TERMS AND CONDITION
General Terms & Conditions of the Trade
Read the following carefully, as employing Shore360 Agency for any service implies that you have read and accepted our Terms and Conditions.
Please carefully read, review and be sure you understand our Terms and Conditions prior to employing Shore360 Agency in any way.
Shore360 Agency reserves the right to change or modify the current Terms and Conditions with no prior notice. Changes to Terms and Conditions will be updated on this page. It is recommended that you regularly review this page.
(a) You may engage us to carry out a Project for you by:
(b) Unless we notify you otherwise, we will accept that engagement subject to these terms and conditions. The Project will commence when we accept the engagement.
(a) All support activity is carried out between 9:00 am and 5:00 pm (EST), Monday to Friday, excluding public holidays and office closure times for standard Australian public holidays and the Christmas / New Year closure periods.
(b) After-hours contact and services are available on request or in the case of an emergency, and subject to additional fees as follows: Saturday Work: 1.5 x Professional Rate plus GST or other applicable taxes. Sunday or Public Holiday Work: 2 x Professional Rate plus GST or other applicable taxes
(a) If we provide, or have provided, you with a Quote for the Project, then that Quote: Is based on the Specifications, and is subject to change if the parties agree to amend the Specifications; Does not include GST; and Is valid for a period of 30 days from the date we issue the Quote.
(b) Acceptance in writing via email, acceptance online via the quoting portal and or payment of a deposit or engagement invoice is considered acceptance of the quote. (c) When you accept a quote with Shore360 Agency, you are also agreeing to our terms and conditions.
(a) At Shore360 Agency’s sole discretion, the Price shall be either: Shore360 Agency’s quoted Price (subject to clause 3.2), which shall be binding for thirty (30) days. If the Fees are not specified (in a Purchase Order, Quote or otherwise) at the commencement of the Project, then we will charge you at the Professional Rates for all work that we carry out for you in the course of the Project.
(b) Shore360 Agency reserves the right to change the Price in the event of a variation to Shore360 Agency’s quotation.
(c) At Shore360 Agency’s sole discretion, a 50% non-refundable deposit may be required.
(d) At Shore360 Agency’s sole discretion:
(e) Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice.
(f) Payment can be made by cash, credit card, PayPal, cheque, by bank cheque, or by direct deposit, or by any other method as agreed to between the Client and Shore360 Agency.
(g) For subscription services, including maintenance programs, email marketing, extension and connector subscriptions, an annual fee increase of 5% of the fee is applicable on the commencement of the second year and will increase at the same % on the anniversary of each year thereafter.
(h) An annual review of the Professional Rates is conducted and, where applicable, takes effect at the beginning of each new financial year (1 July). Notification of any increase in rates is provided in writing 30 days prior.
(a) Unless we expressly state otherwise, the Fees and Additional Costs do not include GST.
(a) If any account remains overdue after seven (7) days, a fee of $10 (to cover administrative expenses and not as a penalty) shall be charged per reminder for overdue payment submitted to the Client. Shore360 Agency shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.
(b) In the event of overdue payment, interest shall accrue on the invoice amount at the rate of 2.5 per cent per calendar month, and such interest shall compound monthly.
(c) Late payment shall be considered as constituting a material breach of the Contract, entitling Shore360 Agency (at its discretion) to suspend or cancel services and assert the usual remedies for breach.
(d) Shore360 Agency expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.
(a) Shore360 Agency reserves the right to suspend/cancel any or all services provided in any case where the Client fails to perform their obligations under this and any associated agreements. Shore360 Agency reserves the right to suspend/cancel any or all services provided to you, if:
(b) Where possible, Shore360 Agency may be able to reinstate a project after suspension of services; this will incur costs, and Shore360 Agency reserves the right to requote the entire project. These Additional Costs may be based upon a percentage of the original Quote, interest and administration of any overdue payments and or a retrieval fee.
(c) In any such event, you remain liable for the total cost of the contract, including all disbursements, unless otherwise agreed between the parties. Furthermore, Shore360 Agency will not refund (in part or in whole) any deposits received for the commencement of work, under any circumstances, unless agreed in writing by Shore360 Agency.
(d) Shore360 Agency reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. Shore360 Agency shall not be liable for any loss or damage whatever arising from such cancellation.
(a) If you are not a Consumer:
(b) If you are a Consumer, our liability to you for failure to apply with any applicable Consumer Guarantee is limited to (at our election):
In relation to goods:
In relation to services:
(c) If you are a Consumer, our liability to you for all Loss, however caused (including by our negligence), suffered or incurred by you in connection with this agreement, other than a failure by us to comply with any applicable Consumer Guarantee, is limited as set out in paragraph (a) above.
(d) Paragraphs (b) and (c) do not apply: In relation to a Title Guarantee; To the extent that it is not Fair or Reasonable for us to rely on them; or In relation to Consumer Goods or Consumer Services we supply to you.
(e) Any condition or warranty which would be implied by law as a term of this agreement is excluded.
(a) Shore360 Agency retains the right to display work created by our studio in our portfolio, and for marketing or advertising our services on or offline.
(b) All work supplied by Shore360 Agency is believed to constitute original work and is prepared in good faith that it does not infringe the rights of any other party. Shore360 Agency cannot provide a guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise.
(c) Shore360 Agency is unable to guarantee that any work supplied to the Client is suitable for any particular purpose and would strongly recommend that the Client conduct relevant research prior to the approval of any prepared work.
(d) All preliminary work and materials produced by Shore360 Agency for the purposes of developing any work remain the sole property of Shore360 Agency (excluding and incorporated materials supplied by the Client). Any unauthorised usage of materials produced by Shore360 Agency will be actively pursued through legal channels.
