Last Updated: 2024-10-03
Account: The user account associated with a Client, including username, password, and email. Each Account is for one Client and can be used by multiple authorised persons (Client's Representatives). See Use of the Subscription Services for more details.
John Dobie Design: John Paul Dobie trading as John Dobie Design, an Australian business providing Subscription Services through https://clients.johndobie.design.
SPAM: Unsolicited bulk messages sent to recipients without a business relationship or opt-in consent. See Use of the Subscription Services for our policy on communications.
Client: A business entity or individual entrepreneur registering to use the Subscription Services.
Client Data: All data, information, content, and materials created or uploaded by the Client through the Subscription Services. See Data Protection and Security for information on how we protect your data.
Client's Representatives: Authorised employees, representatives, consultants, contractors, or agents of the Client using the Subscription Services.
Subscription Plan: The plan chosen by the Client, as described on https://clients.johndobie.design/. See Services, Payments, and Cancellations for more information.
Subscription Services: Web-based applications and tools developed, operated, and maintained by John Dobie Design, accessible via https://clients.johndobie.design.
Subscription Term: The duration of the Client's subscription to the Subscription Services. See Subscription Termination for details on termination.
Terms of Service: This document specifying the terms and conditions of using the Subscription Services.
These Terms and Conditions ("Terms") govern your use of https://clients.johndobie.design (the "Website") and its subdomains. By using the Website, you agree to these Terms. We may change the Terms at any time with advance notice provided via email or on the Website.
Our Privacy Policy is available separately and explains how we process your information. By using the Website, you acknowledge and agree to the processing of your information as described in the Privacy Policy.
You may create an account by providing a password and necessary information. You are responsible for maintaining the confidentiality of your account and securing access to your device. We may refuse service, terminate accounts, or edit content at our discretion.
The Website offers design services, including web hosting, web maintenance, and graphic/branding services. Detailed explanations of all features are available on the Website. You may not use the Services for illegal, immoral, or inappropriate purposes.
We may set fees for using the Website or services, which are published separately. We may change fees with five working days' notice. Third-party payment systems may be used, which may charge their own fees or commissions.
Subscriptions are available on a monthly or yearly basis and automatically renew unless cancelled before the end of the current period. John Dobie Design offers a 14-day satisfaction period for yearly subscriptions only. Monthly subscriptions are non-refundable.
When a Client signs up and pays for a Subscription Plan, John Dobie Design will provide the Client with an Account within the Subscription Services. The Client's Representatives are authorised to use the Account as permitted.
The Client is responsible for the activities of all persons accessing the Subscription Services using the designated name and password. Login information must not be shared among unauthorised individuals.
Communications must only be sent to recipients who have consented to receiving these communications or to those who have a business relationship with the Client. The sender must be clearly identified in all messages, and all communications must include an unsubscribe option.
We implement industry-standard measures to protect Client Data. We comply with relevant data protection regulations, including the Australian Privacy Principles (APPs). Clients are responsible for securing their login credentials and promptly reporting any security breaches.
The Subscription Term follows the calendar month or year, depending on the chosen plan. The subscription can be upgraded at any time to a larger plan. Downgrades of the subscription will take effect at the end of the current subscription term.
Either the Client or John Dobie Design may elect to terminate the Client's Account and subscription as of the end of the current Subscription Term by providing notice at least five working days before the end of the term. John Dobie Design is authorised to immediately modify, suspend, or terminate the Subscription Services if we believe that the Client has violated these Terms of Service.
Subscription for use of the Subscription Services requires payment of fees on a prepay basis. Current prices can be found on the Website. All prices are for an ongoing subscription, per month or per year, in Australian dollars (AUD), excluding Goods and Services Tax (GST).
John Dobie Design uses third-party service providers for payment services. By using the Subscription Services, the Client agrees to be bound by the providers' terms of service.
Technical requirements for using the Subscription Services include:
Internet Connection: A stable internet connection is required.
Web Browser: A modern web browser with JavaScript and cookies enabled.
