Service Terms
Seller: Dennis Yates, sole trader, ABN 52 137 373 213, 17 Morna Point Rd, Anna Bay NSW 2316. Switchover is the name of this service.
In these terms, “I”, “we”, “us” and “our” mean Dennis Yates, and “you” means the customer. These terms apply to the Switchover service I provide: the Switch Plan and Switchover: done with you. Prices, currency and tax are in clause 10, and where we sell is in clause 11. Payments are processed by Stripe; I am the seller and provide the service. The Switchover service isn't affiliated with Google. See also our Refund policy and Privacy policy.
1. What's included. Before we start we'll confirm in writing (email is fine) the addresses, domain, devices (phone + 1 computer) and the setup you've chosen. Anything else, including importing old mail, extra devices, websites, other DNS records or troubleshooting unrelated problems, is outside the fixed price and we'll quote it first.
2. Your accounts and costs. You open and pay for any new email provider, domain or app in your own name. Those providers' terms and fees are between you and them. We don't resell email or take a commission from providers.
3. Passwords and access. Never send us a password or one-time code. You make the changes yourself while we guide you on screen-share, or you give us limited access through your provider's own delegate or DNS-only tools. You remove that access at the end of the job and we'll confirm with you that it's gone.
4. Before we start: your responsibilities. Please (a) make sure you can log in to your domain registrar, your current email and your new provider; (b) keep a copy of anything you can't afford to lose (we'll show you how to download a copy of your mail if you want one); (c) tell us about anything else that uses your domain's email, such as website contact forms, booking or invoicing software, or other staff; and (d) be available for the screen-share and the test emails.
5. During the switch. We'll keep your current forwarding in place until the new setup passes our tests. DNS changes can take up to 48 hours to settle, and occasionally mail is delayed in that time. We'll tell you before any change that could affect delivery.
6. Things outside our control. We aren't responsible for loss caused by Google, your registrar, your email provider or other third parties (including outages, policy changes or spam-filter decisions by receiving mail servers), by information you gave us that was wrong, or by changes made by you or others outside our session. This doesn't limit clause 8.
7. Our responsibility. We'll do the work with due care and skill. If something we did causes a problem, tell us within 14 days and we'll fix it at no cost. To the extent the law allows, our total liability to you for any claim about a job, other than under clause 8 or the mandatory consumer laws mentioned in clause 12, is limited to the fee you paid for that job, and we're not liable for loss you could have avoided by following the steps in clause 4. This limit doesn't apply to loss caused by our negligence or wilful misconduct, or where the law doesn't allow it.
8. Your Australian Consumer Law rights. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
9. Contact. Dennis Yates, sole trader, ABN 52 137 373 213, 17 Morna Point Rd, Anna Bay NSW 2316, Australia · hello@emailswitchover.com · 0477 416 417 (from outside Australia: +61 477 416 417). Switchover is the name of this service; the seller is Dennis Yates.
10. Prices, currency and tax. Prices are in Australian dollars (A$) for customers in Australia and in US dollars (US$) for customers outside Australia: Switch Plan A$49 / US$35; Switchover: done with you A$179 / US$119 for the first address, plus A$39 / US$29 for each extra address on the same domain. You're charged in the currency shown at checkout. A$ prices include 10% Australian GST. US$ prices don't include GST, because services supplied to customers who aren't Australian residents and are outside Australia when the service is performed are generally GST-free. If you'll be in Australia for your session, or you're buying for a person or business in Australia, the A$ price (including GST) applies, so please choose that price or tell us before you book. We don't add sales tax, VAT or other overseas taxes, and you're responsible for any that apply to you where you live. If your card is in a different currency, your card provider sets the exchange rate and may charge a foreign transaction or conversion fee. Those fees aren't charged by us.
11. Where we sell. We provide the service remotely to customers in Australia, New Zealand, the United States, Canada and other countries, except that we don't currently accept orders from customers located in the European Union, the European Economic Area, the United Kingdom or Switzerland, or anywhere we're not permitted to supply. If you're located in one of those places and pay by mistake, we'll refund you in full. Sessions are booked in Sydney time, and we'll confirm the time in your time zone. Our written plans and instructions are prepared for the providers and registrars you tell us about. If something works differently in your country, we'll tell you before you book.
12. Governing law and your local rights. These terms are governed by the law of New South Wales, Australia. If you're a consumer, this doesn't take away any protection you have under the mandatory consumer laws of the country, state or province where you live, and the Australian Consumer Law guarantees in clause 8 apply to our services wherever you are.
13. Problems and disputes. If something goes wrong, please email us first and we'll try to sort it out within 14 days. The courts and tribunals of New South Wales, Australia, can hear any dispute about these terms. If you're a consumer, you can instead bring a claim in the courts or small-claims tribunal where you live, if the law there allows it. Nothing in these terms requires arbitration, waives your right to join a group or class claim, or stops you contacting a consumer protection agency.
14. Customers in the United States. Apart from the promises in these terms and our Refund policy, and to the extent the law that applies to you allows, we don't give any other warranty about the service, express or implied, including implied warranties of merchantability or fitness for a particular purpose, and we aren't liable for indirect or consequential damages such as lost profits. We can't promise that other companies' email systems will accept or deliver your mail, or that Google or other providers won't change their services. This clause doesn't limit clause 8, our liability for negligence or wilful misconduct, or any right that your state's law says can't be excluded. If you live in New Jersey, the warranty exclusion and the consequential-damages exclusion in this clause don't apply to you to the extent New Jersey law doesn't allow them.
15. One-off purchase. Each order is a one-off purchase. There's no subscription, nothing renews automatically, and we won't charge your card again without your agreement.