Disclaimer

All information, services, products and software provided on this web site are provided “as is” without warranty of any kind, either express or implied.

Any use of this information is at the user’s risk. SLAM Strategy does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information.

This publication and features described herein are subject to change without notice.

 

  1. The Service

These Terms & Conditions govern your use of SLAM Strategy (the “Service”), an Internet strategy setup and subscription service operated by SLAM Marketing Pty Ltd, that provides users with access to the Website’s Internet Strategy services and/or Search Engine Marketing services, Google AdWords, (SEO) Search Engine Optimisation, social media, website design, website development. SLAM Strategies services are provided to you by SLAM Marketing PTY LTD on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use SLAM Strategy for other purposes, directly or indirectly, by you or by a third party is prohibited.

1.1 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The service consists of Internet Strategy services such as search marketing services/search engine optimisation, social media, website design and layout. 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 SLAM Strategy 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 published on the www.slamstrategy.com.au site, your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by SLAM Strategy 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.

 

  1. Disclaimer of Warranties

2.1 You expressly agree that entering or using SLAM Strategy 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 SLAM Strategy is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.

2.2 SLAM Strategy makes no warranty that SLAM Strategy will meet your requirements, or that SLAM Strategy will be uninterrupted, timely, secure, or error free; SLAM Strategy makes no representations as to the suitability of the information available on or through SLAM Strategy, 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 SLAM Strategy makes no warranty that an Internet Strategy including Search Engine Marketing or Search Engine Optimisation, Social Media or any other related campaign or service will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.

2.4 SLAM Strategy makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design or Website Development campaign will lead to any clicks to your business or other information.

2.5 SLAM Strategy makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design or Website Development campaign will lead to consistent exposure of your business or your keywords 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 SLAM Strategy makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design or Website Development campaign will lead to any enquiries, emails, phone calls or sales leads of any kind.

2.7 The information available on or through SLAM Strategy user amended sites is not reviewed, controlled or examined by SLAM Strategy in any way before it appears on SLAM Strategy.

2.8 SLAM Strategy does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites 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).

2.9 SLAM Strategy does not warrant or guarantee: that any information available on or through SLAM Strategy will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminative or destructive properties; that the information available on or through SLAM Strategy will not contain adult-oriented material, or material which some individuals may deem objectionable; or that the functions or services performed by or through SLAM Strategy will be uninterrupted or error-free, or that defects in SLAM Strategy 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.

 

  1. Search Engine Optimisation Indemnity Clause

3.1 SLAM Strategy guarantees some keywords will rank on page one by contract end date for 6 month time based on a set list of factors, the website agreed upon and the keyword list agreed upon during initial consultation. The following actions, if taken by the client while under contract, will result in a void of these guarantees (but not of the client¡¦s obligations under the contract):

  • Change of domain and/or website after contract start date
  • Change of desired keywords after contract start date
  • Removal of SEO content added by SLAM Strategy without express consent of SLAM Strategy
  • Any changes made by client to their website that result in penalties from Google (i.e. black hat SEO techniques which negatively affect rankings)
  • If site is not live/goes down for more than 4 weeks at any point after contract start date
  • Where client(s) input is required for completion of initial setup, any delay on the client’s part which results in setup taking longer than the initial 4 weeks before monthly contract payments commence
  • More than 8 weeks without any form of correspondence to SLAM Strategy where client input is required
  • Any action or refusal to accept SLAM Strategy methods of performing SEO which result in delay of the application of SEO methods
  • Any client wishing to cancel his/her contract may do so after paying out the remaining months of their contract in full.
  1. Google AdWords Clause

4.1 All Google AdWords campaigns are the intellectual property of SLAM Strategy and the client by signing this agreement agrees to have access only to any campaigns that are set up on their behalf. At the termination of this agreement the client will no longer have access to any campaigns that have been set up by SLAM Strategy.

4.2 As a Google AdWords Certified Partner we are required by Google to make you aware of their Disclosure notice. If you would like to review Googles disclosure notice you can find it on our website www.slamstrategy.com.au next to our terms and conditions and privacy statement.

Or you can follow this link https://support.google.com/adwordspolicy/answer/152979?hl=en&rd=1

  1. Cancellations Policy

5.1 Any client can terminate at any time, for any reason within the first 30 days from signing up, and we will fully refund the remainder of any advertising spend only (refund excludes the cost of our services). After the first 30 days you agree to enter into a month to month notice agreement. This month to month notice agreement requires you to give us 1 month or 30 days (whichever is greater) notice before stopping any further payments. If you are on the month to month agreement and you decide to cancel after your next payment is due, you agree to make another payment as you have entered into the next 1 month notice agreement period.

