Salon Social Media Terms and Conditions



1. Engagement

1.1 You appoint Socialite Media Agency to provide, and Socialite Media Agency agrees to provide, the Services on these Terms from the Commencement Date. Socialite Media Agency / Salon Social Media will not commence providing the Services until the Fees payable for the first month have been received.

1.2 Each subscription is limited to the provision of the Services in respect of the Brand specified in the particulars and cannot be shared across multiple brands.



2 Binding terms and conditions 

2.1 Subject to law, these Terms are the only terms and conditions which are binding upon Socialite Media Agency in relation to the supply of Services to You.

2.2 Socialite Media Agency may change these Terms, or withdraw these Terms and impose new terms, by giving you 7 days written the notice.



3 Subscription Level 

3.1 By subscribing for the Services within a particular Subscription Level, You are engaging Socialite Media Agency to provide the Services relevant to that subscription Level on these Terms.

3.2 The provision of Services by Socialite Media Agency is strictly limited to the services applicable to Your current Subscription Level from time to time



4 Fees 

4.1 In consideration for Socialite Media Agency providing the Services, You must pay the Fees.

4.2 Unless specified otherwise, the Fees are inclusive of GST.

4.3 Socialite Media Agency may vary the Fees providing you with written notice. If you are on a monthly plan, the revised Fees will apply to the next month. If you are on a contract plan, the revised Fees will apply from expiry of the current contract agreement.



5 Payment 

5.1 By subscribing for the service you are obliged to pay monthly in advance for the services. This payment will be processed automatically via the payment method You provided to Socialite Media Agency.

5.2 Payment set up is for (1) one month in advance and ongoing weekly payments commencing on first day of this service. After (1) one month if you wish to opt out you will let us know (1) one month in advance.

5.3 If your payment fails we will inform You of the failed payment and make a number of attempts over a 2 week period.

5.4 Socialite Media Agency may in its absolute discretion: (1) charge you interest at the rate of 1.5% per month, calculated daily from the date the payment is due; (2) suspend the provision of the Services until payment is received; and/or (3) terminate the provision of the Services.

5.5 You must make all payments without set-off or counterclaim and must not for any reason withhold payment of any amount due to Socialite Media Agency under these Terms.



6 Advertisements 

6.1 Where the Services for a Subscription Level include Socialite Media Agency placing advertisements up to a particular value, Socialite Media Agency will plan for and use reasonable endeavours to spend the full amount each month. Subject to clause 6.2 there will be no refunds given or credit transferred to the subsequent months if the full amount is not spent in a month.

6.2 If the amount spent on advertisements is less than 75% of the nominated amount, the unused amount will be transferred to the budget for the next month.

6.3 Socialite Media Agency is not obliged to provide any refunds for a portion of the nominated amount that has not been spent if the Services are canceled for any reason.



7 Term and Cancellation 

7.1 By subscribing for the service you agree to a minimum commitment of one (1) month, after which Socialite Media Agency will provide the Services on a month to month basis until written notice of cancellation is provided in writing via email.

7.2 If you wish to opt out you will notify Socialite Media Agency in writing with (1) one months notice.

7.2 upon terminating the service within 7 days prior to your next scheduled weekly payment date. All future payments will stop and the last (1) month of service will be provided.

7.3 Socialite Media Agency may immediately terminate the provision of the Services at any time on written notice. Any refund or Fees paid in advance for part of a month in which the Services will not be provided is at the absolute discretion of Socialite Media Agency.



8 Third Party Sites 

8.1 The provision of the Services may rely on websites operated by third parties (Third Party Site) which are not under the control of Socialite Media Agency. Socialite Media Agency is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of Third Party Sites.

8.2 You link to any Third Party Sites entirely at your own risk and Socialite Media Agency is in no way liable or responsible for any advertising, products or materials on or available from the Third Party Site.

8.3 Socialite Media Agency is not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Third Party Site.



9 Confidentiality

9.1 Socialite Media Agency will maintain the confidentiality in all confidential or commercially sensitive information that You provide to Socialite Media Agency in connection with the provision of the Services.

