TERMS AND CONDITIONS

1. General Disclaimer

The services provided by Patrick Tucker, including but not limited to graphic design, printing, website hosting, website design, domain name registration, SSL certificates, AntiSpam solutions, and ongoing website maintenance, are offered on an “as-is” basis. While Patrick Tucker strives to ensure high-quality service, no guarantees or warranties of any kind, whether express or implied, are made regarding the reliability, accuracy, or completeness of any service provided.

2. Limitation of Liability

To the fullest extent permitted by Australian law, Patrick Tucker shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the use or inability to use our services. This includes, but is not limited to, loss of revenue, loss of data, or any other commercial damages or losses.

Patrick Tucker’s total liability for any claim related to our services shall not exceed the amount paid by the client for the specific service in question.

3. Consumer Guarantees

Nothing in this disclaimer is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law (ACL) or any other applicable legislation. If any part of this disclaimer is found to be unenforceable under the ACL, that part shall be severed, and the remainder of the disclaimer shall continue in full force and effect.

4. Indemnity

Clients agree to indemnify and hold harmless Patrick Tucker, along with his employees and agents, from any claims, liabilities, damages, or expenses (including legal fees) arising out of or related to the use of our services, breach of these terms, or violation of any law or the rights of a third party.

5. Data Protection and Privacy

Patrick Tucker is committed to protecting the privacy and security of clients’ personal information in accordance with the Privacy Act 1988 (Cth). Personal information will not be disclosed to third parties without the client’s consent, except as required by law.

6. Service-Specific Terms

– Website Hosting Services
Website hosting services are provided through third-party providers. While every effort is made to ensure uptime and reliability, Patrick Tucker cannot guarantee uninterrupted or error-free service. Patrick Tucker shall not be liable for any data loss, downtime, or other issues that may arise from the use of hosting services. Clients are responsible for maintaining their own backups of all data hosted on our servers.

– Email Hosting Services
Email hosting services are provided through third-party providers using the cPanel system. While Patrick Tucker facilitates the setup of email accounts, he does not control or guarantee the performance, security, or availability of the email services. Patrick Tucker is not liable for any issues related to email downtime, security breaches, lost or delayed emails, or any other disruptions to the email service. Clients are responsible for maintaining their own backups of important emails and data. Any problems that arise from the use of third-party email hosting services are outside of Patrick Tucker’s control and responsibility.

– Domain Name Registrations
Domain name registration services are facilitated through third-party registrars. Patrick Tucker acts as an intermediary to assist with the registration process but does not control the availability of domain names or the actions of the registrars. Patrick Tucker is not liable for any losses or damages resulting from the failure to register or renew a domain name, including any interruptions to website or email services.

– Graphic Design and Printing
While Patrick Tucker strives to achieve accurate colours and high-quality printing, variations may occur due to technical limitations. Clients are responsible for final proofing of designs before printing. Patrick Tucker is not liable for any errors or omissions in the final printed materials that were present in the approved proofs.

– Website Design and Development
Websites are developed to be compatible with current versions of major browsers at the time of delivery. Patrick Tucker does not guarantee compatibility with future browser versions or updates. Any subsequent modifications or updates requested by the client may incur additional charges.

– SSL Certificates and AntiSpam Solutions
SSL certificates and AntiSpam solutions are provided through third-party vendors. While Patrick Tucker facilitates their installation and configuration, he is not responsible for any downtime, service interruptions, or security breaches that may occur.

– Ongoing Website Maintenance
Maintenance services are intended to keep your website up-to-date and secure. However, Patrick Tucker cannot guarantee that the website will remain free from vulnerabilities or issues. Clients are responsible for regularly backing up their data.

7. Dispute Resolution

In the event of a dispute arising from or related to our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to arbitration in accordance with the laws of the state of Victoria, Australia.

8. Changes to Disclaimer

Patrick Tucker reserves the right to modify this disclaimer at any time. Clients will be notified of significant changes, and continued use of Patrick Tucker’s services after any such changes constitutes acceptance of the new terms.

9. Governing Law

This disclaimer shall be governed by and construed in accordance with the laws of Australia. Any legal action or proceeding arising under this disclaimer shall be brought exclusively in the courts of Victoria, Australia.