Please note the following:
- You must be 18 years of age or older to purchase and utilise our services.
- We reserve the right to alter our terms and conditions from time to time at our sole discretion. These changes are effective as of immediately once published and apply to any and all access and use of our website. Your continuation of use of the website following the revision means that you accept and agree to these changes. You also acknowledge your responsibility to check back periodically to ensure you are aware of your requirements as part of your acceptance of these terms.
- We reserve the right to withdraw or amend this website, services or material provided as part of the website at our sole discretion and without notice. We take no responsibility or accept any liability if for any reason all or part of our website is unavailable at any time or for any period of time. We regularly undertake maintenance on the website for security and functionality purposes. As a result, from time to time we may require to restrict access to parts of the site, the entire site, to some or all users including registered users at our discretion.
- As our site offers paid resources or registration to access some of the resources, you may be asked to provide proof of purchase. In all cases, at any point of registration, you agree to provide accurate, current and complete details as a condition of registration.
- Specific to registrations usernames, passwords, nominated or provided. You agree not to account share or disclose this confidential information to any other person or entity. Unless otherwise specifically authorised. You specifically agree not to account share, and acknowledge your requirement to notify us if at any point you believe your account has been accessed without your authorization.
- It is your responsibility to ensure you take affirmative action to logout for your online account at the end of each session and specifically use caution when accessing our services from public or shared computers so that others are not able to view, record or otherwise access personal information and contents of members only content.
- We reserve the right to deactivate, suspend any username, password, or other credentials provided by you or provided by us at any time in our sole discretion, for any reason, including if, we believe, you have violated the provision of these terms and conditions of use.
- Access and purchases of this website are non-transferable and we reserve the right to revoke access and use our website and the resources available from the website
- You agree that you will not use the website or any of the contents available for download for any purpose that is unlawful or prohibited by these Terms.
- You may not use the website or any of the resources available for download in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use or experience.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
- All content included as part of the courses and overall service provided through NCDAcademy.com.au inclusive of all text, graphics, logos, images or compilations thereof, and any software used on the website, is property of Natalie Crowe Designs and our suppliers and is protected by copyright and other laws that protect intellectual property.
- You explicitly agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
- You affirm you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
- Our content is not for resale. You must not make any unauthorized use of any protected content, and in particular you must not alter or conceal / remove any of the relevant copyrights and branding.
- All purchases are solely for individual use and unless you have express written permission from Natalie Crowe Designs directly. You agree that you do not acquire any ownership rights of any protected content. Purchases of access do not grant you intellectual property rights.
- You must not use ‘Natalie Crowe Designs’ or ‘NCDAcademy’ Logos, business names, branding, products and services names, designs without express written permission. These are all property and copyright of their creator and protected under relative laws.
- All information contained in our website and products and services are for educational and informational purposes online and is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
- Specific to the accuracy and personal responsibility, whilst we have done our best to ensure that the information provided on our website and the resources, products and services are accurate and provide valuable information, we cannot guarantee the accuracy of the information. Natalie Crowe Designs / NCDAcademy and it’s owners shall not be held liable or responsible for any errors or omissions on the Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
- By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
- You acknowledge and accept as a part of these terms and conditions that we at no point have we made any guarantees about the results of taking any actions, whether recommended or not. Any and all information and resources provided on and through the website are for educational and information purpose and that the success or failure will be a result of your own efforts, specific situation and innumerable other circumstances beyond the control and/or knowledge of the Company.
- You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
- You agree that by purchases any of the products or services, that we grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material – collectively included in our courses for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
- By purchasing any of our products and services you confirm and agree that we do not offer ‘change of mind’ refunds nor any sort of refund for digital / downloadable content based on the nature of the content and that we are unable to guarantee whether or not you have accessed the material. Outside of this, any other refund requests will be reviewed on a case to case basis and refunds validity determined at our sole discretion. This is a condition of purchase as a part of our terms and ensure the security of our products and services. So please ensure you are certain on your purchase, prior to processing payment as we are unable to offer refunds.