(e) By approving any final work, whether verbally or in writing, the Client assumes the responsibility for the subsequent usage of the chosen work. Shore360 Agency retains the right to re-use any original material that does not form part of any final approved work.
(f) The Client agrees that they may not claim to be the designer or showcase Shore360 Agency’s work in their portfolio and claim it to be their own.
(g) Shore360 Agency cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and may refuse use of any such material unless proof of permission is provided.
(h) Any design, copyrighting, drawing, illustration, concept or code created for the Client by Shore360 Agency is licensed to the client on a one-time only basis and may not be modified, reused or re-distributed in any way or form without the express written consent of Shore360 Agency. In the event of multiple proposed designs being submitted to you, the client, for selection, the one design selected is deemed by Shore360 Agency as fulfilling the contract. All other designs remain the property of Shore360 Agency.
(a) Until full payment has been received by Shore360 Agency, the title to all products shall remain vested in Shore360 Agency and shall not pass to the client.
(a) Shore360 Agency warrants that if any defect in any workmanship of the services provided by Shore360 Agency becomes apparent and is reported to Shore360 Agency within 28 days of the date of delivery (time being of the essence), then Shore360 Agency will either (at Shore360 Agency’s sole discretion) replace or remedy the workmanship.
(b) The conditions applicable to the warranty given by the clause are:
(c) The warranty shall cease, and Shore360 Agency shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Shore360 Agency’s consent.
(d) In respect of all claims, Shore360 Agency shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
(e) All website projects delivered by Shore360 Agency are covered by a 28-day warranty period. Details found at https://www.shore360agency.com/terms-and-conditions/#handover-warranty-and-disclaimer.
(a) The Client hereby disclaims any right to rescind, or cancel any contract with Shore360 Agency or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Shore360 Agency, and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.
(a) We will promptly notify each other in writing of any dispute in connection with our Agreement.
(b) Upon the written notification of a dispute, the client and Shore360 Agency shall use our best endeavours to resolve the dispute in good faith and expeditiously.
(c) If the dispute has still not been resolved within 10 Business Days, the client and Shore360 Agency will use our best endeavours in good faith to within a further 5 Business Days agree upon an alternative dispute resolution process (such as mediation, arbitration, conciliation, or expert determination) to resolve the dispute, and shall in good faith implement that alternative dispute resolution process.
(d) Neither the client nor Shore360 Agency may commence legal proceedings against the other until the client and Shore360 Agency have complied with the above dispute clauses.
(a) If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
(b) Shore360 Agency shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Shore360 Agency of these terms and conditions.
(c) In the event of any breach of this contract by Shore360 Agency, the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
(d) The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Shore360 Agency.
(e) Shore360 Agency may license or subcontract all or any part of its rights and obligations without the Client’s consent.
(f) Shore360 Agency reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Shore360 Agency updates this page.
(g) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
(h) The failure by Shore360 Agency to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Shore360 Agency’s right to subsequently enforce that provision.
In this agreement:
(a) A reference to “this agreement ” means these terms and conditions (including any schedule) together with a Purchase Order or Quote (if any);
(b) Headings and bold type are for convenience only and do not affect the interpretation of these terms;
(c) The singular includes the plural and the plural includes the singular;
(d) Words of any gender include all genders;
(e) Other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning, unless the context clearly requires otherwise;
(f) An expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency, as well as an individual;
(g) A reference to any legislation includes all delegated legislation made under it, and amendments, consolidations, replacements or re-enactments of any of them;
(h) A reference to a party to a document includes that party’s successors and permitted assignees;
(i) A promise on the part of 2 or more persons binds them jointly and severally;
(j) No provision of this agreement will be construed adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) Specifying anything in this agreement after the words “include ” or “for example ” or similar expressions does not limit what else is included.
Shore360 Agency shall mean Shore360 Agency, Inc., its successors and assigns or any person acting on behalf of and with the authority of Shore360 Agency, Inc.
Client shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Shore360 Agency to the Client.
Guarantor means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
Goods shall mean Goods supplied by Shore360 Agency to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Shore360 Agency to the Client.
Moral Rights are defined in section 189 of the Copyright Act 1968 (Cth), and include any similar rights in any jurisdiction outside Australia.
Project means, in relation to any work that we do for you:
(a) The project described in a Purchase Order;
(b) If there is no Purchase Order, the project is described in a Quote;
(c) If there is no Quote, then the project described in the Specifications, or
(d) If there are no Specifications, then the work that you have asked us to do.
(a) any Open Source Content Management System and other third parties;
(b) the Website Tools (except to the extent that we have modified them); or
(c) Client Content.
Support means the supply of paid support services to assist in the management, maintenance, training for, and repair of a Shore360 Agency-supplied/built/maintained solution. Website means the website that we develop for you.
(a) Additional terms and conditions relevant to specific products and services are to be read and agreed to in conjunction with these terms and conditions. (b) All additional terms and conditions can be found on the website https://www.shore360agency.com/terms-and-conditions/
The Customer has read and understood these terms and agrees to be bound by the same.
Additional for Web
The following terms and conditions relate to the provision of web services. These terms and conditions are to be read in conjunction with the GENERAL TERMS AND CONDITIONS OF TRADE.
Read the following carefully, as employing Shore360 Agency for any service implies that you have read and accepted our Terms and Conditions.
Please carefully read, review and be sure you understand our Terms and Conditions prior to employing Shore360 Agency in any way.
Shore360 Agency reserves the right to change or modify the current Terms and Conditions with no prior notice. Changes to Terms and Conditions will be updated on this page. It is recommended that you regularly review this page.
