The Indie Ally Terms

The Indie Ally welcomes you and we are thrilled that you are here. We hope that you find our services helpful and please enjoy your stay. When we say ‘we’, ‘us’ or ‘The Indie Ally’ thats who we are, the admins/ owners of The Indie Ally.

When you purchase a service from us or create an account, you are accepting these terms and you become a member of our community. In your account, you can buy our services, keep track of your orders, find help in our forums and or hang out and chill.

The Indie Ally allows guests/members to buy our digital services; WordPress website design, help with maintaining your site, Facebook PR, booking your many ebook ads and hosting etc You have the option to request to become an affiliate, and earn commission on sales. If you have an account on The Indie Ally, any transactions are logged on your member’s account, which records the payments made by you to The Indie Ally.

The digital items on The Indie Ally are apart of our creative intelict. We provide the platform services; we do not take ownership of WordPress or any themes/plugins used to help us design your site. We do not take ownership of any other services we use to help us complete our services.

During your time with us you agree to follow the rules below so please read and understand them. If you don’t accept the terms, then you will need to leave because your presence on and use of The Indie Ally is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

The Indie Ally

You can also access The Indie Ally. The products offered on The Indie Ally (which include web design, hosting, site maintenance, Facbook PR and booking ebook ads etc) are offered by The Indie Ally and are subject to separate terms and conditions, which you can access here: The Indie Ally Hosting, and Affiliate Terms.

Preview Files: If you download a preview file from The Indie Ally, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from The Indie Ally and not for any other purpose.

How browsing and membership works

Browsing: You need to be 16 years or over to browse The Indie Ally. We don’t purposely collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines/instructions and keep in mind that these terms apply to any use of The Indie Ally whether or not you’re a member.

Membership

Age: You need to be 16 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent/guardian to buy our services or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

The Indie Ally Account: Membership is free. When you become a member you get an Indie Ally account that is accessible from any computer, smartphone, tablet etc Your membership will allow you to ‘purchase’ services and participate in our online forums. You can hang out and contribute to our community. Membership also gives you the opportunity to earn referral income.

Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Indie Ally account, you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of The Indie Ally including any activity that occurs in conjunction with your username and password, if you have an Indie Ally account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

It is vital that you understand your responsibilities as a member of our community so please take the time to review this section and The Indie Ally Terms carefully.

Referrals/Affiliate: As a part of our Affiliate Program, if you refer a new member to The Indie Ally you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.

How buying our service works

This section will help you understand what you are buying when you purchase a service and how that transaction takes place on The Indie Ally.

What you’re buying:

  1. Web Design: When you purchase our web design service, a deposit is required of the base price and then once we complete your website, you will receive a final invoice before you receive Login information. You receive all the features included on the product page. WordPress and four other plugins will be installed on your host. (Avada, Convertplug, GDPR compliant and Updraft) You will acquire the right to use the items but you are not actually acquiring the item itself. We will purchase the items on behalf of the client, and what you get includes a license directly from the creator to use those plugins. Items are subject to specific terms of use, and these terms are the ‘license’ that can be found on the creator’s website.
  2. Hosting: Please click here to read the terms of service.
  3. Site Support: If you need any assistance with your WordPress website, feel free to request our help or in the forums. If your web design packages came with support, then you are all set, if not, you can purchase additional support from us. Check out our web design support policy.
  4. Buyer Services: In addition to the use of the platform, when you ‘purchase’ a web design package from you receive 30 days site maintenance. Anything goes wrong, or if you need to add author updates we will take care of it.

The total price for a web design package is made up of:

  1. Web Design price: The service price is made up of The Indie Ally fee to create the website. WordPress Theme, newsletter plugin, GDPR plugin, and a backup plugin.
  2. Buyer fee: This is the price for the buyer services you get from The Indie Ally.
  3. Deposit: When you book your date to start your website, a nonrefundable deposit is required. The deposit is half the price of the base cost of 1 of the 3 packages that you book.
  4. In some transactions on The Indie Ally the total checkout price may include a handling fee.
  5. Taxes: Some transactions on The Indie Ally may be subject to tax that may be added to the price.
*The list price is made up of the item price and buyer fee, and is the price you see on an item page.

