Terms and Conditions
Welcome to Xpert Services!
These terms and conditions outline the rules and regulations for the use of Xpert Services’s Website, located at https://xpertservices.com.au/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Xpert Services if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Xpert Services, you agreed to use cookies in agreement with the Xpert Services’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Xpert Services and/or its licensors own the intellectual property rights for all material on Xpert Services. All intellectual property rights are reserved. You may access this from Xpert Services for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Xpert Services
- Sell, rent or sub-license material from Xpert Services
- Reproduce, duplicate or copy material from Xpert Services
- Redistribute content from Xpert Services
This Agreement shall begin on the date here of 06 June 2019.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Xpert Services does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Xpert Services,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Xpert Services shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Xpert Services reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Xpert Services a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Xpert Services; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Xpert Services. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Xpert Services’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Xpert Services is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including [interviews, correspondence, by telephone and facsimile, by email, via our website www.xpertservices.com.au, from your website, from media and publications, from other publicly available sources, from cookies- delete all that aren’t applicable] and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Xpert Services will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
info@xpertservices.com.au
07 3040 1281
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Refund Policy
- Once you sign up to our services after initial consultation and negotiation and process the payment agreed upon terms, refunds are never applicable for all our services.
- We reserve the right to review the pricing of all our services every 3 months and any change shall be notified in advance.
1. GENERAL TERMS
1.1 Agreement Overview
These terms and conditions (“Agreement”) govern all services provided by Xpert Services (“Developer”) to the Client. By engaging our services, the Client agrees to these terms in full.
1.2 Service Engagement
- All services commence only after receiving the agreed deposit
- Project timeline begins after deposit and required materials receipt
- All communication preferably in writing
2. PROJECT EXECUTION
2.1 Client Responsibilities
- Provide required content within 7 days of request
- Respond to queries within 2 business days
- Supply necessary access credentials
- Ensure content meets legal requirements
- Maintain active communication
2.2 Developer Responsibilities
- Adhere to agreed timeline
- Provide regular progress updates
- Maintain project confidentiality
- Implement agreed specifications
- Follow web development best practices
3. PAYMENT TERMS
3.1 Payment Structure
- 70% deposit before project start
- 30% upon project completion & before website launch
- All payments are non-refundable once work has commenced
3.2 Payment Conditions
- Work begins only after deposit clearance
- Missed payments pause project timeline
- Late payments incur 5% weekly charge
- Currency: Australian Dollars
- GST applicable as per Australian law
4. DESIGN AND DEVELOPMENT
4.1 Design Phase
- One design implementation included
- Design changes after approval incur additional charges
- Design revision rounds must be completed within 5 days
- Theme selection is final once approved
4.2 Development Phase
- Development starts after design approval
- Technical changes included within scope
- Additional features quoted separately
- Browser testing for latest versions only
DESIGN & DEVELOPMENT TERMS
SCENARIO A: CLIENT-PROVIDED DESIGN
When the client provides the design:
- Initial project cost covers implementing the provided design exactly as supplied
- Any changes requested during development will be treated as design revisions
- Each design revision after development starts will be charged at $150 per round
- Timeline will be extended based on the scope of changes
- Client must approve changes and pay revision fee before work begins
SCENARIO B: XPERT SERVICES DESIGN
When we create the design:
- Project includes one complete design concept
- Client has 5 business days to review and provide feedback
- If client doesn’t approve our design:
- New design concept will be charged at $150 per round
- Original design work will be billed
- Project timeline will be adjusted
- Design changes after approval follow revision pricing
DESIGN APPROVAL & CHANGES
- All designs become final upon client approval
- After approval, any changes will be treated as new work
- Design revision fees:
- New design concept: $150
- Minor adjustments: $80/hour
- Rush jobs: Additional 25% fee
- All revisions must be:
- Requested in writing
- Paid for in advance
- Completed within 5 business days
NOT INCLUDED IN BASE PRICE
- Multiple design concepts
- Free revision rounds
- Major layout changes after approval
- Design changes during development
- Rush delivery of changes
5. POST-DELIVERY TERMS
5.1 Review Period
- 14-day review period after delivery
- All change requests must be in writing
- Issues reported after review period treated as new work
- Technical bugs covered under 30-day warranty
5.2 Change Requests
- Post-review changes require new agreement
- Minimum engagement fee applies
- Changes billed at current hourly rate
- 5-day minimum turnaround time
5.3 Website Maintenance
- Regular maintenance requires care plan
- Ad-hoc changes subject to availability
- Emergency support available at premium rate
- Updates must be approved in writing
6. WARRANTY AND SUPPORT
6.1 Warranty Coverage
Covers for 30 days:
- Functionality bugs
