Effective date: December 1, 2023
Terms and Conditions
Welcome to Dab Hand Marketing (we, us, or our). These terms and conditions (Terms) govern your use of our website (dabhandmarketing.com) and any associated services (Services) we offer. By accessing or using our website or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, please refrain from using our website or Services.
1. Acceptance of Terms
These Terms constitute a binding agreement between you (user) and Dab Hand Marketing. Your access and use of our website and Services signify your acceptance of these Terms and any additional terms and conditions that may apply to specific portions of the website or Services. Your continued use of the website or Services after the posting of revisions to these Terms constitutes your acceptance of those revisions.
2. Dab Hand Marketing Services
Dab Hand Marketing provides a variety of marketing-related services (Services) through our website. The specific nature of these Services may include website design and development (including using platforms like Webflow), search engine optimization (SEO), social media marketing, content marketing, and other digital marketing solutions. We reserve the right to modify, suspend, or discontinue any Service at any time without prior notice. We'll use commercially reasonable efforts to keep the information on our website accurate and up-to-date. However, you acknowledge that the information may contain inaccuracies or errors.
3. Website Development with Dab Hand Marketing
a. Third-Party Hosting: Please be aware that Dab Hand Marketing utilizes third-party hosting providers to deliver our website development services. These providers may include Webflow, Amazon Web Services (AWS), Shopify, or others depending on the specific needs of your project. While we strive to ensure optimal performance, these third-party providers are responsible for their own infrastructure and service uptime. Therefore, Dab Hand Marketing cannot be held liable for any downtime or service disruptions that may originate from these providers.
b. Project Timelines and Estimates: We understand the importance of clear communication and realistic expectations. During the initial consultation and planning stages, we'll provide you with a detailed project timeline and cost estimate. However, it's important to acknowledge that website development projects can sometimes involve unforeseen complexities. In such instances, we'll keep you informed of any potential adjustments to the timeline or budget and obtain your written approval before proceeding.
c. Ongoing Maintenance and Hosting: It's essential to consider the ongoing maintenance and hosting needs of your website after launch. While we offer website maintenance packages, these are separate from the initial website development project fee. We'll be happy to discuss various hosting options and maintenance plans to ensure your website's continued smooth operation.
4. User Accounts
You may be required to create an account to access certain portions of our website or Services. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to accept responsibility for all activities that occur under your account or password. Dab Hand Marketing reserves the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms.
5. User Conduct
You agree to use our website and Services only for lawful purposes and in accordance with these Terms. You agree not to:
6. Intellectual Property
The content on our website and Services, including text, graphics, logos, images, and software, is the property of Dab Hand Marketing or its licensors and is protected by copyright and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works of, or commercially exploit any content on our website or Services without our express written permission.
7. Disclaimer of Warranties
Our website and services are provided "As is" and "As available" without warranty of any kind, express or implied. Dab hand marketing disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Dab hand marketing does not warrant that our website or services will be uninterrupted, error-free, or virus-free.
8. Limitation of Liability
Dab hand marketing shall not be liable for any direct, indirect,
8. Limitation of Liability
Dab Hand Marketing shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services. This includes, but is not limited to, damages for loss of profits, loss of data, business interruption, or personal injury, even if dab hand marketing has been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify and hold harmless Dab Hand Marketing, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms.
10. Promotional Offers and Trials
Dab Hand Marketing may occasionally offer promotional discounts, free trials, or other incentives (collectively, "Promotions") for our Services. These Promotions will be subject to specific terms and conditions outlined at the time of the offer. We reserve the right to modify, cancel, or terminate any Promotion at any time without prior notice.
11. Minimum Commitments and Early Termination
a. Minimum Commitments: Certain Dab Hand Marketing Services, such as website development projects with initial discounted pricing, may require a minimum commitment period. This minimum commitment period will be clearly communicated in the project proposal or agreement. Early termination of such Services before the minimum commitment period ends may result in additional fees to compensate for the discounted pricing offered.
b. 3-Month Free Trial: In some instances, Dab Hand Marketing may offer a 3-month free trial period for website hosting after website launch. If such a free trial is provided, please be aware that it's contingent upon a minimum service term of 1 year following the trial period. This minimum term helps ensure project continuity and prevents situations where clients leverage the free trial to obtain a website and then migrate it to another hosting provider.