(a) The Services that we provide to you may include some or all of the following:
(b) You acknowledge that websites and other electronic services are subject to interruption or breakdown, and therefore:
Your access to the Website and the operation of the Website will not be error-free or uninterrupted.
(a) You must supply to us all required materials you want us to use in the Project, and all other content and materials we reasonably request.
(b) You must supply all Client Content in the following digital formats/methods:
(c) We may charge Additional Costs if the Client Content is not provided in the appropriate format set out in this clause.
(d) You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not: breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or compromise the security or operation of our computer systems, through a virus or otherwise.
(e) You indemnify, and agree to keep Shore360 Agency, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.
(a) The Fees do not include any searches or purchases of photo images, images, audio or video.
(b) Placement holder stock images are used during the creative and design phase. These are only examples.
(c) Correct images are to be supplied by the client. Unless otherwise specified, all images, photographs and graphics are to be supplied in standard .jpeg or .png. Each image must be web optimised (RGB 72dpi and preferably under 2mb).
(d) Stock images can be sourced and recommended by Shore360 Agency’s Creative team $25 per image. Note this does not include the purchase of any images.
(e) Stock images can be purchased by Shore360 Agency at cost plus 25% (average image cost between $20 – $40).
(f) Image cropping and optimising for the web can be delivered by Shore360 Agency at $20 per image.
(g) Image corrective retouching for web placement can be delivered by Shore360 Agency at $50 per image.
(h) Detailed image retouching and or animation is not included, but can be quoted at any time during the design and development process.
(i) Product image optimisation for the website is $5 per image (minimum 10 images). This does not include cropping and is based on the image file being supplied as batched for correct orientation (portrait or landscape).
(a) Your approval will be required for the following items that we deliver to you (Approval Item):
(b) It is the client’s responsibility to proofread all artwork and content thoroughly. Shore360 Agency accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.
(c) When we provide you with any Approval Item, and you do not request any further alterations, then you must notify us in writing that you accept the completed Approval Item.
(d) You will be deemed to have accepted the completed Approval Item if we do not receive from you, within 28 days after providing you with a completed Approval Item, either notice in writing of acceptance or requests for further amendments.
(e) Your acceptance of the completed Approval Item means that the Approval Item is complete, and no further amendments are necessary. However, we will not proceed to the next stage of the Project until we receive your written approval of the Approval Item. There may be an added cost in having to reschedule projects, staff, or facilitate continuance. If unable to perform continuance, the client will have to pay a shutdown and subsequent restart fee commensurate with the labour and resource costs incurred.
(a) If we consider it to be necessary, we will develop a Production Schedule for the Project in consultation with you. We will use reasonable commercial endeavours to carry out the Project in accordance with that timetable.
(b) If you delay in providing Client Content or in providing feedback we request, then this may result in:
If the delivery deadline cannot be changed, extra costs being incurred, including necessary overtime costs. We will charge these extra costs as Additional Costs.
Our website consultancy and planning services may include:
(a) Discussing and developing options for your online marketing, search engine optimisation and social media strategy;
(b) Planning and developing a site map, information architecture and project management.
(a) Our website design services may include:
(b) If you request further alterations or the addition of new information after the second updated version, resulting in any further updated versions of the website design concept being supplied, the additional work will be charged as Additional Costs at our then-current Professional Rates.
(c) The alterations referred to in paragraph (a) do not include a change to the Specifications. If there are any changes to the Specifications after the Project has commenced, the additional work will be charged as Additional Costs at our then-current Professional Rates.
(d) Where possible, we will attempt to provide you with an estimate of Additional Costs before undertaking the additional work. However, in some cases, due to deadline constraints, this will not be possible and we may proceed with the work without providing an estimate.
(a) Our website development services include developing a website based on the Specifications, the approved website brief, sitemap and final version of the website design concept.
(b) Our website services may also include uploading and styling/layout of the Client Content to the developed website. If applicable, we will complete a specified number of standard pages of the website. If we complete additional pages for you, the additional work will be charged as Additional Costs at our then-current Professional Rates.
(c) A content management system will be provided with the website. Our standard projects include Magento CMS or WordPress– unless otherwise specified.
(d) If we carry out any customisation work for you on the Content Management System, or build any extensions for you, then:
(e) You acknowledge that the Content Management System and many of its extensions are provided by third parties, and therefore: We have limited control over the functionality or operation of the Content Management System and any third-party extensions; Shore360 Agency is not affiliated with or endorsed by Magento or WordPress. Each extension usually has its license or Terms and Conditions as a link or text inside the control for that extension in each client’s website administration interface.
(f) A Standard Page is: up to 300 words; up to 3 images; and up to one implementation of any tabular data.
(a) Our website modification services consist of modifying your website based on the specifications or a brief.
(b) Unless otherwise specified, the Fees for website modification do not include any provision for training or post-implementation support.
(c) Shore360 Agency requires a development site, identical to the website being modified, for all modifications. This can be provided by the client or a new instance set up for a fee by Shore360 Agency.
(d) Variations between the development site and the live site may impact project timelines, and amendments will incur additional costs.
(e) All amendments and updates are completed on the development site, approved by the client and then pushed to the live site. (f) No work is delivered directly to a live site.
(a) Upon your request, we may provide to you Website Tools as part of the Website.
(b) You acknowledge that some of the Website Tools are provided by third parties, as set out in paragraph (c), and therefore:
(c) The fees for updates and upgrades for the Website Tools may change from time to time. The new fees will apply from the time of our notification to you.
