Terms and Conditions
Updated 1.7.2024
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of digital marketing services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 The services provided under this Agreement may include, but are not limited to:
– Pay-Per-Click (PPC) Advertising
– Social Media Management and Advertising
– Content Creation and Marketing
– Email Marketing
– Search Engine Optimisation (SEO)
– Online Reputation Management
– Website Analytics and Reporting
2.2 We will perform the services with reasonable skill and care, consistent with industry standards.
3. Client Responsibilities
3.1 You agree to provide all necessary access, materials, and information required for us to perform the services, including but not limited to website access, social media account credentials, and any relevant content or branding guidelines.
3.2 You acknowledge that the success of digital marketing services is dependent on a variety of factors beyond our control, including but not limited to market conditions, changes in search engine algorithms, advertising platforms, and user behaviour. This means that despite our best efforts, the outcomes of the services may vary, and certain factors affecting the success of the marketing efforts may be outside our influence or control.
3.3 You are responsible for the accuracy and legality of any content provided to us for use in digital marketing campaigns.
4. Performance, Results, and Expectations
4.1 While we strive to deliver the best possible outcomes and will use our best efforts in performing digital marketing services, you acknowledge and agree that we do not guarantee specific results. This includes, but is not limited to, increased website traffic, search engine rankings, social media engagement, sales, revenue, business profits, or any other financial outcomes.
4.2 The nature of digital marketing is inherently uncertain and subject to various factors that are beyond our control, including but not limited to changes in technology, market conditions, consumer behaviour, and the actions of third-party platforms (such as search engines and social media networks). This means that we cannot predict or ensure that certain levels of success or specific outcomes will be achieved as these factors may change without notice and impact the effectiveness of the marketing strategy.
4.3 You understand and agree that any statements, representations, or projections regarding potential outcomes or results from our digital marketing services are estimates and should not be considered as guaranteed results.
4.4 Any performance reports provided by us are for informational purposes only and do not guarantee future performance. These reports are intended to give you insights into the effectiveness of your digital marketing campaigns, but they do not constitute a promise of future success.
5. Service Availability and Interruptions
5.1 We shall use commercially reasonable efforts to ensure the continuous availability of digital marketing services. However, we disclaim any liability for interruptions caused by technical issues, third-party services, or other factors beyond our control.
6. Fees and Payment
6.1 You agree to pay the fees for the digital marketing services as specified in the proposal or contract. All fees are non-refundable unless otherwise stated.
6.2 Payments are due within the timeframe specified in the invoice. Late payments may result in suspension or termination of services.
6.3 We reserve the right to adjust our fees for digital marketing services with reasonable notice.
7. Confidentiality
7.1 Both parties agree to maintain the confidentiality of any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
7.2 The obligations of confidentiality shall survive the termination of this Agreement.
8. Intellectual Property
8.1 All intellectual property rights in the materials, strategies, and deliverables we create for you as part of the digital marketing services remain our property until full payment is received.
8.2 Upon full payment, you are granted a non-exclusive, non-transferable license to use the deliverables for your own business purposes.
8.3 You warrant that you have the necessary rights to any content you provide to us and that our use of such content will not infringe the intellectual property rights of any third party.
9. Limitation of Liability
9.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you for the services in the preceding 3 months.
9.2 We shall not be liable, whether in contract, tort (including negligence), or otherwise, for any direct, indirect, incidental, special, or consequential losses or damages, including but not limited to loss of data, loss of profits, loss of business opportunities, business interruption, or any other financial loss, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether arising from breach of contract, tort (including negligence), strict liability, or any other legal or equitable theory.
9.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your violation of any third-party rights.
10. Contractors
10.1 We reserve the right to engage subcontractors or independent contractors to perform any part of the services under this Agreement. We will remain responsible for the quality of work delivered by such contractors.
11. Indemnity
11.1 You agree to fully indemnify, defend, and hold harmless Spring Media Group Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the services, your breach of this Agreement, or your infringement of any third-party rights.
