Agreement for using our services
Terms of Service
These Terms of Service ("Terms") govern your use of No Bells' website and digital marketing services.
By using our website or engaging our services, you agree to be bound by these Terms.
Please read these Terms carefully before using our services. If you do not agree to these Terms, please do not use our website or services.
Last updated: December 2024
Acceptance of Terms
By accessing or using our website, contacting us through our forms, or engaging our services, you agree to be bound by these Terms of Service and our Privacy Policy.
These Terms constitute a legally binding agreement between you and No Bells.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Description of Services
No Bells provides digital marketing services including but not limited to website development, Google Business Profile management, content marketing, search engine optimization, and partnership development.
Services are typically provided over agreed engagement periods as outlined in individual service agreements or statements of work.
Specific deliverables, timelines, and service levels are detailed in individual client contracts and may vary based on client needs and project requirements.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.
Website Use
You may use our website for lawful purposes only and in accordance with these Terms.
You agree not to use the website in any way that could damage, disable, overburden, or impair our servers or networks.
You may not attempt to gain unauthorized access to any part of the website, other accounts, computer systems, or networks.
You agree not to use any automated means to access the website for any purpose without our express written permission.
Intellectual Property Rights
The website and its original content, features, and functionality are owned by No Bells and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without prior written consent.
Any feedback, comments, or suggestions you provide regarding our website or services may be used by us without any obligation to compensate you.
Client Responsibilities and Obligations
Provide accurate, complete, and up-to-date business information and contact details.
Provide timely access to necessary accounts, platforms, and systems (such as Google Business Profile, hosting accounts, social media accounts).
Respond to requests for information, feedback, or approval in a timely manner to avoid project delays.
Comply with all applicable laws, regulations, and industry standards in your business operations.
Respect intellectual property rights and not engage in any illegal, fraudulent, or prohibited activities.
Pay all fees according to the agreed payment terms and schedule.
Payment Terms and Billing
Service fees are typically billed monthly in advance unless otherwise specified in your service agreement.
Payment is due within 14 days of invoice date unless alternative payment terms have been agreed in writing.
Late payments may incur additional charges and may result in service suspension or termination.
All prices are quoted in Australian Dollars and include applicable taxes unless otherwise specified.
Disputed charges must be raised within 30 days of the invoice date. Undisputed portions of invoices remain payable.
We reserve the right to change our fees with 30 days' written notice.
Service Delivery and Performance
We will use commercially reasonable efforts to deliver services according to agreed timelines and specifications.
Service delivery timelines may be affected by factors outside our reasonable control, including but not limited to client responsiveness, third-party service availability, and force majeure events.
We reserve the right to modify our methodologies and approaches to achieve agreed project outcomes.
Any guarantees or service level commitments are as specifically outlined in individual service agreements.
Content and Materials
You retain ownership of any content, materials, or intellectual property you provide to us.
You grant us a non-exclusive, royalty-free license to use your content and materials for the purpose of providing services to you.
You represent and warrant that you have all necessary rights to any content you provide and that such content does not infringe third-party rights.
We retain ownership of our methodologies, processes, and any pre-existing intellectual property.
Work product created specifically for you during the engagement will be owned by you upon full payment of all fees.
Confidentiality
Both parties agree to maintain the confidentiality of any confidential information disclosed during the course of the business relationship.
Confidential information includes business strategies, customer lists, financial information, technical data, and other proprietary information.
This obligation survives termination of the service relationship.
Confidential information does not include information that is publicly available or independently developed.
Termination
Either party may terminate the service agreement with 30 days' written notice unless otherwise specified in the service agreement.
We may terminate services immediately if you breach these Terms or fail to pay fees when due.
Termination does not affect obligations that arose before the termination date, including payment obligations.
Upon termination, we will provide you with any work product completed and paid for as of the termination date.
You remain responsible for all fees incurred up to the termination date.
Warranties and Disclaimers
We provide services using professional skill and care consistent with industry standards.
However, we make no warranties regarding specific results or outcomes from our services.
Our website and services are provided "as is" without any warranties, express or implied.
We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.
We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
Limitation of Liability
To the fullest extent permitted by law, our total liability for any claims arising from or related to our services is limited to the total amount paid by you for services in the 12 months immediately preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
These limitations apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation of certain damages, so these limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless No Bells and its officers, directors, employees, and agents from any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from:
Your use of our website or services in violation of these Terms
Your violation of any law or regulation
Your violation of any third-party rights, including intellectual property rights
Any content you provide to us that infringes third-party rights
Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.
Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
Before pursuing legal action, both parties agree to attempt to resolve disputes through good faith negotiations.
If negotiations fail, disputes may be resolved through binding arbitration if both parties agree.
General Provisions
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and No Bells.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
We may update these Terms from time to time. Material changes will be communicated with reasonable notice.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
You may not assign your rights or obligations under these Terms without our written consent.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: hello@nobells.com.au
Address: Newcastle, NSW, Australia
We will respond to your inquiry within a reasonable timeframe.