Word Of Mouth Agency Pty Ltd Terms & Conditions
1.0 Terms & Conditions
1.1 These Terms are incorporated into all Proposals you enter into with WOM confirmed or signed through email or Proposal.
1.2 You agree to use the Services in accordance with these Terms and all applicable laws and regulations.
2.1 The total price for the Services, as specified in the Proposal (Price), must be paid in accordance with these Terms and any other terms specified in the Proposal. For website design and graphic design services described in clauses 9 and 10 you will pay an up-front fifty per cent (50%) deposit of the Price, payable upon entering into an agreement with WOM confirmed through email or Proposal, and the remaining fifty percent (50%) of the Price will be paid on completion of the Services. For social media services, the Price must be paid within the month the Services are undertaken.
2.1 In the event the scope of the Services is increased or decreased, the Price may be proportionately increased or decreased. Such increase or decrease to the Services and/or Price will be agreed between the parties prior to WOM undertaking the additional Services.
2.2 All Proposals are valid for ninety (90) days only.
3.0 Monthly & Annual Payments, Payment Renewals
3.1 You grant WOM permission to invoice you, in accordance with these Terms and any other terms specified in the Proposal
3.2 Where an invoiced amount is not paid on or before its due date for payment, WOM has the right to add 5% interest to the overdue amount, and every month thereafter, until such overdue amount is paid. Any interest must be paid upon demand by WOM.
3.4 Payment is accepted through EFT (Electronic Funds Transfer) to the named Bank Account Name, BSB and Account Number as specified in WOM’s invoices.
3.5 invoice numbers must be referenced in the description of any EFT payments to WOM.
4.1 WOM’s total aggregate liability arising out of or in connection with these Services and/or Terms will be capped at the Price.
4.2. Neither party will be liable to the other party for any special, indirect or consequential loss arising out of or in connection with the Services and/or these Terms.
5.0 Suspension or Cancellation of Services
5.1 You agree that WOM reserve the right to suspend or cancel any part or all of the Services if:
- You do not pay any invoices within sixty (60) days of their due date.
- You breach any obligation in these Terms.
- WOM, acting reasonably, believe you are involved in illegal and/or fraudulent activity.
- WOM, acting reasonably, believe the use of the Services may cause damage or loss to WOM or any of WOM’s third-party suppliers.
- You fail to provide the required content, and by the required date, specified in the Proposal for WOM to complete the Services.
5.2 If the Services are cancelled or suspended under clause 5.1:
- You must pay any owing invoices within the earlier of thirty (30) days from the date the Services are cancelled and the due date for that invoice.
- WOM may delete all information and data held in relation to the Services after ninety (90) days from the date the Services are cancelled.
- You release WOM from any and all claim(s) arising from the cancellation of the Services under these Terms. For the avoidance of doubt, such cancellation does not limit either party’s rights, caused by a breach of these Terms, or in relation to any claims either party has against the other before the date the Services are cancelled.
5.3 Either party may cancel the Services by providing at least fourteen (14) days’ written notice. If you have not provided such notice of cancellation of the Services prior to any renewal dates specified in the Proposal then WOM has the right to invoice you for the renewing amount.
5.4 If you choose to abandon the development of a website and/or any Services prior to completion, WOM will not return the initial 50% deposit of the Price paid to WOM specified in clause 2.1. Any associated remaining fees may be requested to be paid depending on the status of completion in WOM’s reasonable opinion.
6.1 WOM warrants that the Services will be in accordance with these Terms and/or the Proposal for a period of sixty (60) days from completion of the Services (Warranty Period). During the Warranty Period, if the Services are proven to be defective, WOM shall repair such defective Services at its sole cost. For the avoidance of doubt, WOM will not be liable for any defective Services in the event a third party software provider or yourself caused or contributed to such defect.
7.0 Client-Supplied Materials & Content
7.1 You will supply content, images and any other relevant information unless otherwise stated or created by WOM. WOM will not be held responsible for plagiarism or copywriting text or imagery.
7.2 You agree to indemnify WOM against any claims brought against WOM by any third party for intellectual property infringement arising out of or in connection with the Services.
7.3 The parties will agree on a timeline where content and imagery, as described in clause 7.1, will be provided to WOM by a specific date to enable WOM to complete the Services by the completion date specified in the Proposal.
8.1 Any private passwords or access provided to WOM will be kept strictly confidential.
8.2 WOM will not be liable for any loss you incur if any passwords are leaked by an external party or third-party applications.
8.3 Each party agrees to keep all information provided to it in connection with the Services strictly confidential and shall not disclose any information to any third party without the written consent of the provider of such confidential information.
9.0 Website Design & Website Hosting
9.1 Websites hosted by WOM are completely controlled by WOM and you can only move to a different website hosting provider once payment is made to WOM in full and you provide WOM 30 days written notice. WOM can assist with providing digital backups of a complete website for a minor fee or provide the access details for you to arrange any digital backups.
9.2 WOM is not liable for updating plugins, WordPress, CMS Updates or PHP for any website controlled by WOM’s servers.
9.3 Any third party website applications, website plugins or website related subscriptions will not be included in our quotations and will be additionally charged.
9.4 Ongoing website support is provided by WOM for all website hosting services, unless you have made manual edits in the platform or CMS, and provided your website admin login details to a third party. If this is the case then all updates, fixes, repairs and changes may incur additional charges.
9.5 In the event you require a website backup, WOM will charge for the website files. WOM has regular backups for websites that are hosted by WOM. If your website goes offline and/or has errors and it’s not under a WOM website hosting plan then WOM will not be liable for assisting to bring your website back online.
