TERMS AND CONDITIONS OF THE SERVICES OF ORANGE ANALYTICS

The payment of a deposit and/or the use or continued use of Orange Analytics’ services signifies acceptance of these terms and conditions.

Delivery of Service:

Orange Analytics is agreeing to complete the work as described in any Ballpark Quote and/or Scope of Work and/or Technical Addendum and/or Ad hoc quote that may be provided to you. Please refer to those documents to understand the product you are purchasing and to ensure that it suits your needs. You should also refer to the examples that Orange Analytics has provided to you of other sites that Orange Analytics has designed which fall within your budget level so that you fully understand the product that you will be receiving. It is your responsibility to ensure you are aware of and are familiar with the full specifications and functionality of the product that you are purchasing and accordingly you are responsible for ensuring that you obtain from Orange Analytics any of the above referred to documents that are necessary for you to understand these matters.

You must understand the functionality of the product that you are purchasing as changes to the standard functionality may incur additional costs.

Client Responsibilities and Obligations:

You must follow all instructions provided by Orange Analytics and provide to Orange Analytics, in a timely manner, all information and materials requested by Orange Analytics.

All content must be provided in the format specified by Orange Analytics.  Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.

The instructions provided by Orange Analytics as to information and materials that you are to supply are designed to ensure your site is completed on time and within the specifications agreed upon.  Noncompliance with these instructions will cause delays in delivery of your product and may result in you incurring additional costs.

At times Orange Analytics may request domain name and hosting information from you.  Once this information is received by Orange Analytics, Orange Analytics may re-delegate the domain name so that it points at Orange Analytics’ servers or replace or delete files on your hosting account as needed in order to complete your project.  You authorise Orange Analytics to undertake these steps.  Such activities may cause disruptions to your existing website, email and other services.  If you have any special instructions or requirements regarding this, please advise Orange Analytics immediately.

Orange Analytics will request feedback and changes at certain stages of undertaking the process of building your site.  These changes must be provided in the format required by Orange Analytics and sent to Orange Analytics in only one email.  Sending excessive or multiple emails may cause detail to be missed and may result in you incurring additional charges.

Once your site is handed over to you, any further work or changes will result in you incurring additional costs.  It is your responsibility to check that the site is to your satisfaction prior to handover.  Once the site is made live, you must check any functionality (e.g. checkout and payment processes) to ensure your site visitors experience the site the way you intend.

If you are expecting any large spikes in your web traffic, you must inform Orange Analytics as soon as practicable so that Orange Analytics can assess any potential impact on its infrastructure and other clients. Any conduct that endangers the web hosting services provided by Orange Analytics to other clients will result in your site being suspended.  This includes, but is not limited to, undertaking activities such as mass mail outs which can cause disruption to Orange Analytics’ server(s) and service(s).

Project Non Completion:

You acknowledge that, in the event that Orange Analytics cannot complete the development of your site due to difficulties in executing the proposed services (which may be due to either project issues or client difficulties) then Orange Analytics may, by written notice to you, terminate its agreement with you, at which time Orange Analytics shall, at their sole discretion, either refund to you any monies paid by you or shall provide to you any work completed by Orange Analytics and paid for by you.

Intellectual Property Rights:

You warrant to Orange Analytics that any and all information and material provided to Orange Analytics by you or by any one on your behalf does not infringe the copyright or other intellectual property rights of any third party and you indemnify Orange Analytics against any action taken against Orange Analytics by any such third party.

You accept responsibility for all information and material provided to Orange Analytics or uploaded to your site by Orange Analytics or yourself, and you indemnify Orange Analytics against any liability in relation thereto.  Specifically, you undertake that you will not publish, distribute or issue any information that is illegal or offensive, including copyrighted materials.  

Breach or alleged breach of a third party’s intellectual property rights or other rights may result in your site being suspended.

Orange Analytics reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

All intellectual property rights (including rights in relation to patents, trademarks, moral rights, service marks, rights in design, database rights, application for any of these rights, copyright, trade or business names or other similar rights or obligations whether they are able to be registered or not in any country) in respect of any proprietary software owned or used by Orange Analytics in the creation of your site or which are created (either now or in the future) by Orange Analytics, or which result from the engagement of Orange Analytics to create your site shall remain the property of Orange Analytics.  This includes specifically all copyright in any design, code or document created or any discoveries made in the course of the creation of your site, which shall, upon creation, vest in and be the exclusive right and property of Orange Analytics.  Upon payment in full of all monies owing to Orange Analytics, you shall be granted a license to use all such intellectual property however you acknowledge that the license does not constitute an assignment of any such intellectual property rights in any proprietary software either owned or used by Orange Analytics.

Project Timelines:

Orange Analytics estimates that your site can be created in under 30 days, unless otherwise specified prior to commencing the project.

The above time frame is an estimation only and projects can be delayed by a number of factors including (but not limited to) noncompliance by you with the instructions to or requests from Orange Analytics, incorrect content being supplied to Orange Analytics and Orange Analytics being unable to contact you for prolonged periods of time.  You must ensure that Orange Analytics have accurate contact details for you.

You must make every effort to follow the instructions provided by Orange Analytics and provide the required information to Orange Analytics in order to facilitate delivery times and correct specifications.

Delays in providing the required information to Orange Analytics may result in delays in product delivery and also may result in you incurring additional charges for administration time.

Orange Analytics will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

In order to enable Orange Analytics to complete your project within a reasonable time frame, Orange Analytics may move your site to the next stage of development in circumstances where:

·       Orange Analytics does not receive any feedback or changes from you within 10 days of such items being requested; or

·       Orange Analytics does not receive your content within 10 days of it being requested.

Orange Analytics, in its sole discretion, reserves the right to develop your site without first receiving your progress payment in the event that Orange Analytics does not receive your content within 10 days of having requested it.  If Orange Analytics elects to build your site without first receiving content from you, standard template content will be used which can be changed by yourself using the Content Management System (CMS) once the site is handed over to you.

