Terms of Service

Section 1: Entire Agreement

These Terms contain the entire agreement between you and PsychDigital regarding your purchase of logos, graphics, branding guidelines, animations, tools, blog posts, books, content, branding services, search engine optimization services, web development services, customised writings to improve psychological wellbeing and/or any other Services that PsychDigital would potentially offer (“Services”) from this Site, and they supersede any prior representations, agreements, or conditions implied by trade, course of dealing, or custom. No amendment to these Terms is enforceable against us unless submitted in writing and signed by us.

Section 2: Your Privacy

Our Privacy Policy, which is incorporated into these Terms by reference, governs your submission and our use of personal information through this Site. By submitting your personal information to us in connection with your order, you consent to us processing (either directly or through third party service providers) your information to fulfil your order in accordance with our Privacy Policy. To view the applicable Privacy Policy, please click here. 

Both PsychDigital and our third-party service providers (where applicable) process personal data as data controllers in their own rights. As two separate data controllers, neither PsychDigital nor the third-party service providers control the processing of your personal data by the other party. The third-party service providers may process your personal data to facilitate returns (if and where applicable) and to provide any kind of customer service to you. The third-party service providers may also use your personal data for marketing purposes in accordance with applicable law and subject to your consent where required. To understand how our third-party service providers uses your information, you should read and understand its privacy notice and policies.

Section 3: Your Obligations and Representations

This Site is not targeted or aimed at children or to other individuals who do not have the legal capacity to contract. By placing an order, you declare that you have the legal capacity to contract in the state or country of your residence. If you are placing an order on behalf of a third party, you declare that you have the authority to act on that party’s behalf and your acceptance of these Terms constitutes that third party’s acceptance.

You declare that you will comply with all applicable laws and regulations. You agree that you are not purchasing the products or services for re-sale, transfer, or use in violation of any applicable laws. You further agree that you will not use them for any illegal or unauthorised use.

You declare that the information you provide in connection with your purchase, including your physical address, email address, and payment information, is complete and accurate. You declare that you are authorised to charge and initiate a payment via the payment method you designate for your purchase.

Section 4: Placing an Order

When we offer products and services for sale on this Site, we are inviting you to make an offer to buy the products and services shown. When you place an order by clicking or activating the appropriate button or hyperlink on the Site (if and when that option is activated) or in writing via email, you are making us a legally binding offer to buy the products and services you have selected on these Terms.

We accept your offer only post confirmation with you via email in relation to the delivery date (which includes any stipulations (e.g., if it’s not possible to deliver some aspect of the order by the requested deadline, any uncertainties, any information that is material to completion of the order etc.) and until we have received approval by your chosen payment method* and made the order available to you, such as providing you with a download link or delivering the product via email to you.

At our discretion, we reserve the right to decline your offer and cancel your order. Any system-generated order confirmation we send when you complete your order is an acknowledgement of your offer only and is not an acceptance of your offer, which is subject to correction before we have emailed your product and or service or otherwise made it available to you, such as providing you with a download link.

By placing an order via this Site or via email, you are consenting to our use of electronic communications related to your transaction and the electronic confirmation of the order, electronic delivery of order, delivery of notices, policies, and records of the transaction. You agree that we may keep pertinent contract records, including communications and acknowledgements, as permitted by law.

*Payment Method – Payment method is mechanisms that PsychDigital has enabled or would potentially enable for you to complete the purchase via methods like PayPal, Stripe, GooglePay, ApplePay, Credit Cards, Debit Cards or any means made available by us. Once the payment method is confirmed by you, PsychDigital will send you an invoice via email to pay either by bank transfer or PayPal link (which are currently activated payment methods) for either the full amount or a 50% deposit (depending on the service) being opted by you.

Pre-bookings are non-transferable and non-refundable.

Section 5: Product Description, Pricing and Delivery of Services

We make every attempt to ensure that the products and services offered for sale on the Site, via electronic mail, Order Form or the Proposal are described and represented as accurately and as completely as possible. However, mistakes may occur and if there are errors, we reserve the right to correct and revise.

We reserve the right to re-check and perform Order validation, which means the Order details following the final payment to confirm whether the requirements of the Services were met successfully as indicated by you. Should a mismatch occur, Support reserves the right to modify the order to ensure that your requirements have been adhered too.

Prices are subject to change. The prices payable are those prices valid at the time of our acceptance of your offer and are in the currency indicated on the Site. Unless otherwise indicated on the Site, prices for products and services do not include GST; other taxes, delivery, export, or other charges.

Changes in order details* and the scope of work will be processed only if work on the order has not yet commenced. No changes can be made once strategists, designers, developers, researchers or writers (Subcontractors or Employees) have started working on the order. Should the order details increase in volume, order complexity, or narrow the completion terms, you will be asked to provide additional compensation for the additional instructions.