12. Termination
12.1 Either party may terminate this Agreement by providing 30 days’ written notice to the other party.
12.2 We reserve the right to terminate this Agreement immediately if you breach any provision of this Agreement or fail to make timely payments.
12.3 Upon termination, all outstanding fees for services rendered shall become immediately due and payable.
13. Dispute Resolution
13.1 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation. If mediation fails, either party may commence legal proceedings.
13.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
14. Governing Law
14.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any disputes arising out of or in connection with this Agreement.
15. Amendments
15.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued use of the services after any such amendments constitutes your acceptance of the revised terms.
Updated: 1.7.24
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of website development services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 Our website development services include, but are not limited to:
– Custom website design and development
– E-commerce website development
– Integration with third-party services or APIs
– Content Management System (CMS) setup and customisation
– User Experience (UX) and User Interface (UI) design
– Performance optimisation
– Website testing and quality assurance
– Launch and deployment assistance
– Training for website management (if specified in the project scope)
2.2 The specific scope of work, including the number of design revisions, development milestones, and deliverables, will be outlined in the proposal or contract.
2.3 Any features or functionalities beyond the agreed-upon scope may be subject to additional costs.
3. Client Responsibilities
3.1 You agree to provide all necessary materials and information required for us to complete the website development, including but not limited to:
– Branding guidelines, logos, and other brand assets
– Website content (text, images, videos)
– Access to existing website platforms (if applicable)
– Details of third-party integrations or services to be incorporated
3.2 You acknowledge that delays in providing required materials, approvals, or feedback may result in project timeline extensions.
3.3 You are responsible for ensuring that any content you provide does not infringe on the intellectual property rights of any third party and that it complies with all relevant laws and regulations.
3.4 If you require specific legal compliance (e.g., GDPR, Australian Consumer Law), you must inform us prior to development. Compliance with such regulations remains your responsibility.
4. Project Timelines and Approvals
4.1 We will use reasonable efforts to adhere to the estimated project timelines outlined in the proposal. However, unforeseen circumstances or delays caused by you may impact delivery times.
4.2 We will provide development updates and request feedback at key milestones. You agree to provide timely approvals or revision requests. Delayed approvals may result in additional charges if they affect project deadlines.
4.3 Once final approval is given, the website will be considered complete. Any post-approval changes will be treated as new work and billed accordingly.
5. Revisions and Changes
5.1 The project includes a specified number of design and development revisions as outlined in the proposal. Additional revisions beyond this will incur extra costs.
5.2 Major changes to project scope after the commencement of development may require a revised proposal and additional costs.
5.3 Once the website is launched, any additional modifications, maintenance, or support requests will be billed separately unless covered under an active support plan.
6. Payment Terms
6.1 You agree to pay the fees for website development as specified in the proposal or contract.
6.2 Payment is typically structured as follows:
– 50% upfront deposit before commencement of work
– 50% upon project completion and launch
(or as otherwise agreed in writing)
6.3 All invoices must be paid within the timeframe specified in the invoice. Late payments may result in project delays or suspension of work.
6.4 The deposit is non-refundable once work has commenced.
7. Website Launch and Hosting
7.1 Upon completion, we will provide you with a final version of the website for review before launch. Once approval is received, we will proceed with deployment.
7.2 We can assist with launching the website on your hosting provider, but you are responsible for any associated hosting fees or domain costs.
7.3 If you opt for our web hosting services, the separate Web Hosting Terms and Conditions apply.
7.4 We are not responsible for third-party hosting downtime, security issues, or server-related failures.
8. Post-Launch Support
8.1 A 30-day post-launch support period is included in your website development package, covering minor bug fixes and technical issues related to the original scope of work.
8.2 Post-launch support does not include additional feature requests, major design changes, or third-party system issues. Any requests beyond the support period will be billed at our standard rates.
8.3 If you require ongoing support and maintenance, we recommend subscribing to one of our Web Care Plans, which are subject to separate terms and conditions.
9. Website Ownership and Intellectual Property
9.1 Upon full payment, ownership of the final website design, development, and assets will be transferred to you.
9.2 We retain the right to display the completed project in our portfolio and marketing materials unless otherwise agreed in writing.
