Same Day Studio registers all domain names for a minimum of two years to aligned with the minimum Australian domain name registration period. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. General Conditions

You have read, agree with and accept all of the terms and conditions contained in this User Agreement and the www.samedaystudio.com.au.au/privacy before you may become a member of Same Day Studio.

  1. Technical support is only provided to paying account holders and is only available via email.
  2. You may not use the Same Day Studio service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Same Day Studio.
  4. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Same Day Studio or Same Day Studio trademarks and/or variations and misspellings thereof
  5. Questions about the Terms and Conditions should be sent to support@samedaystudio.com.au.au
  6. You understand that your Website Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Same Day Studio, is governed by its privacy policy at www.samedaystudio.com.au.au/privacy

4. Same Day Studio Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Website Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Same Day Studio customer, Same Day Studio employee, member, or officer will result in immediate account termination.
  5. Same Day Studio does not pre-screen Website Content and it is in their sole discretion to refuse or remove any Website Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Same Day Studio employees and contractors may also be Same Day Studio customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. Same Day Studio retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Same Day Studio reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

5. Limitation of Liability

  1. You expressly understand and agree that Same Day Studio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Same Day Studio or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Same Day Studio partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. Same Day Studio does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Same Day Studio does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Same Day Studio does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of Same Day Studio to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Same Day Studio and govern your use of the Service, superseding any prior agreements between you and Same Day Studio (including, but not limited to, any prior versions of the Terms and Conditions).

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Same Day Studio service. All material you upload remains yours. You can request MYWEB to remove your Same Day Studio website and delete your Same Day Studio account at any time. This will also remove all content you have stored on the Service.
  2. By uploading Website Content, you agree: (a) to allow other internet users to view your Website Content; (b) to allow Same Day Studio to display and store your Website Content; and (c) that Same Day Studio can, at any time, review all the Website Content submitted by you to its Service.
  3. You retain ownership over all Website Content that you upload to a Same Day Studio Website; however, by making your store public, you agree to allow others to view your Website Content. You are responsible for compliance of Website Content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to a Same Day Studio Website however, by making your store public, you agree to allow others to view your content.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

8. Themes

  1. You may establish the appearance of your Same Day Studio website with a design template provided with your website (“a Theme”). Same Day Studio is continually developing new themes and adding them to your website dashboard which you can access and activate to change the appearance of your website.
  2. If you commission Same Day Studio to modify a theme to suit your website the modifications will apply only to the theme you choose and cannot be transferred to another theme on that website. Custom modifications of a base theme can be transferred to another Same Day Studio website using the same base theme by a Same Day Studio employee. A transfer fee (hourly rate) is charged to replicate the custom changes to the same base theme used by another Same Day Studio website. Our hourly rate can be found on our pricing page and is subject to change without notice.
  3. Same Day Studio may add or modify the footer that refers to Same Day Studio at its discretion. Same Day Studio may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Same Day Studio may modify the Theme to reflect technical changes and updates as required.
  4. The intellectual property rights of the Theme remain the property of Same Day Studio. Same Day Studio themes cannot be used on websites that are not provided as a Same Day Studio Service. In the event of service cancellation and removal of website from Same Day Studio Services the currently used theme will be provided on export from our systems or if, at our sole discretion is technically too difficult an alternative theme will be provided.
  5. It is the responsibility of the user, and not Same Day Studio, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.

9. Advertising

  1. By agreeing to display advertising as part of the Service you agree to become a Same Day StudioAds (mywebads.com.au) Publisher (part of Same Day Studio Service) and be bound by the Publisher terms and conditions in this document and the Terms Of Use provided on the mywebads.com.au website. Same Day Studio reserves the right to update and change the Terms and Conditions by posting updates and changes to the Same Day StudioAds website. You are advised to check the mywebads.com.au website from time to time for any updates or changes that may impact you.
  2. Same Day StudioAds Publishers receive a discount on their service plans. Discounts are subject to change upon 30 days notice from Same Day Studio. Such notice may be provided at any time by posting the changes to the Same Day Studio Site (samedaystudio.com.au.au) or the administration menu of your Same Day Studio website via an announcement or the administration panel of your Publisher account or via email to the email you used to register your samedaystudio.com.au.au account.
  3. Placement and location of ads on your website is the sole discretion of Same Day Studio. Same Day Studio will endeavor to style the text ads to match the colour scheme of your website but this cannot be guaranteed.
  4. The number and type of advertisements is controlled by the number of advertisers and the decisions they make for placing the ads on the Same Day Studio Network. Same Day Studio cannot guarantee the volume, type or time of day they will be displayed on your site or the revenue you will earn as a publisher.
  5. You may cancel the placement of Same Day Studio advertising on your website at any time by contacting support@samedaystudio.com.au.au
  6. Same Day Studio reserves the right at any time to time to modify or discontinue your Same Day StudioAds Publisher account (or any part thereof) with or without notice. Cancelled Publisher accounts are required to change their Service to a non-discounted plan within 7 days or their Service will be terminated.

