Terms of Use

In these Terms and Conditions, "we", "us" and "our" means Swift Productions.

In these Terms and Conditions, "you", "your" and "the client" means you the user accessing the website https://www.SwiftProductions.com.au and the services provided by us.

In these Terms and Conditions, "code", means any or all of the following; JavaScript, HTML, CSS, jQuery, PHP, XML and TPL

In these Terms and Conditions, "site design", means the design of your website and/or eBay store.

In these Terms and Conditions, "cloud", means our backup server which is hosted by Amazon.

In these Terms and Conditions, "ebay", means eBay Inc.

You should read these Terms of Use (current page), Privacy Policy and Refund Policy before using our website or services. By you continuing to use our website or services, that means you have read and understood our Terms and Conditions, Privacy Policy and Refund Policy. If you do not agree with them then please do not continue.

We may amend these Terms and Conditions from time to time. Please check back regularly to ensure that you are kept updated. For your convenience we place a date and time at the bottom of the page when we amend our Terms and Conditions, Privacy Policy and Refund Policy.

Hosting
Graphic Design (including Logo) and Printing
Website Design
eBay Store Design
Payment
Charge Backs and Disputes
Other important things you should know
Performance and Warranty Guarantee
Design and Programming Time Frames
Fees and Charges (opens new window)
Privacy Policy (opens new window)
Refund Policy (opens new window)

HOSTING

1. These are the standard terms and conditions which apply to all websites hosted with Swift Productions. For the most part they should not have any effect on the way you use our services, the conditions outlined in this document are not intended to be more restrictive than most other commercial hosting services available in the Australian Market. They are provided to protect both ourselves, you and other clients using our services, from having your level of service being downgraded by the actions of others. If you have any problems with any of the conditions or terms please feel free to contact us as we are willing to discuss and resolve any problems you may have. 

This agreement governs the Terms and Conditions by the Client of all Services provided by Swift Productions. For the purposes of this agreement you (the client) will be referred to as “the client”.

HOSTING (Bandwidth - Data Limits and Fees)

1a. In the event the Client reaches the calendar months' bandwidth limit, the client may ask for a temporary limit increase, a maximum of 1 (one) FREE increase per 3 month period applies. If the client reaches the limit once again after we have increased it, the client can request to have their bandwidth limit increased however a fee of $10.90 inc GST for 3gb (3,000mb) will be payable. Please note that the increase amount will not be more than 3gb (3,000mb). A maximum of 12gb (12,000mb) will be increased per calendar month calculated at $10.90 inc GST per 3gb (3,000mb) increments.

1b. We reserve the right to increase/decrease our hosting fees at any time. If our hosting fees increase or decrease you will only need to pay the new rate when your hosting fees are up for renewal. Price increases rarely occur and when they do they reflect the market value and will remain competitive.

HOSTING (Unsolicited Email, SPAM, Malicious Software or Illegal activity, CPU and Memory (RAM) usage, Agreement)

1c. The client agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single client holds multiple accounts these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.

1d. Compliance with Law. In using the services provided, the client must abide by all applicable Local, State, Federal and International laws, treaties and regulations. Any violation of this provision can result in termination immediately or with 30 days notice depending on the severity of the violation, at the absolute discretion of Swift Productions. 

1e. Terms of Agreement. Subject to clause (1f) This agreement will continue for a period of 12-months unless otherwise stated. This agreement will automatically be renewed at the end of the initial Term unless terminated in accordance with this Agreement.

1f. Termination of agreement. Unless otherwise stated this agreement may be terminated at any time by the client on the giving of 30 days notice. eBay hosting fees paid by the client are non refundable. Unless otherwise stated this agreement may be terminated by Swift Productions on the giving of 60 days notice. Refer to our Refund Policy page

1g. Refusal of Service. Swift Productions retains the right to refuse service and no refund or credit will be issue to the Client. Refusal of service may result if:
(a) the client fails to pay accounts within 14 days after the due date.
(b) the agreement is terminated; or
(c) the client misuses the services or fails to comply with the customers obligations under the agreement.

1h. Unsolicited Email. The Client must not send Unsolicited email via Swift Productions mail servers. The clients' site must not be referenced or linked to in Unsolicited email. The client must not use our service to collect personal details such as email addresses, phone numbers, mailing addresses or any other personal information via our server to send Unsolicited emails, messages, letters, make unsolicited calls or to sell personal information to a 3rd party.

