Terms & Conditions
1. Introduction
Welcome to SocialSmarts! These Terms of Service ("Agreement") govern your use of our services, available through our websites socialsmarts.agency and socialsmarts.ai (the "Websites"). By accessing or using our Websites or services, you ("Client" or "you") agree to be bound by this Agreement. If you disagree with any part of this Agreement, you may not access our services. This Agreement is subject to change by SocialSmarts at any time, effective upon posting on the Website, and your continued use of the Service after such posting will constitute acceptance by you of such changes.
2. Description of Services
SocialSmarts provides a range of digital marketing and creative services designed to enhance your online presence and drive business growth. These services include:
Social Media Marketing: We develop and execute comprehensive social media strategies to help you reach your target audience, build brand awareness, and achieve your marketing objectives. This includes services such as social media audits, content creation, community management, social media advertising, and performance reporting.
Social Media Management: We offer complete management of your social media channels, handling everything from account setup and optimisation to content creation, scheduling, and engagement. We also provide detailed performance tracking and analysis to ensure your social media efforts are aligned with your business goals.
AI-Powered Social Media Solutions: Through socialsmarts.ai, we leverage cutting-edge AI technology to provide innovative solutions for social media marketing and management. This includes AI-powered content generation, audience targeting, social listening, and more.
Web Design: We create visually appealing and user-friendly websites that are optimised for search engines and designed to convert visitors into customers. Our web design services include website strategy, design and development, content management system (CMS) implementation, and ongoing website maintenance.
Content Creation: We produce high-quality, engaging content that drives audience interaction and supports your marketing objectives. This includes blog posts, articles, website copy, social media content, email newsletters, and more.
Our team of experienced digital marketers and creative professionals is dedicated to providing customised solutions that meet your unique business needs and help you achieve online success. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SocialSmarts properties, shall be subject to this Agreement.
3. Account Access and Use
Account Creation: To access certain features of our services, you may be required to create an account. You must provide accurate and complete information during the registration process and keep your account information updated.
Unauthorised Access: You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorised access or use of your account. You are responsible for maintaining the security of your account and password. SocialSmarts cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements: You must be at least 18 years old to use our services. By using our services, you represent and warrant that you meet this age requirement.
Unauthorised Users: You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
4. Proprietary Rights
Ownership: SocialSmarts retains all proprietary rights in the Websites and the services. The Websites and services contain copyrighted material, trademarks, and other proprietary information of SocialSmarts and its licensors.
Restrictions: You may not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information without our prior written consent.
5. Beta Services
From time to time, SocialSmarts may offer new or experimental features ("Beta Services"). Beta Services are provided "as is" and without warranty of any kind. You acknowledge that Beta Services may be untested, non-functional, or partially functional and that your use of Beta Services is at your own risk. Beta Services may harm and/or interrupt the regular running of your software and/or hardware. Beta Services will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.
6. API Services
SocialSmarts may offer API (Application Programming Interface) services. Your use of our API services is subject to this Agreement and any additional terms and conditions specific to the API services. We reserve the right to suspend or terminate your access to the API services at any time for any reason. In order to access any API, you must use a Secret key. It's important not to share your secret key with anyone. You are responsible for all requests made with your secret key, whether you authorised them or not.
7. Fees and Payments
Subscription Fees: Our services may be offered on a subscription basis. You agree to pay the applicable subscription fees as specified on our Websites or in separate agreements.
Payment Method: You must provide a valid payment method to subscribe to our services. You authorise us to charge your chosen payment method for the subscription fees. SocialSmarts reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If SocialSmarts does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
Recurring Billing: Subscriptions may renew automatically at the end of each subscription period. You are responsible for canceling your subscription if you do not wish to renew.
Current Information Required: You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify SocialSmarts if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as unauthorised disclosure or use of your user name or password. If you fail to provide SocialSmarts any of the foregoing information, you agree that SocialSmarts may continue charging you for any use of the Service under your billing account unless you have terminated your subscription for the Service.
Disputed Credit Card Charges: SocialSmarts will terminate Client access to the Service upon learning of Client’s dispute of valid credit card charges. Service will be restored once Client reimburses SocialSmarts for the amount of chargebacks and fees.
Collection: Clients will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Client will be liable for attorneys’ fees and collection costs arising from SocialSmarts’ efforts to collect unpaid balances.
8. Content
Client Content: You retain ownership of any content you submit or upload to our Websites or services ("Client Content"). You grant SocialSmarts a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display Client Content for the purpose of providing and improving our services.
Prohibited Content: You may not submit or upload any content that is illegal, harmful, defamatory, infringing, or otherwise objectionable. We reserve the right to remove any content that violates this Agreement or that we deem inappropriate.
9. Third-Party Content
Certain content, products, and services available via the Service may include materials from third parties. In addition, SocialSmarts may provide links to certain third-party Websites. You acknowledge and agree that SocialSmarts is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because SocialSmarts has no control over such sites and resources, you acknowledge and agree that SocialSmarts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that SocialSmarts is not in any way responsible for any such use by you.
