Terms & Conditions

Social Town A.C.N.159 907 507 (we, us, our or Social Town).

Recitals

Social Town is in the business of providing social media services.

Social Town provides a variety of different products, packages and services as described on the website www.socialtown.com.au

By placing an Order, the Client has requested that Social Town provide it with the Service.

Social Town has agreed to provide the Client with the Service in accordance with the terms and conditions contained in this agreement.

Definitions

In these terms and conditions, the following definitions apply unless otherwise stated:

Client means the individual, company or business entity who purchases the Services from the Company and whose details are set out in the Order.

Order means the order placed by the Client by the Client selecting a product, package or service through the website www.socialtown.com.au

Service means the services Social Town will provide to the Client as specified in the Order and as revised on the Social Town website from time to time.

Social Town means Social Town Pty Ltd A.C.N. 159 907 507 of 575 St Kilda Road, Melbourne in the State of Victoria.

Agreement

This Agreement consists of:

  • the terms and conditions contained in this agreement; and
  • any Order (Agreement).

Appointment

You agree that you have read and understood this Agreement and you agree to appoint Social Town to carry out the Services in accordance with the terms of this Agreement.

Provision of the Services

Social Town offers the Client the Services subject to the terms and conditions contained in the Agreement.

The terms contained in this Agreement supersede and replace all prior terms, conditions, proposals or other communication exchanged by the parties, written or verbal.

Duration and termination of Agreement

This Agreement will be ongoing until the end of the agreed subscription as identified in the Order (Termination Date).

In the event that either party seeks to terminate the Agreement prior to the Termination Date, it must give written notice to the other party. It is at the sole and absolute discretion of Social Town as to whether or not the Agreement can be terminated before the Termination Date.

Acceptance of terms

The Client is deemed to have accepted the terms of this Agreement:

  • by ticking/marking/checking the box in the sign up form on the Social Town website;
  • by signing this Agreement;
  • by engaging in any conduct, which may indicate that the Client agrees to be bound by the terms of this Agreement; or
  • if applicable, by agreeing to the terms as required below (via ‘click-wrap’ agreement).

Payment for the Services

In consideration of Social Town providing the Services to the Client, the Client agrees to:

  • pay the amounts specified in the Order;
  • pay all invoices issued to it by Social Town; and
  • fulfil any other obligations contained in this Agreement.

The amounts payable under this Agreement in respect of the Services are inclusive of GST.

Payment Terms

The Client must pay all invoices issued by Social Town in relation to the Services as follows:

Set-up fee

If applicable, the set-up fee must be paid within seven (7) days of the date of the invoice.

Monthly subscription services.

All services that are subject to a monthly subscription will be invoiced at the start of each month for the following month and are to be paid within 14 days of the date of the invoice.

Advertising

All advertising budgets purchased through the Social Town website include a 20% fee unless otherwise specified.

e.g. $100 advertising budget = $80 worth of advertising + $20 management fee.

Payment Methods

All payments made by you under this Agreement must be paid to us via direct credit card or debit card and via a direct debit.

Whilst Social Town will use reasonable endeavours to ensure the security of any payment system used, it cannot guarantee that the system will not be breached. The client agrees to indemnify and hold harmless Social Town and its officers, agents and employees from and against all liability arising out of a breach of the security of any payment system used.

Variation to scope of Services

If for any reason whatsoever, the scope of the Services to be provided varies significantly from the services specified in the Order, Social Town will contact you to discuss such variation. This may result in additional charges being payable by the Client. In order for the additional Services to be performed, the Client will be required to agree to accept such variations in writing, or in some cases a new or additional Order.

By agreeing to Social Town carrying out additional Services, the Client is also agreeing to pay any additional charges that may apply in accordance with the payment terms specified by Social Town.

Non-payment for the Services

If the Client fails to pay any invoice issued by Social Town in accordance within our payment terms as outlined in clauses 7, 8 and 9 of this Agreement, Social Town will be entitled to take the following action:

  • Amounts over 30 days will attract a late payment fee of 5% of the outstanding invoice for each month that the invoice remains outstanding;
  • Amounts over 60 days will result in immediate suspension of the Services; and
  • Amounts over 90 days will be referred to a debt collector to recover:
    1. the outstanding invoice;
    2. the late payment fee; and
    3. any other fee associated with the outstanding invoice including legal fees on an indemnity basis.

Confidentiality

All information that the Client provides to Social Town for the purpose of Social Town providing the Services to the Client will be held in confidence (Client’s Confidential Information). Social Town will not disclose the Client’s Confidential Information to any third party, except:

  • to the extent the Client consents in writing;
  • to the extent necessary to obtain legal advice;
  • to the extent necessary to comply with legal obligations; or
  • if the Confidential Information is already in the public domain.

The Client may be provided with access to, or come into possession of information concerning Social Town, which may contain trade secrets, proprietary data or other confidential information or sensitive material about Social Media, its officers, agents and employees (Social Town’s Confidential Information). By agreeing to the terms of this Agreement, the Client agrees to not disclose any of Social Town’s Confidential Information. Without limitation, Social Town’s Confidential Information includes information relating to Social Media’s systems, business contacts, procedures, policies and company manuals. This clause will survive termination of the Agreement..

The Client’s obligations

The Client warrants that:

  • it has read, fully understands and agrees to be bound by the terms of the Agreement;

It will comply with all applicable rules, regulations, codes of practice and laws relating to its use of the Services, and hereby agrees to indemnity Social Town and its officers, agents and employees from and against all actions, claims, suits, proceedings, demands, damages, liabilities, costs or expenses brought against Social Town by any third party in connection with any breach of the same by the Client.

  • the use of any material that it provide Social Town with will not infringe upon the intellectual property rights of any third party, and hereby agrees to indemnity Social Town and its officers, agents and employees from and against all actions, claims, suits, proceedings, demands, damages, liabilities, costs or expenses brought against Social Town by any third party in connection with any infringement of any intellectual property rights of any third party
  • it will respond to any requests for information or assistance in a timely fashion; and
  • it will pay all fees for the Services in accordance with the agreed payment terms as outlined in clauses 7, 8 and 9 of this Agreement.

The Client acknowledges that Social Town enters into the Agreement in reliance on the Warranties provided above.

Social Town’s obligations

Social Town will:

  • provide the Services to the Client in a professional and diligent manner. and
  • treat all information relating to the Client as confidential information.

However, Social Town does not warrant that it will achieve a specific result or that the Client will achieve a specific level of increased business;

Limitation of liability

To the extent permitted by law, Social Town’s liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at Social Town option, to one or more of the following:

  • the resupply of the Services; or
  • the payment made by the Client under the Agreement

Indemnity

To the fullest extent permitted by applicable laws, the Client agrees to indemnify Social Town and its officers, agents and employees from and against all actions, claims, suits, proceedings, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to the Services.

Amendment of terms

From time to time, it may be necessary for Social Town to revise and amend the terms of this Agreement. Social Town may notify the Client about changes to this Agreement by posting an updated version of the Agreement on its website. The Client agrees to be bound by such changes, modification or revisions as made by Social Town from time to time.

Ongoing communications

By entering in to this Agreement, the Client agrees to receive electronic commercial messages from Social Town or its related entities until such time that the Client communicates its desire to opt out of such communications by emailing sales@socialtown.com.au

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a Court, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

Jurisdictions and Applicable Law

This Agreement is to be governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties to this Agreement irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning this Agreement. This clause will survive termination of the Agreement.

Contacting us

Enquiries relating to this Agreement should be emailed to sales@socialtown.com.au.