In the event that Orange Analytics does not receive any final changes to be made to the site from you within 10 days of having requested such details from you, then Orange Analytics reserves the right to hand over your site to you, at which time your final payment will become immediately due and payable.

Content, Design and Package Restrictions:

Each package or product has certain design and functionality restrictions.  It is your responsibility to understand these restrictions prior to commencing any project.  You should discuss any queries you may have with your consultant and also refer to the examples Orange Analytics has provided to you which fall within your budget range, and refer to any documentation that Orange Analytics has provided to you.

During various stages of the design process Orange Analytics will request from you certain information and content.  You should ensure that the information and content that you provide to Orange Analytics is correct and is your final version.  Orange Analytics cannot accept any revised content once you have submitted your content.  Any revisions to content may result in you incurring additional costs.

Where “pages” of content are specified, a “Page” consists of up to 1 A4 page of text and up to 5 images. If you require more content than this on any one page, you should advise Orange Analytics accordingly so that Orange Analytics can provide you with a quote for the extra content.

Where a gallery of images is used, up to 20 images can be entered by Orange Analytics for you.  Additional images may incur additional costs.  You should note that a gallery counts as 1 page.

When Orange Analytics provide you with design layouts for approval, these design layouts represent the suggested design for the home page of the site.  You must understand that the inner pages of the site will follow a simpler design as there is more information to be presented.  You should ensure that you ask your consultant for more information if you are unclear on this.

Orange Analytics uses the content in the form that is provided to Orange Analytics by you and does not conduct spelling or grammar checks.  Orange Analytics will not write your content for you unless you have requested that this be provided as a separate service which will incur additional costs.  You are solely responsible for the content of the site and accordingly Orange Analytics will treat the submitted content as the final version of that content.  If you find you have errors in your submitted content, you are able to change your content through the Content Management System if there is one attached to your site.

Orange Analytics include a set number of rounds of changes during its site production process. The standard number of rounds of changes is 2.  Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.  Orange Analytics accepts no responsibility for ensuring that such changes are error free.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes.  In the event that Orange Analytics makes any mistakes or omissions in implementing the changes that you have requested, Orange Analytics will rectify this at its own expense.

Please ensure that you limit your changes to comply with the agreed specifications.  Failure to do this may result in you incurring additional costs.

Orange Analytics may include a link to its own website at the footer of your site and, where such link is so included, you must not take any steps to remove this link.  Orange Analytics reserves the right to change any such links from time to time.

Testing:

You are expected to test fully any application or programming relating to the site developed by Orange Analytics for you before making such site generally available for use.  Where “bugs”, errors or other issues are found after the site is live, Orange Analytics shall endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in these terms and conditions.

Fees and Payment Terms:

The total cost of your project and any fees are set out in the quote provided to you by Orange Analytics, the scope of work and any ad hoc quotes that may be provided to you by Orange Analytics from time to time. Details regarding costs can also be obtained from your sales consultant by request.  You must ensure that you are aware of any costs and ongoing fees before you elect to proceed.

Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of Orange Analytics payment terms.

Your initial website consultations are included in your quoted project cost and form part of your deposit. If you do not decide to proceed with Orange Analytics, you will not be liable for this cost.

Orange Analytics’ standard payment terms for any project are as follows:

·       50% of the total project cost will be required as an upfront deposit in order to get your project started.  This also includes the cost of your initial website consultations.

·       A progress payment equal to 40% of the total project cost must be made 30 days after your project start date or once you have approved your design layout and have provided the content for your site, whichever occurs first.

·       The balance of the total project costs shall be payable 60 days after your project start date and prior to Orange Analytics making the site live.  

Orange Analytics requires final payment and direct debit forms to be provided in respect of any ongoing fees and such forms are to be returned to Orange Analytics before Orange Analytics will make your site live. Your final balance payment and direct debit form must be returned to Orange Analytics upon completion of your site (before going live) or within 60 days from the date that your initial deposit was made – whichever occurs first.

Content Management System fees and other monthly fees are to be paid by way of monthly direct debit.  Your monthly fees will start on the day which is 60 days after the date on which you have paid the upfront deposit.

Please note that a Direct Debit Dishonour Fee of $20 applies to your account whenever a direct debit transaction is dishonoured.

Any extras requested during the process shall be added to the total project costs and will be payable at the stages outlined above.  Please note that extras outside your package specifications will incur additional charges which Orange Analytics will inform you of before proceeding.

If you require Orange Analytics to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with Orange Analytics’ standard prices as quoted.  All work must be paid for upfront and will be quoted for on request.

If Orange Analytics has difficulties contacting you for prolonged periods of time or does not receive required feedback of information from you, you may incur additional charges and delays in delivery of your project.  If you are un-contactable for more than 10 days, Orange Analytics may suspend your project indefinitely or end your project without further notice to you.  If your project is suspended or ended, then your final payment will be due and payable immediately to Orange Analytics. To resume your project you will need to pay a $150 re-instatement fee and the decision regarding whether the project will be resumed shall rest solely with Orange Analytics.

If you wish to take your site and host elsewhere, you still need to pay Orange Analytics the monthly service fee or pay a release fee of $300 in order to waive your monthly fees.  Please discuss this with your consultant should you be unclear as to this.

You can apply to Orange Analytics to have your project on hold if your circumstances change, in which case you may be required to make the next payment due and then the project will be placed on hold for a period determined by Orange Analytics.  Applications will be assessed on individual merits and if approved will be for a finite period determined by Orange Analytics.  You will not be charged any additional costs to resume your project in these circumstances.

Please note that paying the deposit on any project shall signify your agreement and commitment to complete the project with Orange Analytics and your agreement to make full payment to Orange Analytics.  Payment in full of the total project costs will be required in the event that you do not wish to proceed with your project after such time as you have paid your deposit and you are outside the refund period.

