Our Terms of Service

TERMS OF USE

Last updated: 20.04.2020

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY SERVICES 

INTRODUCTION

Welcome to thisandthatmediaco.com (“Site”).

This Site  is owned and operated by This & That Media Co. (ABN 28 532 120 082 ) trading as This & That Media Co. (referred to in these terms as “This & That Media”, “This & That”, “we”, “us”, “I” and “our”).  This & That Media Co. is a business in Queensland, Australia. Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”).  These Terms together with our Privacy Policy are very important as they apply to all Site visitors, subscribers to our Subscription Packages, clients, customers, and all other users of the Site (“user”, “you” and “your”). 

CONSENT TO SITE TERMS OF USE 

By accessing and using this Site, our social media channels and any other materials made available to you including but not limited to our services, videos, downloading our template documents and purchasing packages (“Services”) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms.

By using the Site, accessing  or purchasing any Services, you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms; and

(c) will comply with these Terms.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also may accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site.  If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any enquiry or download.

INFORMATION ON THIS SITE IS GENERAL INFORMATION 

All content, including the Online Services made available to you on thisandthatmediaco.com, contains general information about our services, as well as general information about different areas of social media content creation and marketing and does not take into account your specific needs, objectives or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances. Your use of this Site, booking a free consultation or the enquiry of any of our great services, does not create an agency and client relationship even in circumstances where any content on this Site has been authored or created by a social media agency. You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site, using a free consultation or use of our services is not privileged or confidential. The services provided are not for household, domestic purposes but for business use.

ARE YOU MY AGENCY IF I USE THIS SITE, USE MY FREE CONSULTATION  OR ENQUIRE ABOUT OUR SERVICES? 

No. Although this Site is owned by a social media agency, we’re not acting as your agency and no agency-client relationship is created if you:

  1. use the Site; 
  2. Click download, enquire, contact us or a similar button to initiate a purchase of our services on this Site;
  3. Book a free consultation

No specific social media marketing (or other) advice is provided on this Site. We want to help you as best we can, but a personal, more productive relationship is something you’d have to chat with us about.  Any information, blogs, guides or any other information made available to you on this Site, through our newsletter or via our social media channels is general information only and does not take into account your specific needs or circumstances and should not be relied upon as such.  

Where you book and attend (whether in person or via electronic communication e.g. Zoom, Skype or mobile)  a free consultation you acknowledge and agree (as a binding contractual agreement between you and us) that all the information you receive during the free consultation is only general information and provided to you in a summarised form on social media and other topics and does not constitute marketing (or other) advice and should not be relied upon as such. But if you want more specific social media advice, then that can be arranged. That’s the next section. Take a look.

SO WHEN DO YOU BECOME MY SOCIAL MEDIA AGENCY?

Subject to a conflict of interest check, This & That Media Co. will only become your social media agency when the following occurs: 

  1. you contact us directly for social media advice that is specific to your needs or circumstances or when you purchase one of our services that includes the provision of social media advertising advice specific to your needs or circumstances; and 

after you have (i) accepted a specific proposal for those services, (ii) you have entered into an agency-client agreement with This & That Media Co.; and (iii)  are provided advice and approved creative brief within the scope of the services set out in the proposal.

Any social media advice provided under the accepted proposal and reflected in the signed agency-client agreement, will be  in accordance with the Competition and Consumer Act 2010 and associated rules and regulations and not these Terms. This & That Media Co. will provide you with specific documentation in relation to the proposal and agency-client agreement by separate communication.

IF YOU BECOME SOCIAL MEDIA AGENCY WHAT ABOUT THESE TERMS?

If a client engages This & That Media Co. to provide advice in relation to our Services and enters into an agency-client agreement, then these Terms will apply to any such client to the extent that they use the Site to access the Services, and will operate in conjunction with any agency-client agreement. In the event of a conflict or inconsistency between these Terms and a term in any agency-client agreement, the terms of the agency-client agreement will prevail. Be sure to be familiar with our agency-client agreement. It’ll be the one that stands.

INTELLECTUAL PROPERTY                                   

Ownership of Intellectual Property

The Site and Services contain intellectual property owned by This & That Media and by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Services or the Content.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Services, This & That Media’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Services, without refund, if you are found to be violating these Terms. 

