Terms & Conditions
1 GENERAL TERMS & CONDITIONS
1.1 These General Terms & Conditions apply to the provision of services by SocialRev (ABN 92 636 256 874) (SocialRev, we, us, our or the Company) to you as a user and customer (you, your or the Client).
1.2 Your contract with us (“Contract” or “Terms”) for each service or services, including the Social Media Services or the Content Services, and other services defined from the Client Proposal.
1.3 Each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or persons of all confidential information which is received under this agreement and to use such data only for the above stated purposes.
1.4 We may change the terms of your Contract by giving you notice of the change and posting new versions of any terms on this page. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:
a. the change will benefit you or have a neutral impact on you, or is required to preserve or safeguard the security or integrity of our system, we may make the change effective immediately and without advance notice;
b. the change is required to comply with any law or requirement of any regulatory body, we will provide a reasonable period of notice;
c. for all other changes, including price changes, we will give you at least 30 days’ notice.
1.5 To the fullest extent permissible by law, SocialRev shall not be liable to the customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of SocialRev or otherwise.
1.6 Where liability cannot be legally excluded, the liability of SocialRev shall be limited to the cost of supplying the service again.
2 SUPPLY OF SERVICES
2.1 We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Services are terminated. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of
the Service or as a result of a change to the conditions of supply by that supplier.
2.2 Monthly contracts will roll on a monthly basis without notice to you. Unless the Service Terms state otherwise, contract Services which are for a fixed term (including all contracts which are not expressly stated as being month-to-month contracts) (“Fixed Term Contract”) will automatically roll over for a further fixed term of the same length on the date notified to you by our reminder notice. If a Fixed Term Contract is not renewed for a further fixed term, but it is not terminated, it will roll over on a monthly basis.
2.3 If your Fixed Term Contract’s Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or “do not renew” advice in time, we will auto-renew the Service to ensure it continues uninterrupted.
2.4 You acknowledge and accept that a third party supplier may be used to provide the Service to you and we may change this supplier at any time in our sole discretion. Should a change in supplier occur, you acknowledge and agree that we have full authorisation to move, alter or delete your data as reasonably necessary.
3 YOUR OBLIGATIONS
3.1 You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:
a. Responding promptly to our communications in relation to the Services; and
b. Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.
3.2 If you fail to fulfil your obligations in accordance with this clause 4, we may be unable to perform the Services as stated. The fees set out in the Contract (“Fees”) will still be payable as required even if we are unable to perform the services due to your failure to fulfil your obligations in accordance with this clause.
3.3 You indemnify us from and against any and all liabilities incurred by us in connection with:
a. our use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you;
b. our compliance with any directions or instructions by you in relation to the provision of the Services;
c. any breach of this Contract; or
d. any damage to the reputation of the Company suffered as a consequence of a breach of this Contract.
4 FEES AND PAYMENT4.1 You agree to pay us the Fees set out in the Contract for the Services, in advance as stated by the payment period in the Company details.
4.2 Invoicing schedule is on a monthly basis at commencement of work. Unless otherwise agreed in writing, Payment of the Fees must be made by bank transfer cleared funds scheduled in advance for the payment period. No work will commence until such payment is made or transfer scheduled.
4.3 Without prejudice to our other rights and remedies under this agreement, if any Services Fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made.
4.4 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
5 TERMINATION5.1 SocialRev Social Media services solution is provided in the stated length in the proposal. In the event the customer cancels the agreement during the contract term, the remainder of the agreement is payable in full, unless stated otherwise.
6 PRIVACY6.1 The Customer agrees that the Customer’s personal data may be used and retained by SocialRev for the following purposes: i. Provision of goods & services ii. Marketing of goods & services iii. Processing any payment instructions.
7 CONFIDENTIALITY7.1 Notwithstanding that this Agreement shall have terminated or expired, each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or person of all Confidential Information which is received under this Agreement and to use such data only for the above stated purpose.
7.2 Confidential Information shall include information disclosed orally only if identified as proprietary information at the time of the first oral disclosure and reduced to writing and so designated within thirty (30) days thereof. Neither party shall be liable for use or disclosure of any such Confidential Information if the same: i. Is in the same public domain at the time it is disclosed; or ii. Is known to the receiving party at the time of disclosure; or iii. Is used or disclosed with the prior, written approval of the disclosing party; or iv. Is used or disclosed after five (5) years from the date it was first disclosed by the disclosing party to the other party pursuant to this Agreement; or v. Is independently developed by the receiving party; or vi. Becomes known to the receiving party from a source other than the disclosing party without a breach of this Agreement by the receiving party.