You shall remain liable for all fees incurred by Orange Analytics during any period when your site has been suspended or discontinued due to your failure to comply with these terms and conditions.  In addition, you must pay all costs in full without any offset, counter claim or deduction unless first agreed to in writing by Orange Analytics.

Please note that interest at the rate of 10% of your site build contract shall be charged on any amounts outstanding in excess of Orange Analytics payment terms from time to time.  Additionally if your site is not live and your direct debit form remains unreturned to Orange Analytics 60 days after handover has occurred, a release fee of $300 will be charged to hand over all your site files which are then deleted from the Orange Analytics server.

If accounts are not settled and Orange Analytics has not been contacted regarding the delay, access to your site may be denied and the web page may be removed.

Direct Debit Transaction Fees

Please note the monthly Direct Debit(s) incur a transaction fee of $1.98 per transaction. Credit Card Direct Debit will incur an additional 2.2% for MasterCard & Visa Card, Amex & Diners Club are charged at 4.4%. Fees are subject to change.

Annual Administration Fee:

A small administration fee of $100 Inc. GST will be charged over the course of the year which will be broken into 2 separate payments of $50 Inc. GST.

The fee covers the multiple services offered by our online development team via phone and email.

The fee will be deducted automatically from your direct debit account during the months of June and December for 6 months in advance (i.e – fee in December will cover period between January to June, fee in June will cover the period between July to December).

This annual administration fee is non-refundable in any circumstance.

Refunds:

Refunds shall only be provided for your project within 24 hours of payment of your deposit on the condition that you have not returned any of the required information to Orange Analytics and on the condition that Orange Analytics has not commenced any work on your project.

An administration fee of $100 + GST will apply to all refunds.

Automatic Renewal of Domain Names:

In the event that you have elected to pay for services provided by Orange Analytics by way of direct debit, then any domain names registered for you by Orange Analytics shall be automatically renewed by the due date for renewal and the cost of such domain name renewal shall be added to the direct debit payment for that month.

Warranty:

Orange Analytics provides a 60 day warranty on all of its work.  However, if you have made changes to your site using the Content Management System, you may incur additional costs to resolve any issues that arise due to those changes.

Browser Compatibility:

Orange Analytics will make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems.

Changes made to the site through the CMS, in some cases, can cause browser related issues.  If this happens, Orange Analytics may need to charge additional fees to rectify these issues.

Limitation of Liability:

Whilst every endeavour will be made to ensure that the site is free of errors, Orange Analytics cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of income, loss of information or business interruption) incurred due to malfunction or due to the construction or operation of the site or any part of it.  Further, Orange Analytics will accept no responsibility for liability for any down time, loss of income or loss of your use of the site which may occur as a result of the site being affected by computer hacking, computer viruses, malware or spyware.  If your site is so affected, Orange Analytics may, at its sole discretion, assist you with remedying such affliction; however in doing so, Orange Analytics accepts no responsibility or liability in this respect.

In addition, Orange Analytics accepts no liability whatsoever for any damages or costs (including consequential damages or losses) incurred as a direct or indirect result of using Orange Analytics’ services or services of Orange Analytics’ related companies or businesses (howsoever caused, whether by negligence or otherwise) or incurred by you directly or indirectly as a result of your use of any open source or third party proprietary software.  Orange Analytics does not provide any guarantee that any such open source or third party proprietary software will be fit for the purpose or function as required by you.

If Orange Analytics suspends your site for any breach of these terms of service or any other reason whatsoever, Orange Analytics shall not be liable for any loss of income or costs incurred by you, including any consequential loss or damage suffered by you.
It is your responsibility to ensure you are aware of renewal dates of domain names and other services. Orange Analytics takes no responsibility for loss of domain names or other services due to non-renewal, whether notification is sent to you or not. Please contact Orange Analytics if you do not know the renewal dates of your services.

All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of services by Orange Analytics not contained in these terms and conditions are excluded.
Except as required by statute, all express and implied conditions and warranties in relation to the services provided are hereby excluded and Orange Analytics’ liability hereunder (if any) shall be limited at Orange Analytics’ discretion to the replacement of the services, the supply of the equivalent services or to the value of the services supplied by Orange Analytics.  You acknowledge that the limitation of liability in this clause is fair and reasonable.

Indemnification:

You acknowledge and agree that you are using all services and facilities provided by Orange Analytics at your own risk and you agree to defend, indemnify, save and hold Orange Analytics harmless from any and all demands, liabilities, costs, losses and claims, howsoever suffered, including but not limited to legal fees incurred by Orange Analytics that may arise directly or indirectly from any service provided or agreed to be provided by Orange Analytics to you or any product or service offered or sold by you to your clients.  You agree that this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

You also agree to defend, indemnify and hold harmless Orange Analytics against any liabilities arising out of injury to any person or property of any person caused by any service provided or agreed to be provided by Orange Analytics or any product or service offered or sold by you to your clients, including but not limited to, infringement of intellectual property rights, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation and in respect of any defamatory comments or materials contained on your site.

Non-Disclosure:

Orange Analytics agrees that, except if directed by you, Orange Analytics will not, at any time during or after the term of its engagement, disclose any confidential information belonging to you.  Likewise, you agree that you will not convey any confidential information about Orange Analytics to any other party, including but not limited to, using any documentation provided to you by Orange Analytics or using any of Orange Analytics’ processes related to the delivery of your service.

Software:

In the course of building your site Orange Analytics may use various open source software and also third party proprietary software.  Each piece of software has its own processes, functionality and works in its own way.  The standard functionality can often be changed, but unless otherwise stated, changes to this functionality are not included in your purchase price.

Orange Analytics does not provide any warranty in respect of the functionality of such open source or third party proprietary software and Orange Analytics does not provide any guarantee that such software will be fit for the purpose or function as required by you.