(a) All of Shore360 Agency’s products (Template, Modules, Components, Plugins) are released under subscription and Shore360 Agency’s Proprietary License, unless specifically authorised by Shore360 Agency. Elements of the products released under the Shore360 Agency’s proprietary license cannot be redistributed or repackaged for use other than those allowed by the subscription.
(b) You may not modify, duplicate, redistribute or resell a Shore360 Agency Extension without prior written consent of Shore360 Agency.
(c) Shore360 Agency Proprietary Licence can be located at https://www.shore360agency.com/terms-and-conditions/#end-user-license-agreement.
(a) Shore360 Agency will make every effort to ensure websites are designed to be viewed by the majority of visitors.
(b) All our websites are optimised for the most current web browsers available at the time a website project is ‘site ready’, which means your site is located on your server. This includes Mac, Windows and mobile browsers.
(c) You understand that we cannot guarantee correct functionality with all browser software across different operating systems.
(d) Most recent browsers, Shore360 Agency optimised the website to be found on https://www.shore360agency.com/browser-optimisation/.
(e) If you require the website to comply with other browsers or versions of a browser, this may not be possible. If possible, an additional cost will be applicable and discussed prior to commencement.
(a) Websites built by Shore360 Agency include the technical services to migrate the new site to the client’s chosen host provider. Included are up to 4 hours of technical support for hosting site migration.
(b) The 4 hours of support for hosting is deemed a reasonable amount of time to migrate a website based on the host provider being a quality provider in the marketplace, the account generally containing Mercurial, Git, and a provider support availability of at least phone support.
(c) The Domain registrar username and password, and DNS access if different to the domain, must be made available by the client prior to commencing the migration.
(d) Shore360 Agency can advise on known suitable host providers; however, the final decision and outcomes remain the client’s responsibility. The client will be required to pay for the third-party subscriptions at the point of purchase/connection. All third-party accounts will be set up in the client’s name and contact for ongoing ownership.
(e) Shore360 Agency can provide advisory services to review alternative suppliers’ options and offers. A fee of 1 hour per solution review is chargeable. We offer feedback as to what is included and comments on possible potential challenges (if any).
(f) Additional costs will be incurred for additional time and effort required to migrate a site beyond the initial 4 hours. Additional costs often occur due to poor performing or non-responsive host partners, non-standard host solutions, out of date technology, solutions missing key migration tools, SSH and or Mecurial/Git.
(g) Additional costs beyond normal quoted costs may be incurred for ongoing maintenance, updates, amendments and development when the host is found to be poor performing, non-responsive, a non-standard host solution, has out-of-date technology and or lacking in version control tools to make updates to a live environment.
(h) If the Client selects to organise their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied securely as per the quoted price. Construction files of the site can be supplied on request and, at Shore360 Agency’s sole discretion, may incur a fee.
(i) Shore360 Agency accepts no responsibility for the performance or outcomes, downtimes, delays, breakdowns or data loss caused by Third Party Service Providers.
(a) Unless otherwise agreed, Shore360 Agency will deliver a web project complete with a Basic SEO set up to enable the customer to activate an SEO program. This includes a site map, Google Analytics account, meta description and page title for homepage, 404, and favicon.
(b) The Basic SEO set-up is not an SEO program or strategy. Shore360 Agency can provide support in selecting an SEO agency or can provide some SEO services.
(c) We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
(d) The Customer acknowledges that Shore360 Agency makes no warranty that search engine optimisation will lead to or improve any increase in sales, profits or any other form of improvement for the Customer’s business or any other purpose.
(a) The Fees for website development include training sessions of two hours for a maximum of four people per session. During these training sessions, we will provide information to attendees about using the Content Management System to upload content to the Website. Training sessions will be conducted online via a GoToMeeting or similar application.
(b) If additional training sessions are required, or you wish to have additional attendees at a training session, the additional attendees and sessions will be charged as Additional Costs at our then-current Professional Rates.
(a) The Fees for website development include the provision of a limited warranty for a period of 28 days following website launch or deemed ‘ready’.
(b) Shore360 Agency’s post-implementation warranty can be located at https://www.shore360agency.com/terms-and-conditions/#handover-warranty-and-disclaimer
(a) The Fees for website development include the provision of a limited warranty for a period of 28 days following website launch or deemed ‘ready’ located at https://www.shore360agency.com/terms-and-conditions/#handover-warranty-and-disclaimer
(b) We strongly recommend that websites are serviced, maintained and backed up regularly, and a full backup is always made before making any software updates.
(c) Shore360 Agency does not hold copies of websites for the purpose of support, maintenance, security or back-ups.
(d) Post the 28-day warranty, support and maintenance services are available as a prepaid service. For support and maintenance credit bundles, please refer to https://www.shore360agency.com/terms-and-conditions/#support-and-maintenance.
(e) Website support is limited to websites built by Shore360 Agency.
(a) The client is responsible for maintaining their own backups with respect to the website, and we will not be liable for restoring any client data or client websites.
(b) We will endeavour to store or archive all electronic files used in the production of your website project. However, we provide no guarantee that any stored or archived files can be retrieved in the future.
(c) Once your website is launched, archiving of the files and database and copies of these files, becomes the responsibility of the client.
(a) Disbursement charges are not included in the Fees. If we incur any disbursements or expenses in the course of the Project, we will charge these to you as Additional Costs.
(a) Until full payment has been received by Shore360 Agency, the title to all products shall remain vested in Shore360 Agency and shall not pass to the client.
(b) When a website project is completed, including acceptance tests and full payment made, Shore360 Agency will hand over the website project to the Customer on the terms contained in https://www.shore360agency.com/terms-and-conditions/#handover-warranty-and-disclaimer.