10. Disclaimers
No Warranties: Our services are provided "as is" and without warranty of any kind, express or implied. We do not warrant that our services will be uninterrupted, error-free, or secure.
No Liability: To the maximum extent permitted by law, SocialSmarts will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or the use of our services.
11. Limitation of Liability
Except where prohibited by law, SocialSmarts' total liability to you for any claim arising out of or relating to this Agreement or the use of our services will be limited to the amount of fees paid by you to SocialSmarts during the 12 months prior to the event giving rise to the liability.
12. Indemnification
You agree to indemnify and hold SocialSmarts harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to your use of our services, your violation of this Agreement, or your infringement of any third-party rights.
13. Termination
Termination by You: You may terminate this Agreement at any time by closing your account and ceasing to use our services.
Termination by Us: We may terminate this Agreement or suspend your access to our services at any time for any reason, including but not limited to your breach of this Agreement or if we discontinue our services.
Effect of Termination: Upon termination, your right to use our services will cease and you will no longer have access to your account or any Client Content.
14. 14-Day Free Trial
SocialSmarts offers a 14-day free trial to new customers, allowing you to experience the features of our Basic Plan at no cost.
Eligibility: The free trial is available to new customers only. Previous trial users are not eligible.
Features: During the free trial, you will have access to all the features included in our Basic Plan.
Opt-in for Paid Subscription: At the end of the 14-day free trial, you will be directed to an opt-in page to choose a paid subscription plan. Your free trial will not automatically convert into a paid subscription. You must explicitly opt-in to continue using our services after the trial period.
Cancellation: You can cancel your free trial at any time before opting for a paid subscription.
15. 14-Day Money-Back Guarantee
We offer a 14-day money-back guarantee on all our "Done-for-You" Social Media subscription plans and Software subscription plans.
Scope: If you're not completely satisfied with your "Done-for-You" Social Media or Software subscription plan, you can request a full refund within 14 days of signing up.
No Questions Asked: We won't ask you for a reason. If you're not happy, we're happy to provide a refund.
How to Request a Refund: Simply email us at contactus@socialsmarts.agency within 14 days of your initial subscription purchase to initiate the refund process.
Refund Processing: Once your request is received, we'll process your refund promptly. The refund will be credited back to your account within 14 business days.
16. Refund Policy
Subscriptions: All SocialSmarts subscription fees are non-refundable. Upon cancellation of a subscription, you will retain access to the service until the end of your current billing cycle. No pro-rata refunds or credits will be issued for partial subscription periods.
One-Time Services: One-time services, such as website design, blogging, and video production, are non-refundable. These services are time-based, and our team dedicates significant effort and resources to fulfilling your specific requirements.
Revisions: For one-time services, we offer 3 revisions to ensure your satisfaction. This will be specified in your project agreement. During the revision period, you can request modifications to the delivered work. We will make reasonable efforts to incorporate your feedback and ensure the final product meets the agreed-upon specifications. Once the revision period has expired or you have approved the final deliverables, no further revisions or refunds will be provided.
Exceptional Circumstances: In exceptional circumstances, such as a gross error on our part, we may consider a refund or credit on a case-by-case basis.
17. Consumer Guarantees
Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee or right that you may have under the Australian Consumer Law. These consumer guarantees ensure that our services are provided with due care and skill, are fit for their intended purpose, and are supplied within a reasonable time. If we fail to comply with a consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law.
18. No Resale or Redistribution of Service
Except as expressly authorised by SocialSmarts, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”).
19. Client Responsibility for Social Media Engagement
While our expert team will handle the day-to-day management of your social media accounts, including content creation, scheduling, and initial engagement, we believe that your unique voice and brand personality are essential for authentic connections with your audience.
Therefore, we encourage you to remain actively involved in monitoring and responding to comments and engaging with your followers. After all, you know your business best! Your personal touch in responding to questions, addressing feedback, and participating in conversations will help foster a loyal and engaged community around your brand.
This collaborative approach ensures that your social media presence reflects your distinct personality and values while benefiting from our strategic expertise and efficient management.
20. Social Media Account Disconnection
You acknowledge and agree that SocialSmarts is not responsible for any interruption or failure in the Services due to disconnection from a social media platform (e.g., Facebook, Instagram, etc.). If your social media account is disconnected, we will make reasonable efforts to assist you in reconnecting your account and restoring service, but we cannot guarantee the success of these efforts.
21. Governing Law and Dispute Resolution
This Agreement will be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of Australia.
22. Entire Agreement
This Agreement constitutes the entire agreement between you and SocialSmarts relating to the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
23. Amendments
We may update this Agreement from time to time. We will post any changes on our Websites and notify you of material changes. Your continued use of our services after the effective date of any changes constitutes your acceptance of those changes.
24. Contact Us
If you have any questions about this Agreement, please contact us at contactus@socialsmarts.agency.