Acceptable Use:

All users of Orange Analytics’ services must adhere to all policies set out in these terms and conditions as well as any other policies issued by Orange Analytics and notified to you from time to time.

The services of Orange Analytics must only be used for lawful purposes.  You cannot use any of the services of Orange Analytics to store, transmit, modify, publish, transfer or sell, reproduce, create derivative works from, perform, display, or in any way exploit or distribute any material in any way that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or any material that is obscene, threatening, abusive, hateful, libellous, defamatory, pornographic, harassing or threatening or in violation of any law, or is in any other way objectionable.

Orange Analytics reserves the right to suspend any services if, in its sole discretion, it deems any activities you are undertaking to be putting its reputation, services or other clients at risk.   In addition, Orange Analytics reserves the right to refuse to deal in any way with material which may be deemed offensive, illegal or in any way controversial and also to terminate its hosting service should the necessity arise.

Server Uptime and Usage (Web Hosting):

Orange Analytics uses industry standard server hardware and software.  Orange Analytics works to minimize any downtime and endeavours to provide an uninterrupted service at all times.  Notwithstanding this, you acknowledge that the web hosting service of Orange Analytics relies on factors outside of its control and accordingly Orange Analytics does not accept any responsibility for any losses incurred for any down time.

Unless otherwise specified in writing, you are limited to 10 GB per month of bandwidth and 1 GB of disk space per website that you have hosted with us.

While Orange Analytics makes incremental and full scheduled backups of its servers, Orange Analytics does not guarantee that any lost data will be recovered.  Additional charges may be incurred where you request Orange Analytics to attempt to make recoveries of lost data.

You acknowledge and agree that Orange Analytics may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.

Where applications or sites are developed on a server that is not operated by Orange Analytics, you are expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.  Where large applications are to be developed, it is your responsibility to provide a suitable testing environment which is identical to the final production development.

Suspension of Services:

Orange Analytics reserves the right to suspend/cancel any or all services provided to you, including all domain names if:–

·       You have any outstanding invoices or accounts;

·       Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;

·       You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Orange Analytics;

·       There is evidence of fraudulent, illegal, defamatory or offensive activities or evidence of any other activity that is in breach of a third party’s rights;

·       Orange Analytics deems that your use of its service may jeopardize the operation of the service that Orange Analytics provides;

·       Orange Analytics’ service suffers any technical failure or if Orange Analytics must carry out maintenance;

·       You have used Orange Analytics’ service in a manner which violates any applicable laws or regulations;

·       You have used Orange Analytics’ service in a manner which interferes with or disrupts the usage of the service by other clients of Orange Analytics; or

·       Orange Analytics deems any other reason as satisfactory to protect Orange Analytics, its staff or other clients.

Reasonable notice of the suspension/cancellation of services will be given to you by Orange Analytics only where possible.

In the event that your account is suspended or cancelled under these terms and conditions, you must pay all outstanding charges to Orange Analytics immediately.

Termination:

Either party may terminate the ongoing monthly service agreement for Orange Analytics to provide web hosting services by providing the other party with 30 days written notice of such termination.   If you wish to terminate the ongoing monthly service, then you must provide such written notice to Orange Analytics by emailing to Orange Analytics at info@orangeanalytics.com.au the cancellation form which can be requested from Orange Analytics.

If you choose to terminate the agreement, then the balance of any fees owing to Orange Analytics, including in respect of any site project costs, monthly fees or any other fees that you may be liable for, shall become immediately due and payable.

You acknowledge that sites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate the agreement between you and Orange Analytics.

Recovery Costs:

In the event that Orange Analytics takes action to recover from you any amount outstanding, Orange Analytics shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses (e.g. costs for company search, document printing, charges for registered post, lodgement fee and transportation cost etc.). The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by Orange Analytics for enforcement of obligations and recovery of monies due from the Customer to Orange Analytics.

Force Majeure:

Orange Analytics may experience outages beyond its control caused by reason of failure of hosting services provided to third parties upon which Sites Stores relies to provide its services, act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, invasions, acts of hostilities, civil wars, rebellion, terrorist activities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting or other causes beyond Orange Analytics’ control. You agree to release Orange Analytics from any claim or potential claim with respect to outages and any loss or damage suffered by you or any third party.

Variation:

These terms and conditions may be varied or updated from time to time by Orange Analytics.

Governing Law and Jurisdiction:

These terms and conditions are governed by the law of the State of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

Severability:

If any provision of these terms and conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

Waiver:

The failure, delay, relaxation or indulgence on the part of Orange Analytics in exercising any power or right conferred upon Orange Analytics by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.

No Assignment:

You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of Orange Analytics.

No Adverse Construction:

These terms and conditions are not to be construed to the disadvantage of Orange Analytics because Orange Analytics was responsible for its preparation.

Non-Disparagement:

You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage Orange Analytics or any of its employees or its business.  This obligation survives the termination of the engagement of Orange Analytics.

PRIVACY POLICY

We understand the importance of your privacy and we are committed to protecting any personal information we hold about you. This is our Privacy Policy which explains what personal information we collect from you and how we manage that information. Our Privacy Policy covers Orange Analytics Pty Ltd (ABN 80 731 928 188) and all its related entities.

The personal information we collect from you

We will collect personal information directly from you including your name, postal address, email address, telephone number, *date of birth* and your areas of interest. We collect this information so that we can deliver our services and products to you as efficiently as possible.

We collect this personal information when you visit our website and fill out a form, contact us by telephone or email or consult us in person.

Any personal information we obtain from you is stored in different ways, including paper and electronic form.

We have measures in place to make sure your personal information is safe such as policies and security measures. Only Orange Analytics employees, sub-contractors or agents may, for approved purposes, access your personal information.

When we receive personal information from you, we will take reasonable steps to notify you of how and why we collected your information, who we may disclose it to and how you may access it, correct it or make a complaint.

