www.socialmediaprofessionals.com.au is owned and operated by Social Media Professionals, a limited liability company registered and existing under the laws of Australia.
Please read these Terms of Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website and our products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.
By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website and our services shall also be subject to these Terms of Service.
Definitions
“Our website” or “this website” – refers to www.socialmediaprofessionals.com.au which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, “Website”) owned and operated by Social Media Professionals.
“We”, “Us”, and “Our”– shall be used interchangeably and shall refer to Social Media Professionals, its affiliates and/or subsidiaries, and any person or entities associated with Social Media Professionals.
“Visitor”– is someone who merely browses this website but has not purchased our services.
“Customer”– is someone that has purchased our services.
“User” or “Users” or “You”– is a collective identifier that refers to either a Visitor or a Customer.
“Services”- shall collectively mean the services we render, our content, and our website.
“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes all information a user sends to us.
Legal Compliance
By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.
CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website. In addition, Customers will be notified through a message sent to their associated account e-mail.
Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.
These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.
PRIVACY OF PERSONAL INFORMATION
Please see our privacy policy page to read more on how we use and safeguard your personal information.
AUTHORIZED USERS
You affirm that you are 13 years of age or older. In order to purchase through our website, you must be 18 or older and have a valid credit card or other acceptable electronic payment methods. Subject to these Terms, you may not use our Services if you are unable to form a legally binding agreement with Social Media Professionals. You agree that you are only authorized to visit or use our Services for your personal use and not for any business purposes without a separate agreement in writing with Social Media Professionals. You may not use our Services to purchase any service for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any service purchased through our site.
Accounts and Passwords
Before creating an account with us, you affirm that you are 18 years of age or older.
You may sign up for an account to use or access certain features of our Services. During the account sign-up process, you will be asked to select a unique password. You are solely responsible for the safety and protection of your password, as applicable, and are liable for any misconduct undertaken through your account. By logging into your account with us, you represent and warrant that: (a) you are the customer who registered to use our services; and (b) that you are using our Services only for permitted purposes. You agree you will immediately notify us by providing notice of any unauthorized use of your password or account or any other breach of security.
You agree to log out from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a username of another person with the intent to impersonate that person; (ii) you will not select or utilize a username in which another person has rights if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a username that Social Media Professionals in its sole discretion deems offensive.
Social Media Professionals reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access Social Media Professionals Services for any reason, including, without limitation, any breach of these Terms by you.
Deleting your Account: You can delete your account at any time if you wish to stop using our Services. Upon deletion, you can further request that we delete your data in accordance with our Privacy Policy practice. Refunds or compensations do not apply to Customers who willingly deleted their accounts unless otherwise required by law.
OUR SERVICES
Agency (digital marketing and social media management agency)
Subject to any other Agreement we may have with a Customer, Social Media Professionals agrees to provide the Services to the Customer as set out in the Quotation on a non-exclusive basis. The parties agree that the Services do not include any services or deliverables not specifically described or mentioned in the Quotation or not otherwise agreed to in writing by the parties.
Prices and Quotations
- a) Unless otherwise agreed to by Social Media Professionals, any Quotation is open for acceptance for 30 days. Acceptance of the Quotation must be in writing and signed by the Customer (at which time it is binding). Until the Quotation is accepted, Social Media Professionals reserves the right to withdraw or vary any part of such Quotation.
- b) Any estimated date for completion of the Services as specified in the Quotation is based on the best estimates of Social Media Professionals at the time of Quotation and is not binding. The fees specified in the Quotation are also estimates and may be varied as per these terms and conditions.
- c) The fees specified in the Quotation are quoted are exclusive of VAT.
Fees
- a) The Customer must pay the Fees for the provision of the Services.
- b) Invoices for the payment of the Fees will be issued to the Customer each month for the Services to be provided in the following month.
- c) The Customer must pay all invoiced fees and expenses to Social Media Professionals within 7 days of receipt of the invoice relating to those fees.
- d) If Social Media Professionals’ invoices are not paid within 7 days then until paid in full Social Media Professionals shall be entitled to charge interest on the account at the Interest Rate accruing daily from that date being 7 days after the date of the invoice.
- e) The Customer authorizes Social Media Professionals to charge the Customer’s debit card or credit card (as applicable) to recover the invoiced fees.
