TERMS OF SERVICE

In these terms of service:

“Us” and “we” means Agile Holdings Pty Limited trading as Ethical + co

“You” means your corporate entity or business and the authorised representatives thereof who have ordered, purchased, subscribed or accessed any services or materials on our website.

“Our website” means https://www.ethicalandco.co

By ordering, purchasing or subscribing to any services developed, operated, provided, maintained or hosted by us including all websites and IP addresses available at and configured for use at https://www.ethicalandco.co you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by us and you.

BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.

Our services:

We offer a range of services connected to web strategy and marketing for ethical, fair trade and social impact businesses, including:

  • A website strategy package for the purpose of assessment and strategic advice on an existing website. The fee for this service is a one off charge, payable in advance;
  • Social media management services for the social channels referred to on www.ethicalandco.co/about, payable monthly in advance until cancellation or termination. Our social media management services commence with an onboarding process of two weeks followed by daily posts as per the following timeline:

          Service ordered – you complete discovery questionnaire

          Week 1 – we complete your social media audit/strategy

          Week 2 – You review / discuss / tweak and we agree on strategy

          Once strategy agreed  – daily posts commence.

  • Social media graphics packages (purchased as packs), payable in advance;
  • Custom one-off services involving web design/strategy, marketing, social strategy, branding, user experience, conversion optimisation, content marketing (blog post writing and promotion) and email marketing. Custom services will be quoted to required specifications and are payable in advance (because we’re too busy doing good to chase money :))

General Conditions

  • Your use of our services is at your sole risk. You acknowledge, understand and agree that we provide services to you “As Is” and “As Available” without warranty or condition of any kind;
  • We shall not be responsible for any inaccuracies related to your product or business, nor be responsible or liable for any writing/publishing content that may negatively affect or damage your product or business;
  • We reserve the right to provide similar or identical services to companies that may be in competition with you. In such cases, we will use our best efforts to ensure that all content provided to each client is unique and tailored to each client. At no time shall we ever disclose any information received from one client to another client;
  • You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service;
  • You acknowledge, understand and agree that we cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control;
  • You agree that you will not repost or auto-post content created by us as part of the service to social channels which we do not manage;
  • We are not responsible if due to technical bugs, administrative error or any other reason social media posts fail to be posted to your profile(s) and we are not responsible for such failure negatively affecting or damaging your product or business. Should there be a technical bug or administrative error causing post failure we will take immediate steps to rectify as soon as we become aware of the issue.We use third party software required to run and manage the social media management service including but not limited to the Onlypult service for scheduling of Instagram posts;
  • You agree to defend, indemnify, and hold harmless us and our officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the service or your violation of this Terms of Service;
  • The Terms of Service constitutes the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service)

Payment terms

A valid credit card is required for all accounts.

All services are billed in advance (social media management services are automatically recharged on a monthly basis).

Refunds are not available after your purchase.

We reserve the right to terminate or suspend an account for non-payment of subscription dues. Any unpaid fees for your term are still owed.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

We reserve the right to change our service fees upon 30 days notice. Such notice may be provided at any time notifying you through email.

Disclaimer

The services offered on our website are provided “as is”. We make 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, we does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services on its website or otherwise relating to such materials or on any sites linked to this site.

We do not warrant that our services will be uninterrupted, timely, secure, bug or error-free.

You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your usage of the service or from your social media profiles being suspended or cancelled due to the use of the service.

Limitations

In no event will we or our suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use our services, even if we have 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. In no event will our total liability under this agreement exceed fifty dollars ($50 USD), regardless of the cause of action, in tort, contract, or otherwise.

Ownership, trademarks & provided assets

In relation to any content/copy provided by you for use as part of our services you are responsible for the materials provided and warrant that those assets can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to us that all materials provided do not infringe on the intellectual property rights of third parties. You agree to indemnify, defend, and hold harmless us and our affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable legal costs , arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Data Security

According to the service selected, you are required to supply us with the appropriate login credentials for your social media channel(s), website, analytics and other software as required to fulfill the services. We will store login credentials securely, and they are only shared with staff and suppliers if required who are prohibited from sharing these login credentials and from using your log-in credentials for any purpose outside provision of the Services. At all times, you are responsible for having adequate security in place on your website.

Confidentiality

We respect and hold dear the privacy of our clients and the confidentiality of the information that you provide to us in connection with the services we provide. AO will never disclose or sell such information to any third party without your permission subject to any disclosures required by law or properly issued subpoena.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Cancellation

You are solely responsible for properly cancelling your account. You may cancel your monthly services at any time by contacting us by email. You will no longer be charged after your current term is completed. There is no cancellation fee. There will be no refund if you cancel the service before the end of your current, paid-up month and you will not be charged or billed thereafter.

Web strategy, social media graphics packages and custom services cannot be cancelled after work has commenced.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.