7.3 In maintaining the confidentiality of confidential Information received hereunder, each party shall exercise the same degree of care that the receiving party takes to safeguard its own proprietary information.- Added Plans Cards Without eCommerce
1.1 These General Terms & Conditions apply to the provision of services by SocialRev (ABN 92 636 256 874) (SocialRev, we, us, our or the Company) to you as a user and customer (you, your or the Client).
1.2 Your contract with us (“Contract” or “Terms”) for each service or services, including the Social Media Services or the Content Services, and other services defined from the Client Proposal.
1.3 Each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or persons of all confidential information which is received under this agreement and to use such data only for the above stated purposes.
1.4 We may change the terms of your Contract by giving you notice of the change and posting new versions of any terms on this page. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:
a. the change will benefit you or have a neutral impact on you, or is required to preserve or safeguard the security or integrity of our system, we may make the change effective immediately and without advance notice;
b. the change is required to comply with any law or requirement of any regulatory body, we will provide a reasonable period of notice;
c. for all other changes, including price changes, we will give you at least 30 days’ notice.
1.5 To the fullest extent permissible by law, SocialRev shall not be liable to the customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of SocialRev or otherwise.
1.6 Where liability cannot be legally excluded, the liability of SocialRev shall be limited to the cost of supplying the service again.
2 SUPPLY OF SERVICES
2.1 We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Services are terminated. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of
the Service or as a result of a change to the conditions of supply by that supplier.
2.2 Monthly contracts will roll on a monthly basis without notice to you. Unless the Service Terms state otherwise, contract Services which are for a fixed term (including all contracts which are not expressly stated as being month-to-month contracts) (“Fixed Term Contract”) will automatically roll over for a further fixed term of the same length on the date notified to you by our reminder notice. If a Fixed Term Contract is not renewed for a further fixed term, but it is not terminated, it will roll over on a monthly basis.
2.3 If your Fixed Term Contract’s Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or “do not renew” advice in time, we will auto-renew the Service to ensure it continues uninterrupted.
2.4 You acknowledge and accept that a third party supplier may be used to provide the Service to you and we may change this supplier at any time in our sole discretion. Should a change in supplier occur, you acknowledge and agree that we have full authorisation to move, alter or delete your data as reasonably necessary.
3 YOUR OBLIGATIONS
3.1 You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:
a. Responding promptly to our communications in relation to the Services; and
b. Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.
3.2 If you fail to fulfil your obligations in accordance with this clause 4, we may be unable to perform the Services as stated. The fees set out in the Contract (“Fees”) will still be payable as required even if we are unable to perform the services due to your failure to fulfil your obligations in accordance with this clause.
3.3 You indemnify us from and against any and all liabilities incurred by us in connection with:
a. our use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you;
b. our compliance with any directions or instructions by you in relation to the provision of the Services;
c. any breach of this Contract; or
d. any damage to the reputation of the Company suffered as a consequence of a breach of this Contract.
4 FEES AND PAYMENT4.1 You agree to pay us the Fees set out in the Contract for the Services, in advance as stated by the payment period in the Company details.
4.2 Invoicing schedule is on a monthly basis at commencement of work. Unless otherwise agreed in writing, Payment of the Fees must be made by bank transfer cleared funds scheduled in advance for the payment period. No work will commence until such payment is made or transfer scheduled.
4.3 Without prejudice to our other rights and remedies under this agreement, if any Services Fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made.
4.4 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
5 TERMINATION5.1 SocialRev Social Media services solution is provided in the stated length in the proposal. In the event the customer cancels the agreement during the contract term, the remainder of the agreement is payable in full, unless stated otherwise.
6 PRIVACY6.1 The Customer agrees that the Customer’s personal data may be used and retained by SocialRev for the following purposes: i. Provision of goods & services ii. Marketing of goods & services iii. Processing any payment instructions.
7 CONFIDENTIALITY7.1 Notwithstanding that this Agreement shall have terminated or expired, each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or person of all Confidential Information which is received under this Agreement and to use such data only for the above stated purpose.
7.2 Confidential Information shall include information disclosed orally only if identified as proprietary information at the time of the first oral disclosure and reduced to writing and so designated within thirty (30) days thereof. Neither party shall be liable for use or disclosure of any such Confidential Information if the same: i. Is in the same public domain at the time it is disclosed; or ii. Is known to the receiving party at the time of disclosure; or iii. Is used or disclosed with the prior, written approval of the disclosing party; or iv. Is used or disclosed after five (5) years from the date it was first disclosed by the disclosing party to the other party pursuant to this Agreement; or v. Is independently developed by the receiving party; or vi. Becomes known to the receiving party from a source other than the disclosing party without a breach of this Agreement by the receiving party.
7.3 In maintaining the confidentiality of confidential Information received hereunder, each party shall exercise the same degree of care that the receiving party takes to safeguard its own proprietary information.- Added Plans Cards Without eCommerce