Wellness Social Media | Terms & Conditions
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Last revised: 19/04/2017

 

The following terms constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Wellness Social Media (“Wellness Social Media”), (“we”, “us”) (A.C.N 16 155 671 766) and contain the terms and conditions that apply to your access and use to The Services provided by Us.

 

  1. TERMS OF USE
    • Please read these terms and conditions (the “Terms”) carefully. By engaging us, you signify that you agree to these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service.
    • Wellness Social Media reserves the right to modify this Agreement and/ or the Policies (and update Wellness Social Media Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
  2. SERVICE DESCRIPTION
    • Wellness Social Media provides clients with social media management services including (but not limited to):
      • Social Media Strategy development;
      • Community engagement;
      • Content creation; and
      • Other association social media services.
    • Clients of Wellness Social Media will be provided with a draft for all content created. The Client is responsible for accepting all content provided by Wellness Social Media, prior to publishing.
    • Given the individualistic needs of our clients, for clients who have engaged Wellness Social Media on an on-going monthly agreement (minimum six month commitment), a custom monthly quote from Wellness Social Media will be provided based on their specific needs and requests from Wellness Social Media. For further information about Payments and Bookings, please refer to Clause 5 and 6 of these Terms.
    • Business hours for Wellness Social Media are: Monday to Friday, 9:00am to 5:00pm. However are flexible and is as agreed with the client.
    • The Client acknowledges that from time to time, Wellness Social Media may engage sub-contractors to assist in project work.

 

  1. PRIVACY POLICY
    • Wellness Social Media is committed to safeguarding your privacy online. Please review our privacy policy here.

 

  1. LINKS
    • This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Wellness Social Media endorses, has investigated or verified the linked websites.
    • Wellness Social Media makes no warranty or representation concerning these links or the linked websites and you acknowledge that Wellness Social Media is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.
    • You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
    • All prices displayed for services advertised on the Website, can be changed without notice.

 

  1. PAYMENT
    • Payment of services and/or products will be in Australian Dollars (AUD).
    • Payment will be made via Electronic Funds Transfer (EFT) to specified bank account of Wellness Social Media, or PayPal (additional 3% surcharge fees applicable).
    • In the event Wellness Social Media are required to recover any unpaid costs through an external agency:
      • all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
      • where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
    • All grants of any license to use or transfer ownership of any intellectual property rights (including but not limited to designs and artwork completed by Wellness Social Media or its Sub contractors) under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.
    • If additional reasonable costs are incurred in the course of delivering the Client the Services requested, the additional expenses will be added to the next monthly bill for the Client (for month by month clients), billed in the final invoice (for one-off project clients), or as agreed between Wellness Social Media and the Client.

 

  1. BOOKINGS
    • Clients who engage Wellness Social Media have the option to:
      • engage us under a monthly commitment (minimum six months commitment); or
      • engage us for a one-off project.
    • A 50% non-refundable deposit (of the total service fee) will be required to confirm a one-off project.
    • Full and punctual payment of the remaining 50% for one-off projects are to be made within seven (7) of issuance of the final invoice.
    • Clients who have opted for a month-by-month service, acknowledge unless otherwise specified and agreed to in the Service Agreement, that it will be a minimum six months commitment.
    • Clients will be required to pay a non-refundable deposit of the first monthly quoted service fee to Wellness Social Media prior to the commencement of the agreement and/or Services. This is to confirm the client’s spot in our working calendar. A proof of payment will be required for records purposes.
    • As soon as Clause 6.4 has been fulfilled, commencement dates for the project, will then be confirmed with the Client. (“Commencement date”)
    • Future monthly debits (for month by month clients) will then be automatically debited from an account provided by the Client to Wellness Social Media approximately fourteen (14) days in advance of the next monthly billing cycle (from the Commencement date).
    • An electronic receipt will be provided to the Client.
    • Where the ending date to a monthly commitment agreement is approaching, Wellness Social Media will contact the client to discuss whether the Client wishes to continue Services with Wellness Social Media.
    • Where the Client does wish to continue Services with Wellness Social Media, a new or amended Service Agreement will be drafted detailing the new commitment dates.

 

 

  1. CANCELLATIONS AND REFUNDS
    • Owing to the nature of work provided by Wellness Social Media, Clients who have engaged Wellness Social Media on a one-off project basis will not be able
    • Should the Client wish to terminate the agreement or a service by Wellness Social Media (under a month by month basis), however are yet to reach the minimum six month commitment period, the Client acknowledges that the deposit as well as all fees are strictly non-refundable, and the Client guarantees payment of the full amount, under a monthly installment, for the remainder of the agreed period (If not specified, minimum six month commitment).
    • Wellness Social Media may consider cancellations, refunds and partial refunds for works completed under a monthly agreement (minimum six months commitment) for exceptional circumstances. Wellness Social Media holds full discretion in deciding this, and cases will be assessed on a case by case basis.
    • Where a Client wishes to discontinue Services from Wellness Social Media following their minimum six month commitment, or following their committed period under the Service Agreement (whichever is relevant), it is recommended that they provide Wellness Social Media with fourteen (14) days written notice via email of their desire to cancel services following the end of their Commitment date.

