Terms

Terms of Service

I, Shasha Gong (the owner of this site, you can call me Sasha 🙂 ) want you to enjoy working with me and using my services. To do this, let’s lay a few ground rules so that everything can work well  for everyone. It’s a long document, you might want to get a cup of tea.

When you (“you,” or the “User”) purchase and/or agree to use Shasha Gong’s services, products, and web site (collectively referred to in this document as the “Services”), you enter into a legal agreement with Shasha Gong. This page details the agreement and explains the terms of that agreement.

Unless otherwise agree with you in writing, you are bound by terms and conditions set out in these Terms of Service (“Terms”).

If you have received another set of agreements from Shasha Gong, or have entered into an agreement separate to this, you are bound by both those terms and the terms here. You will find that most of them overlap.

When purchasing the Services, the Terms form a legally binding agreement between you and Shasha Gong. Take time to read them carefully.

Shasha Gong maintains the right to change or replace the Terms at any time, at its sole discretion. You are responsible for checking and reviewing the Terms regularly to keep yourself updated of any such changes.

Accepting the Terms

Before purchasing the Services, you must accept the Terms, and you may not use the Services if you do not accept the Terms.

There are two ways to accept the Terms:

  1. by purchasing from this website you confirm you have read and agreed to the Terms
  2. by using the Services of Shasha Gong in any capacity. When you start using the Services, Shasha Gong will assume that you have accepted the Terms. Once you use the Services you are bound by the Terms until you terminate your relationship with Shasha Gong.

Provision of Services by Shasha Gong

Shasha Gong may change Services or add new services in the future. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services available on this site may change without prior notice to you.

You acknowledge and agree that Shasha Gong may suspend or discontinue, without prior notice to you and at the sole discretion of Shasha Gong, some or all of the Services listed on this site, making the Services unavailable to you or other users. If Shasha Gong deems it necessary to discontinue the Services for any reason, you will receive at least 7 days notice before your account is removed from this website.

You acknowledge and agree that if Shasha Gong disables access to your account, you may not be able to access your account details, purchase history or any other details that may be contained in your account.

Use of the Services by You

In order to gain access to certain services, you may be required to give Shasha Gong information about yourself. You agree that you will only provide information that is relevant, accurate, correct, and up to date.

You do not need to register with Shasha Gong to purchase the Services on this site.

You agree to purchase and use the Services only for purposes that are permitted both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions.

You shall not register for more than one user account. You shall not register for a user account on behalf of someone else or on behalf of a group, unless under a special business arrangement with Shasha Gong made prior to the registrations.

You agree not to use or attempt to use another user’s account.

You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.

You agree not to reproduce, copy, sell, trade, or resell all or any part of the Services for any purpose, including merchandise and hardware sold through the website.

You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. Shasha Gong has no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that Shasha Gong may incur).

You agree to be responsible for keeping your passwords associated with your account secret and secure. Shasha Gong may be able to help you retrieve lost passwords, but may not be held responsible or liable if this is not possible.

You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not.

If you become aware of any unauthorised use of your password or account, you agree to notify Shasha Gong via e-mail to shasha@shashagong.com as soon as possible.

You must be at least 18 years old to be allowed to register and use the Service. If you are not at least 18 years old, you shall not attempt to register.

Privacy and Personal Information (Privacy Policy)

You agree to the use of your personal information and data in accordance with Shasha Gong’s Privacy Policy, which can be found below. The privacy policy explains how Shasha Gong handles and stores your information and protects your privacy. Please read this policy carefully.

You agree for Shasha Gong to keep confidential any and all aspects of the Services involved, within reason. This includes divulging details of the content and nature of the content, products and services, and any information relating to the agreed upon Services. Should Shasha Gong be asked and/or find it necessary to divulge such information to anyone, they are obliged to seek permission first.

You agree that Shasha Gong may use a sample of some Services only for the purpose of portfolio and promotional materials only, and will only use samples that do not divulge sensitive or critical information.

Content in the Services (Copyright Policy)

You acknowledge and understand that all information (including data files, e-mails, images, company documents, advertisements, sponsored content and others), which you may have access to when using the Services, are the sole responsibility of the entity from which such content originated. Such information will now be referred to as the “Content.”

You may come across Content when using the Services that may be protected by intellectual property rights owned by entities who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on this Content, without the full authority from the owner of the Content. Please refer to the Copyright Policy below.

