Service Terms & Conditions

By visiting our website and using the products and services offered by us, Tharlizwa Media through this website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should leave this site immediately and delete all the details (cookies, links, etc.) from your browser and local machine's temporary folder that are related to this site. The term “Tharlizwa Website Design Service ”, "Tharlizwa Media", "Tharlizwa", "our, and “us” refers to Tharlizwa Media Web Design & Digital Marketing Service, the owner of this website, https://tharlizwa.com.au. The term "user", “you” refers to the user or viewer of this website.

Acceptance of Agreement

1. You agree to the terms and conditions outlined in this agreement with respect to our site. Changes of services, including this statement and other changes and updates on this site will be made only on the sole determination of Tharlizwa Media and the latest updated version of the agreement will be posted on this site. It is your own responsibility to check the updated terms and conditions statement before using our services, products, or contents.
2. Changes to this agreement will become effective upon their publication to our website, and furthermore, continued use of our services/products constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your service.
3. You are hereby authorized to use the contents of this site for your personal purposes. You may not use, copy, download or redistribute the contents of this site for commercial purposes without explicit written permission from Tharlizwa Media.

Copyright

1. Tharlizwa Media offers different kinds of services through its website, https://tharlizwa.com.au and we reserve all of our rights in every service and software offered thereby including site design, logo, graphics, scripts, and software originally created by us.
2. All the contents including web design services and web development software applications offered on this site are the property of Tharlizwa Media and it is protected by the copyright and/or other intellectual property laws of Australia and internationally.
3. All images and content used on clients websites will be the responsibility of the respective client and Tharlizwa Media is not necessarily liable for the image/content published on their websites.
4. All graphic designs, logos, and artworks created by Tharlizwa Media remain the copyright of the client after signing the Final Sign-Off agreement.
5. All graphic designs, logos, and artworks provided for FREE remain the copyright of Tharlizwa Media.
6. If graphic design, logo, and artwork have been purchased, this will need to be signed off separately or explicitly mentioned in the web design and development Final Sign-Off agreement.

Trademark Information

1. Tharlizwa Media, its trademarks, service marks, and other service names and product names are trademarks of Tharlizwa Media. Other names of companies and products mentioned herein are or may be the trademarks of their respective owners.

License Specifications

1. Tharlizwa Media offers licenses to use its design and development products to clients. The license holder is the legal owner of Tharlizwa Media's product.
2. but the source code of the product is not sold, only licensed. The copyright holder retains the property rights on the software itself.
3. All of our ASP/PHP web application products have bundled with lifetime product licenses for their paid customers. Product Licence can be obtained in two types: Single Site Licenses and Unlimited Site Licence.
4. The user who is granted for Single Site Licence can not use the product on more than one website. An unlimited Site Licence allows the user to use the products on unlimited websites.
5. Repackage in full or any part of the product including source code and images as your own work and redistributing for profit is not allowed to both types of licensed users.
6. Unlimited Site License holders may use the product including source code and images in their web development project for both commercial and non-commercial use.
7. All graphic designs, logos, and artworks created by Tharlizwa Media remain the copyright of the client.
8. All graphic design, logo, and artworks has been purchased, this will need to be signed off before the website design is commenced.

License Agreement

1. The license describes the conditions under which you may use our web development software applications. If you are unable or unwilling to accept these conditions in full, then, notwithstanding the conditions in the remainder of this license, you may not use the software at all.
2. As a paid user, you are granted a lifetime license to use our product for both commercial or non-commercial use under the condition expressed above in License Specifications. All rights including the source code of the products that are not expressly granted here are reserved by the author, Tharlizwa Media.
3. We put third-party advertisements on all or certain pages of the FREE Web Design Packages to support our services running. As a free web design user, you can not remove those advertisements from your website pages without prior written permission from Tharlizwa Media
4. If any terms are violated, Tharlizwa Media reserves the right to revoke the license at any time. No refunds will be granted for revoked licenses.

Payment Terms

1. A 50% upfront payment is required for all web design and development projects unless an alternative contract or proposal specifies a different amount. The outstanding balance must be paid upon final design sign-off.

Changes

1. Acceptance of design approval/sign-off confirms that you have contracted Tharlizwa Media for the project described. After signing the design approval/sign-off document, any changes in the requirements and/or specifications of the approved design will fall outside of the original contract and will be billed at the rate of $50 per hour.
2. During the website development period prior to Final Sign-Off, the client can request the content changes for up to 3 times because 3 reviews are more than enough for any small or medium-sized business website.
3. Once the website is completed and transferred to the client, the client can make changes to their website contents by themselves using the CMS included with the website.
4. Requesting changes more than 5 times exceeds our fair use policy and will be billed at the rate of $50 per hour after notifying the client.

Cancellation and Refund

1. Canceling the project after approval to start and a 50% deposit has been paid, is non-refundable and will act as the cancellation fee.
2. Canceling the project prior to completion may result in part or full payment for the project based on the level of completion at the time of cancellation.
3. If a debt collector service is required to pursue any overdue balance payment, a $50 admin fee will be added to the outstanding amount.

Third-Party Links

1. This website may include links to third-party websites that are controlled and maintained by others. Therefore, any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Nondisclosure

1. Tharlizwa Media and any third-party associates agree that, except if directed by the client, by the court or by any other law enforcement agency, it will not at any time during or after the term of this agreement disclose any confidential information in any manner.

Privacy Policy

1. Your privacy is very important to us and we use our clients' personal information in order to communicate with them in accordance with the Privacy Act 1988. Please read the privacy policy page to know how we collect your personal data.

Fair Use Policy

1. The intention of our service is to support small businesses seeking to get online with a hassle-free experience. If we feel that a client is using our web design, web hosting, or support services excessively, we reserve the right to limit the service or apply additional charges.
2. Content Changes - we consider fair use that is included in your website to be 5 or fewer revisions prior to Final Sign-Off. We will apply additional revision charges at the rate of $50 per hour.
3. One Month Free Support - we consider fair use that is less than 4 content changes for normal projects that do not require 5 reviews before signing off.

Web Hosting and Email Hosting Policy

1. The web hosting and email services are provided on an "AS IS, AS AVAILABLE" basis. Tharlizwa Media gives no warranty, express or implied, for the web hosting and email hosting services provided.
2. Tharlizwa Media is not responsible for any damages arising from the client's use of web hosting and email hosting services for any reason.
3. The client is solely responsible for maintaining their website files, database, emails backups.

Liability

1. While we will make every efforts to design a website to client specifications with the intention of assisting clients to succeed with their website on the internet, we cannot guarantee success.
2. Tharlizwa Media or its owner, its employees, and other contracted web developers cannot be held liable for the failure of a website as a venture.
3. We reserve the right to refuse our services if a website contains sexually explicit, violent, unethical, fraudulent, or questionable content.
4. We reserve the right to refuse or cancel our existing services to the clients if deemed appropriate for the overall benefit of Tharlizwa Media. We can not be held liable for any loss of business or upset created by canceling a client’s service.

Indemnity

1. You agree to indemnify and hold Tharlizwa Media, its employees or its sub-contractors harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against Tharlizwa Media, arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

Severability

1. In the event that any provision of this Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, unenforceable, or illegal or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in a such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Terms and Conditions and the remaining provisions of this Terms and Conditions shall remain in full force and effect.

For questions, feedback or suggestions, please contact us.