(c) Shore360 Agency will grant a perpetual, irrevocable, non-exclusive, royalty-free license to:
(d) The supply of raw/editable files is at the discretion of Shore360 Agency. Additional Costs will be based upon a percentage of the original Quote or a retrieval and release fee.
(e) Commercial fonts remain the property of Shore360 Agency, under license or its licensors at all times and are governed under licensing restrictions and rules and are not transferable.
(f) We do not warrant that your use of the designs, materials or content produced by us for you in the course of the Project will not infringe any third party’s Intellectual Property Rights or any person’s Moral Rights, but we will advise you if we become aware of any infringement.
(g) Client agrees to carry the Shore360 Agency logo or ‘Developed by Shore360 Agency’ text hyperlink in or under the website footer.
(a) Trade terms and conditions and additional terms and conditions relevant to specific products and services are to be read and agreed to in conjunction with these terms and conditions.
(b) All additional terms and conditions can be found on the website https://www.shore360agency.com/terms-and-conditions/.
(a) The Customer has read and understood these terms and agrees to be bound by same.
Additional for Design & Brand
The following terms and conditions relate to the provision of design and brand services. These terms and conditions are to be read in conjunction with the GENERAL TERMS AND CONDITIONS OF TRADE.
Read the following carefully, as employing Shore360 Agency for any service implies that you have read and accepted our Terms and Conditions. Please carefully read, review and be sure you understand our Terms and Conditions prior to employing Shore360 Agency in any way.
Shore360 Agency reserves the right to change or modify the current Terms and Conditions with no prior notice. Changes to Terms and Conditions will be updated on this page. It is recommended that you regularly review this page.
(a) You must supply to us all content & images you want us to use in the Project, and all other content and materials we reasonably request (Client Content). You must supply all Client Content at or before the commencement of the Project.
(b) You must supply all Client Content in the following digital formats:
(c) You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not:
(d) You indemnify, and agree to keep Shore360 Agency, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.
(a) The Fees do not include any searches or purchases of photo images, audio or video.
(b) You can purchase images directly, or we can purchase photo images, audio or video on your behalf. We may charge Additional Costs in respect of such purchases. We will attempt to advise you of the expected Additional Costs before purchasing the photo images, audio or video.
(a) If we consider it to be necessary, we will develop production schedules for the Project in consultation with you. We will use reasonable commercial endeavours to carry out the Project in accordance with those production schedules.
(b) If you delay in providing Client Content or in providing feedback we request, then this may result in:
(a) The Fees include provision for two sets of alterations by you to the artwork drafts we provide, which will result in us supplying two complete artwork drafts back to you.
(b) If you request further alterations or the addition of new information after the second draft, resulting in any further drafts being supplied, the additional work will be charged as Additional Costs at our then-current Professional Rates.
(c) The alterations referred to in paragraph (a) do not include a change to the Specifications. If there are any changes to the Specifications after the Project has commenced, the additional work will be charged as Additional Costs at our then-current Professional Rates.
(d) Where possible, we will attempt to provide you with an estimate of Additional Costs prior to undertaking the additional work. However, in some cases, due to deadline constraints, this will not be possible, and we may proceed with the work without providing an estimate.
(a) When we provide you with complete artwork drafts, and you do not request any further alterations, then you must notify us in writing that you accept the completed work.
(b) You will be deemed to have accepted the completed work if we do not receive from you, within [28] days after providing you with a completed artwork draft, either notice in writing of acceptance or requests for further amendments.
(c) Your acceptance of the artwork in accordance with paragraph (a) or (b) means that the Project is complete, and no further amendments are necessary.
We will endeavour to store or archive all electronic files. However, we provide no guarantee that any stored or archived file scan can be retrieved in the future.
Couriers and disbursement charges are not included in the Fees. If we incur any disbursements or expenses in the course of the Project, we will charge these to you as Additional Costs. These may include, but are not limited to, couriers, colour and mono copies, binding, presentation folders, laminating, etc.
(a) All Artwork, and all other designs, artwork and materials used in the design and production of goods or works in the course of the Project, remain our property. All Intellectual Property Rights in them and any other Intellectual Property Rights created in the course of the Project vest in, or will upon their creation vest in, Shore360 Agency.
(b) We grant you a non-transferable, non-exclusive licence to use and reproduce the Artwork, subject to the restrictions set out in paragraph (c).
(c) You must not, without our prior written permission:
(d) If you want to modify or adapt the Artwork, or use it for purposes other than the original purpose for which we provided it, then you must purchase from us the raw/editable files for the Artwork. The supply of raw/editable files is at our discretion. If you request, and we agree to supply raw/editable files, you must pay Additional Costs to us for those raw/editable files as we advise. These Additional Costs may be based upon a percentage of the original Quote or a retrieval and release fee.
(e) Type fonts remain the property of Shore360 Agency or its licensors at all times and are governed under licensing restrictions and rules.
(f) We do not warrant that your use of the designs, materials or content produced by us for you in the course of the Project will not infringe any third party’s Intellectual Property Rights or any person’s Moral Rights, but we will advise you if we become aware of any infringement. (g) Client agrees to carry the Shore360 Agency logo or ‘Developed by Shore360 Agency’ text hyperlink in or under the website footer.
(a) Trade terms and conditions and additional terms and conditions relevant to specific products and services are to be read and agreed to in conjunction with these terms and conditions.
(b) All additional terms and conditions can be found on the website https://www.shore360agency.com/terms-and-conditions/
(a) The Customer has read and understood these terms and agrees to be bound by same.
Handover Warranty and Disclaimer for Website Projects
The following are the terms and conditions for the ‘handover’ of the project, including passing the title and responsibility.