We are held responsible for the delivery of the service and for meeting the deadline indicated in the order.

It is your personal responsibility to ensure the availability of delivery channels once we have provided the service to you. We will not be held responsible for an incorrect email address indicated by you in the profile, spam filters, internet outages and general negligence caused by you in providing communication channels and other contact means which are beyond our control. You are encouraged to contact Support for any kind of assistance with the delivery of your digital product.

You are held responsible for downloading the service in a timely manner after the service has been provided by us.

Seven days after the deadline, the funds will be released automatically, as this is a part of our Subcontractor’s protection. Please review each order carefully. Once the entire agreed-upon sum is received by the Subcontractor, it is deemed that the work done is complete, and no refund will be made.

*Changes – If the Subcontractor or Employee has already commenced the ordered work, you are not eligible to make any changes and no refunds will be issued. However, If the Subcontractor or Employee has not yet commenced the ordered work, you can request a 50% refund from the original fees agreed at the time of confirmation of the order.

Section 6: Payment Terms

You agree to pay for the product through the payment methods offered on this Site. Those payment methods may be subject to their own terms and conditions. We may use third party service providers to process and authorise your payment. By placing an order, you are authorising us and our third-party service provider(s) to charge you for your purchase using your selected payment method. You further agree that we may charge the total amount of the purchase—including any applicable taxes, delivery, and customs charges—to your designated payment method. If we have delivered your product or service to you and your payment method fails for any reason, you agree to pay us the full amount due upon demand.

Should you wish to terminate services renewed automatically on a month by month basis (usually on-page SEO), written notice is required at least 30 days prior to termination. A pro rated invoice for the balance of the 30 days will be issued.

Section 7: Export

By completing a sale on the Site, you agree to comply with all applicable import and export laws and regulations, including laws and regulations that place restrictions on the destinations, user, and end use of the products and services. You agree that you will not purchase or use any products or services offered for sale on this Site if any applicable laws in your country prohibit you from doing so. Accessing or using any products or services sold on this site in a location where their use is illegal is strictly prohibited.

Section 8: The Use of Products and Services

When making a payment for an Order, you agree it is for commercial use only, and the payment you make is a reflection of the time and effort put into conducting relevant work pertaining to your order as well as all the necessary maintenance and administration for Service delivery.

If so, indicated on our website, you may use a product “white label”. This means you can use the content of the product in your own material, under your own name or under the name of your practice. The further conditions of use over a reasonable limit necessary for your own professional purposes is prohibited under the Terms of this Site.

Depending upon the purpose of the order placed, PsychDigital shall appropriately assign all rights to publish along with intellectual property rights of any Content, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, including without limitation the rights to archive, republish, edit, repackage or revise any Content in any manner as the purchaser sees fit. The rights conferred upon the purchaser by this agreement shall be exclusive to the purchaser.

Purchasing a product does not give you any title or right therein other than as expressed above. You are not allowed to publicly disclose the names, other personal details and/or content of persons contributing to our website, our Writers who facilitate your content without their prior consent. Please keep this information confidential.

Section 9: Additional Terms

Your use of the products and services we offer may be subject to the additional terms of our Third-party service providers which will be presented to you at the time of your purchase. Prior to completing your purchase, carefully read any additional terms and conditions provided to you. Do not complete the sale if you do not agree to the terms. Where additional terms are delivered with your product or service, you must review them immediately. If you do not agree to those terms, you must not use the product or service.

Section 10: Upload of Content to Customer Websites

PsychDigital will upload optimized content and tags to your website, where a web page is written in a language that our technicians are trained in. If a web page has been designed using languages that we are not skilled in, uploading of content will be the responsibility of the customer and/or their webmaster.

Customers who provide PsychDigital access to make changes to their website do so with the understanding that PsychDigital is not liable for any errors which may occur in these updates. PsychDigital must make all website changes with full care and the skill expected of a professional provider of the Services. You agree to have a regular backup system in place, and by purchasing our Website Content Services, you warrant that you have a regular and secure backup system in place.

Section 11: Website Design

Website design services are provided as per your Proposal with PsychDigital. An approximate timing schedule is provided at the time of the Proposal. Failure to provide assets, content, feedback or other items within the specified time will delay the setup of the website.

After the launch of a website, you are responsible for backing up your website on a regular basis. If you request us to do so, we will provide assistance regarding set up of website backups. In the event that your website goes down or encounters another error, and it is hosted on a website server other than the PsychDigital server, we are not responsible for bringing your website back online.