We will not store your personal information with a 3rd party storage provider either in Australia or overseas, will not collect information arising from your cookies and will not collect information on your website traffic data.

Using your personal information

We use your personal information to:

·       provide you with information that you have requested

·       provide you with our products and services

·       improve our products and services

·       promote our products and services

Sharing your personal information

We will not disclose your personal information to any third parties without your consent, unless we must do this by law or to the extent we use third parties to “capture or manage” your personal information on our behalf.

We may disclose your personal information to our related entities for purposes related to why we collected it, including promoting their products and services.

Accessing your personal information

If you want to access any personal information we have about you, email us at info@orangeanalytics.com.au. When making a request, you should specify the type/s of information you want to access. If your request for access is refused, we will give you a written reason for this. We will try and process your request as quickly as possible but may charge you a fee for doing so.

Changing your personal information

If the personal information we hold about you is wrong or needs to be changed, please email us at info@orangeanalytics.com.au and we will take reasonable steps to ensure your personal information is corrected.

Complaints

To complain about a breach of the Australian Privacy Principles, you can contact us by emailing info@orangeanalytics.com.au. We will review your complaint and respond to you promptly in writing.

If not satisfied with our response, you can contact the Office of the Australian Information Commissioner (www.oaic.gov.au).

SEO Terms & Conditions

A. Meanings & Abbreviations:

In this Agreement the following words have their corresponding meanings:

Agreement / Terms and Conditions means your agreement with us as detailed in this document (with potential to be modified from time to time).

Google / SEO / Search Engine means Google and SEO except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to, or in substitution of, Google.

I, You, Your / Account Holder refers to the person or company named as the client in this Agreement and, where applicable, the website or business that you have authority over.

We / Our / Us / Orange Analytics refers to Orange Analytics Pty Ltd

B. Payment Terms:

1.     The Initial Set Up Fee is payable in full before the setup of your SEO Campaign will begin.

2.     The monthly Management Fee for your SEO Campaign will be charged 60 days after date of sign up or 30 days after your site going live. The Management Fee will be charged monthly in advance.

3.     Orange Analytics will automatically debit your supplied direct debit account on a monthly basis for the monthly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.

4.     Orange Analytics reserves the right to not set up your SEO account. At which time following payment of a $100 admin fee you will receive a full refund within 24 hours of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.

5.     Orange Analytics reserves the right to stop managing your SEO account and terminate this Agreement at any time by written, or email notice to you. If this occurs your Orange Analytics monthly management fee will stop at the end the second week after the termination date.

6.     If you wish to suspend or cancel your Orange Analytics management of your SEO account at any time then please let us know by phone or email. We will speak with you to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the call, you may do so, however all cancellations require 30 days written notice. Your monthly management fee will not cease until the end of the notice period.

7.     Upon cancelling Orange Analytics management, all amounts owing to Orange Analytics will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.

8.     All payments in this Agreement are in Australian dollars and exclusive of GST.

9.     Orange Analytics reserves the right to engage a debt collector, at your expense, if there are any unpaid invoices overdue by 60 days.

C. General SEO Terms & Conditions:

This is not a fixed-term contract with Orange Analytics, however whilst Orange Analytics are managing your SEO account the following terms and conditions apply:

10.  By entering this Agreement with Orange Analytics you give us permission to access your SEO account for the purposes of optimisation and management of your online business.

11.  Orange Analytics will endeavour to set up your SEO accounts as soon as possible, however in some cases it may take up to 5-7 days to complete the setup of your new account.

12.  If we request more information from you for the setup of your new or existing account, Orange Analytics will not be held responsible for any delay arising from the need for further information.

13.  For clarity, please note that:

a.     Orange Analytics is not Google, Google AdWords, Facebook or Yahoo!;

b.     A Google “sponsored link” is a generic term, whereas Orange Analytics is our business name;

14.  Orange Analytics will endeavour to help you achieve your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising and marketing. Unless specifically stated to the contrary of this Agreement, Orange Analytics do not guarantee any particular rate of return or performance of any online advertising on SEO, including but not limited to any particular search results page(s) or rankings. We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your SEO account for your business and/or website(s).

15.  Orange Analytics is providing an internet marketing service at a competitive price. Orange Analytics is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:

a.     Orange Analytics will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or any other loss not arising naturally and directly according to the usual course of business) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and

b.     The maximum liability of Orange Analytics to you is the lesser of:

i.         the sum of Setup Fees and Management Fees you have paid to Orange Analytics or;

ii.         the cost of re-supplying our online advertising services or;

iii.         the cost of rectifying the online advertising problem which has caused your loss.

16.  By agreeing to these Terms and Conditions you also agree to allow Orange Analytics to refer to you as a client and to use your business name(s) and logo(s) in our promotional material at the sole discretion of Orange Analytics. This may include but is not limited to a display on our website, promotional banners and pamphlets.

17.  These Terms and Conditions are governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

18.  These Terms and Conditions can be modified at any time by Orange Analytics. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website on a separate page - we will not individually notify you of these changes.

19.  If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

20.  You agree that you will use the services provided by Orange Analytics under this Agreement for business purposes (and not predominantly personal, domestic or household use).

21.  To the extent that Copyright subsists in any text that we create for your SEO account(s) pursuant to this Agreement; We assign copyright in such text to you. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.

22.  If you wish to cancel your SEO advertising services with Orange Analytics, we will delete all records and data for your given account after 2 months, including; reports, Google Analytics and Google Webmasters information relating to your account.

23.  If you wish to add your own Google Analytics code to your website or online store, you will need to inform the Orange Analytics in writing, including the exact code you wish to use as applying the code yourself risks the deletion of Orange Analytics’ original code. In the event that this clause is not adhered to and your own code replaces that of Orange Analytics, Orange Analytics will not be liable for any loss(es) or damage(s) pertaining to the act, perceived or actual.

