Terms and Conditions
Updated 1.7.2024
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of digital marketing services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 The services provided under this Agreement may include, but are not limited to:
– Pay-Per-Click (PPC) Advertising
– Social Media Management and Advertising
– Content Creation and Marketing
– Email Marketing
– Search Engine Optimisation (SEO)
– Online Reputation Management
– Website Analytics and Reporting
2.2 We will perform the services with reasonable skill and care, consistent with industry standards.
3. Client Responsibilities
3.1 You agree to provide all necessary access, materials, and information required for us to perform the services, including but not limited to website access, social media account credentials, and any relevant content or branding guidelines.
3.2 You acknowledge that the success of digital marketing services is dependent on a variety of factors beyond our control, including but not limited to market conditions, changes in search engine algorithms, advertising platforms, and user behaviour. This means that despite our best efforts, the outcomes of the services may vary, and certain factors affecting the success of the marketing efforts may be outside our influence or control.
3.3 You are responsible for the accuracy and legality of any content provided to us for use in digital marketing campaigns.
4. Performance, Results, and Expectations
4.1 While we strive to deliver the best possible outcomes and will use our best efforts in performing digital marketing services, you acknowledge and agree that we do not guarantee specific results. This includes, but is not limited to, increased website traffic, search engine rankings, social media engagement, sales, revenue, business profits, or any other financial outcomes.
4.2 The nature of digital marketing is inherently uncertain and subject to various factors that are beyond our control, including but not limited to changes in technology, market conditions, consumer behaviour, and the actions of third-party platforms (such as search engines and social media networks). This means that we cannot predict or ensure that certain levels of success or specific outcomes will be achieved as these factors may change without notice and impact the effectiveness of the marketing strategy.
4.3 You understand and agree that any statements, representations, or projections regarding potential outcomes or results from our digital marketing services are estimates and should not be considered as guaranteed results.
4.4 Any performance reports provided by us are for informational purposes only and do not guarantee future performance. These reports are intended to give you insights into the effectiveness of your digital marketing campaigns, but they do not constitute a promise of future success.
5. Service Availability and Interruptions
5.1 We shall use commercially reasonable efforts to ensure the continuous availability of digital marketing services. However, we disclaim any liability for interruptions caused by technical issues, third-party services, or other factors beyond our control.
6. Fees and Payment
6.1 You agree to pay the fees for the digital marketing services as specified in the proposal or contract. All fees are non-refundable unless otherwise stated.
6.2 Payments are due within the timeframe specified in the invoice. Late payments may result in suspension or termination of services.
6.3 We reserve the right to adjust our fees for digital marketing services with reasonable notice.
7. Confidentiality
7.1 Both parties agree to maintain the confidentiality of any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
7.2 The obligations of confidentiality shall survive the termination of this Agreement.
8. Intellectual Property
8.1 All intellectual property rights in the materials, strategies, and deliverables we create for you as part of the digital marketing services remain our property until full payment is received.
8.2 Upon full payment, you are granted a non-exclusive, non-transferable license to use the deliverables for your own business purposes.
8.3 You warrant that you have the necessary rights to any content you provide to us and that our use of such content will not infringe the intellectual property rights of any third party.
9. Limitation of Liability
9.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you for the services in the preceding 3 months.
9.2 We shall not be liable, whether in contract, tort (including negligence), or otherwise, for any direct, indirect, incidental, special, or consequential losses or damages, including but not limited to loss of data, loss of profits, loss of business opportunities, business interruption, or any other financial loss, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether arising from breach of contract, tort (including negligence), strict liability, or any other legal or equitable theory.
9.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your violation of any third-party rights.
10. Contractors
10.1 We reserve the right to engage subcontractors or independent contractors to perform any part of the services under this Agreement. We will remain responsible for the quality of work delivered by such contractors.
11. Indemnity
11.1 You agree to fully indemnify, defend, and hold harmless Spring Media Group Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the services, your breach of this Agreement, or your infringement of any third-party rights.
12. Termination
12.1 Either party may terminate this Agreement by providing 30 days’ written notice to the other party.
12.2 We reserve the right to terminate this Agreement immediately if you breach any provision of this Agreement or fail to make timely payments.