10. Payment of Fee

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
  2. The service will be billed in advance in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your Same Day Studio administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. Monthly subscription payments occur approximately 30 days after the day of sign-up and ongoing around the same day of each month. My web reserves the right to change and align customer monthly payments to a specified day each month and part bill up to that date to implement billing cycle changes.
  4. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  5. If you are a resident of Australia, Goods and Service Tax (“GST”) apply to your subscription to or purchase of some or all of Same Day Studio’s products and services, including without limitation, your subscription to or purchase of Same Day Studio’s ecommerce services, add-ons, themes and domains. The GST amount will be shown during sign-up and on any Same Day Studio invoice.
  6. If you are not a resident of Australia and not subject to GST then the shopping cart should detect your location and remove the GST amount. IF for some reason this fails then a statement by email to accounts@samedaystudio.com.au.au stating that: (i) you are not a resident of Australia.; (ii) you are not GST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Australia when Same Day Studio’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged GST applicable to your subscription to or purchase of Same Day Studio’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place outside of Australia, you must advise us immediately by email to accounts@samedaystudio.com.au.au
  7. Payment of any monies due on your Same Day StudioAds Publisher account will be made to a nominated PayPal account.
  8. Same Day StudioAds Publishers must reach the Minimum Publisher Payment (MPP) amount in earnings to be qualified for payment. If the MPP is reached then earnings are paid once per month. The MPP amount and payment date is specified in http://mywebads.com.au/terms-of-use
  9. Same Day Studio does not provide refunds.

11. Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@samedaystudio.com.au.au and then following the specific instructions indicated to you in Same Day Studio's response.
  2. Once cancellation is confirmed, your website will be immediately disconnected from the Service. All products and orders stored or synchronized to the Service will be immediately deleted, including, but not limited to the Same Day StudioNetwork. If you agreed to be a Same Day StudioAds publisher access to your account will be immediately suspended. All publisher account data is the property of Same Day Studio and deletion of data is the sole discretion of Same Day Studio. We strongly advise you to export any data prior to cancellation of Service but we will not give you notice or warn you to do so as we trust you have already performed this.
  3. Same Day Studio websites cannot be transferred away from Same Day Studio servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, Same Day Studio will prepare a set of files (“Files”) containing the contents of your website (website content, database and wordpress website files). An administration fee of $249 (+GST) is payable for this process. The administration fee is displayed on our Terms and conditions page http://onedaywebsitedesigns.com.au.au/terms-and-conditions and is subject to change without notice. Any third party plugin used by the Service for your website will supplied if the licensing agreement allows. Most often new licenses will need to be purchased directly with the supplier for your plugins to continue to function. It is your sole responsibility to apply for new licenses and activate the plugins after transfer. Managing, maintaining, upgrading and backing up the website also becomes your sole responsibility once the Files have been supplied.
  4. No responsibility can be taken by Same Day Studio for website or email disruption during any part of the transfer process.
  5. Same Day Studio cannot provide support for any website they do not host on their servers.
  6. Installation / setup of the website on another external hosting service is the sole responsibility of the User.
  7. Any outstanding revenues due to you as a Same Day StudioAds publisher will be paid out in the normal payment cycle.
  8. If you wish to continue as a Same Day StudioAds publisher then you will need to re-apply as an external partner and your history as an internal partner will be considered for approval. Re-activating an old account or providing a new account is the sole discretion of Same Day Studio.
  9. If you purchased a domain name through Same Day Studio, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider. Same Day Studio has no obligation to renew or follow the client up to renew any domain names they have with us. To transfer a domain to another registrar after service cancellation you will need to contact support@samedaystudio.com.au.au to provide the Domain Key (EPP) and it is the client’s sole responsibility to organize the transfer and subsequent renewals.
  10. If you cancel the Service in the middle of the monthly billing cycle, you will receive one final invoice for any outstanding amounts including transfer fees in 11.3 above via email. One week notice is required to complete cancellation of your Service. If you cancel less than one week before your monthly billing cycle due date an additional week will be added to your final invoice pro rata your last month’s bill.
  11. We reserve the right to modify or terminate the Same Day Studio service for any reason, without notice at any time.
  12. Fraud: Without limiting any other remedies, Same Day Studio may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

12. Modifications to the Service and Prices

  1. Prices for using Same Day Studio are subject to change upon 30 days notice from Same Day Studio. Such notice may be provided at any time by posting the changes to the Same Day Studio Site (samedaystudio.com.au.au) or the administration menu of your Same Day Studio website via an announcement.
  2. Same Day Studio reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Same Day Studio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. Third party software suppliers change their prices without notice. The Same Day Studio prices for the continued use of Same Day Studio addons requiring third party plugins or Same Day Studio prices for third party plugins installed directly on your website are consequently subject to change without notice.

13. Optional Tools

  1. Same Day Studio may provide you with access to third party tools over which Same Day Studio neither monitors nor has any control or input.
  2. You acknowledge and agree that Same Day Studio provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Same Day Studio shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. Same Day Studio strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.