The total price for Hosting is made up of:

  1. Hosting price: Depending on what kind of hosting plan: the service price is made up of how long a client wants to host with us and if they’re transferring over a domain name.
  2. Buyer fee: This is the price for the buyer services you get from The Indie Ally.
  3. In some transactions on The Indie Ally the total checkout price may include a handling fee.
  4. Taxes: Some transactions on The Indie Ally may be subject to tax that may be added to the price.
*The list price is made up of the item price and buyer fee, and is the price you see on an item page.

The total price for Site Maintenance is made up of:

  1. Site Maintenance price: The service price is made up of what the clients want to be completed on their site, how many tasks and how complicated/ time estimation.
  2. Buyer fee: This is the price for the buyer services you get from The Indie Ally.
  3. In some transactions on The Indie Ally the total checkout price may include a handling fee.
  4. Taxes: Some transactions on The Indie Ally may be subject to tax that may be added to the price.
*The list price is made up of the item price and buyer fee, and is the price you see on an item page.

The total price for Facebook PR is made up of:

  1. Facebook PR price: The service price is made up of how many Facebook Groups The Indie Ally will promote the ebook in.
  2. Buyer fee: This is the price for the buyer services you get from The Indie Ally.
  3. In some transactions on The Indie Ally the total checkout price may include a handling fee.
  4. Taxes: Some transactions on The Indie Ally may be subject to tax that may be added to the price.
*The list price is made up of the item price and buyer fee, and is the price you see on an item page.

The total price for Promo Galore is made up of:

  1. Promo Galore price: The service price is a one time fee.
  2. Buyer fee: This is the price for the buyer services you get from The Indie Ally.
  3. In some transactions on The Indie Ally the total checkout price may include a handling fee.
  4. Taxes: Some transactions on The Indie Ally may be subject to tax that may be added to the price.
*The list price is made up of the item price and buyer fee, and is the price you see on an item page.

Transacting as a buyer:

If you have an account on The Indie Ally, you can make payments by using the ‘Add to cart’ or ‘Buy Now’ function.

When using Buy Now/Add to cart you will be redirected to a payment method provider.

Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on The Indie Ally. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from The Indie Ally, which we have no control over.

Terms of buying: When you buy a service from The Indie Ally you’re doing so on the following terms:

  1. You cannot cancel a completed purchase of an item.
  2. We do not promise that any particular item will continue to be available on The Indie Ally so you should take advantage while it’s on the site.
  3. Once you purchase one of our Web design packages, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item).
  4. The creator of the themes/ plugins retains ownership of the item;
  5. Your relevant details may be provided to the creator of the themes/ plugins in order to facilitate the transaction, for example for invoicing and item support services; and
  6. We have the right to enforce against you the terms of the license that you have acquired from us, on behalf of you from the creator.
It is important that you understand the terms on which you purchasing a web design. Please take the time to review this section carefully.

Warranties we make:

  1. We warrant that The Indie Ally will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
  2. We otherwise do not make any express or implied warranties about The Indie Ally (or any services on the The Indie Ally).

Warranties Creators make: The creator of a theme/ plugin warrants to you that:

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by the creator on the item preview page, as well as any item preview;
  3. they will honour any express warranties given to The Indie Ally on behalf of you that are not contained in these terms;
  4. they have the rights necessary to license that item on the terms of applicable license;
  5. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  9. if the item is marked as ‘supported’, they will provide you with the services as outlined in the item support policy;
  10. they will process your data that may or may not be given by The Indie Ally, in accordance with applicable privacy law and data protection regulations.