The Customer has engaged the services of Shore360 Agency, a division of Shore360, Inc. (“Shore360 Agency”), for the development of a website project based on the Customer Material and scope, the terms of which are contained in the Agreement.
IT IS AGREED
‘Agreement’ means the Agreement entered into for the development of the website project.
‘Acceptance Tests’ means the acceptance tests of the completed website project have been undertaken by the Customer and approval given by the Customer to locate the website project on the customer’s server as ‘ready’.
‘Customer Material’ means all content and information, and material provided to Shore360 Agency by the Customer for the purpose of Shore360 Agency delivering the website project.
‘Hand over’ means the process of passing title and responsibility of the website project from Shore360 Agency to the Customer.
‘Intellectual Property Rights’ means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
‘Service Fee’ means the fee charged by Shore360 Agency for the development of the website project.
‘Project’ services are detailed under the Statement of Work and any subsequent work which is agreed to under this agreement.
‘Project Ready’ means the project has passed acceptance testing and is located on the Customer’s server.
‘Software Bug’ means an error, flaw, mistake, failure, or fault in the website that produces an incorrect or unexpected result, or causes it to behave in an unintended way.
‘Support Services’ means services provided by Shore360 Agency to the Customer once the website project is Ready for a period of 28 days which are:
(a) For the first 14 days from Handover, Software Bugs on the website project are treated as a priority and scheduled for investigation by Shore360 Agency which occurs one working day from when the Customer reports the error to Shore360 Agency; and
(b) For a further period of 14 days, Software Bugs on the website project are scheduled for investigation within four working days from date on which the Customer reports the error to Shore360 Agency.
(c) The Support Services do not include upgrades to the website project. In consideration of the initial payment of the Service Fee, Shore360 Agency has developed the website project for the Customer in accordance with the Agreement. Upon payment of the balance of the Service Fee, Shore360 Agency will hand over the website project.
2.1 The Customer will pay the balance of the Service Fee prior to Handover.
3.1 Both Shore360 Agency and the Customer have performed the Acceptance Tests.
4.1 Shore360 Agency will provide the Support Services to the Customer for a period of 28 days immediately after the website project is deemed ‘Project Ready’ at no charge to the Customer.
5.1 In consideration of Shore360 Agency assigning to the Customer all existing Intellectual Property Rights of the website project, including the design and content, the Customer agrees to and accepts the terms contained herein.
5.2 Shore360 Agency grants to the Customer a perpetual, irrevocable, non-exclusive, royalty-free license to:
(a) Use the website project in the form provided by Shore360 Agency for the publication of the website project on the internet; and
(b) Sub-license the right for users to access and use Shore360 Agency Software as part of the website project.
6.1 Shore360 Agency shall not remove any Client property from Client’s premises without the prior written consent of Client. All Shore360 Agency Know-How and Pre-Existing Materials shall remain the property of Shore360 Agency at all times. However, Shore360 Agency provides the Client with free use of that IP when it is shared as part of the assignment, provided the Client uses it only for its own internal purposes and protects Shore360 Agency’s confidentiality and IP.
6.2 All content that is produced in whole or in part by Shore360 Agency in the course of delivering the Services rendered under Schedule A to this Agreement, including without limitation, notes, reports, documentation, drawings, customer lists, inventions, creations, works, devices, masks, mask works, models, works-in-progress and deliverables (collectively “Proprietary Information”) shall be the sole property of the Client, except for any pre-existing Materials, computer programs (source code, object code and listings), and IP that Shore360 Agency uses to deliver the Services, which shall remain the sole property of Shore360 Agency.
7.1 The Customer warrants that it has obtained all licenses and assignments in writing necessary for the supply of any content and/or customer material for the website, including the supply of content through any third party.
7.2 To the fullest extent permitted by law, Shore360 Agency makes no representation or gives no warranty in respect of the development of the website project except that it has developed the website project with reasonable skill and care in accordance with the Agreement and that at Handover, the website project will not contain any Software Bugs or malicious code viruses.
7.3 Nothing in this agreement is to be read as excluding, restricting or modifying the application of any legislation (including any provision of the Competition and Consumer Act 2010) (Cth) which by law cannot be excluded, restricted or modified.
7.4 To the extent permitted by law, Shore360 Agency expressly disclaims all implied warranties and conditions.
7.5 To the extent permitted by law and except as expressly provided to the contrary in the Agreement, Shore360 Agency will not be liable (whether in contract, tort or otherwise) to the other party for any loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage which may be incurred or sustained by the Customer arising from the performance or non-performance of obligations hereunder or in the Agreement.
7.6 Shore360 Agency’s total liability to the Customer for breach of the warranty given under clause 2 or other provision of the Agreement is limited to the cost of the website project as quoted and agreed at commencement.
7.7 At Handover, Shore360 Agency relinquishes all of its obligations in relation to maintaining, managing and updating the website project, and the Customer accepts all responsibility for the Website, its operations, content, security, hosting, domain name ownership and renewals, platform plugin renewals, PCI compliance (If applicable) and SSL Certificates from Handover.
8.1 The Customer has read and understood these terms and agrees to be bound by same.
End User License Agreement
SHORE360 AGENCY END USER LICENSE AGREEMENT
By purchasing any product or service from the Shore360 Agency store shore360agency.com, or from the official Magento store, you agree to the following:
This license agreement (hereinafter Agreement) is an agreement between you (the person or company who is being licensed to use the Software or Documentation) and Shore360 Agency (hereinafter We/us/our). The Agreement applies to all products/software/scripts/services you purchase from us.
