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Shifting Cube - Web design with 30 days money back guaranteeTerms of Service

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This terms of services below are effective from the date a new client submits an order online. This terms and conditions, either in full or partial, do not cover the previous and existing clients. Shifting Cube reserves the right to accept or rejects any clients for any reasons even after they purchase the services. 

The following website services and terms and conditions govern the usage of the ‘Shifting Cube’ website and all material, services, and goods provided at or via the website (taken together, the Website). Shifting Cube owns and operates the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein, as well as all other operating rules, policies (including, without limitation, Shifting Cube’s Privacy Policy) and procedures that Shifting Cube may publish from time to time on this site (collectively, the “Agreement”).

Scope of the terms and conditions: These are the terms and conditions that www.shiftingcube.com.au operates under and provides website related services to its clients. All terms are applicable from the date of your electronic order submission.

Reasons for reading the terms and conditions: Please read these terms thoroughly before submitting your purchase to us. These terms explain who we are, how we will deliver services to you, how you and we may amend or terminate the contract, what to do if a problem arises, and other essential information.

Modification of terms: www.shiftingcube.com.au has the right, in its sole and absolute discretion, to update or modify this Terms of Service and any rules or agreements contained herein at any time. Any changes or alterations will take effect immediately. Continued use of the website or our services constitutes acceptance of the revised Agreement. Any modifications to our services may not be communicated to you and you agree to be governed by the then-current version of these Terms of Service of use by accessing this website.

About us

We are shiftingcube.com.au (owned by Shifting Cube) in Sydney, Australia. Our ABN is 39289083217 and we have our registered office at 303/2 Wayman Place, Merrylands, NSW 2160. We are also registered for GST .

Contact us

You can get in touch with us using the ways listed at https://shiftingcube.com.au/contact or by login into your client area at https://pm.shiftingcube.com.au/authentication/login and submitting a support ticket.

How we may communicate with you

We will contact you via your www.shiftingcube.com.au account, if we need to, or via phone, or email address you have provided to us. Please keep in mind that we will never request your password. If you have any questions about who a caller is, please contact us directly.

How we accept order

Placing a purchase on our website does not ensure that your order will be accepted. Our approval of your order will occur after you submit your purchase and you get confirmation that your order has been completed. A contract will be formed between you and us at this moment. Before any services may be performed, payment must be collected.

If we are unable to accept or fulfil your request

If we are unable to accept or fulfil your order, we will notify you and refund any money given to us.

Your account management

You will be required to register an account in order to use our services. You represent and warrant to www.shiftingcube.com.au that all information given to set up and use your account is true, accurate, and full. You are solely responsible for any activity on your Account, whether or not you authorised them. You must keep your login information safe. You must promptly alert us of any unauthorised use of your account or security breach. Also, your account is just for your exclusive use. Any additional users should set up their own account and be designated as a delegate for each website.

We offer 3 types of services. They are: (1) Website design/development (2) Website maintenance and (3) Website content edits

1. Website design/development packages are: (a) One-page web design (b) Basic web design package (c) Standard web design package (d) Advanced web design package (e) E-commerce and (f) Custom web/software development and (g) subscription to buy plans

2. Website maintenance packages are: (a) Silver ongoing maintenance package (b) Gold package maintenance package (c) Platinum maintenance package (d) On-demand maintenance package and (e) One-off tasks

3. Website content edits packages are: (a) Silver package (b) Gold package and (c) Platinum package

SERVICE ITEM EXPLANATION BY SERVICE CATEGORIES: 

Please visit website services page and go through each service and what are included and excluded in those services. At the bottom of each service page a clear explanation was provided. But if you cannot find service details or are not sure please contact us by email at support@shiftingcube.com.au  

General Terms

(1) By selecting a product or service, you agree to pay www.shiftingcube.com.au the one-time and/or monthly or yearly subscription fees indicated  

(2) Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal

(1) Unless you notify www.shiftingcube.com.au before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. 

(2) Subscriptions can be cancelled at any time by sending an email to support@shiftingcube.com.au.

Where to find the service’s price: The service will cost the amount specified on the order pages when you make your order. We take every possible precaution to confirm that the pricing of the service recommended to you is right including GST and will be specified throughout the order process.

We will pass on GST rate changes: If the GST rate changes between the date of your order and the date we provide the service, we will alter the GST rate that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.

Price changes: We have the right to modify the price and fees displayed on our website at any time. We will notify you in writing of any changes to the email address you provided when you created your account. Changing the cost for new customers on the website has no influence on the price for current customers in most cases. If you have a fixed-term subscription, the price adjustment will go into effect at the end of the current term and when you renew.

Incorrect pricing: Despite our best efforts, you may be charged an incorrect price for our service. If the correct price is less than the quoted price, we will change the price and refund the difference to you. If the exact price of the service at the time of your order is higher than the price you were quoted, we will contact you for further instructions before approving your order.

