Terms and Conditions

Thank you for visiting our website. This website is owned and operated by RYAN SHARP TRADING AS CREATE THE ORIGINAL (ABN 79 595 096 326). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.createtheoriginal.com/privacy-policy/) (Terms). You should review our Privacy Policy and these Terms and Conditions carefully. Immediately cease using our website if you do not agree to these Terms and Conditions.

In these Terms and Conditions, ‘us’, ‘we’ and ‘our’ means RYAN SHARP TRADING AS CREATE THE ORIGINAL.

This Agreement is between RYAN SHARP TRADING AS CREATE THE ORIGINAL (ABN 79 595 096 326). (hereafter referred to as “Service Provider”) and all its members (hereafter referred to as “Client”) unless the context requires otherwise.

1. The Service provider, and/or its assignee does not guarantee any type of profit or response from said services.
2. The Client shall irrevocably indemnify the service provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assignee may sustain, and/or to hold the service provider and/or its’ assigns harmless to which the service provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

The Website Terms of Use of this agreement is governed by and will be construed according to the laws of Queensland, Australia.

Services

The service provider agrees to provide the client a WordPress website and management service.

The subscription service and the website platform setup for the client is available for the client to use, so long as the subscription payments are made or if the client arranges a buyout of the service. Please see section (15) fifteen for cancellation details.

Service Fee

     The client agrees:

1. To pay the fees that shall be charged to their account as a result of using the Create The Original service, including but not limited to:
   1. Subscription fees.
   2. Fees for supplemental services or features;

• Additional website customisation; and

1. Purchases made through the use of the service provider.

2. That subject to any applicable law, fees and charges, Create The Original services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.

Effective Date

1. This Agreement and the client’s use of Create The Original’s services shall become effective on the date the order is submitted by the client;
2. Unless amended or termination notice is submitted by the client, at least seven (7) days prior to the expiration of the agreement, the agreement between the parties shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed.

For account cancellation, refer to the CANCELLATION POLICY found in section (15) fifteen.

Method of Payment

1. The client shall provide a valid payment method prior to and during any time the client receives Create The Original’s Services.
2. Any client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the client stays on the service.
3. Receipts for the payment transactions will be emailed directly to the client through Stripe.com, the secure payment merchant of the Service Provider.
4. The client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options.
5. The client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due,
6. Any billing problems or discrepancies must be brought to Create The Original’s attention within sixty (60) days from the date the client is billed. If the client does not bring them to the Service Provider’s attention within sixty (60) days, the client agrees to waive their right to dispute such problems or discrepancies with the Service Provider.
7. Any billing-related questions or to stop a recurring payment from being charged to the designated payment method email, sales/billing support on support@createtheoriginal.com

Account Termination

The membership & hosting shall be terminated on the following grounds:

1. Service fees are unpaid after more than 30 days;
2. Violation of the Terms of Service Policy, Partner Terms, or Policy Terms;
3. Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.

The Service Provider shall exert earnest effort to notify the client before terminating the subscription.

Warranties

1. The Service Provider makes no warranties to the client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.
2. The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.
3. The Service Provider shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:
   1. the use or the inability to use the service;
   2. cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

• unauthorized access to or alteration of your transmissions or data;

1. statements or conduct of any third party on the service;
2. or any other matter relating to the service.

4. The Service Provider shall take all reasonable precautions to ensure database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our client’s data except for through the daily backups of the clients website which is stored on a ‘best effort’ basis and taken automatically via SiteGround (third party hosting provider).

Terms

The Client agrees to:

1. Use the website in a manner that is legal, ethical and in conformity with community standards;
2. Respect the privacy of other users in such manner that they shall not intentionally seek data or passwords belonging to other users, nor will they modify files or represent themselves as another user unless explicitly authorized to do so by that user;
3. Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
4. Accept notifications of service changes, commercial email and similar offers presented via email.
5. In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the client prior to account termination.

Assignment

1. This Agreement is personal to the client, and in case of assignment wherein the client allows someone to use their account, the client agrees to:
2. Seek the prior written consent of the Service Provider;
3. Remain liable to the Service Provider for any fees due under this Agreement.
4. The Service Provider retains its right to assign this Agreement at any time.

Change of Terms and Conditions

1. The Service Provider reserves the right to change the terms and conditions of this Agreement as needed.
2. The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.
3. Non-acceptance to the new terms and conditions, the client may terminate this Agreement in accordance with the cancellation policy provided under Section 15 on Cancellation.
4. The Service Provider shall give thirty (30) day notice prior to changing subscription rates.

Notification of Account Changes

The Client agrees to:

1. Provide information relating to the use of this service as deemed necessary or desirable by the Service Provider.
2. Notify the Service Provider of their address, email address, telephone number or billing information changes.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery:

if delivered personally to the party to whom notice is to be given;

if sent by electronic mail with a cc: to sender;

Or on the third day after mailing by express mail.

