By signing up, you agree to the following Terms of Service for the use of Social Broker website services:
This Agreement is between Social Broker Pty Ltd, ABN 14 644 805 658 (hereafter referred to as “Service Provider”) and all its subscribers (hereafter referred to as “Client”) unless the context requires otherwise.
The Service provider, and/or its assignee does not guarantee any type of profit or response from said services.
The Client shall irrevocably indemnify the Service Provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Service Provider and/or its assignee may sustain, and/or to hold the Service Provider and/or its’ assigns harmless to which the Service Provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
The term of this Agreement shall commence on the date order is submitted by the client (the “Effective Date”) and shall remain in effect for an eighteen (18) month period following the Effective Date (the “Initial Term”). Unless amended or termination notice is submitted by the Client, at least seven (7) days prior to the expiration of the agreement, the agreement between the parties shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed.
The Service Provider agrees to provide the client with the website development and maintenance service.
The subscription service and the website platform setup is available for the client to use, so long as the subscription payments are made or if the client arranges a buyout of the service. Please see section (13) thirteen for cancellation details.
3. Service Fee
The client agrees to pay the fees that shall be charged to their account as a result of using the service, including but not limited to:
- Set up fees
- Monthly subscription fees
- Fees for supplemental services or features
- Additional website customisation, and
- Purchases made through the use of the Service Provider.
Any Deposits and or other monies paid shall be non-refundable, except as otherwise stated in your agreement. For account cancellation, refer to the cancellation policy found in section (13) thirteen.
4. Payment Information
The client shall provide a valid credit card or arrange an alternative method of payment, prior to and during any time the client receives Social Broker services.
Any client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the client stays on the service.
The client acknowledges and agrees that the Service Provider will not require any additional authorisation for any recurring payments or automatic billing options.
The client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due,
Any billing problems or discrepancies must be brought to the Service Provider’s attention within sixty (60) days from the date the client is billed. If the client does not bring them to the Service Provider’s attention within sixty (60) days, the client agrees to waive their right to dispute such problems or discrepancies with the Service Provider.
Any billing-related questions or to stop a recurring payment from being charged to the designated payment method, email sales/billing support on firstname.lastname@example.org
5. Account Termination
The subscription shall be terminated by the Service Provider on the following grounds:
- Service fees are unpaid after more than 30 days;
- Violation of the Terms of Service Policy, Partner Terms, or Policy Terms;
- Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.
The Service Provider shall exert earnest effort to notify the client before terminating the subscription.
The Service Provider makes no warranties to the client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.
The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.
The Service Provider shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:
- the use or the inability to use the service;
- cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- or any other matter relating to the service.
The Service Provider shall take all reasonable precautions to ensure database is secure and protected, the client understands and agrees that the Service Provider is under no obligation to export, extract, retrieve or store our client’s data except for through the weekly backups of the client’s website which is stored on a ‘best effort’ basis and taken automatically on third party storage provider.
This Agreement is personal to the client, and in case of assignment wherein the client allows someone to use their account, the client agrees to:
Seek the prior written consent of the Service Provider;
Remain liable to the Service Provider for any fees due under this Agreement.
The Service Provider retains its right to assign this Agreement at any time.
8. Change of Terms and Conditions
The Service Provider reserves the right to change the terms and conditions of this Agreement as needed.
The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.
Non-acceptance to the new terms and conditions, the client may terminate this Agreement in accordance with the cancellation policy provided under Section thirteen (13) on Cancellation.
The Service Provider shall give thirty (30) day notice prior to changing subscription rates.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery:
if delivered personally to the party to whom notice is to be given;
if sent by electronic mail with a cc: to sender;
Or on the third day after mailing by express mail.
This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.
If an organisation is the Client, the individual signing up for Social Broker services, represents that they are duly authorised to enter into this Agreement on behalf of that organisation.
10. Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required to pay for the website subscription service. The set up fee is due fourteen (14) days after the website is delivered.
