AGENCY USER TERMS

These terms and conditions (“Terms”) apply to all Agency Users of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general terms and conditions and our Privacy Policy that is posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.

 

DEFINITIONS

“Agency/You” means any business or recruitment agency using our website to register and post a Job, and includes all subsidiaries, affiliates, and associates.

“Content” means any and all material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the website and any posts on our discussions page, and any information relating to marketing campaigns.

“Job” means any job advertised by an Agency on our website, including any full time, part time or freelance role or services that are otherwise required.

“Marketing Expert” means any social media marketing specialist or expert individual using our website.

“Services” means a service whereby Agencies can post a profile and their Jobs, and Marketing Experts can advertise their skills.

“the website” means www.socialplus.net

“We”, “our” and “us” means Social Plus, including its directors, employees, contractors and affiliates.

“User” means all users of our website, including but not limited to Agencies and Marketing Experts using our Services and by doing so, agree to these Terms.

 

HOW IT WORKS

You must register to use our Services. You must, at all times, keep your registration details accurate and up-to-date and your password and access private. You must set up your profile including details about your organisation. You may also showcase some successful campaigns of your Agency.

Once registered, you must pay your fee for your membership plan.

Once your fee is paid, you can post a Job. Jobs may be full time, part time, or freelance jobs. You must agree all terms for the Job directly with the Marketing Expert, including, for example all employment terms, entitlements, ownership of material and payment for any materials, parts or equipment required for the Job.

 

GENERAL USER AGREEMENT

To be eligible to use our Services, you agree to the below terms.

You warrant that:

  • You are 18 years of age or older and able to form a legal binding contract; and
  • You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, soliciting, offensive or otherwise illegal activities.

You further warrant that:

  • The information you provide, and Content you post or advertise on and through our website is genuine, true and accurate, reliable, up to date, lawful, not misleading nor in breach of any Terms;

 

 

  • The Job you are advertising is properly described, and is a true, legitimate, and current role available for the Users that may apply;

 

  • You will only contact or respond to Marketing Experts for Jobs that actually exist and you must not contact a Marketing Expert for any other purpose;

 

  • You will comply with all appropriate employment laws, including but not limited to occupational health and safety laws, and you have sufficient workers compensation, professional indemnity, and other relevant current insurances in place; and

 

  • You will grant the Marketing Expert a non-exclusive licence to post any social media campaigns undertaken pursuant to the Job through our website to assist in their further promotion.

 

WE ARE A FACILITATOR ONLY

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting Agencies to list Jobs, and for Marketing Experts to apply for such Jobs;
  • Each Job is listed for 30 days on our website and you are permitted to make unlimited changes to this advertisement or Job posting;

 

  • We do not guarantee that you will find a suitable Marketing Expert for your Job;
  • We are not responsible for, nor affiliated with any particular Marketing Expert beyond providing the Services;
  • You need to make all your own enquiries about any Marketing Expert. We do not warrant nor make any representations as to the suitability, capability, experience, integrity, availability, health or anything related to any Marketing Expert. We do not do any background or other checks and we do not review any licenses or qualifications. It is up to you to make all necessary enquiries to satisfy yourself that the Marketing Expert is suitable, and meets your requirements. We are in no way responsible for any results of any Marketing Expert, including any interaction, experience, meeting or other arrangement and you engage any Marketing Expert and use our Services entirely at your own risk;

 

  • We are in no way responsible for your choice of Marketing Expert. Any Marketing Expert you agree to contract or employ is your contractual relationship with that individual. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction; and

 

  • We are in no way responsible for remitting any tax or other payments including but not limited to employment, tax, payments, superannuation or any other business or legal requirements, to any regulator or government organisation on behalf of any Marketing Expert. You are solely responsible for ensuring you manage your own regulatory requirements.

 

 

WEBSITE SERVICES

By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.
The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

 

FEE AND PAYMENT TERMS

We have three different membership plans. You may choose between a single job posting plan for $300 per post, a profile plan which includes 3 jobs per month for $400 per month or an unlimited job posting per month plan for $1300 per month.

You must pay the membership plan fee on a monthly basis in advance. Your membership plan fee is automatically deducted from your nominated payment method unless you or we cancel your membership plan in accordance with the below Cancellation terms.

Payments can be made by Paypal or credit card. We do not store your credit card details and ensure we use a secure third party provider for any payments. By providing us with your credit card details, you agree and authorise our payments for your membership to be deducted each month unless you cancel in accordance with our below Cancellation terms.

 

REFUNDS

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Except for your Statutory Rights, all services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the services will be provided with due care and skill and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

  • The supply of any services again; or
  • The payment of the cost of having any services supplied again.

We do not offer refunds for change of mind or for partial months.

 

CANCELLATION OR TERMINATION

TO CANCEL YOUR MEMBERSHIP: You are solely responsible for cancelling your membership. You can cancel at any time by either cancelling your membership online or by emailing us. You must cancel your payment a minimum of 5 days prior to the next automated payment in order for it to be processed, otherwise, you must pay for the following month.  Once you cancel your membership, you still have a 30 days free period use of your membership and associated Services.

WE MAY TERMINATE YOUR USE OF OUR SERVICES AT ANY TIME: We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your account and access to the website with or without notice and for any reason, including, without limitation, failing to pay your membership fees or a breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide in any information to any User or any Content you provide is untrue, inaccurate or incomplete, or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your profile, registration and information and terminate your account. We may also deny the use of our website and Services to you in the future in the event of any breach.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

In the event of any breach of our Terms or termination of your profile and registration, we are not required to provide any refund or part thereof.

 

LIMITATION OF LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage including but not limited to injury, death, loss of revenue or profits, loss of reputation, interruption of business, which may result directly or indirectly from your use of the Services or our website.

You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavour to keep the Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and whether our Website will be free of worms, viruses, Trojan horses or any other computer code that may adversely affect any communication. Any use of our website and reliance you place on information on our website is therefore strictly at your own risk.

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our website or for any action or inaction by you using our Services.

In addition, you agree to fully indemnify us for any and all claims as a result of you using our Services or for any third party claims which may result from your Content, or any business you conduct with any User or any reliance you place on Content including Job information.

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute apart from your rights that cannot be excluded, restricted or modified. In any case, our liability to you will not exceed $300AUD.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.

 

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.

All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

GOVERNING LAW

These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.

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