14. Support

  1. Same Day Studio has spent thousands of hours developing a platform that allows users to build a website to promote their products and services by themselves. Removing the requirement of assistance or advice from Same Day Studio staff has allowed us to offer the Service at a highly competitive price. There are no initial or ongoing design and development fees. There are no lock in contracts.
  2. The self-service platform means Same Day Studio can provide the Service without or
  3. The Service provides starter templates and page building tools for the user to build their website from scratch and offers a knowledge base as a self-service support tool.
  4. If assistance is required from Same Day Studio staff then this can be acquired by submitting a support ticket. A Support ticket must be purchased online at www.mywebsupport.com.au before advice can be given.
  5. A support ticket expires once the issue is resolved or it has been more than 48hrs since the last response from the Same Day Studio user.
  6. Once a support ticket expires further support from Same Day Studio staff can only be acquired by purchasing another support ticket.

15. Domains

  1. You can register a domain with Same Day Studio before, during or after sign up to the Service. You will need a domain for the Service to function.
  2. Same Day Studio cannot guarantee a requested domain name will be available.
  3. Domain names registered with Same Day Studio will always remain the property of the Customer.
  4. Same Day Studio understand you might already have a domain registered before signing up for the Service. All management of domains by third party providers remains your responsibility before, during and after using the Service.
  5. If you intend to keep your domain registered with your third party provider then it is your responsibility to contact them to make the necessary changes to make your website work with the Same Day Studio Service. Service information will be provided at sign up for you to provide to your third party domain registration provider to make the required changes to your domain to work with our Service. This information is also available in the knowledge base and if required advice can be given through the ticket system.
  6. If you would like Same Day Studio to manage your domain and make the necessary changes to work with our system we require that the domain is transferred to the Same Day Studio domain registration service. Transfer will require you registering the domain for another period (usually one or two years, depending on the domain type). The domain will remain your property. It is your responsibility to request the domain password from your third party provider and provide it to Same Day Studio to allow the transfer to take place.
  7. An administration fee of $90 (+GST) applies to domain name transfers to Same Day Studio. This fee is paid in advance and subject to change without notice.
  8. If you decide to transfer your email to Same Day Studio with your domain please read section 15 emails below carefully.
  9. You may transfer the domain away to any third party provider by contacting us at support@mywebdesigner.com.au and we will supply the Domain Key (EPP). The rest of the transfer is the responsibility of the third party service you’re transferring to. We do not charge an administration fee to provide the password. Any additional configuration required by Same Day Studio to facilitate the transfer is charged at our standard hourly rate – see section 18 hourly rate below
  10. No responsibility can be taken by Same Day Studio for email disruption during any part of the transfer process.

15. Emails

  1. If your domain is registered with Same Day Studio you are eligible for up to 5 email accounts.
  2. The total storage provided for all email accounts for your domain is 250Mb
  3. Same Day Studio only provides POP3 email where the emails are permanently downloaded of the server and old emails store on the server are purged after 30 days. The 30 day duration can be reduced if your emails reach the storage space limitations.
  4. Permanently backing up your emails locally on your computer or remotely on cloud storage is strongly recommended for disaster recovery purposes. Permanent backups of email remain the sole responsibility of the customer. Same Day Studio do not back up emails.
  5. If you need or want IMAP mail we recommend Gmail or Office 365. We can setup your domain to use either of these services. There is an administration fee for this set up which is currently $90 (+GST) and subject to change without notice.
  6. If you choose to transfer your domain to or away from Same Day Studio domain registration services, no responsibility can be taken by Same Day Studio for email disruption during any part of the transfer process

16. Back-ups and Maintenance

  1. Same Day Studio provides a backup for the last 24 hours. Any website changes older than 24hrs will not be recoverable
  2. We strongly recommend users signup for the additional Cloud Backups option to secure an incremental backup of their website to our cloud server for peace of mind. This provides daily backups for a week and monthly backups for a year. We can provide a copy of the yearly backup on request to support@samedaystudio.com.au for an administration charge of $90 (+GST). This charge is subject to change without notice.
  3. Same Day Studio manages the maintenance of your website whilst you remain signed up for the Service

17. Server Space and Bandwidth

  1. To prevent abuse of the system resources we limit the server space allocated to each website to 1Gb (10 x the average website use)
  2. To maximize the storage capacity and page load speed the Service includes algorithms to reduce the resolution and compress images on upload. Optimizing image resolution and size will also improve your results in search engines.
  3. Same Day Studio websites share hosting resources. Bandwidth is limited to 5Gb (20 x the average website use) per website per month. This stops other websites taking more than their fair share and ensures your website displays at optimum speed.

18. Hourly rate

  1. Our current hourly rate is $90 + GST and is subject to change without notice.

19. Lawful Purpose

  1. The Customer may only use Same Day Studio servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

20. Governing Laws

  1. This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia..

21. SEVERABILITY

  1. Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.