Tailored Writing Services: Terms & Conditions
All of the products and services provided through superlativeresumes.com are subject to the Terms and Conditions outlined below. Any variations to the terms must be expressly agreed upon by an authorised representative of superlativeresumes.com and the client.
A hard copy of these version of the Terms and Conditions may also be downloaded as a PDF
1. DEFINITIONS
1.1 “Superlative Resumes Australia”, “me”, “I” or “myself” means Joanne M Sargeant trading as Superlative Resumes Australia ABN 83 478 176 651
1.2 “Client” means you the Applicant, Debtor, Client and Purchaser of Superlative Resumes Australia’s Services.
1.3 “Contract” means any contract for the provision of services by Superlative Resumes Australia at the request of the Client
1.4 “Document” has the same meaning as that in Section 21 of the Acts Interpretation Act 1987 (NSW).
1.5 “Order” means any request to Superlative Resumes Australia by the Client, or by their agent or representative, for the provision of Services and includes (but is not limited to) any communications sent by post, facsimile or electronic means, emails, messages (including those by text and social media) purchase orders, and verbal requests acknowledged in writing by Superlative Resumes Australia.
1.6 “Service(s)” means any training, consulting, research, copywriting, drafting, reviewing, editing, or proofreading service or other related service provided by Superlative Resumes Australia, including the provision of draft or final Works.
1.7 “Works” means any Document or thing produced as a result of the Services.
2.QUOTATIONS, RISK AND PROJECT CONFIRMATION
2.1 No quotation given by Superlative Resumes Australia shall constitute an offer and is to be treated as an estimate only.
2.2 At Superlative Resumes Australia’s sole discretion the price of Services shall be either:
(a) Superlative Resumes Australia’s quoted price (subject to clause 2.6) which shall be binding upon Superlative Resumes Australia’s provided that the quote was provided to the Client in writing and the Client has accepted Superlative Resumes Australia’s quotation in writing, identifying the Client and the quotation, within 30 days of the date of the quote.s(b) as indicated on invoices provided by Superlative Resumes Australia’s to the Client in respect of Services rendered for works provided on an ongoing retained basis
2.3 Unless otherwise stated, each quote or Order will include two rounds of revision and one round of proofreading. Additional rounds of revision or proofreading will operate as a variation and incur additional fees.
2.4 Unless otherwise stated, prices quoted are in Australian dollars and are exclusive of costs incurred due to variation of agreed project scope or information not provided to Superlative Resumes Australia’s by the Client which shall be added to the price of the Services.
2.5 The Client acknowledges that any changes to the original brief or scope of works that are requested by the Client, or recommended by Superlative Resumes Australia and agreed to by the client, will operate as a variation and will render any previous quote unreliable and will incur additional fees.
2.6 Superlative Resumes Australia will not be obliged to undertake any work additional to that which forms the subject matter of an accepted quote or Order without prior written instruction from the Client and such instructions, if accepted, will operate as a variation of the Client’s quote or Order. Superlative Resumes Australia will not be required to undertake any work in relation to the variation prior to the Client’s acceptance of the price of any variation.
2.7 If an Order is requested for urgent delivery by the client, at the sole discretion of Superlative Resumes Australia and in consideration of the scope of the Order, Superlative Resumes Australia may charge to the Client a rush loading equal to 25% of the price of the Order.
2.8 Upon the placement of an Order, or the acceptance of a quote (in accordance with clause 2.2(a)), or as otherwise agreed in writing, the Client must supply to Superlative Resumes Australia such particulars as are necessary for Superlative Resumes Australia to provide the Services, including but not limited to delivery medium, target audience, project objectives and deliverables, scope and inclusions, constraints, deadlines, company-specific information, ultimate client, required or industry-specific style or branding, document management, points of contact, confidentiality obligations, intended use, and relevant third party intellectual property rights.
2.9 Unless expressly otherwise agreed in writing, Superlative Resumes Australia is only bound to complete the Services within reasonable and normal industry turnaround times, which will be subject to the availability and current workload of Superlative Resumes Australia. The Client agrees that unless otherwise agreed, a period of 30 days is a reasonable period in which to complete the Services.
2.10 Unless expressly otherwise agreed in writing, Superlative Resumes Australia is only bound to complete the Services within reasonable and normal industry turnaround times, which will be subject to the availability and current workload of Superlative Resumes Australia. The Client agrees that unless otherwise agreed, a period of 30 days is a reasonable period in which to complete the Services.
2.11 Unless expressly otherwise agreed in writing, the Client accepts a typographical defect rate of up to 2% and acknowledges this as the copywriting industry norm.
2.12 Unless otherwise agreed in writing (which will be treated as a variation and charged to the Client accordingly), Superlative Resumes Australia is only required to perform work on, or complete the Services, during Superlative Resumes Australia’s normal working hours.