9.2 The obligations in clause 9.1 do not:

(1) apply to information that is in public domain, already in possession of Socialite Media Agency or which Socialite Media Agency receives from a third party;

(2) prevent Socialite Media Agency from disclosing the information if required by law, court order or for the purpose of obtaining legal advice;

(3) prevent Socialite Media Agency from using the information in an anonymous and aggregated manner to assist Socialite Media Agency in the conduct of its business.



10 Exclusions and limitations 

10.1 To the maximum extent permitted by law, the only conditions and warranties that are binding on Socialite Media Agency in respect of the Services are those imposed and required to be binding by statute. All other conditions and warranties whether express or implied by law are expressly excluded.

10.2 Socialite Media Agency Salon Social Media is not liable for any delays in providing the Services, and no refund of Fees will be provided, that are contributed to or caused by You failing to provide Socialite Media Agency with information or access to assets requested by Socialite Media Agency.

10.3 You acknowledge that the Services are commercial in nature and constitute a business to business relationship between Socialite Media Agency and You.

10.4 The liability of Socialite Media Agency under any condition or warranty that cannot legally be excluded is limited to (at the option of Socialite Media Agency ) supplying the Services again or paying the cost of having the Services supplied again. If the failure constitutes a major failure, You will have the option of electing the appropriate remedy.

10.5 You undertake not to make any claim under or in connection with these Terms unless it is based solely on and limited to the express provisions of these Terms. In particular, You must not make and claim against Socialite Media Agency for any negative impact on You. Your business or Your associates arising from the provision of the Service in accordance with these Terms. 10.6 Except to the extent provided in this clause 9, Socialite Media Agency has not liability including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation the Services.



11 Indemnity

11.1 You indemnify Socialite Media Agency against:

(1) all losses and liabilities incurred by Socialite Media Agency; and

(2) all fees, costs and disbursements actually paid or payable by Socialite Media Agency to its own legal representatives whether or not assessed under a retainer or cost agreement) and other expenses incurred by Socialite Media Agency in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) arising directly or indirectly as a result of or in connection with the supply of Services by Socialite Media Agency to You, except to the extent caused by willful misconduct on the part of the Socialite Media Agency or Socialite Media Agency incurring a liability to a third party other than in connection with the supply of Services.

11.2 You must pay to Socialite Media Agency all liabilities, costs and other expenses referred to in clause 10.1, whether or not Socialite Media Agency has paid or satisfied them. 1



2 Subcontracting and assignment

12.1 Socialite Media Agency may subcontract the performance of the Service, or assign any or all of its rights under these Terms, to any third person in its absolute discretion.

12.2 You may not assign or otherwise deal with your rights under these Terms except with the prior written consent of Socialite Media Agency.



13 Notices 

13.1 Notices under the Terms may be delivered by email to the third parties at its address set out in the particulars. Notice will be deemed given:

(1) In the case of email, on the date of the email; Except that, an email received after 5.00pm (local time of the receiving party) will be deemed to be given on the next business day



14 Non-Poaching 

14.1 Except as otherwise provided by law you or any entity related to you shall not solicit or employ any Socialite Media Agency staff or any person contracted directly by Socialite Media Agency to undertake work similar to the work being provided by Socialite Media Agency under this agreement within the same state and industry being provided under this agreement.



15 Miscellaneous 

15.1 If a party is prevented or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, the obligation to perform is suspended during the time, but only to the extent that compliance is prevented or delayed. Nothing in this clause 13.1 relieves a party from any obligation to pay money.

15.2 If any part of these Terms, being a whole or part of a clause, is held to be unenforceable or invalid then it is severed without affecting any other part of these Terms.

15.3 A waiver is not effective unless it is in writing. A waiver of a power or right and the exercise of a power of right does not preclude either its exercise in the future or the exercise of any other power or right.

15.4 The law of the state of Victoria governs these Terms and the provision of the Services. You submit to the non-exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia in connection with any dispute arising in relation to these Terms or the provision of the Services.