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Terms & Conditions

Effective Date: 19 September, 2024
Last Updated: 11 September, 2024
 

Welcome to Limitist. These Terms and Services ("Agreement") outline the terms under which you ("Client", "User," or "you") engage our services or use our website ("Site"). By using our services, you agree to comply with these terms. Please read this Agreement carefully before proceeding. If you do not agree with these terms, please do not use our services or Site.
 

1. Acceptance of Terms

By accessing or using our services or Site, you agree to be bound by these Terms and Services and our Privacy Policy. These Terms apply to all visitors, users, and clients of Limitist. If you enter into a separate agreement with us for services, the terms of that agreement will take precedence over these general terms in the event of any conflict.
 

2. Services

Limitist offers the following digital marketing services to clients:

  • Marketing Strategy and Consultation

  • Lead Generation and Sales Funnel Optimization

  • SEO (Search Engine Optimization)

  • PPC (Pay-Per-Click) Advertising

  • Social Media Management

  • Web Design and Development

  • Email Marketing and Copywriting

  • Analytics and Reporting

We reserve the right to modify or discontinue any service at any time without notice. In the event of cancellation of services, we will notify you promptly and refund any unearned fees.
 

3. User Accounts

To access certain features or services, you may be required to create an account. You are responsible for:

  • Maintaining the confidentiality of your account information, including your password.

  • Ensuring all information provided is accurate and up-to-date.

Limitist reserves the right to terminate your account or suspend access to our services if we detect any violation of these Terms or any fraudulent activity.
 

4. Service Fees and Payment Terms

By signing up for our services, you agree to the following terms regarding payment:
 

4.1 Pricing

  • Fees for services are outlined in the proposal or agreement specific to your project.

  • All prices are quoted in AUD unless otherwise stated.
     

4.2 Invoicing and Payment

  • Invoices are issued based on the agreed payment schedule (e.g., monthly, upon completion).

  • Payments must be made within 31 days of receipt of the invoice unless otherwise agreed.

  • Late payments may incur interest at the rate of 1.5% per month or the maximum allowed by law.
     

4.3 Refund Policy

  • We strive to provide high-quality services, but if you are not satisfied, you may request a refund. Refund eligibility will depend on the nature of the services provided and the amount of work completed at the time of the request.

  • Any refunds will be processed at our discretion.
     

5. Client Responsibilities

To enable us to provide services effectively, you agree to the following:

  • Provide all necessary materials and access (e.g., website credentials, campaign data) as required.

  • Respond to our requests for information promptly.

  • Be available for regular check-ins and feedback as required by the service scope.

Failure to provide necessary information or feedback in a timely manner may delay the delivery of services and could incur additional costs.
 

6. Intellectual Property
 

6.1 Ownership of Deliverables

All deliverables, such as marketing campaigns, websites, or content created by Limitist, will become the property of the client upon full payment of all invoices, unless otherwise specified in the individual service agreement. Until full payment is received, Limitist retains ownership of all deliverables.
 

6.2 Use of Client Assets

You grant us the right to use your logos, trademarks, and other intellectual property necessary to provide the services. You represent and warrant that you have all necessary rights and permissions to grant us such a license.
 

6.3 Intellectual Property of Limitist

All tools, templates, software, methodologies, and techniques used in providing the services are the intellectual property of Limitist. You may not reproduce, distribute, or publicly display any of our proprietary materials without prior written consent.
 

7. Confidentiality

Both parties agree to treat all confidential information exchanged during the course of the agreement as private and not to disclose such information to any third party without prior written consent. Confidential information includes any business, financial, technical, or client-related data not publicly available.
 

8. Termination of Agreement

This Agreement may be terminated by either party under the following conditions:

  • For Convenience: Either party may terminate the Agreement with 31 days written notice.

  • For Cause: Either party may terminate this Agreement immediately if the other party fails to perform or breaches any material terms of this Agreement.

Upon termination, the client will be responsible for paying all outstanding fees for services rendered up to the date of termination. Limitist reserves the right to suspend or cancel services if payments are not made in accordance with our payment terms.
 

9. Disclaimer of Warranties

Our services are provided on an "as-is" and "as available" basis. While we strive to provide high-quality services, Limitist makes no warranties, express or implied, regarding the services provided, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose.

  • Warranties regarding the accuracy, reliability, or completeness of the services.

  • Warranties that the services will meet specific performance expectations, generate specific outcomes, or operate error-free.
     

10. Limitation of Liability

In no event shall Limitist or its affiliates, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruptions. Our total liability in connection with this Agreement or your use of our services shall not exceed the total fees paid by you to Limitist during the six-month period preceding the date the claim arose.
 

11. Indemnification

You agree to indemnify, defend, and hold harmless Limitist, its affiliates, officers, employees, contractors, and agents from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of your use of the services, breach of this Agreement, or violation of any applicable law or regulation.
 

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Victoria.
 

13. Dispute Resolution

In the event of a dispute arising out of or related to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in accordance with the rules of Arbitration Institution. Each party shall bear its own costs and legal fees in any arbitration proceedings.
 

14. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised terms on our website. Your continued use of our services or Site after such changes constitute your acceptance of the new Terms.
 

15. Miscellaneous
 

15.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the services provided and supersedes any prior agreements, discussions, or understandings.
 

15.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
 

15.3 No Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.
 

15.4 Assignment

You may not assign your rights or obligations under this Agreement without the prior written consent of Limitist. Limitist may assign this Agreement to an affiliate or successor without your consent.

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If you have any questions regarding these Terms and Services, please contact us at:

Email: admin@limitist.com
Business: Limitist Media

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