2.13 The Client warrants that any electronic file (including emails and attachments), data device or electronic device provided to Superlative Resumes Australia in the course of completing the Services is free from any virus or other defect which may cause damage or loss to Superlative Resumes Australia.
2.14 If Superlative Resumes Australia has provided Works to the Client for the Client to review, the Client must within 10 business days advise Superlative Resumes Australia of any changes required as a result of the review. If no changes are requested within this time then the Works are taken to have been completed, approved, and accepted, and the Client will be invoiced accordingly. Additional work at the Client’s request following the closure of a job will be charged at an hourly rate.
2.15 Unless otherwise agreed in writing, payment terms for projects in excess of $400 are a non-refundable deposit of 50% upfront with the balance due seven days after the first draft is provided to the Client. Projects worth less than $400 require full payment upfront.
2.16 Superlative Resumes Australia shall not be liable for any failure or delay to supply or deliver the Services where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Superlative Resumes Australia including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
3. RETURNS AND CANCELLATION
3.1 Due to their bespoke character, Works may not be returned.
3.2 Services and works may not be rejected unless the final Works provided do not conform with the brief or scope of works, and such non-conformity does not result directly or indirectly from the instructions (or lack thereof) of the Client.
3.3 If a Client cancels any Order for Services after Superlative Resumes Australia has received that Order, then Superlative Resumes Australia reserves the right to charge to the Client the costs incurred in cancelling any Order or part Order (including loss of profit) together with the costs incurred to the date of cancellation. At Superlative Resumes Australia’s sole discretion, such cancellation costs may include (but are not limited to) time spent for brief preparation, research, drafting, revision, or proofreading, artwork fees, set-up costs, or full payment of the Order in circumstances where the costs of the work completed at the time of cancellation are equal to, or greater than, the quote or Order price when calculated at an hourly rate.
4. OWNERSHIP OF WORKS
4.1 It is the intention of Superlative Resumes Australia and agreed to by the Client that ownership of the Works shall not pass until:
(a) The Client has paid all amounts owing under the Order in cleared funds for the Services (including any applicable bonus, sales taxes and other taxes, levies and duties); and
(b) The Client has met all other obligations due by the Client to Superlative Resumes Australia in respect of all Contracts between Superlative Resumes Australia and the Client.
4.2 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provision shall be deemed not to discharge the Client’s indebtedness and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
4.3 Notwithstanding that Superlative Resumes Australia may retain ownership of the Works, all risk for the Works remains with the Client for the duration of the Contract.
4.4 The Client acknowledges that it is in possession of the Works solely as a bailee for Superlative Resumes Australia until payment has been made in full to Superlative Resumes Australia and until such payment the Client shall store the products separately from its own goods and those of any other party and in a manner which clearly identifies the Works, whether as separate chattels, or as components, as the property of Superlative Resumes Australia, and must return the Works to Superlative Resumes Australia upon default of any payment as it falls due, and account to Superlative Resumes Australia any and all profits and benefit derived from the use of the Works.
4.5 The Client shall be at liberty to agree to sell the Works (independently or affixed to other materials) subject to the condition that until payment has been made, the Client shall sell as an agent and bailee for Superlative Resumes Australia and that the entire proceeds from the sale thereof shall be held in a separate account on trust for Superlative Resumes Australia.
4.6 The Client acknowledges that the intellectual property rights in the Works (including but not limited to, copyright) remains the property of Superlative Resumes Australia until all monies due to Superlative Resumes Australia are paid in cleared funds.
4.7 Unless expressly agreed otherwise in writing, notwithstanding that intellectual property rights in the Works may transfer to the Client following payment for the Services, Superlative Resumes Australia reserves the right to, and the Client irrevocably licences Superlative Resumes Australia to, use the Works, in whole or in part, for Superlative Resumes Australia’s own promotional use.
5. LIMITATION OF LIABILITY
5.1 Unless it is specified in writing by Superlative Resumes Australia in response to a written request from the Client before an Order or Contract is made, neither the Client nor the ultimate user of the Works may rely on any technical information, recommendations, statements or advice given by Superlative Resumes Australia or its agents, employees, representatives, or the like, directly or through the Works.
5.2 The Client acknowledges that Superlative Resumes Australia provides the Services based on materials, information, data, statements, and advice provided by the Client and that Superlative Resumes Australia provides the Services and produces the Works based on these provisions of the Client. Superlative Resumes Australia provides no warranty as to the accuracy or truthfulness of the Works and the Works may not be construed as a statement, recommendation, advice, or representation, by Superlative Resumes Australia.
5.3 It is the Client’s responsibility to ensure that Services Ordered and Works produced are suitable for their intended use prior to placing an Order.