5.2 Any refunds must be approved by management and will be processed within 15 working days. A min administrative fee of $150 is charged on any remaining funds in the AdWords account that are due to be refunded to the client at the closing of the campaign.

5.3 You must notify SLAM Strategy if you do not wish to renew your subscription/monthly management before the end of the contract. SLAM Strategy will automatically renew your subscription at the end of each term and deduct the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.

5.4. SLAM Strategy 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. SLAM Strategy 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.

 

  1. 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) including any transaction fees from 3rd party services 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 SLAM Strategy or by any third party.

6.2 The setup must be paid in full to SLAM Strategy before any work on your Service will begin.

6.3 Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Any Ongoing search marketing services/search engine optimisation, social media, website design and layout fees will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy.

6.4 SLAM Strategy shall provide you with its Service’s whilst this agreement is in effect, subject to the account being on ongoing management and no outstanding monies.

6.5 If your instalment payment has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $50 will apply. If there is no payment after 90 days for an instalment, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable.

 

Social media (Twitter, Facebook, YouTube and others) Disclaimer

Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of Twitter or Facebook, other than the content provided by SLAM Strategy, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of SLAM Strategy. SLAM Strategy is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via Twitter, YouTube, Facebook or any other online form of communication.

SLAM Strategy does not warrant the accuracy, completeness or usefulness of the information available on our Social media pages. Nothing contained in or provided through these pages is intended to constitute advice or to serve as a substitute for the advice of a professional. Any reliance you place on such information is strictly at your own risk. We may include links to other web pages, but these links are not an endorsement of those pages. SLAM Strategy is not responsible for the content of any web site not operated by SLAM Strategy.

 

UNDER NO CIRCUMSTANCES WILL SLAM STRATEGY BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT COMMUNICATED ON THE SLAM STRATEGY WEBSITE OR SLAM STRATEGY TWITTER, FACEBOOK, YOUTUBE, LIVE STREAM, LINKEDIN PAGES OR ANY OTHER PAGES, WHETHER BY SLAM STRATEGY OR A THIRD PARTY. IN NO EVENT SHALL SLAM STRATEGY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE OR PERFORMANCE OF ANY INFORMATION COMMUNICATED ON THESE PAGES.

 