1i. Unpaid Accounts. Accounts may be suspended if they are not paid within 14 days after the due date and prior arrangements are not made. All data contained in a suspended account will remain on the system, however,  account holders will have no access to it, the website will display a notice stating that the account is in arrears or website suspended.

Accounts will be removed from the system and all associated data deleted if the account is not paid within 3 months (90days) after due date. Whilst accounts are in arrears, clients will not have access to data stored on Swift Productions servers. Swift Productions reserves the right to delete data on cancelled accounts.

1i (1). (eBay Only) - Account Suspended due to Store Duplication. Store duplication is stealing. NSW law "CRIMES ACT 1900 - SECT 94".
We have automated bot which randomly check for store duplication, if your account has been duplicated then you may receive a warning from us however if your account duplication was on an international eBay site such as eBay US, eBay UK, eBay Germany etc then your account may be suspended immediately.

In the event you duplicate an eBay store to another eBay AU account, we may reinstate your account and a fee may not payable (on our discretion) as long you close down or remove our duplicated design.

If you have duplicated your eBay store design to another eBay site such as eBay US, eBay UK, eBay Germany etc than we will be asked to pay for the store duplication fee. Refer to our " Fees and Charges.

1j. Unauthorized access. Attempt to use Swift Productions servers by the client to attack other networks/computers will result in cancellation of the account at the discretion of Swift Productions.

1k. Server Hosting (eBay Only). We have a 99.9% Service Uptime Guarantee for our Amazon hosted eBay stores. Should the service experience any downtime due to an error on our behalf, that is investigated and proven by us, you can contact our support staff and request a refund or account credit of the pro-rata value of product from the date of purchase up until the date of the determined failure. You acknowledge and agree that refunds will be issued via EFT or PayPal only. No other methord of refund is available.

You further acknowledge and agree that we are under no obligation to contact you regarding a refund or account credit for a failure if you have not made a refund or account credit request.

You acknowledge and agree that the Service Uptime Guarantee does not apply to service interruptions caused by:

• Any actions, of any kind, on your behalf where you have misused the product or caused a change to the configuration of the product. Such actions include, but are not limited to, alterations to the settings of the product that causes a break in the connection to the domain name.
• Any actions or alterations made to the product by third parties, or any alterations made to the product by the installation of, or any other action associated with, third-party applications
• Outages that do not affect the functioning of your eBay store, including visual appearance, yet only affect your access to internal features such as accessing the Swift CMS, AKA Swift Dashboard (eBay store management tool)
• Outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc.), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party.
• Routine maintenance, service and upgrades performed from time to time. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.

1l. CPU and/or Memory (RAM) Usage protection Swift Productions employs a system that monitors server resources like the CPU and memory (RAM). It makes sure that every user on our shared server gets their fair share of the system resources. It also prevents other users from causing performance issues for other accounts. This system is in place on our shared servers so that each user has the least chance of being affected by issues cause by another user. If a user is found to be abusing the server and it is somehow affecting other customers we will identify the user and take corrective action. This sometimes means suspending the user. VPS servers do not have this protection system.

In the event your website's usage of CPU and/or Memory (RAM) are excessive due to the either of the following:

• Poorly coded PHP scripts such as multiple nested loops, or infinite loops.
• To many Themes, Addons, or Plugins installed (You will notice your website may be loading slow or have errors)
• Queries that return inordinately large dataset results (eg: 100,000 records) in the response object of a round trip to the server.
• Queries that take too long to execute due to heavy aggregation commands like SUM, COUNT over very large datasets without proper indexing.
• Queries that are doing complex unoptimized nested joins.
• Queries that execute large batch commands like INSERTS, UPDATES, OR DELETES - these types of SQL calls are 10 times more expensive and resource intensive than the SELECT query command.
• DDoS Attacks
• Any process that uses too much memory, like a rogue cron job
• Too many simultaneous connections like Downloads, FTP, IMAP, or PHP

May result in your website being suspended.

If you have a self managed website you will need to contact your website administrator.

Website's managed by Swift Productiosn wont have any issues

1m. CONTENT ABUSE (Copyright content and Phishing)

Hosting objectionable or copyrighted content.

If you host or distribute illegal content or distribute copyrighted content without the consent of the copyright holder we have the right to suspend and / or terminate your account without notice.

