These are Media Junkies (“we” or “our”) standard Terms and Conditions which will apply to every agreement when you as the Customer engage with Media Junkies to perform its services. Media Junkies reserves the right to choose who it does business with. When providing our services, we may also need to supply product/s.
Media Junkies reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes made in such revision take immediate effect once the Customer is notified of such a change.
1. Media Junkies represents and warrants that Media Junkies has all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.
2. Media Junkies holds all necessary licences and permits required in order to allow Media Junkies to perform the services. Where there are any applicable industry standards and codes, they will at all times be complied with by Media Junkies. Media Junkies and all Media Junkies’ employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.
3. In order for Media Junkies to perform the services it may be required for the Customer to provide login details to existing email accounts, social media platforms, blogs and forums. In addition it may be required to add Media Junkies staff as managers, editors or administrators to new and existing accounts in order to perform the requested services.
4. If an event occurs that is beyond the reasonable control of Media Junkies which prevents Media Junkies from performing the service on or by the date agreed, Media Junkies will immediately notify the Customer and give an estimate of the time for completion of the service.
5. In most cases Media Junkies will provide all equipment and all materials as may be necessary to properly and efficiently perform the service. However the Customer agrees that they may be required to provide additional materials, equipment or service.
6. It is Media Junkies policy to keep the management of social media platforms for its Customers confidential wherever possible. Media Junkies will not actively disclose this relationship to third parties unless Customer has agreed to this in writing. However, the Customer acknowledges that:
(a) It may be visible to others that Media Junkies manages, hosts, nurtures, edits, and publishes posts, comments or any other form of online content on their behalf;
(b) It may be impossible to fully conceal this fact
(c) Where it is possible, Media Junkies will white-label its services for an additional fee
7. If the Customer requires a variation to the service, Media Junkies will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer. If the Customer does not accept the quotation, Media Junkies is not obliged to carry out the variation.
8. Media Junkies may use sub-contractors to provide any of the service. In such circumstances, Media Junkies will ensure that:
(a) The sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a proper and workman-like manner;
(b) The sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by Media Junkies be a breach any of these terms;
(c) The sub-contractors so engaged have current or necessary insurances.
ACCEPTANCE OF THESE TERMS
9. Any act by the Customer or those legally acting on behalf of the customer which requests Media Junkies to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.
10. Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of Media Junkies.
11. In the event there is more than one party as a Customer to these Terms and Conditions, all Customers will be jointly liable for these Terms and Conditions.
12. Should the Customer cancel the engagement of Media Junkies after it has been accepted, the Customer agrees they may be held liable for any costs incurred by Media Junkies in relation to the provision of the services and/or provision of products up to the point of cancellation.
OCCUPATIONAL HEALTH AND SAFETY/WORKPLACE HEALTH AND SAFETY
24. The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.
25. The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.
26. The Customer will ensure that Media Junkies will have unencumbered and unobstructed access to the area/s of the premises requiring the service.
27. Media Junkies will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices.
LIMITATION ON WARRANTY
29. Media Junkies warrants that all the service it performs including any product it supplies as part of the service will be fit for its intended purpose, will be capable of being used by the Customer for its intended purpose and will perform in accordance within its applicable specifications (if any).
30. All statutory warranties that can be lawfully excluded are hereby expressly excluded.
31. To the extent permitted by law, Media Junkies is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to Media Junkies’ service or products supplied.
32. Where the service is not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of Media Junkies is limited pursuant to s.64A of the Competition and Consumer Act 2010 (Cth) to, at the discretion of Media Junkies:
(a) the supplying of the service again; or
(b) the payment of the cost/s of having the service supplied again.
33. It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of Queensland and each Party covenants that it submits to the jurisdiction of the Courts of Queensland for the resolution of any dispute under the Agreement.
34. Neither Media Junkies nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.
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