Legal
Terms of Use.
Please read these terms carefully before using our website or services.
In these Terms and Conditions, "we", "us" and "our" means Swift Productions. "You", "your" and "the client" means you, the user accessing our website and services. You should read these Terms of Use, our Privacy Policy and Refund Policy before using our website or services. By continuing to use our website or services you confirm you have read and understood all three. We may amend these Terms from time to time , please check back regularly.
1. Hosting
Bandwidth , Data Limits and Fees
1a. In the event the client reaches the calendar month’s bandwidth limit, a temporary limit increase may be requested. A maximum of one (1) free increase per 3-month period applies. Subsequent increases within that period are charged at $10.90 inc GST per 3GB increment, with a maximum of 12GB per calendar month.
1b. We reserve the right to adjust hosting fees at any time. Any change will only take effect at your next renewal date.
Acceptable Use
1c. The client agrees to use services in accordance with their selected account. All terms apply to each account held by the client.
1d. Compliance with Law. The client must abide by all applicable Local, State, Federal and International laws. Violations may result in termination immediately or with 30 days notice, at Swift Productions’ discretion.
1e. Term. This agreement continues for 12 months and automatically renews unless terminated in accordance with this Agreement.
1f. Termination. The client may terminate at any time with 30 days notice. Swift Productions may terminate with 60 days notice. eBay hosting fees paid are non-refundable. See our Refund Policy.
1g. Refusal of Service. Swift Productions retains the right to refuse service without refund where the client fails to pay within 14 days of the due date, the agreement is terminated, or the client misuses services.
1h. Unsolicited Email. Sending unsolicited email via our servers or collecting personal data for marketing purposes is strictly prohibited.
1i. Unpaid Accounts. Accounts may be suspended after 14 days of non-payment. Data will be held for 90 days before deletion. Swift Productions reserves the right to delete data on cancelled accounts.
1i(1). eBay Store Duplication. Store duplication is theft (NSW Crimes Act 1900, s.94). Automated checks run regularly. Accounts may be suspended immediately for international duplication. A reinstatement fee applies , see our Fees & Charges.
1j. Attempting to use our servers to attack other networks will result in account cancellation.
1k. Server Uptime (eBay Only). We provide a 99.9% uptime guarantee for Amazon-hosted eBay stores. Refunds for confirmed downtime are issued via EFT or PayPal only, and only upon client request. The guarantee does not apply to client-caused outages, third-party actions, routine maintenance, or events beyond our control.
1l. CPU and Memory Usage. A resource monitoring system protects all shared server accounts. Excessive usage , including poorly coded scripts, oversized database queries, DDoS attacks or rogue cron jobs , may result in suspension.
1m. Content Abuse. Hosting illegal or copyrighted content without authorisation may result in immediate suspension or termination. To report abuse contact our Policy Officer at [email protected], Level 15, Deloitte Building, 60 Station Street, Parramatta NSW 2150.
1n. Entire Agreement. This Agreement is the entire agreement between the parties and excludes all oral or implied representations unless agreed in writing.
2. Graphic Design & Printing
2. Full payment is required before graphic design or printing work commences. Regular customers (6+ months) may be eligible for a 30-day account subject to credit approval.
2a. Once a design has been approved and revisions commenced, you cannot change the design concept without ordering a new design. Additional fees may apply at our standard rate of $80 + GST per hour (2-hour minimum, paid upfront).
2b. All print media artwork is provided in print-ready PDF format only. Original source files (InDesign, PSD, Illustrator) are not released as standard. Release of source files may be arranged for an additional fee.
2c. Service Exclusions. Swift Productions does not provide any services to the adult industry. Orders placed will be automatically refunded. All artwork remains with Swift Productions and is only released upon payment of a release fee ($279–$899 + GST).
3. Website Design
3. A 50% deposit is required on commencement, with the balance payable prior to the website going live. The deposit is valid for 12 months; unclaimed deposits after 12 months or periods of inactivity are non-refundable.
3a. Work commences only after cleared funds and all required content are received. Delays caused by missing content or payment are not Swift Productions’ responsibility.
3b. The website will not be made live until full cleared payment is received.
3c. A valid hosting account is required to make your website live.
3d. Swift Productions adds a signature to each website. Removal is available for $289 + GST. Removing the signature without written consent is a breach of these Terms and may result in withdrawal of support and warranty. Swift Productions reserves the right to display your website in our portfolio regardless of signature removal.
3e. There are no lock-in fees. You may move your website to another hosting provider at any time. Costs and downtime associated with the transfer are your responsibility. Free support services are only available for websites hosted with Swift Productions; a service fee of $165 + GST applies otherwise.
3e(2). Website Performance and Warranty. All websites carry a performance guarantee when hosted with Swift Productions. If hosted elsewhere, a 30-day warranty applies from go-live. CMS and eCommerce websites must be kept up to date to maintain warranty coverage.
3e(3). A local copy of your site design is kept for 90 days post-approval, then archived to cloud. Retrieval of archived files incurs a fee of $350 + GST.
