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WHITING DIGITAL: Terms & Conditions

1. Introduction

Welcome to Whiting Digital Services, aka WHITING DIGITAL ("Company", "we", "our", "us"). These Terms and Conditions ("Terms", "Agreement") govern your use of our website, services, and products ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.

2. Services Provided

Whiting Digital provides a range of marketing solutions, including but not limited to, digital marketing strategies, website development, customer relationship management (CRM) tools, and other related services. These Terms apply to all users of the Services, including clients, visitors, and others who access or use the Services.

3. Client Obligations

As a client, you agree to:

Provide accurate and complete information as required for the use of our Services.Comply with all applicable laws and regulations.Use the Services solely for lawful purposes and in a manner consistent with these Terms.Not use the Services to transmit, distribute, or store material that violates the rights of third parties, including intellectual property rights.

4. Fees and Payment

All fees for our Services are outlined in your agreement with Whiting Digital. Payments are due according to the terms specified in your invoice or contract. Failure to make timely payments may result in the suspension or termination of Services.

Subscription Fees: Certain aspects of our Services may require subscription payments. By signing up for these Services, you agree to pay the applicable fees.Refunds: Refunds are provided in accordance with our refund policy, which is outlined in the service agreement. Refunds may not be available for certain services, including custom development or digital marketing campaigns.

5. Intellectual Property

Whiting Digital owns all intellectual property rights to the content, design, layout, and functionality of our Services, except where otherwise stated. This includes trademarks, logos, and proprietary software provided through our platforms. Clients are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose, subject to these Terms.

Client Content: Clients retain ownership of all content they provide to Whiting Digital for use within the Services. However, by providing this content, you grant us a worldwide, royalty-free license to use, reproduce, and modify it as necessary to provide the Services.

6. Account Security

You are responsible for maintaining the security of your account, including keeping your login credentials confidential. Whiting Digital is not liable for any loss or damage resulting from unauthorized access to your account.

Compliance: You agree to use the Services in compliance with all applicable laws, including data protection and privacy laws. You are also responsible for obtaining any necessary consents from your customers before using their data within our systems.

7. Termination and Suspension

We reserve the right to terminate or suspend your access to our Services, with or without notice, if you violate any part of these Terms or engage in behavior that we deem harmful to our business, other clients, or our platform.

Termination by Client: Clients may terminate their use of our Services at any time by providing written notice to Whiting Digital. Termination does not entitle you to a refund of any fees paid, except as otherwise provided in your service agreement.Effect of Termination: Upon termination of the Services, all licenses granted under these Terms will immediately terminate, and you must cease all use of the Services.

8. Limitation of Liability

To the fullest extent permitted by law, Whiting Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Services;Any conduct or content of any third party on the Services;Any unauthorized access, use, or alteration of your transmissions or content.

In no event shall our liability exceed the amount you paid us in the six (6) months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless Whiting Digital, its directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

10. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

11. Changes to Terms

We may revise these Terms from time to time, and the most current version will always be posted on our website. By continuing to use our Services after changes become effective, you agree to be bound by the revised Terms.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Victoria, Australia, without regard to its conflict of law provisions.