Refund Policy

Latest Review: 27th October, 2023

Web Design 

Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Wild Ruby Consulting and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Web Development 

Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Wild Ruby Consulting and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Search Engine Optimisation, Internet Marketing and Social Media Marketing 

Payments for Search Engine Optimisation, Internet Marketing and Social Media Marketing services are nonrefundable, and Wild Ruby Consulting do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are non-refundable as it is applied to costs immediately incurred by Wild Ruby Consulting in initiating services. If a project is cancelled or postponed, all monies paid are retained by Wild Ruby Consulting and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Chargebacks

If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $100 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.

Website Hosting

Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 15 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount. Wild Ruby Consulting reserves the right disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.

Service Inclusions

During the Service Term Wild Ruby Consulting will:

(a) supply telephone or other electronic support to the Client between the hours of 8:30am – 5:30pm Monday to Friday (“Business Hours”) in order to support Clients enjoyment of the Services;

(b) provide the services set out in the Wild Ruby Client Handbook; and

(c) provide any additional services which have been agreed to in writing between Wild Ruby and the Client, the provision of any additional services are subject to the terms of the Agreement and may incur additional fees.

Service Exclusions

Unless otherwise agreed in writing, Wild Ruby Consulting has no liability for, and is not required to provide Services under this Agreement if it relates to:

(a) rectification of lost or corrupted data arising for any reason other than Wild Ruby Consulting’s own negligence;

(b) support rendered more difficult because of any changes, alterations, additions, modifications or variations to the Services or the use of the system or operating environment;

(c) attendance to faults caused by using the Services outside design or other specifications or outside the provisions laid down in any documentation or manual supplied with the Services, or caused by operator error or omission;

(d) restoration of data files following failure to backup in accordance with Wild Ruby Consulting’s recommended procedures;

(e) diagnosis and/or rectification of problems not associated with the Service Agreement;

(f) damage due to external causes outside Wild Ruby Consulting’s control including accident, disaster, electrical fault, power surges, lightning, internet connection fault, vandalism or burglary;

(g) the Client not following Wild Ruby Consulting’s or a third party (such as Google) written instructions for the Services;

(h) the Client’s or its third party’s abnormal use of the Services and/or any repair or damage caused by such misuse;

(i) any other Exclusions listed in the Wild Ruby Client Handbook Specifications.

Wild Ruby Consulting may choose to provide the above services at an additional cost to the Client (which will be invoiced separately).

 

Confidentiality

Each party must at all times:

(a) maintain the secrecy and confidentiality of any Confidential Information of the other party;

(b) not divulge or disclose to any other person, firm, corporation or entity any Confidential Information of the other party;

(c) refrain from copying, transmitting, retaining or removing any Confidential Information of the other party, or attempting to do the same; and

(d) use its best endeavours to prevent the disclosure of any Confidential Information of the other party by or to third parties.

For the avoidance of doubt all methodologies, documentation and procedures used by Wild Ruby Consulting for the provision of the Services are classified as Wild Ruby Consulting’s Confidential Information and may only be disclosed to staff of the Client on a need-to-know basis. Disclosure to third parties of this Confidential Information is strictly prohibited unless Wild Ruby Consulting provides its express written consent (which may be withheld in its absolute discretion).

Termination

Each party may terminate this agreement by giving 30 days’ written notice to the other party. If the Agreement is terminated by the Client within the Minimum Term, the Client will be liable to pay the Cancellation Fee as set out in the Service Agreement.

Without limiting any other rights or remedies Wild Ruby Consulting may have against the Client arising out of or in connection with this Agreement, Wild Ruby Consulting may terminate the Agreement with immediate effect if the Client:

(a) Commits a serious breach of this Agreement including (but not limited to) posting offensive material or material promoting or suggestive of illegal or criminal activity;

(b) the Client breaches a provision of this Agreement and fails to remedy the breach within 30 days of receiving notice to do so; or

(d) the Client becomes insolvent or enters into liquidation or receivership or makes a composition or arrangement with its creditors generally or takes advantage of any statutory relief for insolvent debtors.

A termination of this Agreement will not affect the Client’s liability to pay Fees for Services already performed.

Independent Contractor

Wild Ruby Consulting is an independent contractor and not an employee or agent of the Client.

The manner of performance of the Services will be at all times within the judgement and discretion of Wild Ruby Consulting.

Neither Wild Ruby Consulting nor any employee, contractor, representative, agent of Wild Ruby Consulting will by virtue of this Agreement be deemed to be an employee of the Client.

The parties to this Agreement will not be or be deemed to be in any partnership, collaboration or joint venture and neither party will hold itself out as being in any way a partner or joint venturer of the other party and neither party will pledge the credit or warrant the authority of the other party.

Australian Consumer Law

We offer refunds and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).
Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
Under the Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled;

(A) to cancel your service contract with us; and
(B) to a refund for the unused portion, or to compensation for its reduced value.

 If failure with a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.

We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

Contact Us
If you wish to speak to us about this Policy or about any refund or replacement, please contact us at: hello@wildrubyconsulting.com.au

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