Taxes:

  1. Australian GST, European VAT and US Sales Tax. Prices and fees for supplies made to you (whether by The Indie Ally) in connection with these terms exclude Australian GST, European VAT and US Sales Tax, unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which Australian GST, European VAT or US Sales Tax is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the GST, VAT or US Sales Tax payable (by The Indie Ally) on that supply.
    For more information on Australian GST and European VAT as they apply to buyers, see EU VAT Information for Buyers and AU GST Information for Buyers and US Sales Tax Information for Buyers.
  2. Other taxes. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of The Indie Ally wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Services with an incorrect price or incorrect information: We aren’t perfect and despite our efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded.

Refunds

Given the nature of our digital services, a refund or credit on a purchase is not granted unless one of the warranties given by The Indie Ally has been breached, or a refund is required under The Indie Ally refund rules. or Australian consumer law or other relevant consumer protection laws. If you would like to request a refund see our FAQ.

We will assess refund or credit requests (if you have an account on The Indie Ally) on their merits, considering the digital nature of The Indie Ally services and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

  1. you have changed your mind about a service;
  2. you bought a service by mistake;
  3. you do not have sufficient expertise to use WordPress;
  4. you are not pleased that you didn’t make sales;
  5. you didn’t see the Facebook posts ;
  6. there wasn’t any interaction on your Facebook post; or
  7. you ask for goodwill;

If The Indie Ally decides to issue a refund or credit (if you have an account on The Indie Ally), this will generally be done using the same manner used to make the purchase. So if the service was purchased using The Indie Ally Credits, you will be given credit in The Indie Ally Credits; if the service was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not The Indie Ally Credits) will be made in US Dollars, under the rules of the payment method.

It is important that you understand how refunds work on The Indie Ally.

Disputes lodged with payment agents: If, as a buyer via your account with The Indie Ally, you lodge a dispute with a payment agent, this will result in the removal of your WordPress Website, closing of your hosting account. This will burn bridges with The Indie Ally, and we are here to help Indie Authors.

Intellectual Property

What we own: We own all the creative ideas to help create your website and premade concepts. This includes the design, compilation, and look and feel of The Indie Ally, and copyright, trademarks, designs and other intellectual property on The Indie Ally. We own all the trademarks, logos, service marks and trade names on The Indie Ally (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of The Indie AllyContent or use any of our intellectual property in any way not expressly stated in these terms.

What we don’t own: We do not own the themes/ plugins or stock photos; the creators do. We cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via The Indie Ally do not infringe the intellectual property rights of a third party.

Our use of your information

Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy

Our Privacy Policy explains how we deal with your information.

Confidential Information: We value your information and take reasonable precautions to protect it. While using The Indie Ally, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through The Indie Ally to any other person.

Playing fair

Prohibited Conduct: We strongly recommend that you don’t make your contact details public on The Indie Ally or in any public communications via the The Indie Ally forum. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!

Content removal: We can look at or remove any of your content for any reason at our discretion. If we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of The Indie Ally and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.

Community participation: We want our forums to be a safe and informative community. We focus on transparency and mutual respect and would love your participation, give feedback and chill. Before posting on The Indie Ally forums, please read the Forum Guidelines, as you agree to follow them as part of these terms.

Linking; apps made by others

Linking to the Envato Market: We’d be delighted if you decide to link to The Indie Ally from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on The Indie Ally. That includes no “in-line” linking methods resulting in images hosted on The Indie Ally being displayed on other sites. You must not “frame” any The Indie Ally pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the The Indie Ally be discontinued, and to revoke your ability to link to The Indie Ally.

Links from The Indie AllyThe Indie Ally may contain links to other sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

Legal Housekeeping

Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of The Indie Allycomplies with these terms and our policies. We can suspend or terminate your account on The Indie Ally at any time for any reason (acting reasonably of course), including if you:

  1. breach these terms or any terms applicable to you account on The Indie Ally;
  2. breach any of our policies;
  3. act in a way that does not align with the values of our community; or
  4. act in a way that could cause us or members harm.

If we do decide to permanently terminate your account on The Indie Ally you must not apply for a new account as unfortunately you will no longer be welcome in our community.