9.6 If website admin access is provided to you, you are completely liable for any issues, bugs, errors and fixes that occur from you even if WOM is hosting your website. If WOM must make any changes from your actions there will be our hourly rate charge.
10.0 Graphic Design
10.1 Graphic design may include, but is not limited to logo design, poster design, business card design and/or any graphic related.
10.2 Any designs created by WOM have permission to be publicly advertised through our www.wordofmouthagency.com.au website and social media pages (Facebook and/or Instagram).
10.3 On completion of a graphic design project, you rightfully own all designs created and WOM will deliver the completed files of a project in the agreed file formats. The working/source files are owned by WOM and will not be shared unless agreed upon in initial contract. Any further changes or files requested after the completion of a project will incur additional charges including but not limited to master files, revisions and any alterations from the agreed final design.
11.0 Social Media Management
11.1 Entering into a social media agreement service with WOM gives WOM permission to create and post social media content on behalf of you.
11.2 WOM will not be held accountable for comments, messages or feedback received through social media management on Facebook and/or Instagram.
11.3 You agree to grant complete access to all social media platforms necessary for WOM to complete the Services.
11.4 You approve WOM to openly ‘Like’, ‘Comment’ and ‘Follow’ public and private users on social media platforms.
12.0 Paid Advertising, Google AdWords
12.1 WOM provides setting up digital advertising campaigns through Google for paid views and traffic to your website.
12.2 All costs related to paid advertising will be charged directly to you managed by WOM subject to the agreement of the ad spend budget specified in the Proposal.
12.3 Google AdWords and paid advertising setup by WOM is rightfully owned by WOM.
13.0 Email Addresses
13.1 WOM can provide custom email addresses for your domain through a third-party service and assist with the initial setup of the email on desktop and mobile platforms. WOM will pass on all charges incurred for and relating to any additional email support after this period.
13.2 If there are any technical issues with your email software or platform WOM has the right to charge fees for support and email assistance related to this matter.
Word Of Mouth Agency values and respects the privacy of the people we deal with. Word Of Mouth Agency is committed to protecting your privacy and complying with the Privacy Act 1988 (Cth) (Privacy Act) and other applicable privacy laws and regulations.
What is personal information?
“Personal information” means any information or opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. In general terms, this includes information or an opinion that personally identifies you either directly (e.g. your name) or indirectly.
What personal information do we collect?
The personal information we collect about you depends on the nature of your dealings with us or what you choose to share with us.
The personal information we collect about you may include:
- mailing or street address;
- date of birth;
- email address;
- phone number
You do not have to provide us with your personal information. Where possible, we will give you the option to interact with us anonymously or by using a pseudonym. However, if you choose to deal with us in this way or choose not to provide us with your personal information, we may not be able to provide you with our services or otherwise interact with you.
How do we collect your personal information?
We collect your personal information directly from you when you:
- interact with us over the phone;
- interact with us in person;
- interact with us online;
- participate in surveys or questionnaires;
- attend a Word Of Mouth Agency event;
- subscribe to our mailing list;
- apply for a position with us as an employee, contractor or volunteer;
Collecting personal information from third parties
We may also collect your personal information from third parties or through publicly available sources, for example from. We collect your personal information from these third parties so that [insert the purpose for which your organisation collects personal information from these third parties].
How do we use your personal information?
We use personal information for many purposes in connection with our functions and activities, including the following purposes:
- Provide you with information or services that you request from us;
- Deliver to you a more personalised experience and service offering;
- Improve the quality of the services we offer;
- Internal administrative purposes;
- Marketing and research purposes;
Disclosure of personal information to third parties
We may disclose your personal information to third parties in accordance with this Policy in circumstances where you would reasonably expect us to disclose your information. For example, we may disclose your personal information to:
- Our third-party service providers (for example, our IT providers);
- Our marketing providers;
- Our professional services advisors;
Transfer of personal information overseas
Where we disclose your personal information to third parties overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained. We will only disclose to overseas third parties if:
- You have given us your consent to disclose personal information to that third party, or
- We reasonably believe that:
- the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the APPs; and
- the law or binding scheme can be enforced; or
- the disclosure is required or authorised by an Australian law or court/tribunal order.
How do we protect your personal information?
Word Of Mouth Agency will take reasonable steps to ensure that the personal information that we hold about you is kept confidential and secure, including by:
- Having robust physical security of our premises and databases/records;
- Taking measures to restrict access to only personnel who need that personal information to effectively provide services to you;
- Having technological measures in place (for example, anti-virus software, firewalls);
Our website uses Google Analytics to help us better understand visitor traffic, so we can improve our services. Although this data is mostly anonymous, it is possible that under certain circumstances, we may connect it to you.
We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Australian Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
You may opt out of receiving marketing communications from us at any time by following the instructions to “unsubscribe” set out in the relevant communication / contacting us using the details set out in the “How to contact us” section below.
In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of advertising, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you (including through third-party websites).
Retention of personal information
We will not keep your personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with applicable laws, for example, record-keeping obligations.
Mobile Terms of Service
The Word Of Mouth Agency mobile message service (the “Service”) is operated by Word Of Mouth Agency (“Word Of Mouth Agency”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Word Of Mouth Agency’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Word Of Mouth Agency through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Word Of Mouth Agency. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Text the single keyword command STOP to WordOfMouth or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Word Of Mouth Agency mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to WordOfMouth or email [email protected].
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.