Social Media Client Services

  1. All communication will be in writing between The Contractor and The Client/Supplier.
  2. The Customer agrees that the service is provided “as-is” without any warranties of any kind, express or implied. Neither SLAM Strategy nor any of its officers, employees, agents, information providers, licensors, licensees, attorneys, consultants or third party contractors, make any warranty or representation whatsoever regarding the services or any aspect of its use.
  3. This agreement is subject to change. Third party costs can change from time to time out of our control and so should this happen this cost will be adjusted accordingly
  4. Social media refers to but not limited to the following (setting up and/or managing); Blogs, Facebook, LinkedIn, Social Media Planner, Social Media Strategies, Instagram, Tumblr, Pinterest, Twitter and YouTube or any other social media channel.
  5. The Contractor will set up social media on The Client/Supplier behalf, based on information given by The Client/Supplier.
  6. The Client/Supplier will not breach copyright laws, included but not limited to distribution, copy, unauthorized details, logos, templates and ideas.
  7. All services are provided within the appropriate conduct of third party providers such as but not limited to social media sites such as Facebook, Twitter, YouTube and within the Internet laws current at the time of implementation.
  8. We expressly disclaim any and all liability to any person or organisation, whether a purchaser of the materials offered or not, in respect of anything, and of the consequences of anything done or omitted to be done by any such person or organisation in reliance, whether in whole or partially, upon the whole or any part of the contents of this quotation and or the products and or services offered herein
  9. By accepting this agreement you agree to release and indemnify SLAM Strategy from and against any claims arising from reliance on the information on any products or services provided
  10. All work carries a minimum 1 hour charge
  11. The Customer must hold confidential all Services provided by SLAM Strategy and take all reasonable steps to protect the Intellectual Property of SLAM Strategy
  12. The Customer agrees to exercise due diligence in its direction to SLAM Strategy regarding the preparation of materials. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging any licenses or royalty payments.
  13. SLAM Strategy reserves the right to suspend and/ or cancel any Services including but not limited to social media services if:
  14. the Customer has any outstanding invoices.
  15. the Customer fails to comply with any provisions in this agreement or those referenced in this agreement.
  16. SLAM Strategy decides that the hosting or CMS account has been inappropriately used, including but not limited to, No adult content, No Spam, No copyright infringement.
  17. SLAM Strategy deems the Customers use of our services may jeopardize the operation of the service, be that SLAM Strategy or our suppliers
  18. Either party may terminate the project with 30 days written notice.
  19. The Customer cannot reassign its rights under any agreement with SLAM Strategy without the prior written consent of SLAM Strategy. SLAM Strategy may transfer the Customers rights to another party within 30 days written notice.
  20. The Customer will be liable for all expenses incurred by SLAM Strategy resulting from any security breach, attack and/ or error that involves, but not limited to, Customer hosting, hardware, software, network configuration and IP addresses.
  21. Production schedules, storage of files and property belonging to the Customer will be established and adhered to by both Customer and SLAM Strategy, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, fire, flood, industrial dispute or strike, crime, energy failure, equipment breakdown, force majeure. The Customer shall not hold SLAM Strategy responsible for any loss or damage resulting from the above mentioned.
  22. This agreement shall be governed by the laws of South Australia and the parties hereby submit to the exclusive jurisdiction of the SA Courts.
  23. If any provision of this agreement is agreed or held to be unenforceable, that will not affect the validity of the other provisions in this agreement.
  24. Failure of SLAM Strategy to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
  25. Upon termination all outstanding charges will become immediately payable. SLAM Strategy is entitled to invoice the customer for all Services not yet invoiced. Under no circumstances is the customer entitled to any refund.
  26. Parts of our services offer links to third party websites. These linked sites are not under our control and we are not responsible for the conduct of companies that we may link your website to and nor are we responsible for the conduct of the businesses that our website links to. If you visit one of these linked sites, we recommend you refer to their privacy policy or statement
  27. The Contractor will complete social media works as written in the quotation, typically within seven (7) working days, or whatever is agreed upon with The Client/Suppler.
  28. Social media services are designed to work with The Client/Supplier marketing plan. Social media management may include, but not limited to attaching links to website, blog and photos, which will be supplied by The Client/Supplier. The Contractor will correspond to new followers and tweeters. The Client/Supplier is responsible for social media complaint policies associated with their own business.
  29. The work will commence at an agreed time after the full amount has been paid by The Client/Supplier and the money has been received by The Contractor. The agreed start date will be discussed in writing via email.
  30. Social media services will occur automatically (auto tweets) on public holidays and correspondence will not take place until the next working day.
  31. The Client/Supplier will give The Contractor full access to all business details required, including marketing material to collaborate an offline/online presence at all reasonable times for the purpose of carrying out social media services. Should The Contractor not be given access for any reason, the work will be deemed to be done and no refund will be given, unless mutually agreed in writing between The Contractor and The Client/Supplier seven (7) days prior to the date of the proposed withdrawal of access.
  32. Any extra works performed outside the social media descriptions are subject to change at the discretion of The Contractor and or The Client/Supplier. They should only be used as a guide by The Client/Supplier. The Contractor will confirm the cost of these services on request by The Client/Supplier. Such requests and acceptance may be made in writing or verbally.
  33. All communication will be in English. The Contractor and The Client/Supplier will be deemed to have read and understood The Contractors terms and conditions and the social media application terms and conditions, such as but not limited to Facebook, LinkedIn, Twitter and YouTube. Inappropriate language, pictures and spammers will not be accepted; they will be removed immediately and reported to the appropriate authorities.
  34. The Client/Supplier will notify The Contractor in writing of any work which, in its reasonable opinion, is substantially lower than the standard that is usually provided by The Contractor. If both parties agree that the work is of a substantially lower standard then the work will be rectified by The Contractor as soon as practicable.
  35. If The Client/Supplier and The Contractor agree that the work is of a substantially lower standard than usual, The Client/Supplier will be at liberty to terminate the service by giving two (2) weeks written notice to The Contractor, provided the notice is given within one (1) week of the last occurrence of the substandard work.
  36. The Contractor will not be deemed responsible for decreases in sales, followers and/or friends. The Client/Supplier will be deemed responsible for the process of sale conversions.
  37. All work including case studies is copyright of the contractor and will not be in breach of copyright as all information has been given to The Contractor from The Client/Supplier.
  38. All accounts are to be paid in advance by The Client/Supplier via direct deposit before any works commence. Extra works requested by The Client/Supplier that are outside the scope of works agreed to in the social media service/s agreement, will require payment in full at The Contractor’s discretion to cover additional service/s costs, which will be due immediately before other services can be completed.
  39. If The Client/Supplier does not elect to continue the service or the service is terminated for any other reason, the account for the final social media service is payable on the day following the last day of service.
  40. Extra services must be agreed to in writing. If The Contractor is required to carry out a social media service after the agreed time frame, including but not limited to tweets, posts, setting up social media accounts, then The Client/Supplier will deem this as a necessary extended services and accept all extra works issued and will be due via direct deposit before extra works commence, which will be based upon an hourly day rate (TBA).
  41. The Contractor will not sell The Client/Suppliers details to a third party or disclose any privacy details of The Client/Supplier to anyone other than staff of The Contractor for the purpose of social media services for The Client/Supplier business. Details include but not limited to contact details and product information.
  42. The Contractor has the right to change the terms and conditions as required, including but not limited to privacy, pricing, services and products. It is The Client’s/Supplier’s responsibility to keep up to date by regularly reading the terms and conditions.
  43. The Client/ Supplier understands that the Contractor is not liable for any 3rd party social media applications including but not limited to Facebook, Twitter, YouTube, Pintrest.