4. eBay Store / Template Design
4. A 50% deposit is required on commencement for projects of $1,799 GST-inclusive or greater. The deposit is valid for 12 months; deposits are non-refundable after 12 months or during inactivity.
4a. Final artwork and eBay store access are only released upon receipt of full cleared payment. Non-payment may result in store suspension. Items listed as free or as bonuses are only granted once the balance is paid in full.
4a(4). Duplicating an eBay store without authorisation may result in immediate suspension until a duplication fee is paid.
4b. Work commences only after cleared funds and all required content are received. Your eBay account must have an active store subscription. Changing your storename or username after programming is complete may result in broken links; a re-programming fee applies.
4c. Swift Productions has developed its own eBay editing software. Access is free to clients on monthly hosted packages. Outright purchase clients may access the editor by subscription at $29 + GST per month (paid annually). Attempting to modify our code may render the editor inoperable; charges may apply for repair.
4c(2). Site design is kept locally for 90 days, then archived to cloud. Retrieval fee: $350 + GST.
4d. A valid hosting account is required. Third-party hosting is permitted provided PHP 5.4+ is enabled with read/write access. Swift Productions is not responsible for account restrictions imposed by your hosting provider.
4e. Our Rights and Your Obligations. A Swift Productions signature tile is added to all eBay stores. Removal costs $589 + GST. Removing the signature without payment is a breach of these Terms and may result in suspension, termination, or legal action. Swift Productions reserves the right to display your store in our portfolio regardless of signature removal.
4f–4g. Custom modules are available at an additional fee of $229–$989 + GST per module.
4h. There are no lock-in fees. Transfer to another hosting provider is permitted; costs and downtime are your responsibility. The eBay editor cannot be transferred and remains Swift Productions property. Support outside of Swift Productions hosting incurs a service fee of $165 + GST.
4i. Template Removal After Account Termination. After termination, residual template code in eBay listings may cause display issues. Code removal post-termination is a paid service , see our Fees & Charges for current pricing.
5. Changes to the eBay Platform
5. Swift Productions is not responsible for changes made by eBay that affect the look or functionality of your store. Additional charges may apply if eBay policy changes require updates to your store.
5a. Where eBay provides official advance notice of changes specific to your registered country’s eBay site, we will work with you to transition your store to compliance. Third-party announcements do not qualify. No refunds are issued for mandatory eBay-driven changes. If your store becomes non-functional due to eBay changes and no solution can be found, a refund or credit may be issued where the store is less than 1 month old at the time of the announcement.
6. Payments
6. Swift Productions releases artwork, websites and eBay stores only upon receipt of cleared funds. Failure to pay by the due date may result in account suspension and archiving of files. Retrieval of archived files incurs an additional fee of $149 + GST.
7. Charge Backs & Disputes
7. In the event of a chargeback or dispute initiated by you or your financial institution, Swift Productions reserves the right to suspend all active services immediately. Services will be fully restored only once all outstanding funds have cleared. Swift Productions is not responsible for delays caused by your bank or financial institution.
8. Other Important Things to Know
8. Swift Productions takes no responsibility for mistakes of any kind on websites, eBay stores, or any other media. A proof will be provided before any work goes live or is printed. Approvals must be given in writing via email , phone approvals are not accepted.
9. Feedback and Testimonials. If you submit feedback or a testimonial via our website, social media, directories or email, you agree that we may publish it alongside your name and logo. The testimonial may be edited to remove private information but will not otherwise be changed. You may request removal in writing at any time.
10. All revisions, changes and modifications must be submitted via email. Changes requested over the phone will not be actioned without a written follow-up.
11. Stated timeframes apply to the delivery of the first draft or concept only. Revision timeframes are not guaranteed. Timely email responses from the client are required to maintain delivery schedules.
9. Performance & Warranty Guarantee
12. If your website or eBay store is not hosted with Swift Productions, we cannot guarantee quality or reliability. A limited Performance and Warranty Guarantee applies to work produced by Swift Productions only, and does not cover changes made by you or any third party.
12a. If we host your website or eBay store, our Performance and Warranty Guarantee applies for the life of your hosting account. It does not cover errors caused by you, another agency, or any third party including hacking, malware, or virus infections.
12b. The client warrants that they have permission to provide all materials (images, content, logos) to Swift Productions for design and development purposes.
12c. All website and eBay store designs are guaranteed to look and function as agreed in all modern browsers including Chrome, Firefox, Safari, and current versions of Edge on desktop, tablet and mobile.
10. Design & Programming Timeframes
13. Each package comes with its own timeframe guarantee. Failure to respond to requests for information will void any stated timeframe.
13a. Our team works to a strict schedule. Clients are allowed up to 48 hours (excluding weekends and public holidays) to respond to requests before their position in the queue may be affected.
14. Swift Productions offers a Money Back Guarantee on selected products and services. See our Refund Policy for details.
For questions about these Terms, contact our Policy Officer:
ATTN: Policy OfficerLevel 15, Deloitte Building
60 Station Street, Parramatta NSW 2150
[email protected]
This Terms of Use was last updated on . We reserve the right to update, correct or remove any information without prior notice.