- Website Terms and Conditions of Use
- Atomic Social Media Services
Website Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Use Licence
- Permission is granted to temporarily download one copy of the materials (information or software) on the website www.atomicsocialmedia.com.au for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Atomic Social Media website;
- remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
- This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Atomic Social Media at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Atomic Social Media website are provided “as is”. Atomic Social Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Atomic Social Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Atomic Social Media or its Atomics be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Atomic Social Media’s Internet site, even if Atomic Social Media or a Atomic Social Media authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on Atomic Social Media’s website could include technical, typographical, or photographic errors. Atomic Social Media does not warrant that any of the materials on its web site are accurate, complete, or current. Atomic Social Media may make changes to the materials contained on its web site at any time without notice. Atomic Social Media does not, however, make any commitment to update the materials.
Atomic Social Media has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Atomic Social Media of the site. Use of any such linked web site is at the user’s own risk.
- Governing Law
Any claim relating to Atomic Social Media website shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Website.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfilment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Atomic Social Media Services Terms and Conditions
- Terms and Conditions
- These Terms and Conditions shall apply to the provision of the digital marketing services as stated in the proposal, quote or invoice(“Services”) provided by Brand Nation Group Pty Ltd T/A Atomic Digital Marketing/ Atomic Social Media, P.O Box 217, Paddington NSW 2021(“Atomic”) to you (“Client”).
- Acceptance of a proposal, quote or invoice, automatically constitutes the acceptance of these Terms & Conditions. No other terms and conditions shall apply to the provision of Services unless agreed upon in writing between Atomic and the Client.
- A “business day” means any day other than a Saturday, Sunday or bank holiday.
- The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- “GST” has the same meaning as it does in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 and any related or similar legislation;
- With effect from the commencement date stated in any quotation or invoice and in consideration of the Fees being paid in accordance with these Terms and Conditions, Atomic shall provide the Services to the Client.
- Atomic shall use reasonable care and skill in its performance of the Services and shall ensure compliance with any and all relevant codes of practice.
- Atomic shall use its best and reasonable endeavours to complete its performance of the Services within the time agreed as set out in the quotation; however time will not be of the essence in the performance of these obligations nor will Atomic be under any obligation to provide the Client with any of Atomic’s Intellectual Property or Copyright as scheduled in Clause 10.2
- Client Obligations
- The Client shall use its best and reasonable endeavours to provide Atomic with access to any and all relevant information, materials, properties and other matters including FTP and CMS backend passwords which are required to enable Atomic to provide the Services.
- The Client shall use its best and reasonable endeavours to acquire any permissions, consents, licences or other matters which are required to enable Atomic to provide the Services.
- The Client shall use its best endeavours to ensure that websites are hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.
- The Client acknowledges that the addition of regular, fresh content to a website will significantly help to improve the stability of rankings within search engines and shall use its best endeavours to provide such materials.
- The Client grants permission to Atomic to set, create and or set up relevant accounts with search engines, social media and other online services on behalf of client, in order to fulfil its obligations under these terms.
- The Client must notify Atomic immediately if any username and password are lost, or you think someone else is using them.
- The Client/Atomic shall not approach Atomic’s staff members/contractors for employment within their organisation or company. If an employee/contractor does join The Client as a result of the actions of The Client, Atomic will be entitled to recover the costs associated with employing another staff member/contractor from The Client
- Atomic shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of Clause 4.
- Fees [and Deposit]
- The fees (“Fees”) for the Services are set out in the quotation or invoice.
- In addition to the Fees, Atomic shall be entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and / or services supplied in connection with the Services such as domain name registration, web hosting, courier expenses or mail house or other.
- The Client shall pay Atomic for any additional services provided by Atomic that are not specified in the quotation in accordance with Atomic’s then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between Atomic and the Client. The provisions of sub-Clause 5.2 shall also apply to such additional services.
- 5.2 shall also apply to such additional services.
- The Fees are exclusive of any applicable GST and other taxes or levies which are imposed or charged by any competent authority.
- The Client shall be required to pay a deposit of one months fee in full (“Deposit”) as detailed in the quotation either at the time of accepting this quotation or within 7 days of acceptance.
- If the Client does not pay the Deposit to Atomic in accordance with sub-Clause 5.5Atomic shall have the right to withhold provision of the Services until the Deposit is received or may terminate in accordance with Clause 9.5.7
- The Deposit shall be non-refundable unless Atomic fails to provide the Services and is at fault for such failure (where the failure is not the fault of Atomic, no refund shall be made).
- Quotation, Contract and Variation
- Atomic is not obliged to accept an order for Services from the Client unless the Client has supplied references which are requested by, and satisfactory to, Atomic.