12.3 Upon termination, all outstanding fees for services rendered shall become immediately due and payable.
13. Dispute Resolution
13.1 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation. If mediation fails, either party may commence legal proceedings.
13.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
14. Governing Law
14.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any disputes arising out of or in connection with this Agreement.
15. Amendments
15.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued use of the services after any such amendments constitutes your acceptance of the revised terms.
Updated 1.7.2024
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of web hosting and technology care services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 We shall provide web hosting services on a shared hosting platform. You acknowledge that your website will be hosted on a server shared with other clients.
2.2 While we shall use reasonable endeavours to maintain uninterrupted access to your website, you agree that we do not guarantee such access and that temporary interruptions may occur due to factors including, but not limited to, maintenance, network failures, or external threats.
3. Client Responsibilities
3.1 You shall be solely responsible for the security, management, and operation of your website, including, but not limited to, updating software, maintaining secure passwords, and ensuring the integrity of your data.
3.2 You are solely responsible for maintaining independent backups of your website and related data. Any backup services provided by us are offered on an “as-is” basis without any warranty, express or implied.
3.3 You agree to provide all necessary assistance, information, and cooperation reasonably required by us to perform the services under this Agreement. Failure to do so may result in a suspension of services without liability to us.
4. Backups
4.1 Although we may provide automated backup services, you acknowledge that it is your sole responsibility to ensure that backups are up-to-date and available. We disclaim any and all liability for any loss or damage resulting from the failure of backup services.
4.2 In the event of data loss, we may, at our sole discretion, attempt to restore data from available backups. However, we do not warrant or guarantee the availability, completeness, or accuracy of such backups.
5. Service Availability and Interruptions
5.1 We shall use commercially reasonable efforts to achieve a target uptime of 99.9%. However, you acknowledge that due to the shared nature of the hosting environment, such uptime is not guaranteed, and we disclaim any liability for any downtime or interruptions in service.
5.2 We shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with any downtime, interruption, or unavailability of services, except to the extent that such liability cannot be excluded by law.
5.3 We reserve the right to perform scheduled maintenance on the hosting environment, which may result in temporary service interruptions. We will endeavour to provide reasonable notice of such maintenance, but shall not be liable for any consequences arising therefrom.
6. Security
6.1 We implement reasonable security measures to protect your website. However, we do not guarantee absolute security and shall not be held liable for any security breaches, data breaches, or data loss affecting your website.
6.2 You acknowledge that it is your sole responsibility to implement and maintain appropriate security measures on your website, including but not limited to firewalls, SSL certificates, and regular security audits. We shall not be liable for any breaches, unauthorised access, data breaches, data loss, or other security incidents involving your website.
7. Limitation of Liability
7.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the resupply of the services or a refund of the fees paid by you for the services in the preceding 12 months, at our sole discretion.
7.2 Under no circumstances shall we be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of profits, loss of business opportunities, or business interruption, even if we have been advised of the possibility of such damages.
7.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your violation of any third-party rights.
8. Indemnity
8.1 You agree to fully indemnify, defend, and hold harmless Spring Media Group Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the services, your breach of this Agreement, or your infringement of any third-party rights.
9. Suspension and Termination
9.1 We reserve the right to suspend or terminate your access to the services at our sole discretion, with or without notice, if you breach any provision of this Agreement, if we are required to do so by law, or if we determine that such action is necessary to protect our interests or the interests of other clients.
9.2 Upon termination of services, it is your responsibility to ensure that you have backup copies of your website and data. We shall not be liable for any data loss or other damages resulting from the termination of services.
10. Confidentiality
10.1 Both parties agree to maintain the confidentiality of any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
10.2 The obligations of confidentiality shall survive the termination of this Agreement.
11. Dispute Resolution
11.1 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation. If mediation fails, either party may commence legal proceedings.
11.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
12. Governing Law
12.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any disputes arising out of or in connection with this Agreement.
13. Amendments
13.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued use of the services after any such amendments constitutes your acceptance of the revised terms.