If you suspect that a Swift Productions client has abused any of your tradmarks and / or copyrighted content, contact our Policy offer and report the Abuse

ATT: Policy Officer
Level 15, Deloitte Building
60 Station Street, Parramatta NSW 2150

or email [email protected] and include any supporting documents

1n. Entire Agreement.

The client acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.

Graphic Design and Printing

2. Swift Productions requires payment in full for all of our Graphic Design and Printing Services prior to work commencing. For our regular customers who have been ordering with us for a minimum of 6 months, a thirty day account may be available subject to a credit check and approval. Please contact us on 1300 55 85 86 for more information.

 2a. Once you have approved a design such as a logo or any other form of graphic design; and once revisions have commenced then you will NOT be able to change your design concept unless you order a new design. Additional fees may be payable if you wish to change your concept at our standard graphic design rate of $80 + GST per hour with a minimum of 2 hours paid up front before commencement of work.

2b. All print media (business cards, flyers, posters, banners, catalogues and anything else that gets printed) artwork designs will be sent in a 'print ready' format such as PDF only. At no stage will Swift Productions release the original file (In Design, PSD or Illustrator file) used to design your print media unless agreed to before hand. Original source files for print media are available - additional fees may apply.

Graphic Design and Printing - Service Exclusions

2c.Swift Productions do not provide any graphic design, website/eBay design, development, marketing or printing service to the Adult industry. All orders that come through via the Swift Productions website automatically will be refunded using the same payment method that was used to make the purchase.

All artwork will remain with Swift Productions and will only be released upon a release fee being paid. A release fee is paid to us to release your artwork in the original unmerged format and varies between $279 + GST up to $899 + GST.

By you using our design services you are agreeing to the Terms and Conditions.

Website Design

3. When purchasing a website, Swift Productions requires a 50% deposit on commencement with the remainder payable prior to the uploading of the website. The deposit is valid for no more than 1 year. Any cancellations requested before 1 year will be refunded as long as we have not started the design, any cancellation after 1 year or any inactivity the deposit will be forfeited and non-refundable.

By purchasing any of our services you are agreeing to our refund policy and terms and conditions

3a. Work on your website will commence ONLY after receiving cleared funds (deposit or payment in full) and ALL of the necessary content. As Swift Productions works according to a schedule, we require all of the information in front of us before we commence the project. Failure to provide us the information required from the start will greatly affect the delivery date. Swift Productions takes no responsibility for delayed uploads due to delays in receiving the content or payment.

3b. Upon completion of the website, cleared funds are to be received in full in order for your website to be uploaded and made live. Any delays associated with non-payment are not the responsibility of Swift Productions.

3c. A valid hosting account will be required to have your website live.

3d. Swift Productions adds a signature to the bottom of each website design. A fee of $289 + GST may be payable in the event you wish to have this signature removed. Even if the back link is removed we still reserve the right to use your website design as part of our portfolio.

3d. (1) By removing our signature 'Website Design by Swift Productions' without written consent by either email, fax or mail, this will be in breach of our Terms and Conditions. By breaching our Terms and Conditions we may refuse to give support, issue warranties or provide any files or artwork in either electronic form (E Mail, File Sharing or any other form electronically) or media (DVD, CD or USB).

This applies even if we are hosting your Website

3d (2) Swift Productions reserves the right to publicly display and advertise your website as part of our portfolio. These displays will only be done on the Swift Productions website, Our Social Media pages and printed media even if you wish to have the back link removed - Refer to Section / Clause 3d.

By you purchasing a website design from us you are agreeing to the Terms and Conditions.

3e. There are no lock in fees associated with your website. You are free to move your website to another service provider (hosting provider) if you wish to do so at any time. Any cost associated with the transfer to your new service provider (hosting provider) that may arise is payable by you, the client, and not Swift Productions. Any downtime of your website that may occur during the transfer is not the responsibility of Swift Productions.

Swift Productions takes no responsibility under any circumstances for any errors that may occur during the transfer.

We do not provide any support for the transfer of your website.

3e. (1) If your website is not hosted with us, our free after hours support service, website maintenance and or technical assistance will not be available to you. A service fee $165 + GST is payable if you require tech support which must be paid before support is given. This can be paid by either PayPal, Visa or MasterCard.

3e. (2) i. Website performance and warranty - All of our websites come with a performance guarantee to be without any defects and working to the standards as per your agreed requirements. All warranties and guarantees only apply if the website is hosted with Swift Productions.