Templates

By ordering or downloading our templates documents (including our Guides) whether directly or via our Subscription Services,  you are granted a non-exclusive, non-transferable, limited licence to access and use the template document for your own personal business use. You may not assign or transfer the template documents or your Subscription Package or its benefits to any other person without This & That Media’s express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate to find that out.

PRIVACY

These Terms also include our Privacy Policy which can be accessed here.

DESCRIPTIONS OF SERVICES                                                                

We try to be clear and informative when describing our Services and do our best to describe and display them as accurately as possible in a way that is easy to understand. Occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to service descriptions, pricing, promotions, offers and availability.  From time to time we may amend errors in pricing and descriptions. We reserve the right to refuse or cancel any order if any information on the Site (including our Services) is inaccurate at any time without prior written notice (including after you have submitted your order). Thanks for understanding.

SUBSCRIPTION SERVICES

Social Media Strategy Packages

On our Site we offer one subscription package for a 3, 6 and 12 month term as part of our Services, these are the Basic package, Moderate package and Professional package (collectively “Social Media Strategy Packages”). To access these services you must enter into an agency-client agreement and comply with these Terms.

You may express interest in any one of these Social Media Packages via our Site, the description of what is included is contained on the Site for your consideration.  Depending on the type of Social Media Strategy Package you’ve purchased, the This & That Media Co. Social Media Strategy Package may include the following benefits:

  • Access to all our social media software we use;
  • *unlimited scheduled consultation calls
  • Loyalty discounts on future subscriptions 5% (Basic) 10% (Moderate) and 20% (Professional) off future service purchases
  • **Strategy sessions (frequency is dependent on package selected)
  • Referral program discounts 10% for any qualifying referral ending up with purchase of our services.
  • Professional Photo & Video Content creation projects (number of projects dependent upon package selected)
  • Business branding content I.e. Professional Portraits
  • Web & graphic design capabilities

*The provision of social media advice via the 20-minute calls in the Social Media Strategy Packages (as applicable) are designed to be used for non-complex and short consultations and may include questions around the template documents or any general questions you might have. They are not designed to be used for complex, lengthy or urgent advice or advice that requires research and consultation.

**Strategy sessions are 1 hour in length.

***Content Creation projects may incur other charges e.g. shooting and editing services, these will be invoiced at cost and payable by you at the time they are incurred and do not form part of the monthly subscription costs.

Template Documents

You are solely responsible for the completion and use of the template documents unless you select your legal project to be for This & That Media Co. to customise a template as part of your selected Subscription Package.  We do not provide any warranties or guarantees regarding the template documents. If you have any questions or concerns regarding the template documents, you can utilise the scheduled consultation calls you are entitled to under your specific Subscription Package. We don’t bite!

Tailored Template Documents

Where we offer to tailor a template document for your specific needs, This & That Media as the provider of the social media services, will complete the template document and incorporate any feedback from you regarding the template document plus one round of amendments. Where you wish for the tailored template document to be negotiated with a third party or require more than one round of changes, this will be out of scope and we will inform you of the additional costs which will be on a fixed fee basis.

Content Creation Packages

On our site we also offer content creation packages as part of our services. To access these services you must enter an agency-client agreement and comply with these terms.

You may express interest in our content creation packages via our site where a description of what is included is contained in our site for your consideration. Depending on what the content creation project entails, the This & That Media Co. Content Creation Packages may include;

  • Loyalty discounts on future subscriptions 10% off future service purchases
  • Referral program discounts 10% for any qualifying referral ending up with purchase of our services.
  • Our professional editing software capabilities, sound design and colour grading
  • Professional camera equipment and lighting
  • Professional aerial drone photography and videography capabilities
  • Professional and competent camera operator(s)
  • 2 x Edit iterations on all content we produce (additional iterations will be out of scope and we will inform you of the added costs which will be on a fixed-fee basis)
  • Money back guarantee on our services if you are not satisfied upon project completion
  • Development sessions for content creation logistics and design (frequency dependent on package) 
  • Access to our professional licensed music library

*The provision of content creation advice via the 20-minute calls in the Content creation Packages (as applicable) are designed to be used for non-complex and short consultations and may include questions around the template documents or any general questions you might have. They are not designed to be used for complex, lengthy or urgent advice or advice that requires research and consultation.

** Content Creation Development sessions are 1 hour in length.

Creative Strategy Sessions

As part of our services we also offer creative strategy sessions. To access this service you must enter into an agency-client agreement and comply with these terms.