1. This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.
2. If an organisation is the subscriber, the individual signing up for Create The Original’s services, represents that they are duly authorized to enter into this Agreement on behalf of that organisation.
3. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within the Service Provider’s state and county, before instituting litigation.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts.
2. The service is billed at the end of each month of subscription and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
3. For clients in Australia, the fees exclude GST. However, for international clients, all fees are exclusive of any tax and other duties.
4. For any upgrade or downgrade in plan level, the credit card supplied by the client will automatically be charged the new rate on the next billing cycle provided (7) seven days notice has been allocated to the upgrade/downgrade.
5. Downgrading the service may cause the loss of content, features or capacity of the client’s account. Create The Original will not be made liable for such loss.
6. Clients who are not satisfied with the quality of the service can request for their money back according to refund policy with the with the following terms;
   1. The website package must have been purchased within the last 90 days.
   2. Create The Original agrees that the work completed on the website is defective. The 90 day refund policy exists to protect clients against the potential of poor work quality. As such, refunds will not be granted for any other reasons including but not limited to; change of mind, closing or liquidation of business, or financial hardship.

• To be eligible for refund, the client must NOT have requested the domain to be mapped to send the site live, which constitutes acceptance of the services as completed.

7. Several types of products are exempt from this guarantee including:
   1. Create The Original Hosting & Maintenance Memberships;
   2. Additional third-party integrations & plugins billed to the customer separately to the website set-up.
8. A client who purchased a website over 90 days ago and opts not to continue the website build may be granted credit with Create The Original (minus an administration fee of $200) on the condition that:
   1. The website build has not commenced;
   2. The client has not completed the initial video planning session to plan their website with us;
   3. The order was placed less than 6 months ago; and
   4. Said credit may only be used on any other Create The Original products or services;
   5. To request a refund or credit, submission must be made via email to support@createtheoriginal.com

Account Terms

The client agrees that:

1. They must be 13 years or older to use the service.
2. The assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
3. They shall provide their full legal name, a valid email address, and any other information requested in order to complete the signup process.
4. They are the owner of the credit card supplied. If another person or company owns the credit card provided, they agree to have the proper authority’s consent.
5. Login may only be used by one person – additional logins for the same account can be requested by contacting support@createtheoriginal.com
6. They are responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the client to comply with this security obligation.
7. They are responsible for all Content posted and activity that occurs under their account (even when Content is posted by others who have accounts under the client’s account).
8. They shall not use the Service for any illegal or unauthorized purpose.
9. They must not, in the use of the service, violate any laws. (including but not limited to copyright laws).

Cancellation and Termination

1. The client is solely responsible for properly cancelling their account by emailing the Service Provider at support@createtheoriginal.com. Text message and social media messages will not be taken as receipt for cancellation.
2. Create The Original is a subscription service. To use the platform the client must continue to pay the subscription fee.
3. Termination will occur if payment is not made. The Client will be notified of such occurrence.
4. The Content of the client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via support@createtheoriginal.com.
5. If the client’s cancellation of service is made seven days before the end of the client’s current paid up month, cancellation will take effect immediately and there shall be no additional charges thereafter.
6. The Service Provider, in its sole discretion, has the right to suspend or terminate the client’s account and refuse any and all current or future use of the Service, or any other Create The Original service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the client’s Account or their access to the Account, and the forfeiture and relinquishment of all Content in the said Account.
7. The Service Provider reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Service and Prices

1. The Service Provider reserves the right to modify or discontinue temporarily the service (or any part thereof), provided it notifies the client a minimum of 30 days before doing so.
2. Should the Service Provider decide to discontinue the service permanently, it shall notify the client at least 60 days beforehand.
3. Prices of all Services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Create The Original’s website.
4. The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. The Service Provider claims no intellectual property rights over the material provided by the client to the Service.
2. The website content, photos, user data and materials uploaded remain to be the client’s property. However, by setting the pages to be shared publicly, client agrees to allow others to view and share the Content.
3. Client agrees to own the rights to publish any content supplied to Create The Original for the construction of the website and for any content you upload to the website.
4. The Service Provider does not pre-screen Content, but Create The Original and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available by the client via the Service.
5. The look and feel of the website Service is copyright ©Create The Original, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.

General Conditions

1. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.
2. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.
3. This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings.
4. No waiver shall be binding unless executed in writing by the party making the waiver.
5. The client’s use of the Service is their sole risk. The service is provided on an “as is” and “as available” basis.
6. Technical support is only provided to paying account holders and is only available via email.
   1. If the client is on a hosting only subscription, an hourly rate of $125+GST shall be charged for work requested.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Create The Original customer, employee, member, or officer will result in immediate account termination.
8. The client understands that the technical processing and transmission of the Service, including its Content, may be transferred unencrypted and involve
   1. transmissions over various networks; and
   2. changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. The results that may be obtained from the use of the service will be accurate or reliable;
    1. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
    2. any errors in the Service will be corrected.

Questions about the Terms of Service should be sent to support@createtheoriginal.com