Where plugins have been used within a website, or on a platform that requires version control, is it the responsibility of the client to manage and maintain these, once the website is live. PsychDigital will ensure all plugins and CMS versioning are up to date when the site is launched, however, ongoing, this is required by the client to manage. PsychDigital offer services to help keep these up to date, should this not be an option to be maintained by the client, to be charged at our hourly rate.

Where plugins have ongoing fees attached, it is also the client responsibility to ensure payment is current to ensure using that plugins service. PsychDigital is not responsible for checking through each site and ensuring payments, plugins or CMS versions are up to date, once launched.

Where the scope of work changes part way through the project, we will rescope the project to take into account changes to cost and timeline.

Section 12: Email Setup

PsychDigital will provide limited assistance in the setup of your email addresses via a selected third party. Instructions will be provided on the setup of the email access on your desktop and mobile devices in a single email client. Any further support regarding the setup or ongoing usage of your email will be provided via the third party, or can be requested from PsychDigital to be charged at our hourly rate.

Section 13: Search Engine Optimization (SEO)

PsychDigital will undertake the optimization of your website as per best-practise techniques used in the industry.

Although we are the specialists in the industry, you agree and understand that SEO does not provide any guaranteed results and that results can vary based on your website history, industry, and many more factors. You agree to release us and any subcontractor, employee, owner, or director of PsychDigital from being liable for any damages, cost, or loss of business due to any incidents and/or issues relating to any search engine’s actions.

Websites which fail to comply with the following guidelines are excluded from any expectations which may have been set with respect to the SEO results:

(a) Where the submitted site is not the destination URL including 301, 302 and DNS redirects.

(b) Without content which can be readily indexed by a search engine, including but not limited to sites which contain only images, frames or flash content.

(c) That rely heavily on content or links to content created for another website, such as affiliate content.

(d) Which result in a 404 error or have frequent downtime.

(e) Which are secure such as https pages.

(f) Where the “robots.txt” file is set-up in a manner which disallows crawling by search engine spiders and web robots.

(g) Where the website’s content is predominantly a duplicated version of content found on other website/s.

(h) If the website contravenes any other listing and SPAM guidelines as outlined by Google or any other search engine.

You agree and understand that if you alter your SEO keywords after your initial selection of the keywords, PsychDigital has the right to charge you additional fees provided that the additional fees are notified to you prior to commencement of any such additional work.

Section 14: Returns and Refunds

PsychDigital is dedicated to delivering quality solutions within the mentioned deadline as per the given guidelines by you. We only aim to attain complete customer satisfaction. With a 99% customer satisfaction rate, we are fully confident in delivering work that makes you proud. However, if things go wrong, which rarely happens, you are entitled to a partial or full refund as per our policy.

Please refer to the return policy stated herein below for any return policy that applies to your purchase. PsychDigital offers returns within the below specified timelines for eligible products.

You can request and receive a complete refund for a piece of work if:

 (a) the work is not as per description

 (b) you are dissatisfied with the quality, or

 (c) we’ve failed to deliver on time

In instances of (a) or (b), we need to receive this request within 14 days after a piece of work is delivered. In the case of (c), we need to receive the request within 14 days from the delivery deadline.

No refund will be issued if you simply just change your mind about your order placed or you receive quality work as per industry best practices. Our strategists, designers, developers, researchers and writers are highly accomplished in creating tailor-made solutions based on quality research and specifications.

For projects where we deliver the work in sections (e.g., using milestones or revision cycles), the above applies for each milestone or revision cycle. If you have questions about your order, please contact us at nicole@psychdigital.net and we will direct your inquiry to the appropriate customer service team member for your order.

Section 15: Order Revision

All Writing and Design services come with a stated number of amendments that must be within the scope of the brief/instructions. Free amendments are provided to You by us to the limited extent in case of grammatical errors, typos, or any information missed out due to oversight and such information being a material factor to complete the order accurately per the brief provided at the time of confirming the order, to ensure the quality of the product provided and to ensure your total satisfaction with the product.

To receive a free revision of the product, in case of any inadvertencies, you have to submit a revision request in written form via email no later than thirty (30) calendar days after the Order delivery date. Should the revision deadline be missed, you may have your order revised for additional payment or place an order for editing.

Where revision requests are applicable as mentioned above, our Quality Review Experts* reserve the right to decline a revision request if the revision instructions violate initial Order instructions or seem to be unreasonable. In such cases, you may be requested to pay additionally for the requested changes or place an order for editing.

Our Quality Review Experts reserve the right to decline or limit multiple revision requests if your behaviour demonstrates obvious exploitation of the Subcontractor or Employee and other unreasonable requests.

If the request meets all defined requirements underlined in these Terms of Service, we will revise the delivered service free of charge.