If you have a CMS and/or eCommerce website using any of the following:

- Joomla
- WordPress
- BigCommerce
- Magento
- Neto
- Shopify
- OsCommerce
- WooCommerce
- ZenCart

You must keep your website updated to the latest version when available. Not doing so may be in violation of our Terms and Conditions and our performance and warranty will no longer apply.

If your account was spamming then we may terminate / suspend your account. Ths may also apply if your website is using excessive amount of resources such as CPU and Memory (RAM). Refer to Section / Clause 1l

This applies only if we are hosting your website..

Swift Productions takes no responsibility for any issues that may arise by you upgrading your website, we recommend you do a FULL compatibility check on EACH module installed and take a full backup before upgrading.

If you are unsure how to upgrade your website we may be able to assist, please Contact Us for a quote.

If the website is not hosted with us our warranty and guarantee applies for thirty days (30) after the site has been uploaded and made live. If any issues arise after the thirty day (30) period a service fee is payable. Refer to Section / Clause 9

3e. (3) SITE DESIGN - We keep a local copy of your 'site design' for 90days from when appoved. After the 90day period has elapse, your 'site design' will be backed up on our cloud server.
To keep our diskspace usage to a minimum all site designs are compressed, and all marketing materials such as banners or promotional are removed from the design before being sent to the cloud.
In the event that you would like a copy of the site design after the 90days from when you had approved it, a retrieval fee of $350 + GST is payable.

eBay Store Design

4. When purchasing an eBay store design, Swift Productions requires a 50% deposit on commencement, if the design cost is equial or greater than $1799 GST inclusive with the remainder payable upon approval and coding of the listing template and before final artwork / access has been given. The deposit is valid for no more than 1 year. Any cancellations requested before 1 year will be refunded as long as we have not started the design, any cancellation after 1 year or any inactivity the deposit will be forfeited and non-refundable.

By purchasing any of our services you are agreeing to our refund policy and terms and conditions

4a. By purchasing an eBay store design service from Swift Productions you are agreeing that all payments will be made to us in FULL before you will receive the final artwork or access to the eBay listing editor.

4a. (2) Failure to pay for eBay store design may result in store suspension where your store will be taken offline until payment has been made. Refer to Section 1i

4a. (3) Purchasing an eBay store and / or template design wish includes items that are noted as being FREE and / or as a BONUS; unluess specified, will only be granted once the balance of the invoice has paid in full.

4a. (4) Duplicating an existing eBay store design that has not been approved by us or paid for may result in store suspension immediately where your store will be taken offline until the store duplication fee has been paid. Refer to Section / Clause 1i (1) for more information.

4b. Cleared funds are to be received in full in order for your eBay store or listing page to be uploaded or sent via email. Any delays associated with non-payment are not the responsibility of Swift Productions.

4b. (1) Work on your eBay store will commence ONLY after receiving cleared funds (deposit or payment in full) and ALL of the necessary content. As Swift Productions works according to a schedule, we require all of the information in front of us before we commence the project. Failure to provide us the information required from the start will greatly affect the delivery date. Swift Productions takes no responsibility for delayed uploads due to delays in receiving the content and/or payment. 

4b. (2) Your eBay account must have a store subscription. We can not install an eBay store if you don't have a store subscription . When we program your store after you have approved the design, we will do so to the store name and username supplied to us. Changing this after we have completed programming (making the store live and visible) will result in broken links and possibly the store not being found. A fee will be payable if we need to re program parts of the store to match the new storename and/or username.

To ensure there are no errors we strongly recommend you to contact us BEFORE changing your username and/or storename.

By you purchasing an eBay Store Design from us you are agreeing to the Terms and Conditions.

4c. Swift Productions has developed its own eBay editing software. Access to the software is provided for free to customers that are on our eBay store monthly packages which are hosted with us. If you have purchased the eBay store outright or are hosting your on eBay store then access to our eBay editor will be provided only as a subscription bases. The cost to access the editor is $29 + GST per month paid 1 year up front

4c. (1) - Swift Productions offers full support to the client for using our eBay editor.
In the event that you attempt to make changes to our code and damage it, your store will no longer work with the editor and with eBay. Swift Productions may refuse support and charges may be payable to have this fixed.

Swift Productions does not keep a copy of the "code" that was has been hard coded into your eBay store.

