DASH ACADEMY TERMS OF USE.
1. Appointment
1.1. We agree to provide the services agreed to in writing, quote or proposal, in consideration for the payment of the fees specified in our quote in accordance with the terms of this agreement.
2. Quote
2.1. You will have been provided an estimate fee for provided fees based on the overviewed inclusions provided with this estimate
2.2. In certain circumstances, we may choose to provide you with additional services without providing a written quote. In those circumstances, the terms of this agreement will apply to those services.
2.3 Any quotes issued by us are only available to be accepted within 30 days of issue, after which the quote becomes invalid unless otherwise ratified by us or agreed in writing.
3. Services
3.1. The Services may be provided by any employee or partner of the academy, if it is required
3.2 We may subcontract the provision of any Services to a third party without notice to you.
3.3 You must not, during the term of this Agreement or the period of 12 months after the expiry of this Agreement, approach any persons or businesses engaged by us either as an employee, contractor or service provider with the aim of obtaining services directly from that person.
3.4 If additional hours are needed, this will be billed at $150 per hour, excluding GST for standard tasks or needs, or $300 per hour for training and coaching
3.5 Training and course content is provided by Dash Academy, and this is not open to be changed, updated, altered or copied in any way
3.6. You acknowledge that the services are provided based on our understanding of you, your business and your instructions and, whilst all due skill and care will be taken, you indemnify us against any liability or damages suffered in association with the provision of the Services, including but not limited to:
(a) content that you are directed to, advised or encouraged to post (b) campaigns that you are directed to, advised or encouraged to post (c) Loss or damage suffered through any activities or strategies you are advised, directed or encouraged
3.7 You acknowledge that throughout your training, we may give suggestions and encourage online activities or actions. Further, you acknowledge: (a) we do not have any particular expertise, knowledge or experience in your industry or in the subject matter of your business; (b) we are not aware of any applicable industry laws, regulations, guidelines or practices that may impact on the provision of the Services; and (c) we rely on you to be aware of any such information; and you release us from any liability for and indemnify us against any losses or damages suffered by us or by you as a result of a breach of any such industry laws, regulations, guidelines or practices.
3.8 You acknowledge that we do not have any control over some of the platforms that we train in, including but not limited to Facebook and Instagram, and as such we cannot guarantee that such platforms will facilitate the provision of the training, in any given way or in the way intended.
4. Course, Training + Assets
4.1 All efforts are made to train, promote and encourage accurate, relevant information, which aligns with the recommended best practice, current platform structure and algorithm standards, but you acknowledge at times the content or information may not align with these.
4.2 You understand training, courses and assets are provided with the intent that the student or buyer will implement the material or advice, which is the value of the product
4.3 When you purchase a Digital Product, you are granted a single non-exclusive, revocable, royalty free worldwide licence to the product you have purchased. All Digital Products are for personal use only.
4.4 This is the grant of a licence, not a transfer of title, and under this licence you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
4.5 Sharing, reselling or distribution of Digital Products, as well as any other proprietary information owned by Dash Academy is prohibited.
4.6. We do not warrant that the Services will have any specific impact or improvement on your business, including its profitability, renown or public image.
4.7 Any calculations or estimates provided to You are estimates only, and are not warranties or guarantees. We are not able to guarantee results.
4.8 Upon joining a course or program offered, you may be given access to a members' only area through a secure login using an email and password and a link. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this site and will not sell any of its content without written permission.
4.9 Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
8. Term
8.1. If your package or service includes a training session, you have three months (90) days to schedule this session. No refund or substitute will be provided if this is not scheduled.
8.2 For scheduled sessions, these will be based on Dash Academy availability
8.3 Payment is required upfront, unless agreed otherwise
8.4 If a reschedule is needed by the student, three rescheduled sessions are allowed before the session is cancelled and payment remains due or retained
9. Invoicing and payments
9.1. Invoices are due within 7 days of issue.
9.2 Payment may be requested in full, or if agreed, in two 50% payments, unless otherwise presented
9.3 If 50% is agreed, the initial payment is due up front, and the second 50% is due prior to the final session or agreed final date of service provided
9.4 If an invoice remains unpaid for 14 days, we reserved the right to revoke access to assets, without refund of any spend.
