Site + Service Terms

I’m here to help you be intentionally productive and run your business with ease so you can change the world!
⇢ This document sets out how I deliver my Site and Services to you (Terms). 

⇢ Rachel Jane, I, or me means Rachel Jane Design ABN 89 396 635 922
⇢ You, or your means the people and businesses who buy my Services and go on a digital adventure with me (Clients) and also includes people just passing through my Site for a short exploration (Visitors).

These Terms are our rules for working together and they apply to everyone who visits my Site or buys my Services, so I’ve tried to make them easy to understand and fair.
⇢ By visiting my Sites and buying my Services, you agree to these Terms and my Privacy Policy.
⇢ If you don’t agree to my Terms, that’s okay, but you must stop accessing and using my Site.

My agreement with you is set out in:
⇢ Our agreed Proposal with you (or other Service specific terms set out on my Site)
⇢ these Terms, and
⇢ my Privacy Policy and other policies available from my Site.

Together, these make up my agreement with you about how we will work together as well as my rules for using my Site (Agreement).

⇢ If the different parts of this Agreement conflict with each other, the document listed higher in the above list takes priority to the extent of any conflict.
⇢ Each Proposal I agree with you, creates a separate Agreement.

When you buy Services from me, other specific terms may apply as well as these Terms.

For example, Service specific terms such as how long a course is available or the number of Bookings (design days) included in the package you select.

⇢ Generally, other specific terms will be set out in a written Proposal I agree with you, or detailed on my Site.
⇢ If you access Material I make available on my Site at no cost or book in for a discovery call with me, I may provide some general information for you.
- You agree that this information is not tailored for your circumstances, and you should use your own judgment and get independent advice to see if it is right for you in your situation.

For most Services you buy from me, you pay for them upfront.
⇢ Please pay all invoices by the due date, generally within 7 days from when I send you my invoice.
⇢ I won’t start working on your Adventure until you pay (and may stop working if you haven’t paid).
⇢ If you pay late, I may charge a late fee of 2% above the Reserve Bank of Australia’s cash rate.
⇢ The payment method you choose might have extra conditions from the relevant payment processor or by your bank (e.g. processing fees). Please check the conditions before using your selected payment method.

For once-off projects such as a digital download product or a new website build, I’ll generally send you an invoice for my Services upfront.
⇢ You’ll pay my Fees either upfront when you buy the Service, or I may allow you to pay by instalments.
⇢ The payment details will be outlined in your Proposal or on the Site sales page.

For ongoing projects, such as website maintenance, I’ll send you an invoice for my Services upfront each month.
⇢ If I don’t receive timely payment from you, we may stop working on your Adventure.

⇢ If you need extra Services or Out of Scope work on top of the inclusions in the Services section of the Proposal or the Site product page, I’ll let you know the price and send you an invoice you’ll need to pay before I start that work.

⇢ Prices on my Sites are in AUD (Australian currency) and include GST unless I clearly say otherwise.
⇢ I might update my prices from time to time. I don’t have to give you notice if I change my pricing.

⇢ This is your website and I'm here to help bring your Adventure to reality, however you are ultimately responsible for your content, your images, your copy, and other elements.

This means that:
⇢ You are responsible for getting all appropriate consents and releases for any images or branding
⇢ You are responsible for all content you supply me (such as words you send me to use on the website, including content that infringes on any person’s intellectual property rights).

⇢ I delegate some of my Services to my team and contractors (some of whom are overseas).
⇢ If illness or other circumstances beyond my control stop me from being able to attend your Session or deliver parts of your Project, I will make a good faith attempt to either:
 - Reschedule your Booking for a different, mutually agreed time, or
 - Swap in another awesome qualified team member or contractor.

I always aim for happy Clients, so if you have any questions, let me know so I can help fix things!
⇢ If you are a consumer or small business, you have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees.
⇢ If I give you access to digital download or other Material, unless I’ve completely underdelivered on what I promised, you generally aren’t entitled to a refund.
⇢ If a refund is required by law, I’ll provide that refund.
⇢ In other situations, I may choose to offer refunds at my discretion. I may decide to refund a portion of Fees already paid, less reasonable costs incurred for Material accessed or Services delivered and / or administrative costs.