9.3 Any third-party software, plugins, or licensed assets used in the project remain the property of their respective owners and are subject to their own licensing terms.
9.4 You acknowledge and agree that any third-party software, plugins, fonts, stock images, API integrations, or other licensed assets required for the project must be purchased at your expense. You will be responsible for maintaining valid licences for their use. We are not liable for any costs, renewals, or compliance obligations associated with third-party products used within your website.
10. Project Abandonment and Delays
10.1 As part of our scope of work, we will provide an estimated timeframe for project completion. However, timely progress depends on your responsiveness, approvals, and provision of necessary materials. If we encounter significant delays due to lack of instructions, unresponsiveness, or requests to pause work, this may impact the timeline and incur additional costs.
10.2 If we are unable to contact you for instructions, or if you fail to provide the required materials or approvals for a period exceeding 21 days, we reserve the right to classify the project as abandoned. In such a case, we may terminate our agreement by giving you written notice.
10.3 If the project is terminated due to abandonment, you acknowledge and agree that the following fees will be payable:
– If the project is less than 25% complete, you must pay 50% of the total project fee.
– If the project is between 25% and 50% complete, you must pay 75% of the total project fee.
– If the project is between 75% and 100% complete, you must pay 100% of the total project fee.
10.4 If you wish to resume an abandoned project after termination, we may, at our discretion, agree to reinstate the project. However, this will be subject to a new project timeline and additional fees, which will be determined based on the extent of work required to resume development.
10. Security and Liability
10.1 We implement industry-standard security measures and best practices during the development of your website to help mitigate common threats. However, due to the evolving nature of cybersecurity risks, we do not guarantee absolute protection against hacking, malware, data breaches, or other security incidents.
10.2 It is your sole responsibility to ensure that your website remains secure post-launch. This includes
– installing and maintaining SSL certificates for encrypted connections
– configuring and managing firewalls, security plugins, and anti-malware tools
– applying regular updates to the website’s core platform, themes, and plugins
– conducting periodic security audits and implementing additional protections as needed
– managing user access and authentication to prevent unauthorised logins.
10.3 We shall not be liable for
– any unauthorised access, data loss, or security breaches that occur after the website has been delivered
– any malfunctions, downtime, or data corruption resulting from third-party software, hosting provider vulnerabilities, or client misconfigurations
– any financial losses, reputational damage, or legal consequences arising from security incidents affecting your website.
If security and ongoing protection are a priority, we strongly recommend subscribing to a Web Care Plan, which includes monitoring, updates, and support. Unless explicitly covered under a Web Care Plan, we assume no responsibility for maintaining or repairing security-related issues post-launch.
11. Limitation of Liability
11.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you for the website development services in the preceding 3 months.
11.2 We shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of profits, loss of business opportunities, business interruption, or reputational harm.
11.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the website, your breach of this Agreement, or your violation of any third-party rights.
12. Confidentiality
12.1 Both parties agree to maintain the confidentiality of any proprietary information shared during the project. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
12.2 The obligations of confidentiality shall survive the termination of this Agreement.
13. Termination
13.1 Either party may terminate this Agreement with 30 days’ written notice.
13.2 If you terminate the agreement after work has commenced, you are responsible for all work completed up to the date of termination, including unpaid invoices.
13.3 If we terminate the agreement due to non-payment or breach of contract, we may suspend work and withhold website files or access until outstanding amounts are paid.
14. Dispute Resolution
14.1 Any disputes arising from this Agreement shall first be attempted to be resolved through good faith negotiations. If unresolved within 30 days, either party may seek mediation. If mediation fails, legal proceedings may commence.
14.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
15. Governing Law
15.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
16. Amendments
16.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued engagement with our services constitutes acceptance of the revised terms.
Updated 1.7.2024
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of web hosting and technology care services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 We shall provide web hosting services on a shared hosting platform. You acknowledge that your website will be hosted on a server shared with other clients.