- We reserve the right at our sole discretion to change the terms under which this website is offered. The most current version of the Terms will supersede all previous versions.
Terms & Conditions for Development & 1:1s
DESCRIPTION & DEFINITIONS
Natalie Crowe Designs:
In these terms and conditions, Natalie Crowe Designs or NCDAcademy, all services related to it, and all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as “NCDAcademy”, “Natalie Crowe Designs”, www.ncdacademy.com.au, “NCD”, “us”, “we”, “website” or “service”.
“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.
Natalie Crowe Designs provides the client various services including, but not limited to:
- Template Website Design and Development
• Ecommerce Development and Consulting
• Custom Website Design and Development
• Web and Internet Consulting
• Website Maintenance and Security
• Website and Email Hosting Service
• SEO – Search Engine Optimisation Service
• Digital Marketing Service
• Google AdWords / Online Advertising Service
• Social Media Service
• Online PR Service
• Business Mentoring
• Technical Support & Training
• Email Marketing Service
• Digit Products & Online Courses
For each project or job, Natalie Crowe Designs follows a production process that is divided into stages. For each stage, specific deliverables are produced for the client which will be specified in a project brief or a job quote where applicable. A task, job or project will be considered complete where either the Client approves the task, job or project as being completed or where Natalie Crowe Designs determines that the task, job or project is complete according to the project scope or the task / job definition and parameters as set out in a verbal or written agreement.
Natalie Crowe Designs may provide the Client with domain name registration, web and email hosting services, custom website design, website design, digital marketing services and consulting services and so on in accordance with the product and/or service the client has requested.
A project scope defines and sets out what work or service or item or feature is to be included and / or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to Natalie Crowe Designs and the Client as well as to any third party to judge and finalise the interpretation of any part of a project scope and the relevant task, job or project.
A quote is an approximation of the hours or fees required to complete or deliver a task, job or project. Any final invoice or fee for the work approved by a Client based on an estimate will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, an estimate is not a fixed price and should not be viewed by a Client as such. An estimate is a guide to the final price only.
Natalie Crowe Designs will sometimes use an estimate during the early stages of project discussions or for ad-hoc works where Client and Natalie Crowe Designs have together approved this billing / engagement model.
Natalie Crowe Designs will usually follow up an estimate by providing a retainer invoice of invoice where the Client has given a general approval for the estimated fee or cost.
Retainer invoices / invoices:
A retainer invoice or invoice is a specific fee or price that we set down for the requested task, job or project. It will include parameters and defined deliverables. A retainer invoice or invoice will not vary as it is fixed. Any variations to the retainer invoice or invoice or requirements requested by the client will be quoted separately with a set fee or price for that job or project or task.
PROPOSALS, ESTIMATES AND QUOTES:
In response to a request for service or a specific product or service request, Natalie Crowe Designs may produce a proposal that will remain valid and open for acceptance by the Client for up to 30 days, unless otherwise agreed by Natalie Crowe Designs, from the date of issue that may include any of the following:
Creative Brief / Proposal
Job / Task Definition
Description and Features
Fees and Charges
Any other specifics or TOS related to the product, service or special offer
Natalie Crowe Designs reserves the right to withdraw a proposal or quote at any time.
By approving any estimate or project contract, verbally or in writing, a Client agrees to be bound by these terms and conditions and to pay to Natalie Crowe Designs the agreed fees set out in the quote or project contract when Natalie Crowe Designs requests payment or as otherwise set out in the quote or the project contract.
Extension of Hourly Appointments / ADHOC Hourly Work:
Client may request extension of hourly rate appointments, providing Natalie Crowe Designs has availability and capacity to complete the service outside the initial scope. Client may make this request for further time / completion of adhoc work during or on completion of their initial appointment. Whether that’s done verbally or through a digital engagement, via Zoom, Facebook Messenger, Social media platforms , emails or other medium.