Shasha Gong reserves the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Content from any Services at any time, at the sole discretion of Shasha Gong.

You agree that you are solely responsible for any Content that you create, transmit or display when using the Services and are responsible for any consequences of such actions.

You agree  that all existing and future intellectual property rights and copyright in all territories over the Services provided by Shasha Gong will be handed over to you (or the agreed person/s), subject to all payments being met in full. Shasha Gong retains total copyright until the final payment is made.

Any copyright issues arising from the misuse by you of text, images or previously published material are the concern of you. Shasha Gong cannot be held responsible for misuse of text and previously published material beyond their control.

This agreement exists in all territories worldwide in perpetuity.

This agreement also applies to any licensees, successors and assignees of either you, your business, your staff and any appointed person/s, or Shasha Gong.

You agree that Shasha Gong reserves the right to use the content as portfolio material. This includes using screenshots from the Services in any Shasha Gong portfolios and websites, and citing the contents in any marketing material.

Proprietary Rights

You acknowledge and agree that some or all of the Content may be classified as confidential by Shasha Gong and that you shall not disclose such information without expressed, written consent from Shasha Gong.

You shall not use any of Shasha Gong’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features that are not in accordance with Shasha Gong’s press guidelines. Questions regarding press guidelines should be directed to shasha@shashagong.com

You shall not remove, obscure, or alter any proprietary rights notices that may be found attached to or as a part of some Content.

Shasha Gong Work Practices

To ensure that you are fully involved in the production of the Services, Shasha Gong has standard work practices that are included in this agreement.
A. Pre-production of Services:

  • You and Shasha Gong will consult and discuss any and all requirements, questions and ideas for the Services to be undertaken.
  • You agrees to make any necessary items available, or make any necessary changes, and supply the changed content at the pre-production stage.
  • This stage will finish on an agreed date. Any further changes will incur additional charges(see section Payment Information).

B. Production of Services:

  • You agree that at least one representative of their organisation will be contactable during all Services processes. That person/s will be responsible for assessing and evaluating during production to ensure that all materials by Shasha Gong is suitable for use in the finished Services.
  • Shasha Gong will be available on agreed days to action any updates, and available to discuss elements of the services at agreed intervals.
  • Where Shasha Gong is unable to answer the call, Shasha Gong will attempt to call back at earliest stage where possible.
  • If no representative of your business is contactable, Shasha Gong bears no responsibility for the completion of outstanding elements incurred from such delays.
  • This stage will finish on an agreed date. Any further changes will incur additional charges (see section Payment Information).

C. Post-Production of Services:

  • Shasha Gong will make the Services available for review and assessed by you at two (2) stages during the production process and before the Services are finalised and published.
  • Should the Services involve multiple steps, you have the ability to request up to two (2) changes before additional charges will occur (see section Payment Information).
  • The first stage (1) will occur at initial reviews, after the Services is completed in round 1. You agree to request any necessary changes at that point, if there are any.
  • The second stage (2) viewing will occur at second reviews, where changes have been implemented. You agree  to request any necessary changes at that point, if there are any.
  • These changes will be incorporated at your request. However, should you still wish to make changes after stage two (2), they must be actioned by you only.
  • The Post-Production stage will finish on an agreed date. Any further changes will incur additional charges (see section Payment Information).

Payment Information

The payment details are provided to you in the following ways:

  • Upon purchasing a package from this website (one-off projects)
  • When entering an agreement, I will send you an invoice with payment instructions
  • All charges are GST free and in AUD

Payment Instructions for on-going projects:

  • Preliminary payment for A. Pre-production of Services, otherwise known as a ‘Container fee’. After acceptance of this agreement and the first of either occurrence: 1) presentation of the first invoice (14 day terms), or 2) purchase in full of a package available on this website.
  • Second payment for B. Production of Services. Upon invoice, pay within 14 day terms.
  • Third payment forC. Post production Services. Upon invoice, pay within 14 day terms.
  • Final payment additional expenses and copyright buyout as required on agreed date.
  • Total combined cost of agreement upon signing off on the completed project and receipt of final invoice, pay within 14 day terms.

All costs listed on the website, or in separate agreements, do not include any changes beyond the original scope of the agreement. If changes are required beyond the proposed agreement, these will be charged at an hourly rate set in a separate agreement. If not otherwise stated, then it will be set at $100 per hour.