The Indie Ally Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a ‘benefit‘) is given in our favour in these terms, the Terms of Use or Affiliate Terms, we hold that benefit on trust for The Indie Ally. We may enforce that benefit as trustee for and on behalf of The Indie Ally as beneficiaries under that trust.

We may use the services of another payment service to conduct payment or other activities with you, like collecting payments and paying affiliate earnings. If you make a Buy Now payment, we receive your payment as a client and your obligation to pay The Indie Ally is met when we receive the payment successfully.

Liability and indemnity – between us and you

We provide The Indie Ally and the platform services, not the themes/ plugins that are installed.

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of The Indie Ally.

If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

  1. the themes/ plugins purchased on your behalf;
  2. information provided by creators about their items;
  3. your use of using The Indie Ally services.

Our liability to you in connection with The Indie Ally or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
  2. our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity – between authors and buyers

Availability: Our goal is to always be around for whenever you need us, however, there may come a time when you can’t access The Indie Ally, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how The Indie Ally works. The Indie Ally will not be liable to you for any loss you suffer as a result of these things.

Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

Blocking a member, disabling an account or refusing to process a payment. If you are not playing well you may be blocked or your account will be terminated on The Indie Ally account. We can refuse to process a payment, if we reasonably believe there is a risk associated with you, your account on The Indie Ally, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on The Indie Ally using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an affiliate. We may take any of the actions stated in this section without notice and against all of your Envato accounts you use on other Envato sites. If required by law we may forfeit existing deposits or earnings.

As our sites are global, there are different laws that may apply and these may restrict our relationship with you.

Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are a digital service provider.

Notices: Any notice you send us must be submitted via contact form. Any notice we send to you will be emailed to your The Indie Ally account email address.

Changes to The Indie Ally Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your account on The Indie Ally and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use The Indie Ally services after the changes are made, then you will be agreeing to the changes.

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

Applicable Laws: We control and operate The Indie Ally from our offices in Canada. Our laws govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Creator:

Someone who makes the items/ themes/ plugins used to create your Author Website

Buy:

includes purchasing a service that is made available for you by The Indie Ally.

Buy Now:

a way of purchasing a service using a payment provider.

Buyer:

a person who ‘buys’ items on The Indie Ally.

Buyer fee:

the fee for the services buyers get from The Indie Ally like Site maintenance and other related buyers’ services.

The Indie Ally:

The Indie Ally Ltd.

The Indie Ally content:

is all the content that we have put on The Indie Ally and includes the design, compilation, and look and feel of The Indie Ally, and copyright, trademarks, designs and other intellectual property on The Indie Ally (unless otherwise stated and excluding content owned by others).

Envato Market:

When we refer to the ‘Envato Market’ we’re talking about the Envato digital marketplaces, which include these sites:

Accessible at:
AudioJungle www.audiojungle.net
CodeCanyon www.codecanyon.net
GraphicRiver www.graphicriver.net
ThemeForest www.themeforest.net
VideoHive www.videohive.net
3DOcean www.3docean.net
PhotoDune www.photodune.net
The Indie Ally account:

what you receive when you become a Member which gives you access to our Forums and account information.

EU Member State:

the countries listed here: https://europa.eu/about-eu/countries/index_en.htm

Handling fee:

the fee buyers may pay when using a payment method.

Item price:

the price buyers pay for the service, as detailed in.

Service/Items:

digital services found on The Indie Ally like WordPress web design, hosting, site maintenance and much, much more.

List price:

the price you see on the product page on The Indie Ally, which is made up of the item price and buyer fee.

Member:

a person who signs up by creating an account and accepting these terms.

Member’s statement:

the record of payments by you to The Indie Ally (as a buyer) and by The Indie Ally to you (as a client).

Payment method:

any payment agent or method we make available on The Indie Ally.

Total price:

the price the buyer will pay in total, which consists of the item price, The Indie Ally’s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content:

everything that you post on The Indie Ally forums, or send via The Indie Ally to other members and to us including items, files, communications, and materials.

Version 1.0 – Effective date: June 24, 2019.