Sometimes things happen which mean you need to reschedule a Booking or shift the timeframe for an Adventure.

An Adventure is how I talk about a package of Services we agree on for me to deliver to you. Adventures might be a once-off project package – such as a Design Day package or an SEO Audit – or they might be an ongoing package – such as website maintenance.

A Booking is how I talk about any Services that we agree and book in for specific dates – such as when you book in an individual Design Day.

⇢ If you need to change a Booking or Adventure, please let me know as soon as you can. This allows me to offer the Booking to others, reschedule your Booking, and book new Adventures.
⇢ If I need to change a Booking or Adventure, I will aim to give you as much notice as I can in the circumstances and, where possible, minimise disruption to your Adventure.

⇢ I need at least 3 business days’ notice via email to reschedule a Design Day or other Booking. This is because when I book your work in advance I may turn away other clients.
⇢ Re-scheduling fee: If you don’t give me enough notice to reschedule, then I may charge a reasonable rescheduling Fee to find a new slot in my calendar and re-shuffle work for you.
⇢ No show: If you don’t send through the information I need to complete your work or if you don’t attend a scheduled Booking without giving me the required Change Notice, then you may not get the full benefit of the Services..
⇢ Late show: If you arrive late or send through information late, I still end Bookings at the scheduled time to respect other Clients and my Services might not be as impactful as they might have been.

⇢ Plan ahead for your Booking and be prepared with the information I ask you to send.
⇢ If things happen, let me know as soon as you can so we can find a workaround together.

If a delay or rescheduling happens, we both agree to do our commercial best to find alternative times to suit both of us for completing the Adventure.
⇢ Where delays are caused primarily by you, my availability for completing rescheduled Bookings or full Adventures may be limited because I have bookings with other clients well in advance.
⇢ If I become aware of anything likely to result in a material delay in or failure to perform any Services, I will let you know promptly and include details of:
- The nature and cause of the delay or problem;
- The steps I’m taking to minimise the impact of the delay or problem; and
- Whether or not the problem is caused by something outside my reasonable control.
⇢ After sending that notice, I will::
- Keep you informed of how we plan to work around the problem;
- Give you regular updates, at least weekly, on progress; and
- Comply with reasonable requests from you to prevent or minimise impacts of the delay or failure to deliver Services.

⇢Neither of us are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control.
- The one exception to this, is the obligation to pay money under this Agreement.

I do not guarantee particular business outcomes for buying my Services. Business outcomes depend on many different factors including:
⇢ The state of your current website and various support systems to maintain that website
⇢ Your website process and business knowledge, systems implementation (in-house or using external parties), market factors, changes in technology,
⇢ Market trends, industry factors, algorithm updates,
⇢ Your ability and willingness to follow and implement my recommendations,
⇢ Resources, systems, and team members you have available to implement SEO strategy,
⇢ Accuracy and completeness of information you provide me, and other factors.

I do not guarantee that your website will rank in Google within any set timeframe.

⇢ I use reasonable care and skill to deliver Services to you, however you agree that:
 - I cannot promise my Services or Material will be continuously available or fault free,
 - If things outside my reasonable control impact on my ability to supply the Service, you agree I am not responsible for impacts on you as a result, and
- Services and related content are provided in good faith, based on information you provide me, and you are responsible for your use of my Services.

⇢ You understand that changes in your chosen software platform features or service plan tier, number of team members, services you offer, strategic developments in your chosen market. and other factors might mean my strategic advice is no longer accurate or as impactful as intended, despite my best efforts.

⇢ You must pay me for any loss you cause me that arises from your use of the Site or your breach of these Terms (such as misusing my Material).
To the extent allowed by law, you must pay for costs I incur caused or contributed to by:
⇢ inaccurate or misleading info you give me,
⇢ your breach of these Terms or my other policies,
⇢ your breach of any applicable laws or regulations, or
⇢ your use or misuse of Services or my Material.

Nothing in these Terms restricts consumer or small business laws that may apply when you buy my Services.
⇢ To the extent allowed by law, I exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
⇢ Unless I directly cause your loss through negligence or wilful misconduct, I am not responsible for loss from you using my Site, products, or services (or inability to use).
⇢ Where I can’t exclude liability, my total liability to you is limited to me re-supplying the relevant Service to you or, if applicable, paying to you the cost of paying someone to re-supply the relevant Services to you.