9.5 The agreed hourly rate is $150 + GST(a) for any services provided by us which are not within the scope of an agreed Quote or Services we are to be paid according to an hourly rate; (b) our hourly rate as at the date of this agreement is $150.00 (excluding GST); (c) our hourly rate may change from time to time in accordance with industry standards, inflation or otherwise; (d) the hourly rate is calculated with reference to all time spent by us in order to provide the additional services, including time spent communicating with you as well as time spent providing the services, to determine the total amount payable by you for those services; (e) an hourly rate of $300 (excluding GST) is determined for training or coaching offerings specifically
9.6. If you choose to pay any Fees or other amounts to us by direct debit:(a) you hereby authorise us to debit the nominated card or account on each due date for payment of our fees and any associated processing or transaction fees; (b) you agree to the terms of our direct debit agreement which will be provided to you at the time of choosing this payment method;(c) you can cancel the direct debit arrangement at any time (d) any payments that are taken by direct debit will not be refunded unless otherwise required by law; and (e) any additional payments taken by our direct debit provider due to technical fault or malicious actions for amounts above and beyond the amounts due and owing by you are the responsibility of our direct debit provider and you release us from any liability for losses or damages suffered as a consequence. We will use all reasonable endeavours to assist you in obtaining a refund or return of any such amounts from our direct debit provider. (f) if a direct debit is cancelled or declines, due payments still remain payable in full
9.7 Any failure by you to make payment as and when due pursuant to the above terms will entitle us to exercise a lien over any files, documents or information held by us, including partially completed or completed products produced by us.
10. Refunds
10.1 Subject to clause any amounts that are paid to us pursuant to the terms of this Agreement will not be refunded in any circumstances including if you change your mind, if you disagree with our creative opinion or if you require additional services that are outside of the scope of the Services.
10.2 Due to the digital nature of our products and courses, we do not offer a refund except where required by Australian Competition and Consumer Commission Law, therefore the onus is on you to read the product page thoroughly.
11. Confidentiality
11.1. In this clause, Confidential Information includes any information of a confidential nature including information about either parties’ business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers, and in relation to us it includes our Fees, pricing structure, pricing packages, and any other fees provided to you in a Quote or in writing.
11.2. You hereby authorise us to:(a) Inform third parties that you are our client;(b) Direct third parties to any website, page or app which forms part of your online or social media presence;(c) Give copies of any content from your page that is created as part of the Services to prospective clients, industry bodies, or any organizations which are considering the content or our work for the purposes of a competition or granting an award;(d) publish information, data and statistics regarding the outcome and results of any Services provided to you for the purposes of advertising our own business; and(e) Do any other acts or give any other information that is in the public realm to any person or organisation for the purposes of showcasing the work which we have performed on your behalf.14.4. You hereby indemnify us against any loss or damage suffered by you as a result of an authorised third party’s use of the Confidential Information.
17. General liability and indemnity
17.1. You hereby indemnify and hold us harmless from and against all claims and losses arising from loss, damage, liability, injury to us, your employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to you by us, our employees or suppliers, or supplied to us by you within or without the scope of this agreement.
17.2. Our liability under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by you under this agreement.
17.3. Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
18. General.
8.1. Dispute resolution. If a dispute arises, before any proceeding is commenced the party claiming that a dispute has arisen must give 14 days notice to the other party setting out the dispute and seeking discussion and compromise to resolve the dispute.
18.2. Force majeure Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that party.
18.3. This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland.
18.4 You agree that any claims, statistic, general comments and statements around results and outcomes are general in nature and should never be considered an indication of exact results you can expect
18.5 We don’t confirm any specific outcomes or results from any of the provided services
18.6 Refunds will not be provided for a lack of results or outcomes
18.7 Dash Academy reserves the right to refuse access or discontinue service to any part of the Site or to any Digital Product to any order, person or entity without obligation to assign a reason for doing so.
18.8 We endeavour to describe and display Digital Products as accurately as possible. While we try to be as clear as possible, please do not accept that it is entirely accurate and error-free. From time to time, we may correct errors in pricing and/or descriptions. We reserve the right to refuse or cancel an order with an incorrect price listing.
18.9 Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