 

  1. DELAYS
    • The Client shall make all reasonable efforts to provide needed information, materials and approvals to Wellness Social Media in a timely manner.
    • Parties should in writing, inform the other party using all reasonable efforts, should a delay occur.
    • The Client understands that any delays by the Client will result in a day for day extension of the due date for all deliverables.
    • Delays beyond the control of both parties (including but not limited to natural disasters, acts of government after the date of agreement, power failure, etc) shall not be considered a breach and will result in a day for day extension of any performance or deliverable due.

 

  1. NO WARRANTIES
    • To the extent permitted by law, if Wellness Social Media does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.
    • Wellness Social Media agrees to use all reasonable efforts to provide the Services. You acknowledge and agree that nothing in this agreement shall constitute by Wellness Social Media an express or implied warranty or guarantee:
      • that the Services will be free from external intruders, virus or worm attack, denial of service attack, or other persons having unauthorized access to services or systems of Wellness Social Media;
      • as to the outcomes that may be obtained from use of the Services;
      • as to any increase in revenue, profit or goodwill that may be obtained as a consequence of the Services;
      • as to the accuracy, reliability or content of any information provided through the Services.

 

  1. LIABILITY AND INDEMNITY
    • Wellness Social Media is protected by
    • In no event shall Wellness Social Media, nor any of its officers, be liable to you or anyone for any delays, errors, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, physical, consequential or punitive damages or any legal costs arising out of, or in connection:
      • the use of any products provided to you by Wellness Social Media;
      • the use of information provided by you through for Wellness Social Media and or its platforms; or
      • you or anyone else being unable to access Wellness Social Media for any reason.
    • You indemnify and hold Wellness Social Media harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Wellness Social Media in respect of the:
      • provision of the Services to You;
      • use of the Services by You; and/or
      • any breach of this agreement by You.
    • Wellness Social Media nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Wellness Social Media, including such conduct or material transmitted by means by any other person.
    • When using social media, health practitioners should be aware that the National Law, their National Board’s code of ethics, privacy legislation, and professional conduct (the Code of Conduct) and the Guidelines for advertising regulated health services apply. Wellness Social Media will merely create and provide content to its Clients, the Client takes full responsibility to confirm the accuracy, appropriateness, and the contents in any material or services provided by Wellness Social Media.
    • When creating content for clients, the client will be required to provide expressed written consent to confirm that they have approved the content, as per Clause 9.5.

 

  1. CONFIDENTIALITY
    • All material considered confidential by either party shall be designated as confidential.
    • Such confidential information shall not be disclosed to third parties and shall only used as needed to perform this agreement.

 

  1. USER OBLIGATIONS
    • You agree that at all times that:
      • You will comply with this Agreement (including all Wellness Social Media Policies) and all applicable laws and regulations;
      • You will provide accurate information, to the best of your knowledge, to Wellness Social Media;
      • You will not use Wellness Social Media or any of its related services for any illegal or immoral purpose.

 

  1. YOUR DATA
    • You own all rights, title and interest in and to all of Your Data and shall have sole responsibility for the accuracy, legality, reliability, integrity and quality of Your Data.
    • Wellness Social Media will not be responsible for any loss, destruction, alteration or disclosure of any of Your Data caused by any third party.

 

  1. NO RELATIONSHIPS CONSTITUTED
    • No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Wellness Social Media, its related entities or affiliates in any way whatsoever.

 

  1. TERMINATION OF RELATIONSHIP
    • Wellness Social Media reserves the right to deny service or terminate service because of safety concerns, financial concerns, or inappropriate or uncomfortable situations.
    • Wellness Social Media may terminate a contract with a Client if the Client fails to make his or her monthly payment sixty (60) days following the due date, and Wellness Social Media have exhausted all attempted forms of communications with the Client to resolve the issue.
    • Limitation of Liability, and Mediation and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

 

  1. INTELLECTUAL PROPERTY
    • The information, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Wellness Social Media and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.
    • You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by Wellness Social Media.

 

  1. DISPUTES AND MEDIATION
    • If the Client has a complaint about the Service they have received from Wellness Social Media please contact us directly through hello@wellnesssocialmedia.com.au.
    • Mediation will be the first cause of action, if communications between the Client and Wellness Social Media to attempt to resolve the dispute has exhausted.
    • All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.

 

  1. CHOICE OF LAW
    • The agreement herein is governed by the law in force in the State of Victoria and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
    • If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

 

  1. LAW ENFORCEMENT
    • Wellness Social Media reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or
      relevant law.