4c. (2) SITE DESIGN - We keep a local copy of your 'site design' for 90days from when appoved. After the 90day period has elapse, your 'site design' will be backed up on our cloud server.
To keep our diskspace usage to a minimum all site designs are compressed, and all marketing materials such as banners or promotional are removed from the design before being sent to the cloud.
In the event that you would like a copy of the site design after the 90days from when you had approved it, a retrieval fee of $350 + GST is payable.

4d. A valid hosting account will be required to have your eBay store live. You are free to provide us with your own hosting provider as long as your hosting account has PHP 5.4 or later enabled and allows read/write access to some files.

We are not responsible if your hosting provider suspends, terminates or applies any restrictions to your account that may arise due to either excess CPU or RAM usage (usually due to excess traffic to your eBay store) . We also recommend you read their own terms and conditions.

If you prefer us to host your eBay store (highly recommended), you are agreeing for Swift Productions to host and store your eBay store files (no personal details such as credit card or eBay login details are stored with us) and that the cost of our hosting services starts from $31 per month +GST ($409.20 GST inclusive - payable 1 year upfront, 12 calendar months), however, you need to be aware that in some circumstances your hosting fee's can be up to $51 per month + GST ($673.20 GST Inclusive - payable 1 year upfront 12 calander months). This depends on the type of hosting services you require.

Our rights and your obligations

4e. Swift Productions adds a signature to the bottom of each eBay store design. The signature is a tile with the Swift Productions logo. This is linked to our ebay store. A fee of $589 + GST is payable in the event you wish to have this signature tile removed.

4e. (1) The Swift Productions signature that we will place will be a discrete "Professional eBay Store Design by Swift Productions" or similar branding as a tile at the bottom of your eBay store no bigger than 200x75 pixels. Removal, covering or any other interference of this branding is not permitted. You will have no claim on any revenue derived. You must not remove, cover or otherwise interfere with this branding, and have no claim over revenue made by Swift Productions resultant from such branding.

4e. (2) Swift Productions reserves the right to display your store as part of our portfolio. This applies even if you pay to have the signature tile removed.

4e. (3) By removing our signature tile from your store yourself without paying the removal fee you are in clear breach of our Terms and Conditions. Doing so may result in any of the following:

I. Refuse to give support or do business with you.
II. Immediately Suspend your eBay store design for 30days after which we will terminate your account (remove all files from our server – New design fee applicable).
III. Immediately Terminate your account (remove all files from our server).
IV. Take legal action against you.

Subject to clause 4e. (3), the signature removal fee must be paid immediately which is $589 + GST before we resume service(s), un-suspend or take legal action against you.

This applies even if we are hosting your eBay store.

4e. (4) Swift Productions reserves the right to publicly display and advertise your eBay store as part of our portfolio. These displays will only be done on the Swift Productions website, Our Social Media pages and printed media even if you wish to have the back link removed - Refer to Section / Clause 4e

4e. (5) Swift Productions may remove our logo from your ebay store and listing pages free of charge in some circumstances however, if you have received a promotion or discount which is greater than 40% then we will not be able to remove our logo without the fee. Refer to Section / Clause 4e for pricing and signature terms.

By you purchasing an eBay Store Design from us you are agreeing to the Terms and Conditions.

4f. If you wish to have your eBay template designed with custom modules an additional fee of $229 + GST is payable.

4g. Custom fields and modules can be arranged to work with your eBay store or eBay template. Additional fee of $229 + GST up to $989 + GST per module is payable. These modules are only payable only if they are not included with eBay package you have ordered.

4h. There are no lock in fees associated with your eBay store. You are free to move your eBay store to another service provider (hosting provider) if you wish to do so at any time. Any cost associated with the transfer to your new service provider (hosting provider) that may arise is payable by you, the client, and not Swift Productions. Any downtime of your website that may occur during the transfer is not the responsibility of Swift Productions.

The transfer of the eBay editor can not be done. This will remain the property of Swift Productions and can only be accessed by using our eBay editor subscription.

Swift Productions takes no responsibility under any circumstances for any errors that may occur during the transfer.

We do not provide any support for the transfer of your eBay Store.

4h. (1) If your eBay store is not hosted with us, our free after hours support service, eBay maintenance and or technical assistance will not be available to you. A service fee $165 + GST is payable if you require tech support which must be paid before support is given. This can be paid by either PayPal, Visa or MasterCard.