Updated: 1.7.24
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of web and technology care services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 The services provided under this Agreement are those outlined in your selected Web and Technology Care Plan. Specific service descriptions and terms will apply only to the services included in your package.
2.2 Web Hosting: If web hosting has been selected as part of your plan, our separate Web Hosting Terms and Conditions will apply to that service. Please refer to those terms for specific details related to web hosting services.
3. Client Responsibilities
3.1 While we provide web and technology care services to maintain and support your website, you acknowledge that the ultimate responsibility for the security, management, and operation of your website lies with you. This includes, but is not limited to, updating software, maintaining secure passwords, and ensuring the integrity of your data.
3.2 You are responsible for maintaining independent backups of your website and related data. Any backup services provided by us are offered on an “as-is” basis without any warranty, express or implied.
3.3 You agree to provide all necessary assistance, information, and cooperation reasonably required by us to perform the services under this Agreement. Failure to do so may result in a suspension of services without liability to us.
4. Service Descriptions
The following services are provided under your selected Web and Technology Care Plan, and only apply if they are included in your package:
4.1 Weekly Secure Backups: We shall perform secure backups of your website on a weekly basis. However, you are solely responsible for maintaining your own independent backups, and we disclaim any liability for any loss or damage resulting from the failure of backup services.
4.2 Periodic Core Updates: We will periodically update the core software of your website to ensure it remains up-to-date with the latest security patches and features. However, you acknowledge that updates may occasionally cause compatibility issues, and we are not liable for any disruptions resulting from such updates.
4.3 Periodic Theme and Plugin Updates: We will update your website’s themes and plugins periodically. If a theme or plugin becomes unsupported by its developer, updates may become less frequent. In such cases, alternative solutions or rebuilds may be required at your expense. While we strive to ensure compatibility, you acknowledge that updates may cause issues, and we are not responsible for any disruptions or malfunctions that may occur.
4.4 Uptime Monitoring: We will monitor your website’s uptime and take reasonable steps to ensure it remains accessible. However, we do not guarantee uninterrupted access and shall not be held liable for any downtime.
4.5 Broken Link Monitoring: We will monitor your website for broken links and either take reasonable steps to fix them or alert you to the issue. However, we are not responsible for any broken links that occur outside our monitoring periods or due to external factors.
4.6 Monthly Activity Reports: We shall provide you with detailed Monthly Activity Reports outlining the maintenance tasks performed, updates applied, and any issues addressed during the reporting period.
4.7 Broken Site Fixes: We will take reasonable steps to address and fix any issues that cause your website to malfunction. You acknowledge that some issues may require additional time or resources to resolve, and we may charge additional fees for out-of-scope work.
4.8 Basic Security Cover: We will implement basic security measures to protect your website from common threats. However, we do not guarantee absolute security, and you acknowledge that you are responsible for implementing and maintaining additional security measures as necessary.
4.9 10% off ad hoc Development: You are entitled to a 10% discount on any ad hoc development services you request. This discount applies only to development services outside the scope of the Web and Technology Care Plans and is subject to availability and scheduling.
5. Service Availability and Interruptions
5.1 We shall use commercially reasonable efforts to achieve a target uptime of 99.9%. However, we disclaim any liability for any downtime or interruptions in service.
5.2 We shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with any downtime, interruption, or unavailability of services, except to the extent that such liability cannot be excluded by law.
5.3 We reserve the right to perform scheduled maintenance on the hosting environment, which may result in temporary service interruptions. We will endeavour to provide reasonable notice of such maintenance, but shall not be liable for any consequences arising therefrom.
6. Security
6.1 We implement reasonable security measures to protect your website. However, we do not guarantee absolute security and shall not be held liable for any security breaches, data breaches, or data loss affecting your website.
6.2 You acknowledge that it is your sole responsibility to implement and maintain appropriate security measures on your website, including but not limited to firewalls, SSL certificates, and regular security audits. We shall not be liable for any breaches, unauthorised access, data breaches, data loss, or other security incidents involving your website.
