Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern DigitallyDiv’s( digitallydiv.com.au) relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website or hire us for our services. Once you hire us you automatically abide by the terms.The terms ‘DigitallyDiv’ or ‘us’ or ‘we’ refer to the owner/s of the website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. If there is No valid contract/NDA signed we may publish the Client’s Logos and Social content as proof of our good work anywhere on our website.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). ‘DigitallyDiv’ reserves the right to make changes to the website or materials related to the website without notice.

1imitation of Liability

1.1 In no event shall Digitallydiv be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of Digitallydiv even if Digitallydiv shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.

1.2 In no event shall Digitallydiv be liable to any party for any delays, inaccuracies, errors or omissions with respect to Digitallydiv or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through Digitallydiv. You expressly agree that Digitallydiv shall not be responsible or liable for any loss of data, nor shall Digitallydiv be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.

1.3 Digitallydiv urges you to maintain backup versions of your website’s content to guard against losses of any kind. You expressly agree that Digitallydiv shall not be liable for any conduct by users of Digitallydiv and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through Digitallydiv. You expressly agree to indemnify and hold harmless Digitallydiv, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to Digitallydiv, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.

2. Disclaimer of Warranties

2.1 You expressly agree that entering or using of Digitallydiv is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of Digitallydiv is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.

2.2 Digitallydiv makes no warranty that Digitallydiv will meet your requirements, or that Digitallydiv will be uninterrupted, timely, secure, or error free; Digitallydiv makes no representations as to the suitability of the information available on or through Digitallydiv, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.

2.3 Digitallydiv makes no warranty that a Digital (Online) Marketing campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose,

2.4 Digitallydiv makes no warranty that a Social Media marketing campaign will lead to any clicks to your business or other information.

2.5 Digitallydiv makes no warranty that a search engine marketing campaign will lead to consistent exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.

2.6 Digitallydiv does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).

2.7 Digitallydiv abides by the guidelines of Google AdWords, key terms or adverts requested by the customer must also abide by these guidelines. The packages are sold on the terms of key terms being a key term and location, hence key terms on their own without a location may require a higher subscription or an increase in the customers current package.

2.8 Digitallydiv is not responsible for the increase of any key terms cost per click, hence if your subscription amount can no longer cater for the key terms, they will be removed from your list of key terms. Digitallydiv does not warrant or guarantee:

a) that any information available on or through Digitallydiv will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;

(b) that the information available on or through Digitallydiv will not contain adult-oriented material, or material which some individuals may deem objectionable; or

(c) that the functions or services performed by Digitallydiv will be uninterrupted or error-free or that defects in Digitallydiv will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user’s information or system.

3.CANCELLATIONS POLICY

Notification of intent to cancel must be provided in writing or by email..You must notify Digitallydiv if you do not wish to renew your subscription before the end of the contract. Digitallydiv will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to.

If your website hosting account is cancelled prior to the end of each annual term, You are responsible for all charges incurred up to the time the account is terminated, including all annual charges for the year in which termination became effective.

Digitallydiv reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Digitallydiv may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

 4.Miscellaneous

4.1 Digitallydiv provides you with an initial draft of your Google AdWords advert via email and your account is uploaded at this time. When an account is uploaded by Digitallydiv onto Google’s AdWords network, it is subject to Google’s terms and conditions and approval clauses. Google AdWords has a 48hr monitoring period in which Google will approve your account for online advertising. Digitallydiv will deem your account active once Google approve your account and email you a notification with your subscription start and end dates. Digitallydiv and all its customers must adhere to the terms and conditions of Google AdWords. Digitallydiv ensures its guarantee, of the agreed percentage of key terms on the first page, is only applicable at the time of your daily budget being refreshed by Google Australia. This guarantee is only applicable to accounts that have their geo-target option set to Australia or regions within Australia. Digitallydiv reserves the right in its sole discretion to:

(a) make improvements, corrections, adaptations, conversions and/or any other change in Digitallydiv and to any part thereof and/or to revise or modify these Terms and Conditions of Service;

(b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Digitallydiv or any part thereof, to all users or any number thereof including without limitation the use of or access to Digitallydiv, granted to you or to any other user, at any time, without notice, for any reason or no reason;

b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Digitallydiv or any part thereof, to all users or any number thereof including without limitation the use of or access to Digitallydiv, granted to you or to any other user, at any time, without notice, for any reason or no reason;

(c) refrain from publishing on this site and delete or remove from Digitallydiv, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof;

(d) establish a new operating and usage policy for Digitallydiv and change it at any time for any reason or no reason; and

(e) from publishing Digitallydiv numbers or any other details of the users using Digitallydiv, at any time.