Authorised card holder: We accept most major credit and debit cards through the payment processor Stripe. You agree and declare that you are legally authorised to use the payment card or facility used. If you are not the listed cardholder, you agree to indemnify us if the cardholder or issuer refuses any payment transaction, including our costs in recovering the unpaid amount owing.

Charge back: If a charge back is issued incorrectly against your account, we reserve the right to suspend and/or terminate your account until payment is received, plus a $100/$150 administration fee.

Payment for the order: When you place your order, you agree to pay all due and payable payments for services. Unless otherwise specified in our refund policy, all payments are non-refundable.
 
Invoices: Invoices will be created at the time of payment.  Invoices will be sent to the email address you provided after the payment has been successfully processed.

 

Erroneous invoice: Please inform us as soon as possible if you suspect an invoice is incorrectly generated for rectification without any charges. 

Service fees: The service costs will be as stated on our website. We retain the right to modify our prices at any time.

Subscription Length: Subscriptions are supplied to you on a recurrent basis, either monthly or yearly. Subscriptions will be automatically renewed and paid to the payment method specified on your www.shiftingcube.com.au account.

Service duration: We shall provide you with services until your subscription expires or you terminate the contract as indicated in clause 10, or we terminate the contract by written notice to you.

Information we need from you: We need particular information from you in order to provide the services to you. We may contact you to seek more information or to verify the information you have provided. If you do not provide us with this information within a reasonable time, or if you provide us with incomplete or incorrect information, we may terminate the contract or charge you an additional price to compensate us for any additional work that is required as a consequence. We will not be held accountable if you delay in supplying the information or fail to give any portion of it.

Full Website Access: In order for us to work on a task, you must provide us complete access to your website. We are unable to make changes with git or SSH keys.

Reasons for discontinuing or deactivating the delivery of our subscription services to you: We may be forced to discontinue the supply of a service to you for the following reasons:
(1) to avoid financial or legal liabilities
(2) to resolve any third-party claims or procedures
(3) if we believe you have violated any material term of this agreement
(4) in accordance with the legislation
(5) make changes to the service that you request or about which we tell you
(6) make adjustments to the product to reflect changes in relevant laws and regulations
(7) resolve technological issues or make minor technical adjustments

Failure to execute a maintenance repair, custom task, or hosting job as part of a subscription package: You will not be entitled to a refund if our team is unable to complete any maintenance fix, custom task, or hosting assignment as part of your subscription package. If we are unable to complete the single monthly fix or job that is included in our maintenance plan, we may, at our sole discretion, offer to do another fix or task during that calendar month.

We may also suspend service delivery if you do not pay: If you do not pay us for our services when you are supposed to, we may suspend service delivery until you pay us the outstanding amounts. We will contact you to advise you that the services will be discontinued. We may suspend services as well as charge you interest on past-due payments. We will make reasonable attempts to restore service to you within 24 hours of receiving payment in accordance with these terms.

Service suspension: We may no longer preserve a copy of your data or website if your service is suspended or becomes overdue. This is due to the nature of our usage of global cloud providers: if you fail to pay your invoices, we will not be responsible for the cost of keeping your service operational.

7. 1 30 days money back guarantee: our 30 days money back guarantee only applies to our web design/development packages and is same as the repair, replacement or refund policy stated in the Australian Consumer Law. The law says a store or seller MUST provide a repair, replacement or refund if an item is faulty or significantly not as described. We are dedicated for customer service and confident that we will take every necessary step to make our customers happy. However, if a situation arises that our products/services are faulty and significantly varies from its original description, and we can’t fix the faults we will refund what has been paid to us.

Exceptions: As per the Australian Consumer Law you will not be able to claim consumer guarantees in circumstances where you:

  • received a service as requested, but simply changed your mind at any point in time
  • misused the service in any way that caused the problem
  • knew of or were made aware of the faults before the service was purchased or
  • asked for a service to be done in a certain way against the advice of the business.

7.2 30 days money back guarantee/refund start and end date: our 30 days money back guarantee period starts from the day we complete the service delivery to you and ends after 30 calendar days (including weekends and public holidays).

7.3 What is not covered in our 30 days money back guarantee/refund: You have made a down payment and ordered or purchased the service and then change your mind not to go ahead with the project, you will not receive any refund.

 7.4 Refund due to faulty or incorrectly described service: If you paid for services that were faulty or incorrectly described, you may have the right to terminate the service, have the service re-performed, or have some or all of your money reimbursed. You must notify us in writing of the reasons you feel the services are faulty or inaccurately described. We will respond to any complaint within 30 days and advise you whether a refund is forthcoming.
 