I can change these Terms from time to time, so check over them when you visit or buy from me to make sure you’re still ok with them.
⇢ I am often off on an adventure myself, so I can’t promise to keep my Site updated. This means I’m not responsible if my Material or Site are inaccurate or out-of-date.

From time to time, I update pricing or descriptions of Services on my Site.
⇢ I might need to refund or cancel your online orders if my Site information or products and Services are incorrect.
⇢ I try to do this within a reasonable time of realising the error.

⇢ Passwords: If I give you a username and / or password to access Site features or Material, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting use of the Site and Material.
⇢ No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
⇢ Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
⇢ Governing law: The laws of the State of Victoria, Australia governs these Terms.

My Site has materials, information, and Material which I crafted through my own adventures.
⇢ I love you accessing my Site and Material but you must use them as set out in these Terms.
⇢ I grant you a limited licence to use my Site and Material as set out in these Terms.
⇢ Any other uses of my Material are not allowed unless I first give you permission in writing.
⇢ See my Intellectual Property section for more details.
⇢ My Sites are not intended for children under the age of 13.

⇢ You must not use my Site and Material in a way that competes with my business or breaches my IP rights.
⇢ If you want to explore a collaboration, journey together, or license my Material for your own use, then please reach out for a chat.

⇢ When you use my Site and Material, you must not do (or try to do) anything unlawful or which I reasonably think is inappropriate or might damage my reputation.
⇢ You must not modify my Site, or knowingly send viruses or other disabling features that may damage or interfere with my Site.
⇢ Engaging in this kind of bad behaviour may result in me reporting you to relevant authorities and/or removing your access to my Site and Material without notice.

I have partnerships with some third parties who offer products and services I love. Some of the links on my Site are affiliate links.
⇢ This means I may earn a small commission if you purchase after clicking on these links.
⇢ We’ll disclose when something is an affiliate link or paid partnership, so that you can make an informed decision about your purchase.

If adventure calls, I may from time to time and with little or no notice, close my Site or parts of it.
⇢ Generally, I aim to give my Clients reasonable notice of material changes to your Site access.
⇢ I can exclude Visitors from my Site if they engage in the bad behaviour mentioned above.
⇢ I’m not responsible for any loss or damage you suffer in connection with my decision to exclude you from the Site or close down the Site.

I do not promise my Site complies with any laws outside Australia.
⇢ If you access my Site from outside Australia, you do so at your own risk (so adventurous of you!). You are responsible for following the laws that apply where you access my Site.

I have systems and processes to store and manage information, but in general the internet and my Sites may not be 100% secure, so please keep this in mind when visiting my Sites and sharing information online.

⇢ Adventure means the bundle of various Services I agree to provide to you, as set out in a Adventure Overview on my Site or in a separate document with you.
⇢ Proposal means the Service specific details about an Adventure which outlines the type of Services you buy, the length and type of Adventure, the included Material, as well as the applicable Fees. The Proposal may be in the form of a document or as part of my digital sales process.
⇢ Confidential Information includes all material, IP, non-public, business-related information disclosed or made available to the receiving party through any means, relating to a party’s business but excludes information that, without breaching this agreement, is already public or known to the receiving party.
⇢ Material means all tools I create or use to supply you a Service, which might include one or more of the following: access to videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, advice, Adventures, content on my Site, digital products, eBooks, and / or webinars. Rachel Jane Design always retains ownership of all Material.
⇢ Clients means the people or businesses who buy Services from Rachel Jane Design.
⇢ Fees means the charges you pay to me for the Services I provide, as set out in an Adventure Overview or
as otherwise agreed with you.
⇢ Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. my Material forms part of my Intellectual Property.
⇢ Services means the various website and search engine optimisation services I offer from time to time, including designing, building websites, writing code, coaching, consulting, webinars, workshops, courses, and other related products and services
⇢ Booking means scheduled time I agree with you to spend working to help your business and providing my Services to you.
⇢ Site includes our website racheljane.co, and our presence on third-party applications such as social media platforms like Facebook and @racheljane_design on Instagram.
⇢ Visitors means people passing through my Site for a short exploration.

Please reach out if you have any questions or notices about these Terms or my other policies.

Last updated: August 2022