2.2 While we shall use reasonable endeavours to maintain uninterrupted access to your website, you agree that we do not guarantee such access and that temporary interruptions may occur due to factors including, but not limited to, maintenance, network failures, or external threats.
3. Client Responsibilities
3.1 You shall be solely responsible for the security, management, and operation of your website, including, but not limited to, updating software, maintaining secure passwords, and ensuring the integrity of your data.
3.2 You are solely responsible for maintaining independent backups of your website and related data. Any backup services provided by us are offered on an “as-is” basis without any warranty, express or implied.
3.3 You agree to provide all necessary assistance, information, and cooperation reasonably required by us to perform the services under this Agreement. Failure to do so may result in a suspension of services without liability to us.
4. Backups
4.1 Although we may provide automated backup services, you acknowledge that it is your sole responsibility to ensure that backups are up-to-date and available. We disclaim any and all liability for any loss or damage resulting from the failure of backup services.
4.2 In the event of data loss, we may, at our sole discretion, attempt to restore data from available backups. However, we do not warrant or guarantee the availability, completeness, or accuracy of such backups.
5. Service Availability and Interruptions
5.1 We shall use commercially reasonable efforts to achieve a target uptime of 99.9%. However, you acknowledge that due to the shared nature of the hosting environment, such uptime is not guaranteed, and we disclaim any liability for any downtime or interruptions in service.
5.2 We shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with any downtime, interruption, or unavailability of services, except to the extent that such liability cannot be excluded by law.
5.3 We reserve the right to perform scheduled maintenance on the hosting environment, which may result in temporary service interruptions. We will endeavour to provide reasonable notice of such maintenance, but shall not be liable for any consequences arising therefrom.
6. Security
6.1 We implement reasonable security measures to protect your website. However, we do not guarantee absolute security and shall not be held liable for any security breaches, data breaches, or data loss affecting your website.
6.2 You acknowledge that it is your sole responsibility to implement and maintain appropriate security measures on your website, including but not limited to firewalls, SSL certificates, and regular security audits. We shall not be liable for any breaches, unauthorised access, data breaches, data loss, or other security incidents involving your website.
7. Limitation of Liability
7.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the resupply of the services or a refund of the fees paid by you for the services in the preceding 12 months, at our sole discretion.
7.2 Under no circumstances shall we be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of profits, loss of business opportunities, or business interruption, even if we have been advised of the possibility of such damages.
7.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your violation of any third-party rights.
8. Indemnity
8.1 You agree to fully indemnify, defend, and hold harmless Spring Media Group Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the services, your breach of this Agreement, or your infringement of any third-party rights.
9. Suspension and Termination
9.1 We reserve the right to suspend or terminate your access to the services at our sole discretion, with or without notice, if you breach any provision of this Agreement, if we are required to do so by law, or if we determine that such action is necessary to protect our interests or the interests of other clients.
9.2 Upon termination of services, it is your responsibility to ensure that you have backup copies of your website and data. We shall not be liable for any data loss or other damages resulting from the termination of services.
10. Confidentiality
10.1 Both parties agree to maintain the confidentiality of any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
10.2 The obligations of confidentiality shall survive the termination of this Agreement.
11. Dispute Resolution
11.1 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation. If mediation fails, either party may commence legal proceedings.
11.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
12. Governing Law
12.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any disputes arising out of or in connection with this Agreement.
13. Amendments
13.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued use of the services after any such amendments constitutes your acceptance of the revised terms.
Updated: 1.7.24
1. Introduction
1.1 These Terms and Conditions (“Agreement”) govern the provision of web and technology care services by Spring Media Group Pty Ltd (“we,” “us,” “our”) to the client (“you,” “your”). By engaging our services, you acknowledge and agree to be bound by this Agreement.
1.2 Superseding Clause: In the event of any conflict or inconsistency between these Terms and Conditions and any direct contract or agreement executed between the parties, the terms of the direct contract or agreement shall prevail.
2. Service Description
2.1 The services provided under this Agreement are those outlined in your selected Web and Technology Care Plan. Specific service descriptions and terms will apply only to the services included in your package.