Any extensions of appointments, or request for further adhoc hourly works are billed at Natalie Crowe Designs’ Standard Hourly Rate. Client can request a set number of hours, a scope for development. Or in the instance where the work is variable or with no fixed parameters. Work will be completed and Natalie Crowe Designs will issue an invoice for the accumulated time spent.
Client agrees to make payment within 7 days or as per account payable outlined on the invoice.
Client acknowledges all time spent working with client directly as well as on behalf of the client is billable time.
By accepting the terms and conditions client acknowledges and agrees they are liable for payment of Extension of Hourly Appointment / Adhoc Work.
INVOICES, SUSPENSION AND TERMINATION
Natalie Crowe Designs accepts payment in AUD, GBP, USD, CAD, EUR
Invoices will be billed in the appropriate currency.
Natalie Crowe Designs’s invoices are 7 day payable accounts from the date of issue.
Any outstanding invoices for work completed or services provided to the Client by Natalie Crowe Designs requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties. On completion of a task, job or project the client is obliged to pay the balance of the invoice in full.
Fees Due in Advance for Service
Some services including, but not limited to, hosting and support fees and search engine opimisation fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one month, one year.
Quote, Job or Project Completion
Once a Client approves the job or task to “go live” or where Natalie Crowe Designs defines the job or task as being “completed”, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Any warranty work that Natalie Crowe Designs will carry out to fix / correct any bugs or faults in the website or system as reported by the Client or as found by Natalie Crowe Designs that may be covered by warranty or by the scope of the task, job or project will be completed as soon as reasonably possible by Natalie Crowe Designs.
A revision, where allowed and applicable, to the design or function of the website or system that may be included in the scope of the task, job or project will be completed as soon as possible by Natalie Crowe Designs.
Natalie Crowe Designs reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system for the Client if the Client has overdue outstanding invoices for any job, task or project.
Project Contract Payment Milestones
For each project contract, there are payment milestones that will occur at various stages or points during the timeline of project. For each payment milestone, a fee is due as set out per contract which will be invoiced at the time of the payment milestone being reached with payment by the Client on that invoice due immediately unless otherwise agreed to in writing between the parties.
If the client defaults on their payment or otherwise fails to pay their account with Natalie Crowe Designs as per the terms under this agreement, Natalie Crowe Designs reserves the right to suspend services and to apply administrative fees of 150GBP for UK residents or $160.00 per hour inclusive of GST for Australian based clients, plus any other costs that may have been incurred, to reactivate the services.
Hosting fees, SEO (Search Engine Optimisation) fees, Digital Marketing service fees and all service fees charged, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.
If the client chooses to discontinue the services supplied by Natalie Crowe Designs and the Client has paid all monies owed to Natalie Crowe Designs, Natalie Crowe Designs reserves the right to decline delivery of further consultation or services based on conduct of the client.
At, Natalie Crowe Designs sole discretion, Natalie Crowe Designs may choose offer to render assistance to the client to transfer their Domain Name to another provider/agent. Charges apply on hourly rate of 150GBP for UK residents or $160.00 per hour inclusive of GST for Australian based clients for any work required to be completed to assist Client to facilitate any sort of move to an external service.
Natalie Crowe Designs may opt to discontinue services if an amount payable to Natalie Crowe Designs is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, the client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between Natalie Crowe Designs and the client.
Natalie Crowe Designs may terminate any agreement immediately if the client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the client is a person he/she is declared bankrupt.
Ownership of the product remains with Natalie Crowe Designs until payment in full is made to Natalie Crowe Designs by the client.
Natalie Crowe Designs reserves the right to discontinue services or terminate the Client & relevant services if at any point the Client breaches terms and conditions outlined in this document. This is inclusive of situations whereby the Client becomes confrontational. Should this occur,
Natalie Crowe Designs will provides the Client notice in writing of said termination via email or SMS based on the communication method.