24.  Orange Analytics cannot provide login details or permit access of any description to the specific Google Analytics or Google Webmasters Account related to the SEO campaign created by Orange Analytics for you. All necessary information regarding your campaign(s) can be found in the report(s).

25.  If there are any changes to the content of your website or online store, especially with regard to others, location(s) of service(s) and products, you will inform Orange Analytics as soon as possible. Orange Analytics will not be liable for any decrease in SEO performance following any unconfirmed changes to the content(s) of your website or online store.

26.  Orange Analytics will endeavour to carry out all or some of the following actions, based on your campaign(s)’s exact requirements, to ensure that your campaign is running as effectively as possible. If, at any point, you wish to alter the information presented on your website, either on the front-end or the back-end, you will inform Orange Analytics first as to not disrupt the SEO campaign(s) in place. Orange Analytics will not be liable for any decrease in SEO Performance as a result of unshared, altered or unconfirmed changes, by you, to any of the following actions:

a.     Keyword Analysis & Research – Orange Analytics will analyse and research keywords according to information provided by the client.

b.     Keyword Optimisation - Keywords will be optimised to best represent the website.

c.     Meta Title - Orange Analytics will write Meta Titles on the website using keywords and phrases.

d.     Meta Description - Orange Analytics will write a Meta Description for the website, identifying unique business characteristics using keywords and phrases.

e.     Meta Keywords - Orange Analytics will write Meta Keywords for the website using keywords and phrases.

f.      Site Map - Orange Analytics will create a Site Map to assist search engines to index your website’s pages.

g.     Robot.txt - Orange Analytics will create a Robot.txt file in accordance with industry standards.

h.     Alt Tags - Orange Analytics will write or change Alt Tags in the back-end of the website without affecting the look of the website.

i.      Image Title - Orange Analytics will change or update Image Titles to ensure that search engines can recognise image relevance.

j.      Keywords - Orange Analytics will select keywords in accordance with the specific SEO package selected.

k.     Google Analytics - Orange Analytics will setup Google Analytics for internal use only. Traffic figures and trends will be presented to the client in a detailed report.

l.      Search Engine Submission - Orange Analytics will submit details of the website to the most popular search engines (average approval time is one week).

m.   Directory Submission - Orange Analytics will submit details of the website to a range of directories, based on the level of SEO selected (please be aware that acceptance is entirely at individual directory’s discretion).

n.     Reports - SEO Analysis Reports will be delivered one (1) month after commencement of the contract and at two (2) months intervals thereafter.

PPC Terms & Conditions

A. Meanings & Abbreviations:

In this Agreement the following words have their corresponding meanings:

Agreement / Terms and Conditions means your agreement with us as detailed in this document (with potential to be modified from time to time).

Google / SEO / Search Engine means Google and SEO except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to, or in substitution of, Google.

I, You, Your / Account Holder refers to the person or company named as the client in this Agreement and, where applicable, the website or business that you have authority over.

We / Our / Us / Orange Analytics refers to Orange Analytics Pty Ltd

B. Payment Terms:

1.     The Initial Set Up Fee is payable in full before the setup of your Google AdWords accounts will begin.

2.     The monthly Management Fee for your Google AdWords account will be charged 60 days after date of sign up or 30 days after your site going live. The Management Fee will be charged monthly in advance.

3.     Orange Analytics will automatically debit your supplied direct debit account on a monthly basis for the Monthly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.

4.     Orange Analytics reserves the right to not set up your Google AdWords account. At which time following payment of a $100 admin fee, you will receive a full refund within 24 hours of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.

5.     Orange Analytics reserves the right to stop managing your Google AdWords account and terminate this Agreement at any time by written, or email notice to you. If this occurs your Orange Analytics monthly management fee will stop at the end of the second week after the termination date.

6.     If you wish to suspend or cancel your Orange Analytics management of your AdWords accounts at any time then please let us know by phone or email. We will speak with you to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the call, you may do so, however all cancellations require 30 days written notice. Your monthly management fee will not cease until the end of the notice period.

7.     Upon cancelling Orange Analytics management, all amounts owing to Orange Analytics will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.

8.     All payments in this Agreement are in Australian dollars and exclusive of GST.

9.     Orange Analytics reserves the right to engage a debt collector, at your expense, if there are any unpaid invoices overdue by 60 days.

C. General AdWords Terms & Conditions:

This is not a fixed-term contract with Orange Analytics, however whilst Orange Analytics are managing your Google AdWords account the following terms and conditions apply:

10.  By entering this Agreement with Orange Analytics you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.

11.  Orange Analytics will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete the setup of your new account.

12.  If we request more information from you for the setup of your new or existing account, Orange Analytics will not be held responsible for any delay arising from the need for further information.

13.  Orange Analytics management (with Orange Analytics management fees) is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. Orange Analytics will not be liable for any amounts that Google AdWords charges you following the cancellation of your management with Orange Analytics.

14.  For clarity, please note that:

a.     Orange Analytics is not Google, Google AdWords, Facebook or Yahoo!;

b.     A Google “sponsored link” is a generic term, whereas Orange Analytics is our business name;

c.     Your AdWords account(s) remain your property. We will work on your AdWords account(s), but it/they remain yours.

15.  Orange Analytics will endeavour to help you achieve your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising and marketing. Unless specifically stated to the contrary of this Agreement, Orange Analytics do not guarantee any particular rate of return or performance of any online advertising on Google AdWords, including but not limited to any particular search results page(s) or rankings. We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords account for your business and/or website(s).

16.  Orange Analytics is providing an internet marketing service at a competitive price. Orange Analytics is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:

a.     Orange Analytics will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or any other
loss not arising naturally and directly according to the usual course of business) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and

b.     The maximum liability of Orange Analytics to you is the lesser of:

i.         the sum of Setup Fees and Management Fees you have paid to Orange Analytics or;

ii.         the cost of re-supplying our online advertising services or;

iii.         the cost of rectifying the online advertising problem which has caused your loss.