4h. (2) FTP Access - FTP access will not be given under any circumstances unless special arrangements are made. Additional fees may be payable in the event parts ofour software is installed on the requested FTP account. In most cases unless arranged prior to programming parts of our software will be installed on the FTP server. By using our eBay design services you are agreeing to our terms stated here.

4h. (3) eBay Store performance and warranty - All of our eBay stores come with a performance guarantee to be without any defects and working to the standards as per your agreed requirements. All warranties and guarantees only apply if the eBay store is hosted with Swift Productions. If the eBay store is not hosted with us our warranty and guarantee applies for 30 days (thirty days) after the site has been uploaded and made live. If any issues arise after the 30 days (thirty days) period a service is payable. Refer to Section / Clause 9

We guarantee that the eBay store will look and feel as per the agreed design in all modern day browsers such as Internet Explorer 9, Internet Explorer 10, Mozilla FireFox, Google Chrome, Safari, iPad and iPhone.

If the store does not we will try and correct any issues that may arise with the browsers mentioned above.

Older browsers may change the look / feel of the store.

CHANGES TO THE EBAY PLATFORM

5. Subject to clause 12 (Performance and Warranty Guarantee) We are not responsible for any changes implemented by eBay that may change the look, functionality or which may remove features of your eBay store. Additional charges may be payable in the event eBay's policy / terms and conditions change and your store becomes in breach of their terms.

5a. (1) In the event that you have ordered an eBay store design by us prior to eBay sending out an official notification changes that may be coming with a specified date we will work with you (the client) to transition our design / programming of the store to be compliant.

5a. (2) The changes introduced by eBay must be specific to the country your eBay user ID was registered. Example if you have registered an eBay ID under ebay.com.au then changes being introduced by ebay.com will not apply to your user ID. All eBay sites have different rules and regulations.

5a. (3) Any changes introduced by eBay which may alter the features or design of your eBay store and you wish for us to apply the changes, no refund of any sort will be given.

5a. (4) Announcements must be done by eBay direct and not a third party (ie. eBay solution provider)

5a. (5) If your eBay store is no longer able to work with eBay due to a change they are introducing and we are not able to provide you with a solution and your store is older than 1months prior to them announcing the change they we will issue either a refund/credit.

5a. (6) By you purchasing or using any of our services you are agreeing to these Terms and Conditions.

PAYMENTS

6. Swift Productions will only release artwork/stores upon receiving cleared funds in our bank account or PayPal account.
Swift Productions reserve the right to refuse handover of artwork or websites or eBay stores in the event that cleared funds are not received and failure to provide cleared funds to Swift Productions by the due date will result in account suspension and or archiving of artwork files after which a fee of $149 + GST is payable in addition to the cost of the service if archived artwork is to be retrieved.

By you purchasing or using any of our services you are agreeing to these Terms and Conditions.

CHARGE BACKS AND DISPUTES

7.In the event of a chargeback or dispute being placed by you, the client, and / or your (the client) financial institute, Swift Productions reserve the right to suspend all active services.
It is only once full payment has been paid by you, the client, and all funds have been cleared that services will be fully restored. Swift Productions are not held responsible for delays with your banking corporation.

By you purchasing or using any of our services you are agreeing to these Terms and Conditions.

OTHER IMPORTANT THINGS YOU SHOULD KNOW

8. Swift Productions takes no responsibility for mistakes of any kind on websites / eBay stores or any other form of media, be that printed, electronic or online. A proof will be emailed to you prior to the uploading of your website or eBay store or the printing of your designs to give you a chance to make corrections. Once printed or made live, any corrections required are the sole responsibility of the client. Swift Productions DOES NOT take approvals for print, website or eBay uploading over the phone. Approvals are to be emailed so that there is a traceable note of the approval.

9. Feedback and Tesimonials - If you submit feedback or a testimonial to us using either our website contact forms, social media, external web directories or email then you agree that we may publish your testimonial, together with your name and any logo that you may upload using the form or contained within the post or email. We reserve the right to publish the feedback or testimonial without notification. This will display on such page and in such position as we may determine in our sole discretion. The testimonial may be edited to remove certain private information but the feedback itself will not be changed. If you see your feedback or testimonial on our site or used in our social media marketing you may request in writing that it be removed if you so wish.

10. All revisions, changes & modifications required on any of the design work provided to you by Swift Productions, is to be emailed. Changes are not taken over the phone. All changes, revisions & modifications require a traceable note on email in order to have them done. If you wish to discuss your changes with your designer over the phone, please be sure to have them in writing also to avoid disappointment and or delays.

