Terms & Conditions

STANDARD TERMS AND CONDITIONS

1. Acceptance of Terms and Conditions (“terms”)

a) Usage of MyMuse’s products and services constitutes customer’s acceptance of MyMuse’s terms and conditions, and all customers must comply with these terms.

b) If you entered into a signed Service Agreement for MyMuse services, please review it for specific terms relating to your obligations in addition to these terms. In the event that the terms of your signed Service Agreement conflict with these terms, the signed Service Agreement will prevail.

 

2. Provision of Services

a) MyMuse agrees to provide the Services to the Client as set out in the Service Agreement.

I. in accordance with these terms and those set out in the Service Agreement;

II. will be of acceptable quality and shall be performed with due care and skill in a professional manner;

III. using any best practice methods that MyMuse considers appropriate;

 

3. Fees

a) Prices quoted do not include GST, which may be charged for Australian based companies. No service taxes are charged for non-Australians companies.

b) The Client will be invoiced for Services, in advance of the date of service to be performed and must pay the invoice in accordance with the payment terms

 

4. Proposals and Contracts

a) Unless otherwise agreed by MyMuse, a Service Agreement is open for acceptance for 30 days from the date of issue. Acceptance must be in writing and signed by the Client (at which time it is binding).

b) Acceptance of the Service Agreement shall constitute an acceptance of these terms and conditions (and any special conditions contained in the Service Agreement) and no variation, shall apply unless agreed and accepted by MyMuse in writing

c) MyMuse may vary the Service Agreement after acceptance if:

I. the Client provided Information which was provided to MyMuse for the purposes of the Service Agreement that was incorrect, inaccurate, inadequate or incomplete;

II. the Client requested that MyMuse provide additional services (being services other than the Services);

III. any cause beyond MyMuse’s control that causes the necessary variation;

IV. the Client is in breach of these terms and conditions;

 

5. Cancellation and Refund

a) Both the client and MyMuse may cancel a Service Agreement at any time

b) Cancellation must be in writing

c) If the client cancels a Service, MyMuse will issue a refund for services not performed as follows:

  • More than 30 days’ notice: Full refund, less a $500 cancellation fee

  • Less than 30 day’s notice: 50% refund of the Service Fee

d) If MyMuse cancels a Service for any reason, a full refund will be issued to the Client

 

6. Indemnity

a) The Client shall indemnify and hold harmless MyMuse from and against all claims, damages, costs (including without limitation legal costs on a full indemnity basis), losses, liabilities and expenses caused by the Client’s acts, omissions, negligence, breach of duty or breach of the Service Agreement.

 

7. Confidentiality

a) The Client and MyMuse each agree to ensure that the Confidential Information of the other (Discloser) is kept confidential. A party who receives the Discloser’s Confidential Information (Receiver) must not directly or indirectly divulge or communicate or otherwise disclose the Confidential Information of the Discloser, in whole or part, to any third party unless that third party is also bound by confidentiality on terms that are substantially the same as, or at least as onerous as, the terms owed by the Receiver to the Discloser under these terms and conditions or use of any of the Confidential Information of the Discloser for any purpose other than exercising its rights or fulfilling its obligations under these terms and conditions, without the prior written consent of the Discloser.

 

8. Definitions

The terms set out below shall have the following meanings when used throughout these terms and conditions:

  • Acceptance Date means the date that the Client accepts the proposal or contact

  • Client means the party specified as the Client in the Service Agreements

  • Confidential information means any non-public or proprietary information concerning either party’s business, financial information, strategies, methods or processes

  • Fees means the fees specified in the Service Agreement and on the MyMuse website, being the cost for the provision of the Services

  • Service Agreement means the document outlining the proposed Services that MyMuse will deliver to the Client

  • Services means all the services specified in the Service Agreement

  • Start Date means the date MyMuse is to commence providing the Services to the Client

  • Term means the term specified in the Service Agreement

  • Terms means these terms and conditions