4.2 Digitallydiv may revise or replace these Terms and Conditions of Service from time to time. You agree that your use of Digitallydiv, beyond a period of 15 days after a notice of such change has been provided on the Digitallydiv network, shall constitute your consent to the new or revised Digitallydiv Terms and Conditions of Service. Any reference made in this document to Digitallydiv or Digitallydiv shall be deemed to have been made to Digitallydiv, its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls Digitallydiv, directly or indirectly, and any other subsidiary of that controlling company.

DigitallyDiv Agency  assumes  “the client” has permission from the rightful owner to use any code, scripts, data, and reports are provided by  “the client” for inclusion in its materials, and will hold harmless, protect, and defend DigitallyDiv Agency from any claim or suit arising from the use of such work.

Once project fee is paid in full to DigitallyDiv, any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to  “the client” for inclusion in marketing materials are owned by  “the client”.

This agreement becomes effective only when signed by agents of  “the client” and DigitallyDiv Agency . Regardless of the place of signing of this agreement,  “the client” agrees that for purposes of venue, this contract was entered into in VICTORIA State Australia and any dispute will be litigated or arbitrated in VICTORIA, Australia.

The agreement contained in this contract constitutes the sole agreement between  “the client” and the DigitallyDiv Agency regarding all items included in this agreement.

1. The Service

1.1 These Terms & Conditions govern your use of Digitallydiv Agency   (“Service”), an internet/Online marketing  service operated by DigitallyDiv that provides a Online marketing services Businesses.Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

1.2 Digitallydiv reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice, where your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Digitallydiv as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing.

2.The CONFIDENTIALITY

DigitallyDiv Agency reserves that all materials used, like brochures, audio, videos, images, etc, will only be used for “The Client’s”  promotional purposes. It will not be used for any other purposes in any shape or form, and will be deleted if & when required. All this information will be treated as confidential and proprietary in nature and will not be used by Digitallydiv Agency  for any other purposes besides using the materials to promote CLIENT’s on social media and digital platforms.

3.Limitation of Liability

3.1 In no event shall Digitallydiv Agency  be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of Digitallydiv even if Digitallydiv Agency shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.

3.1 In no event shall Digitallydiv Agency be liable to any party for any delays, inaccuracies, errors or omissions with respect to Digitallydiv or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through Digitallydiv. You expressly agree that Digitallydiv shall not be responsible or liable for any loss of data, nor shall Digitallydiv be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.

3.2 Digitallydiv urges you to maintain backup versions of your promotional content to guard against losses of any kind. You expressly agree that Digitallydiv shall not be liable for any conduct by users of Digitallydiv and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through Digitallydiv. You expressly agree to indemnify and hold harmless Digitallydiv, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to Digitallydiv, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.

3.2 In no event shall Digitallydiv be liable to any party for any delays, inaccuracies, errors or omissions with respect to Digitallydiv or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through Digitallydiv. You expressly agree that Digitallydiv shall not be responsible or liable for any loss of data, nor shall Digitallydiv be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.

4. Disclaimer of Warranties

4.1 You expressly agree that entering or using of Digitallydiv’s services is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of Digitallydiv is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.

4.2 Digitallydiv makes no warranty that Digitallydiv will meet your requirements, or that Digitallydiv will be uninterrupted, timely, secure, or error free; Digitallydiv makes no representations as to the suitability of the information available on or through Digitallydiv, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.

4.3 Digitallydiv makes no warranty that a search engine marketing campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.

5.The TERMINATION

Both parties, i.e.,the Client and Digitallydiv Agency  have the right to terminate the contract with a one month notice period. All documentation, rights and any other information have to be handed over on expiry or early termination of this contract. Confidentiality clause breach may also lead to termination of the agreement.

6. Fees and Payments

6.1 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Digitallydiv or by any third party.

6.2 Digitallydiv shall provide you with a Facebook Ads Management service. Digitallydiv works closely with you to identify realistic goals and timelines and employ the appropriate mix of tactics to maximize your sales for your daily budget. 

7.0 Indemnity

7.1 All services may be used for lawful purposes only. You agree to indemnify and hold DigitalyDiv Agency harmless from any claims resulting from your use of our service that damages you or any other party

8.Content

8.1 It is your responsibility to provide us with the required information about your business and marketing objectives. Digitallydiv Agency takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word or an ASCII text file. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made. You grant Digitallydiv  permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Digitallydiv Agency from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

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