Please read these Terms and Conditions (“Terms”) carefully. By accessing or using the services provided by Insplor.com (hereafter referred to as “the Website”), you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from using the Website.
These Terms govern the relationship between Insplor.com and any individual, entity, or organization accessing or using its services (“User” or “Client”). By using the Website and its services, you confirm that you have read, understood, and accepted these Terms. The continued use of the Website implies ongoing acceptance of these Terms.
Definitions
- “Website” refers to Insplor.com and any related websites or services provided by the Company.
- “Company” refers to Insplor.com and any affiliated entities.
- “Client” or “User” means any individual or entity accessing the Website or engaging with the services of Insplor.com.
- “Agreement” refers to these Terms and Conditions and any additional agreements or contracts made between the Client and the Company.
1. Acceptance of Terms
By accessing the Website, you agree that you have read and understood these Terms, and that they govern your rights to use the Website and its services. Your continued use of the Website confirms your acceptance of the Terms.
The Company reserves the right to modify, update, or change these Terms at any time. Changes will take effect immediately upon their posting on the Website. Your continued use of the Website after changes to the Terms means you accept those changes.
2. Privacy Policy
Insplor.com is committed to protecting your privacy in accordance with the Privacy Act 1988 (Commonwealth). Please refer to our separate Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Website, you consent to the collection and use of your data as described in the Privacy Policy.
3. Intellectual Property
All content on the Website, including but not limited to text, images, graphics, logos, videos, software, and any other materials, is protected by copyright, trademark, and other intellectual property laws. These materials are owned by or licensed to the Company.
- The User agrees not to reproduce, distribute, modify, or create derivative works from any content on the Website without express written permission from the Company.
- Any unauthorized use of the Company’s intellectual property may result in legal action.
4. User Obligations
The Client agrees to use the Website and its services for lawful purposes only. Users shall not:
- Engage in any activity that could damage, disable, overburden, or impair the Website’s performance or interfere with any other party’s use of the Website.
- Upload, post, or transmit any unlawful, harmful, offensive, or objectionable content.
- Use any automated systems such as robots or spiders to access or scrape data from the Website.
Failure to comply with these obligations may result in the suspension or termination of access to the Website.
5. Payment and Fees
- The Client agrees to pay for the services provided by the Company in accordance with the payment terms outlined in the service agreement.
- All payments are due on the dates specified in the agreement. Failure to make timely payments may result in the suspension or termination of services.
The Company reserves the right to change its pricing or payment terms at any time, with prior notice provided to the Client. In case of non-payment, the Company retains the right to terminate the services and seek further legal remedies.
6. Confidentiality
Both the Company and the Client agree to maintain the confidentiality of any sensitive information exchanged during the provision of services.
- The Company agrees not to disclose any confidential information provided by the Client, except as required by law.
- The Client also agrees not to disclose any proprietary information provided by the Company.
Violation of confidentiality may lead to legal action and termination of services.
7. Termination
Either party may terminate this Agreement at any time by providing written notice to the other party.
- The Company reserves the right to terminate services immediately in cases of non-payment, breach of these Terms, or any unlawful conduct by the Client.
- The Client may terminate services with the Company by providing written notice and settling any outstanding payments.
Upon termination, any obligations under these Terms that by their nature extend beyond termination (such as confidentiality and intellectual property rights) will continue to be enforced.
8. Limitation of Liability
The Company’s liability to the Client is limited to the amount paid for the services. In no event shall the Company be liable for indirect, incidental, consequential, or punitive damages arising from or related to the use of the Website or the services provided.
The Company makes no representations or warranties regarding the accuracy, completeness, or suitability of the content on the Website. The Client uses the Website and the services at their own risk.
9. Indemnification
The Client agrees to indemnify, defend, and hold the Company harmless from any claims, liabilities, damages, costs, or expenses arising out of:
- Any breach of these Terms by the Client.
- Any negligent or unlawful conduct by the Client.
- Any infringement of intellectual property rights by the Client in connection with their use of the services.
10. Third-Party Links
The Website may contain links to third-party websites or resources. These links are provided for convenience only, and the Company does not endorse, control, or assume any responsibility for the content, products, or services available on these external sites.
- The Client agrees to use third-party links at their own risk.
- The Company will not be liable for any damages or losses resulting from the use of third-party websites.
11. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of [Insert Relevant Jurisdiction], without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved in the appropriate courts located in [Insert Jurisdiction].
12. Amendments to Terms
The Company reserves the right to modify these Terms at any time. It is the Client’s responsibility to review these Terms regularly to ensure compliance. If you continue to use the Website after changes are made, it signifies your acceptance of the revised Terms.
13. Services Provided
Insplor.com offers a range of digital marketing and web services, including but not limited to:
- Web design and development
- Search engine optimization (SEO)
- Social media marketing
- Google Ads and Meta Ads
- Graphic design
- Media production (audio, video, photography)
- Website hosting and maintenance
The Client agrees that the Company may subcontract or outsource portions of the work to third-party providers.
Web Design and Development
The Company retains full ownership of the website files until final payment is received. The Client is required to provide all necessary content, images, and data within five (5) business days of engaging the Company for web design services. If the Client fails to meet these deadlines, the Company reserves the right to delay or cancel the project.
Search Engine Optimization (SEO)
For SEO services, the Client must provide access to the necessary backend systems of their website, including CMS, hosting, and FTP access. The Company follows industry best practices for SEO but makes no guarantees regarding specific search rankings due to variables beyond its control.
Social Media Marketing
The Company provides social media management and campaign services, including account creation, content creation, and audience targeting. The Client must provide account access for effective management. All payments for social media marketing services are required in advance.
Website Hosting
The Company provides website hosting services through third-party partners. The Client must provide written notice 30 days in advance if they wish to cancel their hosting services. The Company also charges a migration fee if the Client chooses to transfer their website to another hosting provider.
14. Payment for Services
Payments for services rendered must be made according to the payment schedule outlined in the respective service agreement. Delayed payments may result in service suspension or additional fees.
- For SEO and social media marketing services, payment is required one month in advance.
- All other services require a deposit upon commencement and full payment before final delivery.
The Client must provide accurate payment information, and failure to do so may lead to suspension or termination of services.
15. Dispute Resolution
In the event of any disputes arising from the use of the Website or the services provided, the parties agree to first attempt to resolve the matter amicably through negotiation. If the matter cannot be resolved, either party may initiate legal proceedings in the courts of [Insert Jurisdiction].
16. Force Majeure
The Company will not be liable for any delays or failures in performance caused by circumstances beyond its control, including but not limited to acts of God, natural disasters, strikes, wars, or governmental actions.
17. Miscellaneous
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Failure by the Company to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provisions.
- Entire Agreement: These Terms constitute the entire agreement between the Client and the Company and supersede all prior agreements or communications.