TERMS & CONDITIONS
By purchasing a Website Day, you’re agreeing to Soulful Design and, or Ayana Goetgheluck’s terms of use.
Engagement & scope of work of Website Day
Service Provider and Client hereby agree that during the term of this Agreement the services to be performed by Service Provider will consist of:
Website Day with Ayana Goetgheluck consists of the customisation of a template from Soulful Design, in one day, including:
-A full website including Home, Offerings, About, Contact pages
-Desktop + Mobile versions
-Email + Voxer support for two weeks after finishing the project
-A PDF tuto on how to use your Squarespace backoffice
The website template that we begin with will be supplied by Soulfuldesign.com.au at no additional cost.
Compensation
As compensation in full for any services Service Provider performs under this Agreement, including incidental office expenses and transportation costs, the Client will pay Service Provider a fee of AUD$3,333 if the Website Day is paid in full, or two equal payments of $1,777 to be paid within 30 days of purchasing Website Day and agreeing to these terms of use.
Client is paying via Stripe.
Client understands and agrees that Client is financially responsible for all payments, whether paid in full or in a payment plan (listed above).
All of the personal information that Client provides as part of the payment process may be collected by both Service Provider and Service Provider’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read Service Provider’s Privacy Policy with respect to how Service Provider handles Service Provider’s personal information.
Service Provider’s third-party payment processing providers may have privacy policies and terms and conditions that differ from Service Provider’s. Service Provider has no liability or responsibility for the independent policies of Service Provider’s third-party payment processing providers. Client is encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
Service Provider does not tolerate or accept any type of chargeback from Client’s credit card company. If said client needs to terminate this agreement prior to the Website Day, the client releases all money already paid in order to secure the day on the Soulful Design books.
Client agrees to abide by this Agreement and to pay Service Provider’s invoices on time, and agrees to the late payment clause in this agreement, listed below.
There are no refunds, returns, or exchanges for any service from Soulful Design.
Conditions
This Agreement will not take effect, and Service Provider will have no obligation to provide services, until Client returns a signed copy of this Agreement and pays for the one-day intensive session.
Website Templates by Soulful Design Footer Section
It is understood that “MDE BY SOULFUL DESIGN” is to remain on the site for its existence to give credit to my work. It is to remain hyperlinked to soulfuldesign.com.au and should not and cannot be removed unless communicated and agreed by Ayana Goetgheluck, founder of Soulful Design.
Rescheduling and Cancelation Policy
I allow one reschedule per client if done more than 24 hours before we’re supposed to start our intensive session. If there is an emergency within the 24 hours, please contact me to figure out how we can make things work in the future.
Miscellaneous
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 during the one-day intensive. Client can also choose to launch on their own terms and timeline if geared towards a specific date or other reasons, and releases the Service Provider from the responsibility to launch the new website that’s been created.
The Website Day is a partnership and collaboration and both parties must work together to complete this project efficiently.
Late Payments
If Service Provider has not received payment in full, from Client within 5 days after the date of the invoice, there will be a AUD$122 fee. If client has an unpaid invoice for more than 10 days, the client relationship will be terminated and all materials will be sent over as is.
If Client has not paid an invoice for more than 30 days, Service Provider may refer 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 Service Providers deemed time spent on collecting this payment.
Soulful Design reserves the right to discontinue work until the compensation due pursuant to this Agreement is paid in full. Soulful Design reserves the right to terminate this Agreement upon Client’s failure to pay the compensation due to Soulful Design pursuant to this Agreement.
You have the right to pay for any Soulful Design product or service in full. If you choose to pay using a payment plan provided by Soulful Design using PayPal as a third-party payment option, you agree to pay each payment on time (within 31 days of last payment) and in the full amount.
Independent Contractor Status
It is expressly agreed and understood that Service Provider is performing services under this Agreement as an Independent Contractor of the Client and that Service Provider is neither an employee nor an agent of the Client. Service Provider will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. Service Provider agrees to pay all applicable taxes which may arise as a result of Service Provider’s performance under this Agreement and to comply with any and all laws and regulations applicable to Service Provider’s performance or that of any employee or subcontractor. Service Provider 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 Service Provider 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 Squarespace. In the event that any deliverable is a work embodying intellectual property rights, including, but not limited to, copyright rights and other proprietary rights, Service Provider hereby assigns to Client all right, title, and interest therein.