7. Limitation of Liability
7.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the resupply of the services or a refund of the fees paid by you for the services in the preceding 3 months, at our sole discretion.
7.2 Under no circumstances shall we be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of profits, loss of business opportunities, or business interruption, even if we have been advised of the possibility of such damages.
7.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your violation of any third-party rights.
8. Indemnity
8.1 You agree to fully indemnify, defend, and hold harmless Spring Media Group Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the services, your breach of this Agreement, or your infringement of any third-party rights.
9. Suspension and Termination
9.1 We reserve the right to suspend or terminate your access to the services at our sole discretion, with or without notice, if you breach any provision of this Agreement, if we are required to do so by law, or if we determine that such action is necessary to protect our interests or the interests of other clients.
9.2 Upon termination of services, it is your responsibility to ensure that you have backup copies of your website and data. We shall not be liable for any data loss or other damages resulting from the termination of services.
10. Confidentiality
10.1 Both parties agree to maintain the confidentiality of any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
10.2 The obligations of confidentiality shall survive the termination of this Agreement.
11. Dispute Resolution
11.1 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation. If mediation fails, either party may commence legal proceedings.
11.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
12. Governing Law
12.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any disputes arising out of or in connection with this Agreement.
13. Amendments
13.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued use of the services after any such amendments constitutes your acceptance of the revised terms.
Updated: 1.7.24
1. Introduction
1.1 Spring Media Group Pty Ltd (“we,” “us,” “our”) is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and protect any information that you provide to us when you use our website.
1.2 By using our website, you agree to the collection and use of your information in accordance with this Privacy Policy.
2. Information We Collect
2.1 Personal Information: We may collect personal information that you provide to us directly, such as your name, email address, phone number, and any other details you provide when filling out forms on our website, subscribing to our newsletter, or contacting us.
2.2 Non-Personal Information: We may collect non-personal information automatically when you interact with our website. This includes your IP address, browser type, operating system, referring URLs, page views, and how you interact with the website.
2.3 Cookies: We use cookies and similar tracking technologies to enhance your experience on our website, analyse site traffic, and understand where our visitors are coming from. You can manage your cookie preferences through your browser settings.
3. How We Use Your Information
3.1 Providing Services: We use your personal information to provide the services you request, such as responding to your inquiries, sending newsletters, or fulfilling orders.
3.2 Improving Our Website: We use non-personal information to monitor and analyse usage patterns on our website, which helps us improve our website and services.
3.3 Marketing: With your consent, we may use your personal information to send you promotional emails, newsletters, and other marketing materials that may be of interest to you. You can opt out of receiving such communications at any time.
3.4 Compliance with Laws: We may use your personal information to comply with legal obligations, resolve disputes, and enforce our agreements.
4. Sharing Your Information
4.1 Third-Party Service Providers: We may share your information with trusted third-party service providers who assist us in operating our website, conducting our business, or providing services to you. These third parties are obligated to keep your information confidential and secure.
4.2 Legal Requirements: We may disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
4.3 Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.
5. Data Security
5.1 We implement appropriate technical and organisational measures to protect your personal information from unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.
6. Your Rights
6.1 Access and Correction: You have the right to access and correct any personal information we hold about you. If you would like to review, update, or delete your personal information, please contact us using the information provided below.
6.2 Opt-Out: You have the right to opt out of receiving marketing communications from us. You can do this by following the unsubscribe instructions included in our emails or by contacting us directly.
6.3 Complaints: If you believe that we have breached your privacy rights, you can contact us to discuss your concerns. You also have the right to lodge a complaint with the relevant privacy authority in your jurisdiction.
7. Third-Party Links
7.1 Our website may contain links to third-party websites. We are not responsible for the privacy practices or the content of such websites. We encourage you to review the privacy policies of any third-party websites you visit.
8. Children’s Privacy
8.1 Our website is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information from our records.
9. Changes to This Privacy Policy
9.1 We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated effective date. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
10. Contact Us
10.1 If you have any questions about this Privacy Policy or our privacy practices, please contact us at:
Spring Media Group Pty Ltd
L22, 180 George Street, Sydney, NSW, 2000
[email protected]