You can enquire about using this service via our site where a description of what is included is detailed for your consideration. Our creative strategy sessions include.

  • Access to our wealth of reports and analytics based on your needs;
  • Access to our tailored creative strategy template documents;
  • 2-hour development and pitching workshop 
  • Access to our case studies on previous client’s campaigns we have worked for 
  • Professional recommendation based on your needs and discounted access 10% to our resources to execute your project.

*The provision of creative strategy advice via the 20-minute calls in the creative strategy sessions (as applicable) are designed to be used for non-complex and short consultations and may include questions around the template documents or any general questions you might have. They are not designed to be used for complex, lengthy or urgent advice or advice that requires research and consultation.

Monthly Subscription Fee and Online Payment Security

The monthly subscription fees payable for each Subscription Package is based on the price we publish on our Site from time to time and will be specified on the invoice at the time of purchase.  We reserve the right to change the price and the products and services offered with the Subscription Packages at any time. The price, products and services included in your Subscription Package will be honoured for the subscription period from the date of purchase or upgrade. All payments must be paid in full upon receipt of an invoice.  

Your monthly subscription fee for the applicable Subscription Package can be paid by credit card through our secure online payment gateway or via online transfer. You must ensure that your payment details are accurate and kept up to date. You must inform us immediately should your payment details change. If payment is declined or late, your access to This & That Media Co. will be suspended until payment has been updated and you must pay all monies due on any template documents to the full value of those documents. 

Invoice Terms

When opting to pay via online transfer these terms apply for our invoicing system.

  • We do expect the payment outlined to be paid in full within 7 days of it being sent, so please process it within that time
  • We will send a reminder email to your nominated email address, if the invoice has not been paid, one day before the invoice date highlighted
  • There will be a 1.5% interest charge per week on late invoices, these charges will be notified to you on a weekly basis until the invoice has been processed
  • Once your invoice has been paid we will send through a remittance advice for your tax purposes where applicable.

We understand people can be busy running their businesses, and we trust you’ll get it to us on time. These terms are in place to cover ourselves and make sure we can still keep the lights on. 

Online Payment Security

Your monthly subscription fee can be paid by credit card through our secure online payment gateway.  Payment is made within 30 days of the start of your subscription. Credit Card details will be retained by the payment gateway used by This & That Media Co. to process your subscription payment. Subscription renewal will occur automatically unless you inform us you do not wish to continue in accordance with these Terms. You authorise This & That Media Co. to debit your account on the monthly cost of your chosen Subscription Package for the minimum term.  

Monthly calls, content creation projects, tailored documents and agency-client agreement

You are entitled to unlimited scheduled consultation calls (depending on the Subscription Package selected) to discuss any specific non-complex social media  or content creation concerns as part of that Package. In order for us to provide this part of the service, you will need to enter into our agency-client agreement which will be submitted to you for signing during the initial onboarding process. These Terms and the agency-client agreement will apply to your Subscription Package, content creation package and creative strategy sessions.

Cancellation and Refunds

Social Media Strategy

You may cancel your Subscription Package after a minimum of 3 months use, on 1 months written notice. You’ll appreciate that our subscriptions are designed so that you receive great value for money with costs spread out over 3, 6 and 12 month periods.  You begin to receive the full benefits of our template documents and services as soon as you sign-up to our services. We do not provide refunds or credits simply because your situation has changed or you have changed your mind. On receiving your confirmation of cancellation, we will calculate a payout figure you must pay taking into account any template documents and services accessed as part of your package and work provided.

Upgrade or downgrade of Subscription Package

You cannot downgrade your subscription plan during the 3, 6 and12 month terms of the subscription. You may upgrade at anytime.  Where you upgrade, the term will renew from the date of the upgrade.

Content Creation 

You may refund your content creation only once the whole project has been finalised. By no means can you cancel or terminate once you have entered an agency-client agreement. If you choose refund once the project has been finalised you do not get any access to the content we created or raw footage files we shot in line with the agency-client agreement. You are eligible to be refunded for the initial quote estimate we provided for our services and any add-ons, still have to be paid in full as well as template documents. 

Creative Strategy Sessions

Our creative strategy sessions are non-refundable and cannot be cancelled upon processing of payment. You may decide to reschedule if necessary. If you opt-against using our resources to fulfil your project to access the tailored document we create, we will calculate a payout figure you must pay in-full to use our IP with another party.  

