Terms and Conditions
Effective Date: Jan 22, 2021
Last Updated: Jan 15, 2025
Introduction
Welcome to XMO Media (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Use of Services
1.1 Eligibility
- You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services.
- By using our Services, you represent and warrant that you meet the eligibility requirements.
1.2 Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Notify us immediately if you suspect unauthorized use of your account.
1.3 Prohibited Conduct You agree not to:
- Use the Services for illegal or unauthorized purposes.
- Violate any applicable laws or regulations.
- Interfere with the proper functioning of the Services.
- Attempt to gain unauthorized access to our systems or other users’ data.
2. Payment Terms
2.1 Pricing and Fees
- Prices for our Services vary based on the specific needs of each customer and are provided on a case-by-case basis.
- Prices will be communicated clearly during the proposal or service agreement phase.
- The currency for payment will depend on your location and will be specified in your agreement or invoice.
2.2 Billing Cycle
- Services are billed on a recurring basis, and cancellation requests must be submitted prior to the end of the current billing cycle.
- If you cancel at the beginning or during your billing cycle, you are required to complete the cycle. Our services will continue until the end of the paid billing period.
2.3 Refunds
- Refunds may be issued at our sole discretion.
- Contact us at joel.willis@xmo-media.com for refund inquiries.
3. Intellectual Property
3.1 Ownership
- All content, trademarks, logos, and materials provided through our Services are the intellectual property of XMO Media or its licensors.
3.2 License
- We grant you a limited, non-exclusive, non-transferable license to use our Services for personal or business purposes in accordance with these Terms.
3.3 Restrictions
- You may not copy, modify, distribute, or create derivative works based on our content without our express written consent.
4. Data Usage and Privacy
4.1 Compliance with Privacy Policy
- Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.
4.2 Third-Party Integrations
- Our Services may integrate with third-party tools. We are not responsible for the data practices of these third parties.
5. Disclaimers and Limitations of Liability
5.1 Disclaimers
- The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied.
- Results from our Services are not guaranteed. Testimonials and case studies reflect individual experiences and do not guarantee similar outcomes for all clients.
5.2 Limitation of Liability
- To the fullest extent permitted by law, we shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services.
6. Client Responsibilities
- Clients must provide accurate, complete, and timely information necessary for the delivery of Services.
- Clients agree to respond to requests, provide feedback, and meet deadlines as outlined in their agreement.
7. Ownership of Campaign Assets
- All materials created during the course of the engagement, including ad creatives, content, and strategies, are owned by XMO Media unless otherwise stated in the agreement.
8. Revisions and Edits
- Our Services include a specific number of revisions or edits, as detailed in the agreement. Additional requests may incur extra charges.
- Revisions must be requested within a specified time frame after delivery.
9. Confidentiality Clause
- Both parties agree to keep all confidential information, including business strategies, data, and proprietary tools, secure and not disclose them to third parties without prior consent.
10. Force Majeure
- Neither party shall be liable for delays or failure to perform due to events beyond their reasonable control, including natural disasters, pandemics, or governmental actions.
11. Performance Metrics and Reporting
- XMO Media will provide performance reports as outlined in the service agreement. The frequency and format of these reports will be agreed upon in advance.
- Performance metrics depend on various external factors beyond our control and do not guarantee specific results.
12. Third-Party Tools and Services
- We may use third-party platforms, such as Google Ads or Meta, to deliver Services. Clients are responsible for adhering to the terms and policies of these platforms.
13. Termination for Cause
- Either party may terminate the agreement if the other party breaches these Terms or engages in unethical or illegal conduct.
14. Indemnity
- Clients agree to indemnify and hold XMO Media harmless from any claims, liabilities, or damages arising from their content or non-compliance with applicable laws.
15. Governing Law and Dispute Resolution
15.1 Governing Law
- These Terms shall be governed by the laws of New South Wales, Australia, without regard to its conflict of laws principles.
15.2 Dispute Resolution
- Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with [Insert Arbitration Rules].
16. Changes to These Terms
We may update these Terms from time to time. Any changes will be effective immediately upon posting. Your continued use of the Services constitutes acceptance of the revised Terms.
17. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
XMO Media
10 Redgate Rd South Golden Beach NSW 2483, Australia.
joel.willis@xmo-media.com
+61417745933
By using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for choosing XMO Media.
