Terms of Service
Terms of Service
Family Footprints is committed to the delivery of a high-quality family history research, report and genealogical support service. Prior to enlisting the services of Family Footprints, please review the following Terms of Service which describe your rights and responsibilities as a customer of Family Footprints.
1. General Terms
1.1 You must be 18 years or older to request our services.
1.2 In order to receive services from us, you must agree to enter into a Genealogy Services Agreement (the “Services Agreement”). Family Footprints must receive a signed copy of this agreement before we commence the genealogy service. This document will detail the service to be provided, a cost estimate, specific service instructions and any additional information Family Footprints needs to collect from you to conduct the service.
1.3 You agree that the services provided to you by Family Footprints will be subject to these Terms of Service and the "Services Agreement". If a conflict or inconsistency between these two documents, the "Services Agreement" is considered the governing document.
2. Fees and Expenses
2.1 The Client will pay Family Footprints the fees at the rate or amount and in the manner specified in the Details. Failure to make payment prior to or on these dates will result in the service being suspended.
2.2 A retainer of 20% of the quoted service fee must be received before we commence the genealogy service.
2.3 Where practicable, Family Footprints will not incur any additional expenses without first notifying the Client and obtaining approval for the relevant expenditure.
2.4 The fee that you pay Family Footprints is for our professional time and expert attention. Family Footprints charge hourly and calculate time using 15-minute increments. The "Services Agreement" will specify the minimum hours to be charged and maximum hours will be agreed upon by you and Family Footprints and also be reflected in the "Services Agreement".
2.5 All payments must be received in Australian dollars.
3. Intellectual Property Rights
Each party retains its rights in in any intellectual property and those rights will not be transferred or changed by
the use of intellectual property in connection with the Services or its disclosure by one party to this Agreement to the other.
Intellectual property created in the course of performing the Services will be owned by Family Footprints. On
full payment by the client of all fees and expenses due under clause Family Footprints grants to the client a non-exclusive, non-transferable, royalty free, perpetual licence to use the intellectual property rights for the client’s own purposes.
4.1 Family Footprints reserve the right to contact you for purposes related directly to the delivery of services.
4.2 Communication between you and Family Footprints will be scheduled intermittently and be reflected in the "Services Agreement".
5. Modifications to the Terms of Service and/ or "Services Agreement"
5.1 Family Footprints has the right and sole discretion to modify these Terms of Service at any time. Any conflict arising changes being made to the Terms of Service will not adversely affect the "Services Agreement".
5.2 The "Services Agreement" can only be modified with agreement from both parties and such changes need to be signed by Family Footprints and you on the original documentation.
6. Cancellation Policy
6.1 Opting to cancel the services agreed upon by Family Footprints, will result in the discontinuation of all activity relevant to the "Services Agreement" effectively on receipt of your notice. Fees for services already completed will be calculated and this deducted from your retainer or funds held on account. If there is an arrear, you will be invoiced for the amount owed. You will receive a summary report of services conducted only if funds held by Family Footprints allow or on payment of the arrears invoice.
7.1 No guarantees for the success of services. On agreeing to enlist our services, you are benefitted from the activities of expert genealogists with the highest professional standards and Code of Ethics. Variables beyond the control of Family Footprints experienced during the service delivery period can limit results and/ or success.
7.2 To the fullest extent under applicable law, we limit our liability. We shall not be liable for any damages caused unintentionally and will not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this document will be interpreted so as to limit or exclude any liability which may or may be excluded or limited by law. If you are dissatisfied with any of the services or with any clause of these terms, you can discontinue services as your sole and exclusive remedy.
7.3 You agree to indemnify Family Footprints against all liabilities, claims and expenses that may arise from any breach of these Terms of Service.
8.1 You acknowledge and agree that Family Footprints may disclose your information if we believe that it is required to do so by law, or that such disclosure is reasonably necessary to: (a) comply with the legal process or governmental requests; (b) enforce terms of the "Services Agreement"; (c) reply to claims of violation of the rights of third parties; (d) protect the rights, privacy or safety of Family Footprints customers or the public.
8.2 In the event that any term in this document or the "Services Agreement" is deemed to be invalid or unable to be enforced, the remainder of the content and intent remains valid and enforceable. Terms can be replaced to ensure validity and enforceability.
8.3 No delay, neglect or forbearance by either party in enforcing against the other any provision of this agreement shall be a waiver by, or in any way prejudice any right, of that party under this agreement.
8.4 This document is governed by Australian Consumer Law.
8.5 The Terms of Service, the "Services Agreement" and any terms, agreed upon by you and Family Footprints shall constitute the complete understanding and acceptance of by both parties.