1. By purchasing the Software, you acknowledge that you have read this Agreement, and that you agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
2. The Agreement comes into legal force at the moment when you order our Software from our site or receive it through email or on a data medium at our discretion.
3. We are the copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes the terms of this Agreement violates copyright law and will be prosecuted according to the current law. We reserve the right to revoke the license of any user who is holding an invalid license.
4. This Agreement gives you the right to use only one copy of the Software on one Magento installation solely for your own personal or business use, subject to all other terms of this Agreement. A separate License should be purchased for each Magento installation. Any distribution of the Software without our consent, including noncommercial distribution, is regarded as a violation of this Agreement and entails liability, according to the current law.
5. You may not use any part of the code in whole or in part in any other software or product or website.
6. You may not give, sell, distribute, sublicense, rent, lease or lend any portion of the Software or Documentation to anyone. You may not place the Software on a server so that it is accessible via a public network such as the Internet for distribution purposes.
7. You are bound to preserve the copyright information intact, which includes the text/link at the bottom.
8. We reserve the right to publish a selected list of users of our Software.
9. We will not be liable to you for any damages (including any loss of profits/savings, or incidental or consequential) caused to you, your information, and your business arising out of the use or inability to use this Software.
10. We are not liable for prosecution arising from the use of the Software against the law or for any illegal use.
11. If you fail to use the Software in accordance with the terms and conditions of this License Agreement, it constitutes a breach of the agreement, and your license to use the Software is revoked.
12. Shore360 Agency reserves the right to change this license agreement at any time and impose its clauses at any given time.
13. The license agreement remains effective until terminated. We retain the right to terminate your license to use the Software at any time, if in its sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any link or copyright notice as specified in this agreement. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent for the purchase of the Software.
14. If you continue to use the Software after Shore360 Agency gives you notice of termination of your license, you hereby agree to accept an injunction to enjoin you from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the Software.
Privacy Confidentiality
These terms and conditions are to be read in conjunction with the GENERAL TERMS AND CONDITIONS OF TRADE.
Read the following carefully, as employing Shore360 Agency for any service implies that you have read and accepted our Terms and Conditions.
2.1 The Customer will pay the balance of the Service Fee prior to Handover.
(a) Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Quote. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement.
(b) The obligation of confidence in paragraph (a) does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the Law or rules.
(c) The Party required to disclose the other Party’s Confidential Information as set out in paragraph (b) must: Provide a reasonable amount of notice to the other Party of the proposed disclosure; Consult with the other Party as to the form of the disclosure; and Take all reasonable steps to maintain such Confidential Information in confidence.
(d) Each party must take all steps and do all such things as may be necessary, prudent or desirable to safeguard the confidentiality of the Confidential Information of the other party.
(a) The Customer has read and understood these terms and agrees to be bound by same.
Support & Maintenance
SUPPORT AND MAINTENANCE TERMS AND CONDITIONS
The following terms and conditions relate to the provision of Support and Maintenance Services. These terms and conditions are to be read in conjunction with the GENERAL TERMS AND CONDITIONS OF TRADE. Read the following carefully, as employing Shore360 Agency for any service implies that you have read and accepted our Terms and Conditions. Please carefully read, review and be sure you understand our Terms and Conditions prior to employing Shore360 Agency in any way. Shore360 Agency reserves the right to change or modify current Terms and Conditions with no prior notice. Changes to Terms and Conditions will be updated to this page. It is recommended that you regularly review this page.
Once a new website is successfully deployed, Shore360 Agency believes our partnership and commitment have just begun. A truly successful website must constantly evolve and function perfectly to meet the needs of site users and your organisation. Our goal is to be there every step of the way, providing whatever assistance is asked of us, including ongoing support services. The following terms of service outline the process, pricing and expectations for ongoing support:
Our support and maintenance service is a pre-paid credit service. Purchase a bundle of hours which can be used over a 12 month period for website support. The more hours you purchase the greater the savings! Credit bundles available:
(a) All support is billed in 15 minute increments.
(b) There is a one-hour minimum on troubleshooting. Notification will be given prior to any work being done when the anticipated effort is expected to take more than the one hour.
(c) Support hours are valid for 12 months. Unused support hours do NOT rollover. Credit is NOT given to unused support hours. Any unused support hours including email/phone support, website fixes, and any other time related support outlined in the agreed Website Support Package will be forfeited after the annual expiry.
Email our support team at [email protected] to request help. If your Request is urgent, you may indicate that on the email. For the fastest response, our live chat is available during normal business hours and speak to any support team member.
Shore360 Agency’s support team is available to provide assistance with any maintenance or troubleshooting tasks involving websites, Shore360 Agency extensions and or connectors built by us. The support team is a cross-disciplinary group, who knows you and understands your website, working together to ensure all requests are expertly and efficiently handled. The types of services that may be requested through our support channel include:
Support is available Monday through Friday (9AM to 5PM EST), excluding major holidays. Requests received after hours and on weekends will be assigned to the queue the following business day. Each support request is prioritised and addressed as quickly as possible, but the following prioritisation system will help guide expectations. Normal Support – This level of support is the most common type of support request and is used for general troubleshooting and minor website issues and updates where the client’s website is functioning and operational. Requests are prioritised in the order they are received. Some examples that would require this level of support are as follows:
Escalated Support – This level of support is determined at the discretion of the Support Team when the request requires a quicker response or must include additional specialised assistance from senior team members. Escalated requests will be responded to ASAP based on team member availability. Examples of Escalated Support requests include:
Immediate support requests are automatically assigned to the front of the support queue and will be responded to by the first available support team member. Immediate Support is typically requested for urgent issues such as:
(a) Response times for all levels of support requests are based on priority and support team member availability. While all efforts will be made to resolve the issue in the shortest amount of time, actual time to resolution will vary depending on the nature of the request.
