These Terms of Service (“Terms”) set out how Social Hippos (“we,” “us,” “our”) provides digital marketing and related services to you (“you,” “your,” “Customer”). By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.
1. Background
You have requested, and we have agreed to provide, certain digital marketing and related services (“Services”) under these Terms and in accordance with the agreed proposal or quotation (“Quote”).
2. Definitions
- Additional Fees: Extra charges for services beyond the original scope.
- Additional Services: Services outside the agreed Quote.
- Confidential Information: Business, technical, or financial information not publicly available.
- Customer Material: Content, branding, images, data, and materials you provide.
- Data: Any data or content you input or upload.
- Fees: Charges for Services as set out in the Quote.
- Force Majeure: Events outside our control (natural disasters, strikes, government restrictions, pandemics).
- GST: Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Intellectual Property (IP): Rights to creative works, trademarks, designs, code, and related materials.
- Quote: Proposal specifying Services and Fees.
- Underlying Systems: Software, platforms, and systems used to deliver Services.
- Working Day: Any day other than a weekend or Australian public holiday.
3. Interpretation
Words in the singular include the plural and vice versa. Headings are for convenience only. References to laws include amendments or replacements. Written communication includes email unless otherwise agreed.
4. Notices
Notices may be delivered by hand or email. Email notices are deemed received within one hour unless delivery failure is returned. Notices outside business hours are deemed received on the next Working Day.
5. Services We Provide
We will deliver Services as per the Quote once Fees are paid. Requests for Additional Services require written confirmation and may incur Additional Fees.
6. Service Delivery
We will use reasonable efforts to meet timelines. If delays occur, we will notify you and agree revised schedules.
7. Acceptance Testing (if applicable)
You may supervise testing at your own cost. Acceptance is deemed unless concerns are raised within 2 Working Days. If issues are raised, we may remedy, provide Services under agreed conditions, or terminate the affected portion.
8. Customer Responsibilities
- Use Services only for lawful purposes.
- Do not resell, misuse, or attempt unauthorised access.
- Provide all required Customer Material promptly.
- Comply with third-party platform terms (Google, Meta, LinkedIn).
- Indemnify Social Hippos where Customer Material infringes IP or causes disputes.
9. Fees & Payment
Fees are outlined in your Quote. Payment must be made by the invoice due date. Late payments may result in suspension until settled.
10. Expenses
You agree to cover all pre-approved travel and related expenses where required.
11. Data
You are responsible for consents for us to use Data. We process Data in line with Australian privacy laws. You indemnify us against third-party claims relating to your Data.
12. Intellectual Property
IP in our Services remains ours. Your Customer Material and Data remain yours, but you grant us a licence to use them for delivering Services. Deliverables are yours once Fees are paid. We may display completed projects in our portfolio unless agreed otherwise.
13. Confidentiality
Both parties must keep Confidential Information private unless disclosure is required by law.
14. Limitation of Liability
We provide Services with reasonable care but do not guarantee outcomes (sales, leads, rankings). To the extent permitted by law, we are not liable for indirect or consequential losses.
15. Force Majeure
We are not liable for delays caused by events beyond our control.
16. Termination
Either party may terminate Services with written notice per the Quote. We may suspend or terminate immediately for non-payment, breach, or unlawful activity.
17. Governing Law
These Terms are governed by Australian law. Disputes are subject to the courts of the State or Territory in which Social Hippos is registered.
18. Changes to Terms
We may update Terms from time to time. The latest version will always be available on our website with the updated effective date.
19. Contact Us
Social Hippos
📧 info@socialhippos.com