7.5 Refunds for prepaid subscription fees: We provide a low-cost service with significant discounts for prepayments. Once the service has commenced, you will not be entitled to a return of any fees spent even if you change your mind.
 
Refund processing: If a refund request is deemed correct based on our sole discretion, we may refund the full of partial amount within 30 days of the refund request.

You are responsible of your website’s content: Clients are in charge of all scripts, data, and other items on their website.

You are responsible for backing up your website: While we will make every attempt to backup your website before performing any maintenance, hosting
or custom work. You must ensure that you have completed a full backup of your website before placing any one-time order 
with us or submitting a site task request as of one of maintenance plans. We can not guarantee that any backups of your website that we perform on a regular basis will be successful. You keep local at all Once your contract with us expires, we will not save any backups of your site.
 
You are responsible for the content on your account: Abusive scripts are scripts that interfere with our systems and/or other customers’ accounts, cause harm to any other computer system or user, or participate in any form of fraudulent conduct. Any account determined to be the source of abusive scripts will be promptly suspended and investigated, and action will be taken in accordance with the guidelines outlined under Illegal Content below. We will completely cooperate with the authorities if necessary.
 

You must not use the service to send illegal material: You agree not to upload to your hosting service, send or receive any materials that may be considered offensive, abusive, indecent, defamatory, obscene, menacing, or otherwise as prohibited by current and future statutes in force in Australia. I t is entirely the user’s duty to ensure this. Storing, distributing, or transferring illegal content may result in an investigation and, in certain cases, prosecution by the proper authorities.

Maintain subscription fees and payments: By signing up for a membership account you agree to pay Shifting Cube the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Shifting Cube reserves the right to change the payment terms and fees any time and it may be reflected to your recurring payments. Services can be cancelled by you at any time by submitting written notice to Shifting Cube.
 

Support: All subscriptions include access to support via the support desk software system. “Support” means the ability to make requests for technical support assistance via the ticketing system at any time (with reasonable efforts by Shifting Cube to respond within 24-48 business hours). All support will be provided in accordance with Shifting Cube’s standard services practices, procedures and policies.

Terminating your contract with us for a One-Time Website Task: You cannot cancel your request for a one-time maintenance work after it has been submitted to our website and accepted by us. In most circumstances, we will start working on your task request as soon as the order is submitted, and we will charge you for it. Each refund request will be evaluated individually. We reserve the right to deny refunds.

Terminating your contract with us for a website design packages and maintenance service plans: You may terminate your website design and maintenance project at any time. However, whatever payments have been made will not be refunded. For web design non-subscription packages, you will be legally liable to pay Shifting Cube the total due amount (total package price) even if you decide not to continue the project. You may pause the project for some time, but all dues will be collected as per the schedule. However, the project’s restart and subsequent delivery will be at Shifting Cube’s discretion. 

Service termination by us: We may terminate the contract at any time by writing to you if: (a) you fail to pay us when it is due and (b) you fail to supply us with information required for us to deliver the services within a reasonable period after we request it;
 Payment due to service termination:  If we terminate the service in the circumstances described in the preceding clause, we will refund any money you have paid in advance for services we have not provided, but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breach.

Service withdrawal: We may notify you at least 30 days in advance that we will no longer offer the services and will refund any money paid in advance for services that will not be provided.

In no event shall Shifting Cube or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Shifting Cube site or the services Shifting Cube provided, even if Shifting Cube or its authorised representative has been notified orally or in writing of the possibility of such damage. 

(1) The materials appearing on www.shiftingcube.com.au site could include technical, typographical, or photographic errors. Shifting Cube does not warrant that any of the materials on its web site are accurate, complete, or current. 

(2) Shifting Cube may make changes to the materials contained on its web site at any time without notice. Shifting Cube does not, however, make any commitment to update the materials.

Shifting Cube has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Shifting Cube of the site. Use of any such linked web site is at the user’s own risk.

All logos, product, and service names related to these TOS are trademarks of Shifting Cube. You agree not to display or use in any manner Shifting Cube’s trademarks without prior written permission.

Shifting Cube reserves the right to change these terms of service for its service or website at any time and without notice. You agree to be governed by the then-current version of these Terms and Conditions of Use by accessing this website.

Any claim relating to www.shiftingcube.com.au site shall be governed by the state laws of the NSW, Australia.

All information presented on Shifting Cube’s website is provided “as is.” To the maximum extent permissible by law, Shifting Cube disclaims all warranties, explicit or implied, including, but not limited to, implicit warranties or conditions of merchantability, fitness for a specific purpose, or non-infringement of intellectual property or other rights.

In addition, Shifting Cube does not guarantee the accuracy, completeness, or timeliness of any data or material presented on this or any other website connected from this one.

50% off for all website packages

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Use discount code in checkout!