 

External links

SLAM Strategy provides links from our website to other websites from time to time, hosted by unrelated companies that we may or may not be aware of, which we think may be of interest to you.

SLAM Strategy does not make any representation as to the accuracy or suitability of any of the information contained in those sites what so ever and does not accept any responsibility or liability for the conduct or content of those sites what so ever. Links to other sites where goods or services are advertised are not endorsements or recommended by SLAM Strategy in any way. Your use of them is at your own risk.

 

Website Design and Development

  1. Where production schedules are not met by the customer, final delivery dates will be adjusted accordingly.
  2. The customer must supply SLAM Strategy with as much direction as possible to ensure the project is completed correctly
  3. The Customer is to supply all copywriting content prior to work commencing on the project. Unless SLAM Strategy is supplying the copywriting
  4. Textual content must be supplied in its final edited form in word document. SLAM Strategy is not responsible for any spelling or grammatical errors
  5. Image content changes will incur extra costs
  6. All work carries a maximum of 2 rounds of revisions (4 hours total) prior to sign off. Revisions required after sign off are the responsibility of the Customer. The Customer agrees to pay SLAM Strategy for the additional revisions.
  7. Although SLAM Strategy will check the website prior to launch, it is the responsibility of the Customer to check and approve all aspects of the site.
  8. SLAM Strategy will endeavour to store files after the project is signed off for a period of 3 months, after which time SLAM Strategy reserves the right to discard them without notice
  9. It is the sole responsibility of the Customer to maintain backup copies of all materials, files or databases placed on the email or hosting servers managed by SLAM Strategy. At no time shale SLAM Strategy assume liability for lost Customer content.
  10. SLAM Strategy’s hosting partners endeavour to provide continuous uninterrupted service at all times; however the service is provided to the customer is not fault free and relies on factors outside of the control of SLAM Strategy. SLAM Strategy is not responsible or liable for anything related to any down time or outages in relation to this service.
  11. It is the sole responsibility of the Customer to check terms of Service including but not limited to software and hosting supplied by SLAM Strategy
  12. The Customer must hold confidential all Services provided by SLAM Strategy and take all reasonable steps to protect the Intellectual Property of SLAM Strategy
  13. Upon final payment the Customer has full ownership of the website and all artwork produced but does not include working files from but not limited to Indesign, Photoshop etc.
  14. The Customer agrees to exercise due diligence in its direction to SLAM Strategy regarding the preparation of materials. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging any licences or royalty payments.
  15. SLAM Strategy reserves the rights to distribute and publish all work created as it see’s fit.
  16. SLAM Strategy reserves the right to add or withdraw credits to all work created.
  17. SLAM Strategy reserves the right to suspend and/ or cancel any Services including but not limited to User accounts, SLL, email account, web hosting and or domain registration, if:
    1. the Customer has any outstanding invoices.
    2. the Customer fails to comply with any provisions in this agreement or those referenced in this agreement.
    3. SLAM Strategy decides that the hosting or CMS account has been inappropriately used, including but not limited to, No adult content, No Spam, No copyright infringement.
    4. SLAM Strategy deems the Customers use of our services may jeopardize the operation of the service, be that SLAM Strategy or our suppliers
  18. Either party may terminate the project with 30 days written notice.
  19. The Customer cannot reassign its rights under any agreement with SLAM Strategy without the prior written consent of SLAM Strategy. SLAM Strategy may transfer the Customers rights to another party within 30 days written notice.
  20. The Customer will be liable for all expenses incurred by SLAM Strategy resulting from any security breach, attack and/ or error that involves, but not limited to, Customer hosting, hardware, software, network configuration and IP addresses.
  21. Production schedules, storage of files and property belonging to the Customer will be established and adhered to by both Customer and SLAM Strategy, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, fire, flood, industrial dispute or strike, crime, energy failure, equipment breakdown, force majeure. The Customer shall not hold SLAM Strategy responsible for any loss or damage resulting from the above mentioned.

 

This agreement is to be governed by the laws of the State of South Australia and the parties hereby submit to the jurisdiction of the courts and Tribunals of South Australia and of the courts hearing appeals from those courts and Tribunals.