*Quality Review Experts – Quality Review Experts is a team that guards and evaluates the quality of the products and services provided.

Section 16: Termination

We reserve the right to terminate your right to use our Services even when you have paid the full amount if the information initially provided while placing the order is subsequently substantially modified, contains false or misleading information, or conceals or omits any information we consider as being relevant; if you do not cooperate throughout the ordering process; if we suspect that you are involved in any fraudulent transactions. Any attempt to undermine or cause harm to PsychDigital’s server or its customers is strictly prohibited and will be subject to automatic termination of the contract. This includes spamming, transmission of malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them. PsychDigital may terminate your account and forfeit any fee to be paid at any time without prior notice, if you are in breach of the terms of this Agreement. PsychDigital will be the sole arbiter as to what constitutes a violation of the Terms of Service.

Section 17: Title and Risk of Loss

Provided your designated payment method has been honoured, Title of digital products and Risk of Loss transfers when we make the product available for download.

Section 18: Limitation of Liability

Except as otherwise provided for in these Terms, PsychDigital supplies services “as is” to the fullest extent permitted by law, with no warranties or representation of any kind. PsychDigital disclaims, to the fullest extent permitted by law all warranties, express, implied, and statutory (including, without limitation, damages for loss of data or profit, loss of business operations, loss of income, loss due to business interruption, claims from clients, fines from government authorities and non-infringement). We do not warrant that any products or services will be safe, conform to written or oral specifications, conditions of accuracy, completeness, actuality, likely results, reliability, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, guarantees, representations or promises. The products and content may include technical, typographical, or photographic errors. Furthermore, we can only be held liable if the damage is caused by the intent or wilful recklessness of one of our Subcontractors or Employees. However, those Subcontractors, nor any of our Employees can ever be held directly liable.

To the maximum extent permitted under applicable law, in no event and under no legal basis will PsychDigital, its third-party service providers, or licensors be liable to you or any third party for any damages, costs, or liabilities arising from or related to the purchase or use of any products or services or these terms. PsychDigital’s total aggregate liability arising out of or related to the purchase and services is limited to the amount you paid to PsychDigital for the service.

The above limitations of liability form the fundamental basis of the bargain between you and PsychDigital.

The above cap on liability will not apply to liability for PsychDigital for (a) death, personal injury or (b) damages caused by PsychDigital’s fraud, fraudulent misrepresentations, intentional misconduct, gross negligence, or any other matters for which liability cannot be excluded or limited under applicable law.

Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law.

You will have to notify us of any damage suffered as soon as reasonably possible and no later than six months after the damage arose. Any claims for damages expire if they have not been claimed before a court within one year after the damage has arisen.

Section 19: Indemnification

You agree to indemnify and hold PsychDigital, each of our officers, employees, agents, partners, content providers, service providers, third-party service providers, and licensors (collectively “Released Parties”) harmless from any and all claims, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from (1) your purchase of services made available through this Site; and (2) your fraudulent or deceptive acts or omissions, or breach or violation of law, including infringement of any IP claim or breach of these Terms.

If we get a claim from a third party in relation to the content you have contributed, or otherwise in relation to not complying with these Terms of Service or another term or condition agreed with us, you must pay the reasonable costs we have made in relation to such a claim.

Section 20: Dispute Resolution

We hope that you are completely satisfied with the purchase of your product or service. We will make every reasonable effort to resolve any disputes you may have with us. However, if we are unable to resolve any dispute that arises in connection with your transaction, this Site, or these Terms to your satisfaction, this section governs the dispute resolution process.

Your use of the Website and these terms and conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms of service shall be governed by and construed in accordance with Australian law and the courts of Australia shall have exclusive jurisdiction to resolve any disputes between us relating to these terms and conditions. 

Section 21: Severability

If any provision (or part of a provision) of the Terms is determined to be invalid, illegal, or unenforceable, the validity of the remaining provisions will not be affected and will be enforced to the fullest extent permitted by the applicable law.

Section 22: No Waiver

Any delay or failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver on our part. A waiver of any breach or default in one instance does not constitute a waiver of any breach or default in a subsequent breach or default. No waiver by us will be effective unless it is in writing and signed by us.

Dispute Resolution

Subject to any mandatory local law, these Terms shall be governed by Australian Law and we both agree to the non-exclusive jurisdiction of the Australian Courts over the Terms and any other matter related to them, and all proceedings shall be conducted in English.

Complaints

In case you have a complaint, please email us at nicole@psychdigital.net and we will route your question appropriately and try to handle your complaint to your satisfaction as soon as possible as we are committed to working with you to help resolve any concerns you have about your purchase.