The subscription service fee is billed monthly and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
For clients in Australia, the fees include the GST. However, for international clients, all fees are exclusive of any tax and other duties.
For any upgrade or downgrade in plan level, the credit card supplied by the client will automatically be charged the new rate on the next billing cycle provided (7) seven day’s notice has been allocated to the upgrade/downgrade.
Downgrading the service may cause the loss of content, features or capacity of the client’s account. The Service Provider will not be made liable for such loss.
To be eligible for refund, the client must NOT have requested the domain to be mapped to send the site live, which constitutes acceptance of the services as completed.
11. Annual Review Policy
After twelve (12) months, the client is eligible for a review of the current website, in order to ensure the copy, content and structure continues to represent the client’s brand. The extent of any changes will be at the discretion of the Service Provider, and in consultation with the client.
Application for a review and refresh of the website can be made via email to email@example.com
12. Account Terms
The Client agrees that:
- They must be 18 years or older to use the service.
- Their assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
- They shall provide their full legal name, a valid email address, and any other information requested in order to complete the signup process.
- They are the owner of the credit card supplied. If another person or company owns the credit card provided, they undertake to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to the Service Provider, should reimbursement be necessary.
- Login may only be used by one person – additional logins for the same account can be requested by contacting firstname.lastname@example.org
- They are responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the client to comply with this security obligation.
- They are responsible for all content posted and activity that occurs under their account (even when content is posted by others who have accounts under the client’s account).
- They shall not use the Service for any illegal or unauthorised purpose.
- They must not, in the use of the service, violate any laws (including but not limited to copyright laws).
13. Cancellation and Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail, telephone or social media message requests for termination of services will not be honoured until and unless confirmed in writing.
Should you stop payment during your agreement period, you will be billed the remaining amount of your agreement. The content of the client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via the Service Provider.
The Service Provider, in its sole discretion, has the right to suspend or terminate the client’s account and refuse any and all current or future use of the Service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the client’s Account or his access to the Account, and the forfeiture and relinquishment of all content in the said account.
The Service Provider reserves the right to refuse service to anyone for any reason at any time.
14. Modifications to the Service and Prices
The Service Provider reserves the right to modify or discontinue temporarily the service (or any part thereof), provided it notifies the client a minimum of 30 days before doing so.
Should the Service Provider decide to discontinue the service permanently, it shall notify the client at least 60 days beforehand.
Prices of all Services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Service Provider’s website.
The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.
15. Copyright and Content Ownership
The Service Provider claims no intellectual property rights over the material provided by the client to the Service.
The website content, photos, user data and materials uploaded remain to be the client’s property. However, by setting the pages to be shared publicly, client agrees to allow others to view and share the content.
Client agrees to own the rights to publish any content supplied to the Service Provider for the construction of the website and for any content you upload to the website.
The Service Provider does not pre-screen content, but it has the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available by the client via the Service.
The look and feel of the website Service is copyright ©2020 Social Broker, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.
16. General Conditions
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.
If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.
This Agreement constitutes the entire Agreement between the Service Provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings.
No waiver shall be binding unless executed in writing by the party making the waiver.
The client’s use of the Service is his sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Social Broker customer, employee, member, or officer will result in immediate account termination.
The client understands that the technical processing and transmission of the Service, including its content, may be transferred unencrypted and involve transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
The Service Provider does not warrant that:
the service will meet your specific requirements;
the service will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the service will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
any errors in the Service will be corrected.
The Client agrees to:
Use the website in a manner that is legal, ethical and in conformity with community standards;
Respect the privacy of other users in such manner that they shall not intentionally seek data or passwords belonging to other users, nor will they modify files or represent themselves as another user unless explicitly authorised to do so by that user;
Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
Accept notifications of service changes, commercial email and similar offers presented via email.
In the event of a serious violation of the Terms of Service, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the client prior to account termination.
Questions about the Terms of Service should be sent to email@example.com