17.  By agreeing to these Terms and Conditions you also agree to allow Orange Analytics to refer to you as a client and to use your business name(s) and logo(s) in our promotional material at the sole discretion of Orange Analytics. This may include but is not limited to a display on our website, promotional banners and pamphlets.

18.  These Terms and Conditions are governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

19.  These Terms and Conditions can be modified at any time by Orange Analytics. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website - we will not individually notify you of these changes.

20.  If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

21.  You agree that you will use the services provided by Orange Analytics under this Agreement for business purposes (and not predominantly personal, domestic or household use).

22.  To the extent that Copyright subsists in any text that We create for Your AdWords account(s) pursuant to this Agreement; We assign copyright in such text to You. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.

D. General Pay Per Click (PPC) Terms & Conditions:

Orange Analytics is a PPC service provider, offering Orange Analytics’ clients with a range of PPC options. Orange Analytics reserves the right to amend policies and procedures at any time, without notice; the details of which will be stored and accessible online. Through applying Orange Analytics’ PPC services to your online business, the following terms and conditions apply:

23.  Orange Analytics will create and set up Google Accounts on your behalf.

24.  Following the successful creation, or takeover, of your Google PPC account, Orange Analytics will setup your nominated credit card to allow you to make automated “per click” payments, directly to Google. Orange Analytics will not take payments on behalf of Google.

25.  Orange Analytics will set up your online PPC campaigns using researched keywords and details provided by you, as to the exact requirements of the campaign.

26.  Orange Analytics will manage and monitor your campaign(s) on a weekly basis

27.  An analytical report will be delivered to you one month from the start of your campaign, then once per two months thereafter.

28.  If you wish to add, remove or edit keywords that have been assigned to your account(s) or specific campaign(s), you can inform Orange Analytics at any time during usual business hours, and we will work to apply your request(s) as quickly as possible.

29.  If you wish to edit the details of your allocated PPC advertising budget(s), you can inform Orange Analytics at any time during usual business hours, and we will work to apply your request(s) as quickly as possible.

30.  If you wish to edit the details of your allocated PPC advertising location(s), you can inform Orange Analytics at any time during usual business hours, and we will work to apply your request(s) as quickly as possible.

31.  If you wish to cancel your PPC advertising services with Orange Analytics, we will delete all records and data for your given account after 2 months, including; reports, Google Analytics and Google Adwords information relating to your account.

32.  If you wish to add your own Google Analytics code to your website or online store, you will need to inform Orange Analytics in writing, including the exact code you wish to use as applying the code yourself risks the deletion of Orange Analytics’ original code. In the event that this clause is not adhered to and your own code replaces that of Orange Analytics, Orange Analytics will not be liable for any loss(es) or damage(s) pertaining to the act, perceived or actual.

33.  Orange Analytics cannot provide login details or permit access of any description to the specific PPC Advertising Account related to the PPC campaign created by Orange Analytics for you. All necessary information regarding your campaign(s) can be found in the report(s).

34.  If there are any changes to the content of your website or online store, especially with regard to offers, location(s) of service(s) and products, you will inform Orange Analytics as soon as possible. Orange Analytics will not be liable for any decrease in PPC performance following any unconfirmed changes to the content(s) of your website or online store.

35.  Orange Analytics will endeavour to carry out all or some of the following actions, based on your campaign(s)’s exact requirements, to ensure that your campaign is running as effectively as possible. If, at any point, you wish to alter the information presented on your website, either on the front-end or the back-end, you will inform Orange Analytics first as to not disrupt the PPC campaign(s) in place. Orange Analytics will not be liable for any decrease in PPC Performance as a result of unshared, altered or unconfirmed changes, by you, to any of the following actions:

a.     Keyword Analysis & Research - Orange Analytics will analyse and research keywords according to information provided by the client.

b.     Keyword Optimisation - Keywords will be optimised to best represent the website.

c.     Ad Text - Orange Analytics will write ad text based on or relevant to the website, identifying unique business characteristics using keywords and call to actions.

d.     Reports - PPC Analysis Reports will be delivered one (1) month after commencement of the contract and at two (2) months intervals thereafter.

 

 

SOCIAL MEDIA - TERMS & CONDITIONS

A. Meanings & Abbreviations:

In this Agreement the following words have their corresponding meanings:

Agreement / Terms and Conditions means your agreement with us as detailed in this document (with potential to be
modified from time to time).

Social media refers to platforms such as Facebook, Twitter, LinkedIn, Google +, Pinterest and so on.

I, You, Your / Account Holder refers to the person or company named as the client in this Agreement and, where applicable, the website or business that you have authority over.

We / Our / Us / Orange Analytics refers to Orange Analytics Pty Ltd

B. Payment Terms:

1.     The Initial Set Up Fee is payable in full before the setup of your Social Media account will begin.

2.     The monthly Management Fee for your Social Media account will be charged 60 days after date of sign up or 30 days after your site going live. The Management Fee will be charged monthly in advance.

3.     Orange Analytics will automatically debit your supplied direct debit account on a monthly basis for the Monthly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.

4.     Orange Analytics reserves the right to not set up your Social Media account. At which time following payment of a $100 admin fee, you will receive a full refund within 24 hours of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.

5.     Orange Analytics reserves the right to stop managing your Social Media account and its related profiles and terminate this Agreement at any time by written, or email notice to you. If this occurs, your Orange Analytics monthly management fee will stop at the end of the second week after the termination date.

6.     If you wish to suspend or cancel your Orange Analytics management of your Social Media account at any time then please let us know by phone or email. We will speak with you to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the call, you may do so, however all cancellations require 30 days written notice. Your monthly management fee will not cease until the end of the notice period.