The amount of costs do not include reproduction of any of the materials and contents, including but not limited to written content, images and illustrations, and any other related content. Any and all of these expenses will be subject to a new arrangement and a new schedule of fees.

Refunds

If request for Services to be cancelled is received within 24 hours notice or less of the AGREED START DATE, and no prior work has commenced, Shasha Gong reserves the right to charge a 100% kill fee of the higher of a) the full package price already purchased, forfeiting the purchase, b) $300 cancellation fee without warning, equivalent to one day’s work.

If request for Services to be cancelled is received more than 24 hours after purchase and/or agreement, 50% refund is applicable to any payments that has been made.

If request for Services to be cancelled is received within 24 hours after purchase and/or agreement, a full refund will be applied, less applicable 3rd party service fees.

Shasha Gong also reserves the right to charge an additional 1% late fee calculated and charged daily should payment not be made within 14 days from the invoice date.

Settlement of Disputes

If there are any major disputes between you and Shasha Gong concerning the contents of the Services, or this agreement, they will be settled as follows:

  • Either party may give written notice to the other of a major dispute within a reasonable amount of time. This written notice will detail all matters relevant to the dispute that must be addressed.
  • Both parties will meet in a neutral environment and attempt to resolve the differences as outlined in the written notification. This will happen 14 days after the written notification has been delivered to all parties.
  • In the event that the dispute is still not settled within 28 days of the meeting, either party can appoint a mediator to attempt to settle the dispute. Both parties must agree upon this mediator.
  • If this mediator cannot settle the dispute within a further 28 days, the agreement should be terminated.
  • Any costs leading up to the dispute arising from already completed work by Shasha Gong must be paid in full if the dispute arises unreasonably and you have had earlier opportunities to mention such disagreements but did not do so.

Termination

For the purposes of the production and finish of all Services required by you, this agreement terminates on the agreed date or once you sign off on the finished Services, whichever occurs first.

Any further work on the Services will be subject to a new agreement and a new schedule of fees.

Either Shasha Gong or you may terminate this agreement if either are in breach of the terms set out in this agreement.

Termination will take place immediately once written notice is given by either party. This written notice should state explicitly why the termination has been made.

Service Limitations

You acknowledge, agree and understand that you use the Services (including downloading Content) at your own risk and that the Services is provided by Shasha Gong “as is” and “as available” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED save to the extent of those warranties implied by the Competition and Consumer Act 2010 or any similar legislation.

Shasha Gong does not guarantee that the Service will meet your requirements or expectations in the first instance, but Shasha Gong will be willing to work through any issues that may arise where reasonable and capable. See Settlement of Disputes section.

Any material downloaded or otherwise obtained when using the Services is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access the Services through downloading or otherwise obtaining that Material.

Information and advice received from Shasha Gong, such as Content and advice, whether oral or written, shall not constitute any warranty not otherwise expressed in the Terms.

Limitation of Liability

Shasha Gong shall not be liable or responsible for any changes Shasha Gong makes to its Services available for purchasing, for any permanent or temporary restrictions or cessations of the Services, or for any harm this may cause you.

Shasha Gong shall not be liable or responsible for the deletion of, corruption of, or failure to store any Material or other data used in or maintained by the Services that is owned by you, such as social media accounts, CRM accounts and other programs.

Shasha Gong shall not be liable or responsible for your failure to provide relevant, correct, accurate, and up-to-date information.

Shasha Gong shall not be liable or responsible for your failure to keep your sensitive information secure.

Other Content

The Service may include hyperlinks to other web sites, content or other resources. Shasha Gong is not responsible for the content or availability of these third-party resources. Shasha Gong does not necessarily endorse any advertising, products or other materials featured, or available on other web sites or resources.

Other Terms

You agree that Shasha Gong may send you notices via e-mail, regular mail, or alerts within the Services.

If it is decided in a court of law that one or several of the Terms are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms.

The Terms, and your relationship with Shasha Gong under the Terms, shall be governed by the law of New South Wales. You and Shasha Gong agree to submit to the exclusive jurisdiction of the courts located in that state to resolve any legal matter arising from the Terms.

Trademarks and Copyright

Shasha Gong graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Shasha Gong in Australia and/or other countries. Any music or music related files are automatically copyrighted. Unless agreed upon on an individual project basis, they may not be used in connection with any product or service that is likely to cause confusion or break these trademarks and copyright.