11. Swift Productions ensure the delivery of our products/services, each within a certain time frame. Please read the product information before making your purchase. The time frame stated is based only on the delivery of the first draft or concepts of your chosen service. Revisions of the design, if any, do NOT come with the same time frame. It is the responsibility of the customer to ensure all emails are returned in good time to avoid delays.  

PERFORMANCE AND WARRANTY GUARANTEE

12. If your website or eBay store is NOT hosted with Swift Productions we cannot guarantee the quality and reliability of your website or eBay store, since we have no control over the security and files being hosted. We do offer a limited Performance and Warranty Guarantee. This guarantee only applies to work produced by Swift Productions. It will not cover any issues that arise from changes or modifications made by yourself or any other party. Modifying the Website or eBay store in any way may result in our Performance and Warranty Guarantee being void. A service fee may be payable if you require tech support to assist you with a problem. All problem solving services will be quoted on a per job basis using our standard design and programming rates as a guide.(Refer to Section / Clause 10)

12a. If we host your website and or eBay store our Performance and Warranty Guarantee applies to the life of your hosting account. This however does not include any errors caused by yourself, anotherdesign agency or by any other third party including hacking, malware, spyware, malicious code insertion, virus infections and spider/bots. A backup restore fee may also be applicable should you require your eBay store/website restored to a previous version. Refer to our Fees and Charges for more information.

12b.The Client warrants that is has permission to provide materials, including but not limited to, images, content, logos to Swift Productions for the purpose of the design and development of the eBay store and/or website.

Products and services provided by Swift Productions should perform substantially in accordance with the Projects Specifications and/or agreed features, for a period of thirty (30) days from project sign-off and handover, unless stated otherwise.

If the product/service does not perform within this warranty timeframe, Swift Productions will, for no additional charge provide support and necessary work to ensure the product substantially complies with the Project Specifications.

The warranty will become void to the extent that any failure of the product to perform substantially in accordance with the project specifications is caused by any act or omission of the Client or any third party (including but not limited to any third party website owner).

Swift Productions cannot warrant that changes made by a third party website owner (such as eBay, Shopify Magento, Bigcommerce, Neto or any other platforms) to its website platform will not affect the Services, and Swift Productions will not be held liable for any damage or loss suffered by the Client as a result of such changes.

12c. We guarantee all our Websites Designs will look and feel as per the agreed design in all modern day browsers such as Internet Explorer 8, Internet Explorer 9, Internet Explorer 10, Mozilla FireFox, Google Chrome, Safari, iPad and iPhone. We also guarantee the same of the eBay store however this does not included Internet Explorer 8 and included Internet Explorer 9 . In Internet Explorer 8 and included Internet Explorer 9 your eBay store may change due to the browsers rendering agent. We have no control over this. Compliant eBay Store design requires CSS3/HTML5 which will only work in upto date modern day browsers.

DESIGN AND PROGRAMMING TIME FRAMES

13. Each package advertised on https://www.SwiftProductions.com.au comes with its own time frame guarantee. Our aim is to keep our customers happy by meeting these deadlines. Failure to respond to our request for information regarding your job will void any time frame advertised.

13a. Our designers and programmers work according to a strict schedule. All of our jobs are scheduled in and monitored for progress. If a customer fails to respond to our emails or phone calls requesting more information, this will not only void the time frame guarantee, it will push the project back and depending on the time frame since our last communication may even go to the end of the line.

We allow up to a maximum of 48 hours (excluding weekends and public holidays) to hear back from clients before we start prioritising and moving jobs up the queue. At that point the customer may lose their position in the schedule. Work will only continue on their project once the current project is finalised. Swift Productions will not cease working on other jobs in the event of a delayed response. Work will always continue and it is up to the client to ensure Swift Productions have all the information required, when required.

14. Swift Productions offers a Money Back Guarantee on some of our products and services. For more information, please see our Refund Policy.

If you require further information about our Terms of Use, please contact us at:

ATTN: Policy Officer
Level 15, Deloitte Building
60 Station Street, Parramatta NSW 2150
[email protected]

We reserve the right to update, correct, change, or remove any information regarding our Terms of Use without prior notice.

This Terms of Use Policy was last updated on 07/10/2024 @ 2:10pm - Sydney Local Time