7.     Upon cancelling Orange Analytics management, all amounts owing to Orange Analytics will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.

8.     All payments in this Agreement are in Australian dollars and exclusive of GST.

9.     Orange Analytics reserves the right to engage a debt collector, at your expense, if there are any unpaid invoices overdue by 60 days.

C. Social Media Terms & Conditions:

This is not a fixed-term contract with Orange Analytics, however whilst Orange Analytics are managing your Social Media
account the following terms and conditions apply:

1.     By entering this Agreement with Orange Analytics you give us permission to access your Social Media profiles(s) for the purposes of content posting. You agree to hand over all necessary login details for our use.

2.     Orange Analytics will endeavour to set up your Social Media profiles as soon as possible, however in some cases it may take up to 5-7 days to complete the setup of your new account.

3.     If we request more information from you for the setup of your new or existing profile(s), Orange Analytics will not be held responsible for any delay arising from the need for further information.

4.     Orange Analytics will not be liable for security threats e.g. hacks that occur to social media sites, or to our systems; which may affect your business’ social media profiles’ security. In this event, the onus is on you to provide us with new login details at your earliest convenience.

5.     Orange Analytics will not be responsible for any reactions e.g. comments, shares, or tags from your audience. This includes but is not limited to genuine feedback that may be negative, any opinions expressed that you may not agree with, hate-spam or trolling.

6.     For clarity, please note that:

a.     Orange Analytics may post social media content on your behalf, but all information will appear posted by you.

b.     Your Social Media account(s) remain your property. We will work on your Social Media profile(s), but it/they remain yours.

7.     Orange Analytics will endeavour to help you achieve your social media marketing goals by providing you with advice, information and digital/web services in relation to social media and marketing. Unless specifically stated to the contrary of this Agreement, Orange Analytics do not guarantee any particular rate of return or performance of any social media profiles, including but not limited to any increase in followers or sales leads. We cannot be held responsible for commercial outcomes which are associated with the social media marketing or management of your Social Media profiles for your business and/or website(s). Orange Analytics will endeavour to set up your Social Media profiles as soon as possible, however in some cases it may take up to 5-7 days to complete the setup of your new account.

8.     Orange Analytics is providing a social media marketing service at a competitive price. Orange Analytics is not insuring or underwriting your chosen business model. You acknowledge that our services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:

a.     Orange Analytics will not be liable in any way for fines, penalties, taxes (except GST), exemplary/ aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or any other loss not arising naturally and directly according to the usual course of business) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and

b.     The maximum liability of Orange Analytics to you is the lesser of:

i.         the sum of Setup Fees and Management Fees you have paid to Orange Analytics or;

ii.         the cost of re-supplying our social media marketing services or;

iii.         the cost of rectifying the social media marketing problem which has caused your loss.

9.     By agreeing to these Terms and Conditions you also agree to allow Orange Analytics to refer to you as a client and to use your business name(s) and logo(s) in our promotional material at the sole discretion of Orange Analytics.

10.  These Terms and Conditions are governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions. Orange Analytics will endeavour to set up your Social Media profiles as soon as possible, however in some cases it may take up to 5-7 days to complete the setup of your new account.

11.  These Terms and Conditions can be modified at any time by Orange Analytics. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website - we will not individually notify you of these changes.

12.  If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

13.  You agree that you will use the services provided by Orange Analytics under this Agreement for business purposes (and not predominantly personal, domestic or household use).

14.  To the extent that Copyright subsists in any content that We create for your Social Media account(s) pursuant to this Agreement; We assign copyright in all content to You. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.

15.  Orange Analytics will create and set up social media profile(s) on your behalf.

16.  Orange Analytics will set up your social media profiles as we deem suitable, based on content you provide in the initial questionnaire. Unless you indicate otherwise, you agree to the social media accounts we suggest.

17.  Orange Analytics will manage and monitor your campaign(s) as per your package scope.

18.  All posts require your approval by email.

19.  If you wish to edit the details of your social media budget(s), you can inform Orange Analytics at any time during usual business hours, and we will work to apply your request(s) as quickly as possible.

20.  Orange Analytics does not recommend that you post content on your own accord outside the agreed package because this could be detrimental to your campaign. Orange Analytics will not be responsible for any outcomes should you post content not written or developed by us.

21.  If you wish to add your own content to any social media profiles being managed by us, you will need to inform Orange Analytics in writing, including the text and images/links you wish to use as applying the content yourself risks any scheduling goals or marketing strategies that Orange Analytics have devised. In the event that this clause is not adhered to and your content affects that of Orange Analytics, Orange Analytics will not be liable for any loss(es) or damage(s) pertaining to the act, perceived or actual.

22.  Orange Analytics permits 1 round of design changes, based on your existing profiles or requirements indicated in the questionnaire that you fill out.

23.  If there are any changes to the content of your website or online store, especially with regard to offers, location(s) of service(s) and products, you will inform Orange Analytics as soon as possible. Orange Analytics will not be liable for any decrease in social media performance following any unconfirmed changes to the content(s) of your website or online store.

24.  Orange Analytics will endeavour to carry out all or some of the following actions, based on your campaign(s)’s exact requirements, to ensure that your campaign is running as effectively as possible. If, at any point, you wish to alter the information presented on your profiles, you will inform Orange Analytics first as to not disrupt the marketing strategy in place. Orange Analytics will not be liable for any decrease in social media performance as a result of unshared, altered or unconfirmed changes, by you, to any of the following actions:

a.     Content Analysis & Research – We will analyse and research industry trends according to information provided by the client.

b.     Images - Images will be sourced from stock or professionally photographed at your expense.

c.     Web links/documents – Orange Analytics will share necessary information relevant to your industry.

d.     Reports – Social Media Reports will be delivered one (1) month after commencement of the contract and at two (2) months intervals thereafter.