- Security issues
- Performance problems
- Mobile responsiveness
6.2 Warranty Exclusions
- Design changes
- Content updates
- New feature requests
- Third-party services
- Browser compatibility not in original scope
- Training requests
7. REFUND AND CANCELLATION
7.1 No Refund Policy
All payments made to Xpert Services are strictly non-refundable
This includes but is not limited to:
Initial deposits
Milestone payments
Design fees
Development charges
Maintenance fees
Service charges
7.2 Payment Terms
70% upfront deposit (non-refundable once Payment has been done)
30% upon project completion & before website launch
Late payments incur 5% weekly charge
All payments are final and non-refundable
Work begins only after payment clearance
7.3 Project Cancellation
By Client:
All paid amounts are non-refundable
Client receives completed work up to cancellation date
Source files provided only if full payment made
Immediate cessation of all development work
By Developer:
Only in cases of client agreement breach
No refunds of payments made
Completed work will be provided
Project materials retained by developer
8. INTELLECTUAL PROPERTY
8.1 Ownership Rights
- Client owns final website
- Developer retains code rights
- Client owns provided content
- Third-party elements under respective licenses
8.2 Portfolio Rights
Developer may:
- Include project in portfolio
- Use for marketing
- Display developer credit
- Share project details (non-confidential)
- A company’s water mark ‘Xpert Services’ will be added to the client’s website in the footer for social proof, portfolio and marketing purposes
9. LIMITATION OF LIABILITY
9.1 Developer Liability
- No consequential loss coverage
- No guarantee of business results
- Force majeure exemption
9.2 Client Liability
Client responsible for:
- Content legality
- Copyright compliance
- Third-party service costs
- Domain/hosting fees
11. CONFIDENTIALITY
11.1 Information Protection
Both parties must:
- Maintain confidentiality
- Secure sensitive data
- Limit information sharing
- Return/destroy data upon request
12. AGREEMENT ACCEPTANCE
These terms are deemed accepted by:
- Payment of deposit
- Written confirmation
- Project commencement
13. PROJECT EXECUTION AND TEAM
13.1 Project Communication
- Client has no right to request specific team members
- Internal team structure remains confidential
- Client shall not attempt to contact development team directly
13.2 Working Hours
- Business hours: Monday-Friday, 9 AM – 5 PM AEST
- Response time: Within 10 business hours
- Public holidays excluded
- Emergency support subject to additional charges
14. INTELLECTUAL PROPERTY AND DESIGN
14.1 Website Inspiration
- Client may provide inspiration websites
- No exact copying of other websites
- Design elements will be unique
- Similarity limited to common web patterns
- Final design at Developer’s discretion
14.2 Footer Credits
- Xpert Services logo/name in footer mandatory
- Cannot be removed without written permission
- Size and placement at Developer’s discretion
- Removal subject to additional fees
14.3 Content Responsibility
- Client solely responsible for provided content
- Copyright clearance client’s responsibility
- Developer not liable for content issues
- Content verification not Developer’s duty
- Immediate removal of disputed content
15. PAYMENT AND PROJECT PHASES
15.1 Payment Enforcement
- Developer reserves right to disable website for non-payment
- 7-day notice before disabling
- Reactivation fee applies
- Backups retained for 30 days
- No backup provided until full payment
15.3 Revision Policy
- All revisions require written approval
- Revisions only after full payment of previous work
- Multiple revision requests need new quote
- No work starts without payment
- Revision clock starts at notification
16. CONFIDENTIALITY AND DISCLOSURE
16.1 Information Handling
- Client must mark confidential information
- Unmarked information considered public
- Developer not liable for unmarked confidential info
- Written confidentiality requests required
- Retroactive confidentiality not accepted
16.2 Project Information
- Developer may share non-confidential project details
- Portfolio usage rights retained
- General project features may be discussed
- Client identity protected if requested
- Case studies permitted unless specified
17. NON-PAYMENT PROCEDURES
17.1 Late Payment Protocol
- Warning at 7 days overdue
- Website suspension at 14 days
- Final notice at 21 days
- Project termination at 30 days
- Legal action initiation
17.2 Work Suspension
- All work stops on payment delay
- Timeline extended by delay period
- Rush fees for expedited resumption
- No guarantee of team availability after delay
- Minimum 25% restart fee
17.3 Multiple Revision Requests
- Revisions need separate payment
- No work without revision payment
- Bulk revision discounts available
- Maximum 3 pending revisions
- Revision expiry after 30 days
18. FILE DELIVERY & RETENTION POLICY
18.1 File Deliverables
- Logo designs: Source files (e.g AI, EPS, or SVG) provided
- All other design work: Final files only (e.g JPG, PNG, or PDF)
- No source files provided for social media graphics and marketing materials
- Additional format requests charged separately
- File modifications after approval incur extra charges
18.2 File Retention & Backup
- All project files retained for 30 days from delivery date
- No file storage or retrieval guaranteed after 30 days
- Client responsible for backing up all delivered files
- Retrieval within 30-day period: Service fee applies
- Xpert Services not liable for file requests after retention period
18.3 File Usage Rights
- Full usage rights transfer upon final payment
- Source files remain Xpert Services’ property
- Portfolio usage rights retained by Xpert Services
- Commercial usage permitted for delivered files
- Unauthorized modification prohibited
19. SECURITY DISCLAIMER
19.1 Developer Liability:
Xpert Services shall not be liable for any security breaches, including but not limited to unauthorized access, password theft, data breaches, or any other security incidents affecting the Client’s website or associated online systems.