Email Account: An active email account for communications.
The Client is obliged to comply with all applicable laws and provisions of these Terms of Service. The Client may not use the Subscription Services to engage in any prohibited activities, including but not limited to:
Deceptive or misleading practices
Abusing, intimidating, or harassing others
Uploading or transmitting offensive or unauthorised content
Engaging in unauthorised software or hardware use
Attempting to access unauthorised areas of the site
The Client is solely responsible for all materials, content, and communications posted or sent within the platform. John Dobie Design is not liable for materials, content, and communications posted or sent by the Client.
John Dobie Design will use commercially reasonable efforts to ensure the Subscription Services are available but makes no representation, warranty, or guarantee regarding continuous availability or performance.
We make no representations about the accuracy, reliability, or timeliness of the content and services on the Website. All content and services are provided "as is" without warranty of any kind. To the maximum extent permitted by law, we disclaim all liability for any damages or losses arising from your use of the Website or Services.
You agree to indemnify and hold us harmless from any costs, losses, expenses, or liabilities arising from your use of the Website or violation of the Terms.
We may terminate your access and account at any time, without notice, in case of violation of the Terms or inappropriate behaviour.
We may update these Terms from time to time. We will notify you of any changes by posting the updated Terms on our Website or via email. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.
The governing law of the Terms shall be the substantive laws of New South Wales, Australia, without regard to its conflict of law principles.
These Terms constitute the entire agreement between you and John Dobie Design regarding the use of the Services and supersede all prior agreements
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign your rights or delegate your obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
For comments or questions about the Terms, Privacy Policy, Services, or Website, please contact us at info@johndobie.design.
These Terms of Use govern your subscription to and use of our Website Maintenance Services. By subscribing to any of our maintenance plans, you agree to comply with these terms. Our maintenance services are designed to keep your website secure, updated, and operating efficiently.
We offer three maintenance plans: Basic, Standard, and Premium. Each plan includes a setup fee and provides various levels of service to meet your needs. Detailed descriptions of each plan's features and pricing are available on our Website.
Subscription Term: Subscriptions are available on a monthly or yearly basis. The subscription term begins on the date of purchase and renews automatically unless cancelled before the end of the current term.
Setup Fee: A one-time setup fee of AUD 150 applies to all new maintenance plans on websites not built by us.
Payment: Subscription fees are billed in advance on a monthly or yearly basis, depending on the chosen plan. All fees are non-refundable, except as required by law.
Additional Charges: Additional hourly charges may apply for requests that extend beyond the included content updates. We will inform you beforehand and provide an estimate of any additional charges.
Our maintenance services include, but are not limited to:
Security and Uptime Monitoring: Continuous monitoring of your website's security and uptime to ensure your site remains secure and operational.
Speed Optimisation: Enhancing your website's performance and load times through optimisation services.
Backups: Implementing several layers of backups hosted off-premises to ensure your data is safe and can be restored in case of any issues.
Monthly Reporting: Providing detailed reports on your website's performance, security, and updates.
Content Updates: Depending on your plan, you are entitled to 2–4 content updates per month. These updates can include changes to projects, text, images, or other elements on your website, with a total of 2–4 hours of work allocated per month.
Uptime Guarantee: We strive to maintain a high level of uptime for your website. Our target is 98% uptime, excluding scheduled maintenance and circumstances beyond our control.
Response Time: We aim to respond to support requests within 24 hours. Resolution times may vary based on the complexity of the issue.
Scheduled Maintenance: We will notify you in advance of any scheduled maintenance that may affect the availability of your website.
Backup and Recovery: Regular backups are included in all plans. In the event of data loss, we will use the most recent backup to restore your website.
Accurate Information: You are responsible for providing accurate and complete information necessary for the maintenance of your website.
Notification of Changes: You must notify us of any changes to your website that may affect the maintenance services.
Compliance: You agree to comply with all applicable laws and regulations in connection with your use of the maintenance services.