2.2 Web Hosting: If web hosting has been selected as part of your plan, our separate Web Hosting Terms and Conditions will apply to that service. Please refer to those terms for specific details related to web hosting services.
3. Client Responsibilities
3.1 While we provide web and technology care services to maintain and support your website, you acknowledge that the ultimate responsibility for the security, management, and operation of your website lies with you. This includes, but is not limited to, updating software, maintaining secure passwords, and ensuring the integrity of your data.
3.2 You are responsible for maintaining independent backups of your website and related data. Any backup services provided by us are offered on an “as-is” basis without any warranty, express or implied.
3.3 You agree to provide all necessary assistance, information, and cooperation reasonably required by us to perform the services under this Agreement. Failure to do so may result in a suspension of services without liability to us.
4. Service Descriptions
The following services are provided under your selected Web and Technology Care Plan, and only apply if they are included in your package:
4.1 Weekly Secure Backups: We shall perform secure backups of your website on a weekly basis. However, you are solely responsible for maintaining your own independent backups, and we disclaim any liability for any loss or damage resulting from the failure of backup services.
4.2 Periodic Core Updates: We will periodically update the core software of your website to ensure it remains up-to-date with the latest security patches and features. However, you acknowledge that updates may occasionally cause compatibility issues, and we are not liable for any disruptions resulting from such updates.
4.3 Periodic Theme and Plugin Updates: We will update your website’s themes and plugins periodically. If a theme or plugin becomes unsupported by its developer, updates may become less frequent. In such cases, alternative solutions or rebuilds may be required at your expense. While we strive to ensure compatibility, you acknowledge that updates may cause issues, and we are not responsible for any disruptions or malfunctions that may occur.
4.4 Uptime Monitoring: We will monitor your website’s uptime and take reasonable steps to ensure it remains accessible. However, we do not guarantee uninterrupted access and shall not be held liable for any downtime.
4.5 Broken Link Monitoring: We will monitor your website for broken links and either take reasonable steps to fix them or alert you to the issue. However, we are not responsible for any broken links that occur outside our monitoring periods or due to external factors.
4.6 Monthly Activity Reports: We shall provide you with detailed Monthly Activity Reports outlining the maintenance tasks performed, updates applied, and any issues addressed during the reporting period.
4.7 Broken Site Fixes: We will take reasonable steps to address and fix any issues that cause your website to malfunction. You acknowledge that some issues may require additional time or resources to resolve, and we may charge additional fees for out-of-scope work.
4.8 Basic Security Cover: We will implement basic security measures to protect your website from common threats. However, we do not guarantee absolute security, and you acknowledge that you are responsible for implementing and maintaining additional security measures as necessary.
4.9 10% off ad hoc Development: You are entitled to a 10% discount on any ad hoc development services you request. This discount applies only to development services outside the scope of the Web and Technology Care Plans and is subject to availability and scheduling.
5. Service Availability and Interruptions
5.1 We shall use commercially reasonable efforts to achieve a target uptime of 99.9%. However, we disclaim any liability for any downtime or interruptions in service.
5.2 We shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with any downtime, interruption, or unavailability of services, except to the extent that such liability cannot be excluded by law.
5.3 We reserve the right to perform scheduled maintenance on the hosting environment, which may result in temporary service interruptions. We will endeavour to provide reasonable notice of such maintenance, but shall not be liable for any consequences arising therefrom.
6. Security
6.1 We implement reasonable security measures to protect your website. However, we do not guarantee absolute security and shall not be held liable for any security breaches, data breaches, or data loss affecting your website.
6.2 You acknowledge that it is your sole responsibility to implement and maintain appropriate security measures on your website, including but not limited to firewalls, SSL certificates, and regular security audits. We shall not be liable for any breaches, unauthorised access, data breaches, data loss, or other security incidents involving your website.
7. Limitation of Liability
7.1 To the fullest extent permitted by law, our liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the resupply of the services or a refund of the fees paid by you for the services in the preceding 3 months, at our sole discretion.
7.2 Under no circumstances shall we be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of profits, loss of business opportunities, or business interruption, even if we have been advised of the possibility of such damages.