- A quotation constitutes written acceptance and confirmation by Atomic of the Client’s order for the Services (as agreed between Atomic and the Client).
- Having issued a quotation which is a contractual offer to provide the Services, Atomic agrees to enter into a contract for the provision of Services upon the Client’s written acceptance of this quotation and of these Terms and Conditions.
- A quotation is valid for a period of 30 days from the date shown unless expressly withdrawn by Atomic at an earlier time.
- Either Atomic or the Client may cancel the order for any reason prior to the Client’s acceptance (or rejection) of a quotation.
- If the Client wishes to vary any details of the Services, it must notify Atomic in writing as soon as possible. Atomic shall endeavour to make any required changes and additional costs shall be invoiced to the Client.
- If, due to circumstances beyond its control, Atomic has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify the Client immediately. Atomic shall endeavour to keep any such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
- Following the Client’s acceptance of a quotation, Atomic shall invoice the Client for the Fees on the invoice dates set out in the quotation.
- The Client shall pay the Fees due within 7 days of the date of Atomic’s invoice.
- Unless otherwise agreed in writing the client shall provide Atomic with direct debit authorisation for the payment of any ongoing monthly fees by direct debit of the client’s account or credit card.
- The client is responsible for ensuring that sufficient funds are available to meet ongoing monthly payment of fees by direct debit.
- If the Client fails to make payment within the period in sub-Clause 7.2 Atomic shall have the right to suspend any further provision of the Services and to cancel any future services which may have been ordered by, or otherwise arranged with, the Client.
- Receipts for payment will be issued by Atomic only at the Client’s request.
- All payments must be made in Australian dollars unless otherwise agreed in writing between Atomic and the Client.
- Atomic may charge you a credit card payment processing fee and any cost associated with collecting payment for unpaid invoices.
- Atomic shall be free to sub-contract the provision of the Services (or any part thereof.
- Where Atomic sub-contracts the provision of the Services or any part thereof it shall ensure that any and all subcontractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client.
- Atomic may terminate the provision of the Services immediately if:
- The Client commits a material breach of its obligations under these Terms and Conditions such as employing another service provider to provide similar promotion services; or
- The Client or any 3rd party, after engaging Atomic, makes modifications to the website that use unethical digital marketing techniques (such as cloaking, hidden text, keyword stuffing, etc.) or add pharmaceutical, gambling or pornographic links to the website that have no relevance to the website.
- The client sends, stores or distributes unsolicited commercial electronic messages in breach of the provisions of the Spam Act 2003 (Cth).
- The client engages in unlawful activity.
- The Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
- The Client enters into a voluntary arrangement under the Insolvency Act, or any other scheme or arrangement is made with its creditors; or
- The Client convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Client, notice of intention to appoint an administrator is given by the Client or any of its directors or by a qualifying floating charge holder a resolution is passed or petition presented to any court for the winding up of the Client or for the granting of an administration order in respect of the Client, or any proceedings are commenced relating to the insolvency or possible insolvency of the Client.
- In the advent of termination Atomic may at its absolute discretion retain all fees payable to Atomic and shall not be held liable for the effects caused by the client or a third party engaging in unlawful activity or unethical techniques.
- Intellectual Property
- Atomic reserves all copyright and any other intellectual property rights (if any) which may subsist in the products of, or in connection with, the provision of the Services such as domain names, ip addresses and service provision techniques. Atomic reserves the right to take such action as may be appropriate to restrain or prevent the infringement of such intellectual property rights.
- All domains registered by Atomic remain the property of Atomic unless otherwise agreed in writing.
- Atomic reserves the right to refuse to handle:
- Any content which is unlawful or inappropriate
- Any content which contains a virus or hostile program
- Any content which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- Any content which constitutes a criminal offence, infringes privacy or copyright
- Liability and Indemnity
- Atomic will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Atomic’s employees, agents or otherwise) in connection with its provision of the Services or the performance of any of its other obligations under these Terms and Conditions or this quotation or with the use by the Client of the Services supplied.
- Atomic shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of Atomic’s obligations if such delay or failure is due to any cause beyond Atomic’s reasonable control.
- The Client shall indemnify Atomic against all damages, costs, claims and expenses suffered by Atomic arising from any loss or damage (including that belonging to third parties) caused by the Client or its agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude Atomic’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.
- Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, alterations to search engine algorithms and indexing decisions,industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
- All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- On the fifth business day following mailing, if mailed by national ordinary mail; or
- On the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
- No waiver by Atomic of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
- No failure or delay on the part of either Atomic or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
- In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
- Law and Jurisdiction
- These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Australia and the State Of New South Wales.
- Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of the State of New South Wales.