Service Provider 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) Service Provider protects Client’s private data at all times.
It is further understood and agreed that any client-specific information developed, obtained by, or provided to Service Provider 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 has been commenced.
Any design designed by Soulful Design cannot be re-sold or redistributed in any way by a third party unless as an affiliate marketing partner of the company. If in the case another designer works on this website created by Ayana Goetgheluck in the Website Day experience, the website must remain with the MADE BY SOULFULD DESIGN in the website’s footer with the text hyperlinked to Soulfuldesign.con.au for a period of five years after these terms have been agreed upon by client.
Confidentiality
In the course of performance under this Agreement, Service Provider may receive confidential information from the Client or its clients that pertain to client matters or the business of the Client without which Service Provider would not be able to perform Service Provider’s services for the Client.
"Confidential Information" includes all information, technical data, or know-how, including, but not limited to, that which relates to 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 Service Provider can demonstrate:
i. was in Service Provider’s possession prior to it being furnished to Service Provider under the terms of this Agreement, provided the source of that information was not known by Service Provider 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 Service Provider from a third party, without breach of any obligation to Client; or
iv. is independently developed by Service Provider without use of or reference to the Confidential Information.
Service Provider agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Agreement. Service Provider 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. Client may contract with third parties who perform the same or similar services as those performed by Service Provider and Service Provider may contract with and perform services for as many additional third parties as Service Provider sees fit.
Assignment
Neither Service Provider 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 (a) personally served, or (b) sent by e-mail to the address set forth below the signature of the person to whom notice is sought to be given, and mailing by deposit into the Australian mail, postage fully prepaid, addressed to the respective Party to whom the notice is being given at the address below the signature of that Party, or (c) at such other email address or mailing address as the respective Party may designate by notice given pursuant to this paragraph.
Termination
This Agreement will terminate if Ayana Goetgheluck 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.
Business Licenses, Permits, and Certificates
Service Provider represents and warrants that Service Provider and Service Provider's employees and contract personnel will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement.
Insurance
Service Provider represents and warrants that Service Provider will maintain, at Service Provider’s sole expense, any necessary insurance, including, but not limited to, automobile, professional liability, personal injury, property damage, and general liability insurance.
Indemnification
Client shall indemnify and hold Service Provider harmless from any and all loss or liability arising from performing services under these terms. Client agrees at all times to defend, hold harmless, and indemnify Service Provider from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from Client’s use of Service Provider’s services.
SERVICE PROVIDERS’ SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLIENT AGREES THAT SERVICE PROVIDER 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.
Should Service Provider be required to defend herself/himself or on behalf of Soulful Design or Soulfuldesign.com.au in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Service Provider deems useful to her/him 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.
Waivers
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
Deliverables Needed by Client
(a) This document constitutes a strict deliverable agreement to ensure that the Service Provider is able to perform the tasks outlined in section one. The following materials need to be given to us before the Website Day starts.
1. Website Template needs to be picked out by the client
2. Client needs to be signed up for Squarespace on a paid plan of their own
3. Client needs to share the access into their account prior to design
4. Client needs to reach out to Squarespace for a domain transfer if needed 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 do not have these already or want to launch without them, Ayana Goetgheluck and Soulful Design are not responsible for any GDPR compliance issues or legality concerns related to your choice.
12. Clients photos need to be submitted to Soulful Design prior to design.
(b) I expect my clients to be communicable for the entirety of the day. You’re welcome to take calls, and go about your day while I design, but if questions arise, I do need responses within one hour at max. Please let me know if you have things going on, or appointments while we’re on our first call of the day 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 Soulful Design designs can be resold, or repurposed into an item for sale, like a template or brand kit.
(c) MADE BY SOULFUL DESIGN is to remain on the Footer of the website for the duration of its life unless agreed upon by Ayana Goetgheluck.
Counterparts and Right
(a) The person agreeing to these terms on behalf of each Party represents that he or she has the right and power to execute this Agreement and has read this to their full extent.
The Parties have executed this Agreement as of the date the Website Day is purchased.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.
Service Provider: Soulful Design
Email: hello@soulfuldesign.com.au
Date created: January 6th, 2022