12. Payment Terms
a. Payment Methods: Dab Hand Marketing accepts various payment methods, which may include credit cards, bank transfers, or other options as specified at the time of service purchase.
b. Payment Due Dates: Payment for Services is typically due upon project completion or at the start of a service term, unless otherwise specified in a written agreement. Late payments may be subject to late fees and service suspension.
c. Price Changes: Dab Hand Marketing strives to maintain competitive pricing. However, we reserve the right to adjust pricing for Services at any time. We'll make reasonable efforts to notify you of any upcoming price changes before they go into effect.
What's the Purchasing Process?
The purchasing process involves everything from selecting a product to submitting your order. Here's a breakdown:
Order Submission and Obligation
Submitting an order creates a binding contract and obligates you to:
Prices and Fees
You'll be informed about any applicable fees, taxes, and delivery costs before order submission. Prices displayed on our website exclude taxes and other charges.
Offers and Discounts
We may offer discounts or special promotions for products. These offers are subject to specific eligibility criteria and terms outlined in the corresponding sections of our website.
Coupons
Discounts may be applied using coupons. We reserve the right to refuse fulfilling orders if the coupon's terms are breached.
Here are general coupon usage rules (specific rules for each coupon may vary):
Payment Methods
Information about accepted payment methods is displayed during checkout. Some methods may have additional conditions or fees.
We use a secure third-party service for payment processing. We don't collect your payment information like credit card details. We only receive a notification upon successful payment completion.
If a payment fails, we are not obligated to fulfill your order. We reserve the right to claim any related expenses or damages if a payment is refused.
Rights to Use Products
You don't acquire any rights to use the purchased product until we receive the full purchase price.
This revised version simplifies the information while maintaining the key points. You can copy and paste this directly into your website's terms and conditions section.
13. Hosting Services
a. Hosting Providers: As mentioned previously, Dab Hand Marketing utilizes third-party hosting providers for website hosting services. The specific provider may vary depending on your website's needs and our current partnerships.
b. Hosting Costs: Website hosting costs can vary based on several factors, including storage requirements, bandwidth usage, and any additional features or functionalities needed. The base advertised price (e.g., $99/month) may not always apply to all situations. We'll work with you to determine the most appropriate hosting plan based on your website's specific needs and provide a tailored quote during the project planning stage.
c. Hosting Responsibilities: Dab Hand Marketing is responsible for maintaining the technical functionality of your website hosted on our platform. However, you are responsible for providing content (text, images, videos, etc.) for your website and ensuring it complies with all applicable laws and regulations.
14. Client Content and Intellectual Property
a. Client Content Ownership: You retain ownership of all intellectual property rights associated with the content you provide for your website.
b. Grant of License: By using our Services, you grant Dab Hand Marketing a non-exclusive, royalty-free license to use your content for the purpose of delivering the Services to you.
c. Third-Party Content: You are solely responsible for ensuring you have the necessary rights and permissions to use any third-party content (text, images, logos, etc.) on your website.
15. Term and Termination
a. Term: These Terms will remain in effect until terminated by you or Dab Hand Marketing.
b. Termination by You: You may terminate these Terms at any time by discontinuing your use of our Services.
c. Termination by Dab Hand Marketing: Dab Hand Marketing may terminate these Terms with or without cause, and with or without notice, if you violate any provision of these Terms or if we no longer wish to provide the Services.
16. Force Majeure
Dab Hand Marketing shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, strikes, or power outages.
17. Governing Law and Dispute Resolution
a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Melbourne, Australia.
b. Dispute Resolution: Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the Australian
18. Confidentiality
a. Client Confidentiality: Dab Hand Marketing respects the confidentiality of all client information and will not disclose it to any third party without your prior written consent, except as required by law or to fulfill our obligations under these Terms.
b. Our Confidentiality: You agree to keep confidential any proprietary information of Dab Hand Marketing, including, but not limited to, our pricing models, marketing strategies, and intellectual property.
19. Entire Agreement
These Terms constitute the entire agreement between you and Dab Hand Marketing regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
20. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
21. Waiver
No waiver by Dab Hand Marketing of any breach of any provision of these Terms shall be construed as a waiver of any other or subsequent breach.
22. Amendments
Dab Hand Marketing reserves the right to amend these Terms at any time without prior notice. We will post the revised Terms on our website and the revised Terms will be effective immediately upon posting. Your continued use of our website or Services after the posting of revised Terms will constitute your acceptance of the revised Terms.
23. Headings
The headings used in these Terms are for convenience only and do not constitute part of these Terms and do not affect their interpretation.
24. Contact Us
If you have any questions about these Terms, please contact us at hello@dabhandmarketing.com.
Remember, while comprehensiveness is important, it's also crucial to maintain readability. Consider which sections are most relevant to your services and prioritize those for your final terms and conditions.