19.2 Client Responsibility:
The Client acknowledges and agrees that it is solely responsible for implementing and maintaining robust security measures. This includes, without limitation, the use of strong, unique passwords, regular software updates, multi-factor authentication, and any other industry-standard practices necessary to safeguard the website and its data.
19.3 Limitation of Liability:
Under no circumstances shall Xpert Services be held responsible for any losses, damages, or legal actions arising from security failures or breaches, irrespective of any security measures implemented by either party.
20. ADVERTISING PERFORMANCE DISCLAIMER
20.1 No Guaranteed Outcomes:
Xpert Services makes no guarantees or warranties—express or implied—regarding the results of any paid advertising campaigns or marketing initiatives. This includes, but is not limited to, sales, lead generation, or other performance metrics.
20.2 Client Acknowledgment:
The Client acknowledges that advertising results are subject to a multitude of external factors, including market conditions, competition, consumer behavior, and other variables beyond the control of Xpert Services.
20.3 No Warranties:
Xpert Services shall not be held liable for any failure to achieve specific advertising or sales outcomes. The Client accepts that all advertising efforts carry inherent risks and that past performance is not indicative of future results.
21. GLOBAL RESOURCE ACCESS
21.1 Worldwide Team Structure
Xpert Services operates with a global team structure that may include employees, contractors, and service providers located in various countries worldwide. Client acknowledges and agrees that:
- Account access and client information may be shared with Xpert Services’ global team members as needed to fulfill service obligations
- Remote resources may access client accounts from various international locations
- All team members, regardless of location, are bound by our confidentiality policies
- Access levels are managed according to project requirements and security protocols
21.2 Location Variations
Client understands and accepts that:
- Login locations may vary based on team member deployment
- Account access may originate from countries outside Australia
- IP addresses and access points will reflect our global workforce distribution
21.3 Data Protection Standards
Regardless of team member location, Xpert Services maintains:
- Consistent data protection standards across all operations
- Appropriate technical safeguards for all access points
- Confidentiality requirements for all team members
- Compliance with applicable data protection regulations
Xpert Services accepts liability for ensuring appropriate data protection measures for information within our direct control. However, Xpert Services is not liable for any data loss, breach, or security incidents resulting from third-party services, including but not limited to hosting providers, cloud services, domain registrars, or any other external platforms utilized in connection with the services.
21.4 Access Restrictions
Xpert Services restricts global resource access as follows:
- Access provided only on a need-to-know basis
- Limited to specific project requirements
- Temporary access revoked upon task completion
- Regular access audits and permission reviews
21.5 Resource Confidentiality
Xpert Services:
- Is not obligated to disclose any information about its resources, team members, or contractors to the Client
- Maintains sole discretion regarding the identity, location, and qualifications of its resources
By continuing to use Xpert Services, Client acknowledges and accepts that their account and information may be accessed by authorized team members located worldwide as required for service delivery.
By proceeding with Xpert Services—whether through the Stripe link, invoice payment, any direct onboarding link, or via email—you confirm that you have read, understood, and accept all terms and conditions outlined in this agreement. You acknowledge having the authority to enter into this agreement and understand all policies regarding payments, deliverables, and file retention. Your engagement with our services, whether through payment, project initiation, or use of delivered materials, constitutes acceptance of these terms.
For any queries, please email us at support@xpertservices.com.au
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