- f) Without limiting the above, where payment for invoiced fees is not received by Social Media Professionals within 7 days from the date of invoice, Social Media Professionals may in its absolute discretion, without limiting any other rights available at law; (i) suspend provision of the Services; (ii) institute legal action for recovery of outstanding balance and costs incurred, including legal costs; and/or (iii) require the Customer to pay for further services, and Social Media Professionals shall not be liable to the Customer for any loss or damage resulting directly or indirectly from such actions.
- g) The Customer acknowledges that invoices for Fees cannot be allocated to specific ad groups or keywords, products, or services, and the Fee will be levied at an overall campaign level covering all Services provided to the Customer.
Commencement
(a) Subject to payment being made in accordance with these terms and conditions and any other Agreement we may have with a Customer, Social Media Professionals will use its best endeavors to ensure that the Services are commenced and, subject to unforeseen circumstances arising, completed within the time set out in the Quotation.
(b) If no time is specified in the quotation, then Social Media Professionals shall perform the Services in a commercially reasonable time. Social Media Professionals shall advise the Client of any anticipated delay in the commencement or completion of the Services upon such delay becoming apparent to Social Media Professionals.
(c) In the event the Services are not completed by the date provided for by this clause or the Quotation, the Customer acknowledges that it shall not be entitled to any damages (liquidated or otherwise) in respect of such delay.
INTELLECTUAL PROPERTY; USER LIMITED LICENSE
Social Media Professionals and our related Services: All contents provided to you through our Services are owned and licensed to Social Media Professionals. Our contents and all associated Services are trademarked, copyrighted, and have obtained worldwide intellectual property rights. All rights are reserved. Social Media Professionals, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF Social Media Professionals WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, comments, etc. all collectively referred to as “User Content”. The User retains all rights to their content except for (a) any content from our Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Social Media Professionals.
To post, transmit, upload, or publish any content on our Services, you agree that such content is:
- Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.
- Authentic and accurate.
- not in violation of any local, federal, or international law.
- not considered to be confidential.
- not prohibited or in violation of any section of our Terms of service.
- free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.
All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.
User license to Social Media Professionals ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are: User contents that are licensed to Social Media Professionals under different license terms and agreements.
- Contents a User shared with other Users which has been made public or have been stored privately.
We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.
We reserve the right at our sole discretion to delete User content that doesn’t comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.
MONITORING USE OF SERVICES AND USER CONTENT
Social Media Professionals does not and is not obligated to monitor User content or conduct of Users of our Services. We do not endorse or approve content posted by Users so we cannot guarantee the accuracy or appropriateness of your User content. Users are responsible for the content they post, Social Media Professionals is not responsible for such content and won’t be liable for any damage caused by such content. If you encounter such offensive content or a User violating our Terms or abusing our Services, kindly let us know immediately by using the “Report” button or contact customer support.
Without notice, we may choose to modify, reject, or completely delete any User Content we find inappropriate or to be against our Terms and may further limit or terminate a Customer’s account for posting content that is against or violates our Services.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
This website may contain certain information which is not updated. We reserve the right to modify the contents of this website at any time without prior notice, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. We assume no responsibility if information made available on this website is not accurate, complete, or outdated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Social Media Professionals and its Owner(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Condition or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
THIRD-PARTY ADVERTISING
We may feature advertisements from third-party companies through links on our website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.
Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such websites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.
You agree not you hold Social Media Professionals liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.
COPYRIGHT NOTICES/COMPLAINTS
Social Media Professionals takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Social Media Professionals reserves the right to terminate services of any User that infringes the intellectual property rights of others.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Social Media Professionals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL “DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Social Media Professionals DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. Social Media Professionals MAKES NO REPRESENTATION THAT THE WEBSITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Social Media Professionals MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL Social Media Professionals OR ITS OWNER(S), EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF Social Media Professionals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Social Media Professionals LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT A CLIENT PAID FOR OUR SERVICES.
TERMINATION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or that of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Australia.
ASSIGNMENT
We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from Social Media Professionals, any attempt to do so without our consent is void.
ENTIRE AGREEMENT
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Social Media Professionals relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
LANGUAGE OF THE TERMS
Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.
NO WAIVER
Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at input email on our contact page.