You may not use the maintenance services to engage in any prohibited activities, including but not limited to:
Deceptive or misleading practices
Abusing, intimidating, or harassing others
Uploading or transmitting offensive or unauthorised content
Engaging in unauthorised software or hardware use
Attempting to access unauthorised areas of the site
Termination by Us: We reserve the right to modify, suspend, or terminate the maintenance services if you violate these terms or engage in prohibited activities.
Cancellation by You: You may cancel your maintenance plan at any time by providing written notice. No refunds will be provided for the remaining period of the current subscription term, except as required by law for yearly subscriptions cancelled within the 14-day satisfaction period.
Limitation of Liability: We are not liable for any damages or losses resulting from the use of our maintenance services, except as required by law. Our liability is limited to the amount paid for the maintenance services during the subscription term in which the liability arose.
Indemnification: You agree to indemnify and hold us harmless from any costs, losses, expenses, or liabilities arising from your use of the maintenance services or violation of these terms.
We may update these Terms of Use from time to time. We will notify you of any changes by posting the updated terms on our Website. Your continued use of the maintenance services after the changes take effect constitutes your acceptance of the updated terms.
These Terms of Use are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles.
For any questions or concerns about our Website Maintenance Services or these Terms of Use, please contact us at info@johndobie.design.
Our web hosting services provide reliable and secure hosting solutions for your website. By using our web hosting services, you agree to comply with these terms.
We offer various hosting plans to meet your needs. Detailed descriptions of each plan's features and pricing are available on our Website.
Subscription Term: Hosting subscriptions are available on a monthly or yearly basis. The subscription term begins on the date of purchase and renews automatically unless cancelled before the end of the current term.
Payment: Hosting fees are billed in advance on a monthly or yearly basis, depending on the chosen plan. All fees are non-refundable, except as required by law.
Additional Charges: Additional charges may apply for exceeding allocated resources or for optional services. We will inform you beforehand and provide an estimate of any additional charges.
Our web hosting services include, but are not limited to:
Server Management: We manage the server infrastructure, including hardware, software, and network components, to ensure optimal performance and security.
Security Monitoring: Continuous monitoring of your website's security to protect against threats and vulnerabilities.
Backups: Regular backups of your website data to ensure it can be restored in case of any issues.
Technical Support: Access to our technical support team for assistance with hosting-related issues.
Uptime Guarantee: We strive to maintain a high level of uptime for your website. Our target is 99.9% uptime, excluding scheduled maintenance and circumstances beyond our control.
Response Time: We aim to respond to support requests within 24 hours. Resolution times may vary based on the complexity of the issue.
Scheduled Maintenance: We will notify you in advance of any scheduled maintenance that may affect the availability of your website.
Backup and Recovery: Regular backups are included in all plans. In the event of data loss, we will use the most recent backup to restore your website.
Accurate Information: You are responsible for providing accurate and complete information necessary for the hosting of your website.
Notification of Changes: You must notify us of any changes to your website that may affect the hosting services.
Compliance: You agree to comply with all applicable laws and regulations in connection with your use of the hosting services.
You may not use the hosting services to engage in any prohibited activities, including but not limited to:
Deceptive or misleading practices
Abusing, intimidating, or harassing others
Uploading or transmitting offensive or unauthorised content
Engaging in unauthorised software or hardware use
Attempting to access unauthorised areas of the site
Termination by Us: We reserve the right to modify, suspend, or terminate the hosting services if you violate these terms or engage in prohibited activities.
Cancellation by You: You may cancel your hosting plan at any time by providing written notice. No refunds will be provided for the remaining period of the current subscription term, except as required by law for yearly subscriptions cancelled within the 14-day satisfaction period.
Limitation of Liability: We are not liable for any damages or losses resulting from the use of our hosting services, except as required by law. Our liability is limited to the amount paid for the hosting services during the subscription term in which the liability arose.
Indemnification: You agree to indemnify and hold us harmless from any costs, losses, expenses, or liabilities arising from your use of the hosting services or violation of these terms.