5.4 The Client warrants that no part of their Order infringes on any third party intellectual property rights and acknowledges that Superlative Resumes Australia relies on that warranty in accepting an Order for the provision of Services.
5.5 The Client shall indemnify and hold harmless Superlative Resumes Australia and its officers, employees, and agents against any claims, suits, proceedings or demands made by a third party for loss or damage suffered whether directly or indirectly by infringement of its intellectual property rights.
5.6 These terms do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which by law cannot be excluded, restricted or modified.
5.7 In the case of Services supplied by Superlative Resumes Australia to a Client who is a consumer as defined by the Australian Consumer Law, to the extent that the Services are not consumer level services, the liability of Superlative Resumes Australia to the Client for breach of any warranty or condition or the breach of any duty of care shall in all cases be limited to an amount not exceeding 10% of the Order price and the Client releases Superlative Resumes Australia from any claim, suit, proceedings or demand on account of any liability exceeding that amount.
5.8 Except as prohibited by law, the Client must within 14 days of the occurrence of the first event of circumstances giving rise to a claim, suit, proceedings or demand serve written notice on Superlative Resumes Australia of those circumstances with detailed particulars.
5.9 The Client agrees that these Terms and Conditions may be produced or pleaded, as applicable, as a bar to any claim, suit, proceedings or demand, or to any entitlement to the same, if the conditions in clause 5.8 are not met.
5.10 In no circumstances shall Superlative Resumes Australia be liable for the acts, omissions, or negligence of any third parties to the Contract, including subcontractors.
5.11 With regards to electronic files (including emails and attachments), data devices, and electronic devices, Superlative Resumes Australia does not provide a warranty with respect to the functionality and will not be responsible for any loss of data or damage to other devices used in conjunction with any electronic file, data device, or electronic device used in rendering the Services or producing or providing the Works.
5.12 The Client agrees to indemnify Superlative Resumes Australia against any and all liability arising out of any use of the Works, including any liability for infringement of third party intellectual property rights, libel, slander, or any other direct, indirect, or consequential damage howsoever caused.
5.13 This clause 5 sets out the entire liability of Superlative Resumes Australia in respect of its liability under the Australian Consumer Law or otherwise in respect of liabilities to the consumer for a breach of a condition or warranty with respect to the provision of the Services and Works. In no circumstances will Superlative Resumes Australia incur any liability in respect of, arising out of, or in connection with, any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the consumer and/or Client.
6. CONFIDENTIALITY
6.1 The Client warrants that it will not disclose to any person confidential information of Superlative Resumes Australia that the Client may be shown or comes into contact with in the course of purchasing Services from Superlative Resumes Australia or from any other source including but not limited to Superlative Resumes Australia’s materials, processes and procedures, tests, reports and software, without the written consent of a duly authorised Representative of Superlative Resumes Australia.
6.2 Superlative Resumes Australia will not give or sell any information provided by the Client to any third parties for use in marketing or solicitation without the Client’s consent.
6.3 Protected information includes any information about the Client, the Client’s Order and the Client’s purchase history.
6.4 Superlative Resumes Australia may share the Client’s information with contractors of Superlative Resumes Australia for the purpose of performing the Services related to an Order or sample request.
6.5 Superlative Resumes Australia may release personal identifiable information when required by law.
6.6 Superlative Resumes Australia does not guarantee the security of any information or data in transmission Superlative Resumes Australia and the Client is solely responsible for maintaining the secrecy of any passwords or other account information.
7. MISCELLANEOUS
7.1 Superlative Resumes Australia may sub-contract the performance of a Contract in whole or in part.
7.2 If the Client is a company and the Services are ordered by a Company officer, that officer binds the Company to the Contract in their capacity as an officeholder, and also binds themselves to the Contract in their personal capacity, as a guarantor to the obligations assumed by the company, including but not limited to payment for the Services. These terms and conditions bind any guarantor to the agreement as though the guarantor were the original contracting party.
7.3 The Client must use its best endeavours to perform all cooperative acts to bring about the contractual result.
7.4 Superlative Resumes Australia cannot guarantee that this site is free from viruses or other software conditions. Users accept this risk.
7.5 This site may contain links to third party sites. Superlative Resumes Australia is not responsible for the condition or content of those sites. Access to these sites is your own risk. The links are provided solely for your convenience and information and are not an endorsement by Superlative Resumes Australia.
THANK YOU DISCOUNT VOUCHER 22/11
Digital Thank You discount vouchers may be provided to an unlimited number of people by the recipient of the voucher, however use is limited to new customers only. Free resume updates are limited to a maximum of four (4) per existing customer with no expiry date. Resume updates are applicable to resumes created by Superlative Resumes Australia or those created by Joanne M Sargeant in any capacity previously.