(b) Response times are indicative and not guaranteed.
(c) Shore360 Agency will use commercially reasonable efforts to promptly provide the customer with a response to each incident within 2 business days.
(d) Shore360 Agency will use commercially reasonable efforts to promptly resolve each incident. Actual resolution time will depend on the nature of the incident and the resolution. A resolution may consist of a fix, workaround or other solution in Shore360 Agency’s reasonable determination. Some resolutions may be deemed exclusions from Shore360 Agency’s support and or maintenance services and a recommendation and estimate of costs to resolve will be provided.
Support is available Monday through Friday (9AM to 5PM EST), excluding major holidays. Requests received after hours and on weekends will be assigned to the queue the following business day. Each support request is prioritised and addressed as quickly as possible, but the following prioritisation system will help guide expectations.
(a) You must provide us, at your own cost, access to the Website, development site and your computer network and systems in order for us to provide the support and maintenance services. If you do not provide us with such access within a reasonable time after we request it, then:
(b) Resolution and modification requires the following:
(a) Support hours are valid for 12 months. Unused support hours do NOT rollover. Credit is NOT given to unused support hours. Any unused support hours including email/phone support, website fixes, and any other time related support outlined in the agreed Website Support Package will be forfeited after the annual expiry.
(b) Support and maintenance service is a pre-paid service, no work will commence without support credits available.
(c) Work will not commence or resume if there are monies outstanding from previous invoices or projects.
(d) Payments are non-refundable.
(a) The following are excluded from Shore360 Agency’s
(b) Customer may elect to use billable consulting services in order to resolve issues associated with Excluded Services. Shore360 Agency will alert the customer and provide a quote for such services prior to any commencement.
(c) Services that are not included in the support and maintenance services are charge at our current Professional Rates.
Post Implementation Warranties are included in most web and development projects.
Specific details for web project warranties can be found on https://shore360agency.com/terms-and-conditions/#handover-warranty-and-disclaimer.
In no event will Shore360 Agency be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages however caused and arising under any theory of liability, whether based in contract, tort (including negligence), product liability, or otherwise. The foregoing limitations shall apply regardless of whether Shore360 Agency has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
(a) Trade terms and conditions and additional terms and conditions relevant to specific products and services are to be read and agreed to in conjunction with these terms and conditions.
(b) All additional terms and conditions can be found on the website https://www.shore360agency.com/terms-and-conditions/
(a) The Customer has read and understood these terms and agrees to be bound by same.
Privacy Policy
Privacy Statement
Last updated: December 15, 2025
Overview
‘Shore360 or Shore360 Inc’ means and includes any of its subsidiary of associated companies or their respective assigns and trading brands Shore360, ShoreFamily, Jobs360, and Shore360 Agency. Any reference to Shore360 Inc. pertains to one or all of the above brands.
Shore360, Inc. (“Shore360”, “we”, “us”, “our”) is committed to protecting your personal information and respecting your privacy in compliance with the Republic Act No. 10173 also known as the Data Privacy Act of 2012 and its Implementing Rules and Regulations (IRR), the Australian Privacy Principles (‘APPs’) contained in the Australian Privacy Act 1988 (Cth) (‘Privacy Act’), EU General Data Protection Regulation (where applicable), and other applicable laws This policy explains how we collect, use, disclose, transfer, retain, and secure your Personal Data when you access our website or use our services.
Controller and Processor
Shore360 is the data controller for the Personal Data that we collect and process. Where we engage third‑party service providers or sub‑processors, they act as processors under contract, and we exercise oversight to ensure compliance with this policy and applicable law.
Types of Information We Collect
We may collect the following categories of Personal Data:
Legal Bases for Processing
We process your personal information only when there is a lawful basis to do so. These lawful bases include fulfilling our contractual obligations to you, such as providing services, employment, or sales. We also process personal data to comply with legal requirements, including tax and government reporting. Furthermore, we may process your information based on your consent, particularly for marketing, sensitive data, or non-essential purposes. We pursue our legitimate interests when such interests do not override your rights; examples include improving our services, preventing fraud, and maintaining security. In addition, we process personal data to protect vital interests in emergency situations or when required by law.
Purposes of Processing
Your Personal Data may be used for:
Disclosure and Sharing
We may disclose your Personal Data to:
Any third party receiving your personal data will be bound by contractual obligations to protect your data consistent with this policy and law.
International Transfers
If your Personal Data is transferred or stored outside the Philippines, we ensure adequate protection by:
Cookie/Tracking Technology
Cookies and Tracking Technologies
We use cookies and similar technologies to:
Data Retention
We retain personal data only for as long as necessary, taking into account:
After the retention period, data will be securely deleted or anonymized/de‑identified.
Your Rights
Under applicable law including Data Privacy Act of 2012 and General Data Protection Regulation (where applicable), you have the following rights concerning your Personal Data:
Security Measures
We implement reasonable technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of your information. These include encryption, access controls, regular audits, staff training, secure networks, etc.
Children’s Privacy
We do not knowingly collect or process personal data from children under [13 or local age requirement] without verifiable parental consent. If we discover that data of a minor has been collected without consent, we will take steps to remove it.
Changes to This Privacy Policy
We may amend this Privacy Policy from time to time to reflect changes in law, technology, or business practices. Any changes will be posted on this page with the updated effective date.Contact Us
If you have any questions regarding this Privacy Policy or seek to exercise your data privacy rights, you may contact our Data Protection Officer at [email protected].From idea to impact — we design, develop, and deliver digital excellence.
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