We may update these Terms of Use from time to time. We will notify you of any changes by posting the updated terms on our Website. Your continued use of the hosting services after the changes take effect constitutes your acceptance of the updated terms.
These Terms of Use are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles.
For any questions or concerns about our Web Hosting Services or these Terms of Use, please contact us at info@johndobie.design.
This section outlines the terms and conditions for design services provided by John Dobie Design. By engaging our design services, you agree to comply with these terms.
2.1 Parties
This Service Delivery Agreement is a legally binding contract between John Dobie Design and the Client for all design services the Client has engaged John Dobie Design for.
2.2 Payment
For projects AUD 500.00 or less (excluding GST):
For projects over AUD 500.00 (excluding GST):
50% non-refundable deposit due before work begins.
Remaining 50% due upon project completion or final invoice receipt.
Invoices issued regularly and due upon receipt.
Work may cease if balances remain unpaid for 14 days.
Scope changes charged at AUD 100.00 per hour (excluding GST), pending Client approval.
2% monthly non-compounding late fee on unpaid invoices after 14 days.
Client notified for approval before finalisation and submission.
Two (2) rounds of revisions included.
Additional revisions charged at AUD 100.00 per hour (excluding GST).
Each revision round limited to four (4) hours or proportionate to project time.
All confidential information communicated to and obtained by John Dobie Design from the Client in connection with performing the scope of services under this contract shall be held by John Dobie Design in full trust. At no time will John Dobie Design use any confidential information obtained through conducting this service contract, either directly or indirectly, for personal benefit, or disclose or communicate such information in any manner to any third party. This provision shall continue to be effective after the termination of this contract.
This contract may be cancelled or terminated by either party submitting a written notice to the other party or may be immediately cancelled under the following circumstances:
If there is a failure to make a required payment when due
In the event of bankruptcy by either party
The failure to make available or deliver the services in the manner as described in this contract
Upon termination of this contract, John Dobie Design shall cease reproducing, advertising, marketing, and distributing any material or information pertaining to the Client immediately.
Each party agrees to indemnify and hold harmless the other party, its respective affiliates, employees, and permitted successors and assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, and reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this contract by the indemnifying party; its respective affiliates or successors and any assigns that occur in connection with this contract. This section remains in full force and effect even after the termination of the contract.
John Dobie Design represents and warrants that it is entitled to enter into and perform this contract.
John Dobie Design further represents and warrants that it owns all rights to the designs created for the Client and is entitled to utilise and distribute them.
John Dobie Design warrants it shall adhere to the requested deadline and comply in any other manner by which the Client's requirements shall be fulfilled.
The Client continues to own all proprietary information it shares with John Dobie Design during the term of this contract. John Dobie Design has no rights to this proprietary information and may not use it except to complete the design services. Upon completion of the contract and full payment, the Client will own the final design deliverables.
Under no circumstances shall either party be liable to the other party or any third party for any indirect, incidental, consequential, special, or exemplary damages arising from any aspect of this contract. Such damages may include, but are not limited to, loss of profit, revenue, or failure in the delivery of services.
Assignment: Prior written approval required for contract assignment.
Notices: Delivered by email, certified mail, personal delivery, or overnight delivery.
Force Majeure: Neither party liable for failures beyond reasonable control.
Modification: Only in writing and signed by both parties.
Severability: Invalid terms do not affect other terms.
Governing Law: New South Wales, Australia.
Legal and Binding Contract: Legal and binding in Australia.
Entire Agreement: Supersedes all prior agreements.
John Dobie Design retains intellectual property rights unless agreed otherwise.
Mutual indemnification against claims of loss or damage.
Client may cancel with written notice.
All information treated as proprietary and confidential.
Failure to enforce does not waive other aspects.
Illegal or unenforceable aspects to be replaced by mutually acceptable terms.
For questions or concerns about our Design Services or this Agreement, contact us at info@johndobie.design.