7.3 You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your violation of any third-party rights.
8. Indemnity
8.1 You agree to fully indemnify, defend, and hold harmless Spring Media Group Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the services, your breach of this Agreement, or your infringement of any third-party rights.
9. Suspension and Termination
9.1 We reserve the right to suspend or terminate your access to the services at our sole discretion, with or without notice, if you breach any provision of this Agreement, if we are required to do so by law, or if we determine that such action is necessary to protect our interests or the interests of other clients.
9.2 Upon termination of services, it is your responsibility to ensure that you have backup copies of your website and data. We shall not be liable for any data loss or other damages resulting from the termination of services.
10. Confidentiality
10.1 Both parties agree to maintain the confidentiality of any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
10.2 The obligations of confidentiality shall survive the termination of this Agreement.
11. Dispute Resolution
11.1 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation. If mediation fails, either party may commence legal proceedings.
11.2 This clause does not preclude either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
12. Governing Law
12.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any disputes arising out of or in connection with this Agreement.
13. Amendments
13.1 We reserve the right to amend this Agreement at any time, and such amendments shall become effective upon providing you with written notice. Continued use of the services after any such amendments constitutes your acceptance of the revised terms.
Updated: 1.7.24
1. Introduction
1.1 Spring Media Group Pty Ltd (“we,” “us,” “our”) is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and protect any information that you provide to us when you use our website.
1.2 By using our website, you agree to the collection and use of your information in accordance with this Privacy Policy.
2. Information We Collect
2.1 Personal Information: We may collect personal information that you provide to us directly, such as your name, email address, phone number, and any other details you provide when filling out forms on our website, subscribing to our newsletter, or contacting us.
2.2 Non-Personal Information: We may collect non-personal information automatically when you interact with our website. This includes your IP address, browser type, operating system, referring URLs, page views, and how you interact with the website.
2.3 Cookies: We use cookies and similar tracking technologies to enhance your experience on our website, analyse site traffic, and understand where our visitors are coming from. You can manage your cookie preferences through your browser settings.
3. How We Use Your Information
3.1 Providing Services: We use your personal information to provide the services you request, such as responding to your inquiries, sending newsletters, or fulfilling orders.
3.2 Improving Our Website: We use non-personal information to monitor and analyse usage patterns on our website, which helps us improve our website and services.
3.3 Marketing: With your consent, we may use your personal information to send you promotional emails, newsletters, and other marketing materials that may be of interest to you. You can opt out of receiving such communications at any time.
3.4 Compliance with Laws: We may use your personal information to comply with legal obligations, resolve disputes, and enforce our agreements.
4. Sharing Your Information
4.1 Third-Party Service Providers: We may share your information with trusted third-party service providers who assist us in operating our website, conducting our business, or providing services to you. These third parties are obligated to keep your information confidential and secure.
4.2 Legal Requirements: We may disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
4.3 Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.
5. Data Security
5.1 We implement appropriate technical and organisational measures to protect your personal information from unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.
6. Your Rights
6.1 Access and Correction: You have the right to access and correct any personal information we hold about you. If you would like to review, update, or delete your personal information, please contact us using the information provided below.
6.2 Opt-Out: You have the right to opt out of receiving marketing communications from us. You can do this by following the unsubscribe instructions included in our emails or by contacting us directly.
6.3 Complaints: If you believe that we have breached your privacy rights, you can contact us to discuss your concerns. You also have the right to lodge a complaint with the relevant privacy authority in your jurisdiction.
7. Third-Party Links
7.1 Our website may contain links to third-party websites. We are not responsible for the privacy practices or the content of such websites. We encourage you to review the privacy policies of any third-party websites you visit.
8. Children’s Privacy
8.1 Our website is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information from our records.
9. Changes to This Privacy Policy
9.1 We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated effective date. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
10. Contact Us
10.1 If you have any questions about this Privacy Policy or our privacy practices, please contact us at:
Spring Media Group Pty Ltd
L22, 180 George Street, Sydney, NSW, 2000
[email protected]