Work that is NOT included

Other than the products and services specified on this Site that are applicable to each service, no other services are included as part of the Subscription Packages. If This & That Media Co. forms the view that the social media services provided via the monthly calls is complex and/or time consuming or requires research or additional consultation, we will inform you of this as soon as reasonably possible and will advise you of this and such work will be subject to additional costs. In such a situation, we will provide you with an estimate of our professional costs for that work in accordance with the Competition and Consumer Act 2010  and these Terms. Any quote provided for the additional services is outside the scope of your Subscription Package, you will therefore be required to purchase the same from this Site via our Custom Services or via a link provided to you and if applicable, enter into a agency-client agreement. 

Termination of Social Media Strategy Package

You must at all times comply with these Terms when using the Subscription Package and accessing your account. We reserve the right, in our sole discretion, to suspend or terminate your subscription or access to all or any part of your account, including if we believe you have abused the services in any way or have breached these Terms or the terms of the agency-client agreement.  Where the Subscription Package is terminated due to a breach of these Terms, the balance of the instalments due for the remainder of the term of the subscription will become immediately due and payable.

CREATING AN ACCOUNT

To place orders and access some features of the Site or the Online Services (including the Subscription Packages), you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old.  You will also be required to create a username and password. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. We reserve the right, at any time, to request a form of identification to verify your identity.  Don’t give us fake names and emails. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.

We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts This & That Media Co.’s reputation.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you.  If you’ve purchased our Services it will be charged at the price in force at the time a customer’s order is validated. We offer visitors who want to purchase from our Site the option to pay for the Online Services  by Paypal or credit card or such other method of payment as notified by This & That Media Co. from time to time. We try and stay flexible. You acknowledge and agree to make timely and full payments to This & That Media Co. for Services purchased.  Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise This & That Media Co. to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times.  Where you fail to make payment or payment is declined for any reason, This & That Media Co. may revoke your access to the Services, without refund. So don’t be that person. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites. 

WHEN YOU USE OR BUY OUR SERVICES WE WILL GIVE YOU A LIMITED LICENSE

Where any Services are downloaded by you or to which you are granted access, This & That Media Co. grants you a limited, personal, non-exclusive, non-transferable license to use the Services for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Services in any manner, except for modifications in completing the Services for your authorised use.

You shall not remove any copyright notice from any of the Services. Doing so may infringe on our intellectual property rights, as outlined below.

BE A GOOD PERSON

We’ve created this Site to be a helpful resource and guide to provide users with access to our Services. By using our Site we expect you to meet certain standards of behaviour, and to encourage that, we’ve set out some rules below.  You must:

  • not breach another person’s privacy and use their details without their consent to do anything on this Site or in connection with our Services;
  • Not use this Site in any way that is or may be damaging to this Site
  • Not use this Site to send unsolicited emails
  • Not interfere with anyone using this Site
  • Not use this Site to defame, harass, threaten or offend any person; or
  • Not help anyone else do any of the above.

USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS

We always appreciate interaction on our social media channels and feedback about our Services, as it helps us to improve our Site and our Services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments,  you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time. 

We reserve the right to remove a review or comment if such review or comment (a) contains libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.

Our Site features user reviews of the Services and blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of This & That Media Co. or its owners, shareholders, employees or others, but are the sole product of its creator. This & That Media Co. disclaims all liability with respect to any content submitted by the user or guest blogger.

DISCOUNTS

From time to time, we may offer discounts including exclusive client only discounts, any such discounts cannot be used in conjunction with another offer or discount. Basically what that means is its only 1 discount per purchase. Discount vouchers are not transferable and cannot be redeemed for cash under any circumstances.

COMPETITORS ARE EXCLUDED

You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. This & That Media Co. reserves its right to exclude and not permit any person using this Site or accessing its document in its sole discretion.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the Services including that:

  1. they are suitable, reliable, complete,  secure, accurate or fit for any particular purpose;
  2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  
  3. there is no possibility of failure to store communications or other data. 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by Australian Consumer Law (s64A of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be  responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT                                                         

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION         

Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.    

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.  

CHANGES TO THESE TERMS

This & That Media Co. reserves the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of This & That Media Co.’s Services. If at any time you choose not to accept these Terms, you should not use this Site.

HOW TO CONTACT US

If you have any questions regarding the above Terms, just connect with us via our contact page here, via our chat bot or via email to hello@thisandthatmediaco.com

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