Natalie Crowe Designs is the copyright owner of all works created or developed by Natalie Crowe Designs for a client unless otherwise agreed to in writing. When payment for the product or service is made in full by the client for the product or service, the client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the client is restricted from selling the product or promoting the product as their own unless otherwise agreed in writing with Natalie Crowe Designs.
Natalie Crowe Designs claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
GENERAL ACCESS & SYSTEM MONITORING
As a provision of service Natalie Crowe Designs exhibits the right to access the cpanel, it’s relevant modules and any the files and contents stored on hosting environments. This non-negotiable access is our standard provision with all hosted accounts. Natalie Crowe Designs does not require explicit instruction or permissions to do this. This permission extends where developer deems necessary. Access to the cPanel and relevant components required to complete various hosting management tasks, monitoring your accounts and ensuring your system is running efficiently and within it’s resources. In addition to our standard access and system monitoring. You may additionally specifically instructed us verbally or in writing to act on your behalf to access specific elements ie your mail, upload files to your account or complete various tasks, fees and charges do apply.
As a creator of copyright material, Natalie Crowe Designs has the following rights:
To be attributed when its work is used;
Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice Natalie Crowe Designs’s honour or reputation.
INTERNATIONAL LICENSING REQUIREMENTS
Natalie Crowe Designs may display its own copyright and intellectual property notices on any websites that Natalie Crowe Designs develops and the client (or any third parties related to or engaged by the client) must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with Natalie Crowe Designs.
The client agrees that in the provision of web design services by Natalie Crowe Designs we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the project must be passed on to a third party, Natalie Crowe Designs will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Natalie Crowe Designs may accept to maintain and secure a website that is not hosted by Natalie Crowe Designs’s third party. In that case, the client will refer to Natalie Crowe Designs fees and charges for the requested services.
AGREEMENT NON EXCLUSIVITY
The client acknowledges that Natalie Crowe Designs is providing services to the client on a non-exclusive basis and that Natalie Crowe Designs may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
Natalie Crowe Designs shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Natalie Crowe Designs shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Natalie Crowe Designs retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
COURSES & DIGITAL PRODUCTS:
Natalie Crowe Designs acknowledges based on the nature of the delivery of content, refunds are not available under any circumstance for any digital products or courses purchased. Client must ensure they are 100% happy with their decision before confirming payment. Change of mind, choice of non-usage or otherwise will not be considered a valid reasons. All digital products or course purchases are final and as terms and conditions of purchasing any product or service from this website client agrees explicitly to this condition of purchase.
Natalie Crowe Designs also reserves the right to terminate access to any digital product provided, if we suspect a client is conducting behaviours which will negatively impact our provision of service. This includes:
- Deceptive conduct,
- Provision of access to external parties; including other development professionals, to Natalie Crowe Designs hosting, websites or any other rendered services without written permission.
- Duplicating or any sort of replication of systems developed by Natalie Crowe Designs, including making a copy of the website without notifying Natalie Crowe Designs 72 hours ahead of the event, and receiving acknowledgement. Further, Natalie Crowe Designs must be given the ability to remove licensed services, development tools that are explicitly registered for Natalie Crowe Designs usage before any duplication occurs. Any attempts do successful or not, are deemed a breach of services and constitute immediate termination of services. Acknowledging that client is liable for theft of licensing in such circumstances which will be reported to the provider to the services.
- Jeopardising website security including disabling any Natalie Crowe Designs implemented security plugins without permission.
- Distributing protected content,
- Plagiarizing or infringements on copyright.
- Account sharing – providing access to your account through use of credentials or inadequately logging out of accounts on completion of usage
- or anything other behaviour deemed malicious or not in Natalie Crowe Designs’ best interest.
Should a client be terminated due to misconduct, client acknowledges and agrees as a condition of contract that they will not be entitled to any sort of refund or reimbursement of any kind and must immediately cease using any content or resources provided.
These Terms & Conditions are subject to change without notice.