These terms and conditions are applicable for any digital marketing packaged or standalone service provided by THE-OOP.COM.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by THE-OOP.COM are defined in the project quotation that the Client receives by e-mail or special offer documentation. Quotations are valid for a period of 30 days. THE-OOP.COM reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all Facebook advertising services are payable in advance. Advertising fees must be paid directly to Facebook and are not included in the quote.
Payment for services is accepted by credit card or bank transfer. Bank details will be made available on invoices.
3. Client Review
THE-OOP.COM will provide the Client with an opportunity to review the appearance and content of any posts or other materials on request. After review, such materials will be deemed to be accepted and approved unless the Client notifies THE-OOP.COM otherwise within two (2) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
THE-OOP.COM will begin content creation by the date specified in the project proposal, or at date agreed with Client upon THE-OOP.COM receiving initial deposit, unless a delay is specifically requested by the Client and agreed by THE-OOP.COM.
In return, the Client agrees to delegate a single individual as a primary contact to aid THE-OOP.COM with progressing the commission in a satisfactory and expedient manner.
During the project, THE-OOP.COM may require the Client to provide content such as text, images, movies and sound files.
5. Failure to provide required content:
THE-OOP.COM is a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your advertisements because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within ten (10) days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
6. Payment
Invoices will be provided by THE-OOP.COM in advance unless agreed otherwise. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt unless otherwise specified. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse THE-OOP.COM for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Any additional expenses will be agreed with the Client before purchase.
8. Facebook Terms & Conditions
THE-OOP.COM must adhere to the content and advertising terms & conditions as set by Facebook, Instagram and other ads platforms. We are not liable in case of publishing delays as a results of third party platform malfunctions or delays.
9. Default
Accounts unpaid thirty (30) days after the due date of invoice will be considered in default. If the Client in default maintains any information or files on THE-OOP.COM’s web space, THE-OOP.COM will, at its discretion, remove all such material from its web space. THE-OOP.COM is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay THE-OOP.COM reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by THE-OOP.COM in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in a written notice by email to ellie@the-oop.com at least seven (7) days prior to the next calendar month, and will be effective as of the next calendar month from receipt of such notice. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All THE-OOP.COM services may be used for lawful purposes only. You agree to indemnify and hold THE-OOP.COM harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants THE-OOP.COM the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting THE-OOP.COM permission and rights for use of the same and agrees to indemnify and hold harmless THE-OOP.COM from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for ads design and/or placement shall be regarded as a guarantee by the Client to THE-OOP.COM that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text, images and other assets will be provided by the Client in a suitable electronic format. Although every reasonable attempt shall be made by THE-OOP.COM to return to the Client any images or printed material provided for use in creation of the Client’s content, such return cannot be guaranteed.
14. Design Credit
The Client agrees that the content developed for the Client and related data may be presented in THE-OOP.COM’s portfolio.
15. Post-Placement Alterations
THE-OOP.COM cannot accept responsibility for any alterations caused by a third party occurring to the Client’s advertisements once released. Such alterations include, but are not limited to additions, modifications or deletions.
16. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
17. Governing Law
This Agreement shall be governed by Australian Law.
18. Liability
THE-OOP.COM hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the advertisements;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of THE-OOP.COM to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
19. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
