Terms and Conditions
General Terms of Business
1. Important Notice
By entering into this services agreement (“Services Agreement”) with the Company, the Client agrees to be bound by the terms and conditions of the Services Agreement. The Services Agreement will take effect once the Client has accepted the Services Agreement and will be binding for an agreed upon period.
These terms will be deemed accepted upon the Company’s acknowledgment and receipt of any fees or deposits to engage the Company to commence the Services, or via electronic acceptance ( e-mail and/ or electronic signature) to a provided copy of these terms.
2. Definitions and Interpretations
“Company” refers to Remove Digital
“Client” refers to the business or individual that engages the Services of the Company by agreeing to such Terms
“Services” refers to one, any or all of the services listed in our Company website that the Client has chosen to avail of and was identified and discussed with the Company
3. Confidentiality And Mutual Non-Disclosure
The Company and Client may reveal technical, business or personal information to each other at times as a result of performing the Services that the disclosing party wishes the receiving party to accept as “Confidential Information”.
"Confidential Information" is any information that is not publicly available and that is disclosed by either party to the other, whether directly, indirectly, in writing, orally or by examination of tangible objects. Among the items that are confidential are software, documentation, formulas, know-how, methods, processes, business models, prototypes, new products, samples, marketing data, marketing plans, customer names, pricing strategies and terms, information obtained from third parties that was treated as confidential, and any other information about the parties that was not generally known. It covers the disclosure of confidential information to one party by a subsidiary, affiliate, related company, and/or agent of the other party.
Any information that:
- i) was publicly known and made generally available in the public domain before the disclosing party disclosed it shall not be considered Confidential Information;
- ii) after disclosure by a party to a recipient, becomes publicly known or generally available through no action or inaction of the recipient. As likely to be shown by the receiving party's files and records immediately prior to the time of disclosure;
iii) was already present on the receiving party's premises when the disclosing party disclosed it;
- iv) The receiving party obtains the information from a third party without breaching such a third party's confidentiality obligation; and
- v) Documents and other competent evidence in the possession of the receiving party demonstrate that the receiving party did not use, analyze, or incorporate the receiving party's confidential information into its own product or services.
As a condition of the Services, each party agrees not to use the other party's Confidential Information for any purpose other than performing the Services. In order to prevent any disclosing of Confidential Information, the parties have agreed not to disclose any of the other party's information to third parties, except for the following instances
- i) required by law, regulation or legal process or if requested by any government agency;
- ii) it is advised by counsel that it may incur liability for failure to make such disclosure;
iii) requested to by the other party; provided that in the event of i) or ii) the disclosing party shall give the other party reasonable prior notice of such disclosure to the extent reasonably practicable and cooperate with the other party (at such other party’s expense) in any efforts to prevent such disclosure.
Upon the Client's cancellation, the Company will store any and all confidential materials, information, data, or content provided by the Client or on the Client's behalf for up to 60 days after the cancellation. An exception to this are the electronic communications between the parties which are securely stored but shall not be destroyed upon the end or cancellation of the services.
These services are considered confidential intellectual property of the Company, therefore it cannot provide evidence or details regarding the strategies, submissions, or methods used to deliver them. The Company warrants that all means and methods used in performing and providing the Services are in accordance and in compliance with all applicable American laws, rules and regulations.
IV. Limitation of Liability
To the extent not prohibited by applicable law, the Company is not liable for any of the following:
- faults, defects, inaccuracies and misrepresentations provided by third parties in
connection with this Agreement;
- any special, indirect or consequential loss, (those of which include, without limitation,
pure economic loss, loss of profits, loss of revenue, loss of business, depletion of
goodwill and like loss, data loss or corruption ) howsoever caused (including as a
result of negligence) regardless if such losses were foreseeable or not;
The Company’s total and aggregate liability for any and all claims relating to this Agreement shall be limited to and not exceed the amounts actually paid for by the Client, shall it arise based on contract, tort or otherwise.
The Company makes no warranties or representations, express or implied, that the Services it provides will always result in success, unless those required under Australian Consumer Law.
To the extent permitted by law, the Company's liability for breach of a non-excludable condition is limited to the following:
- Providing the Services again;
- by paying for the provision of the Services again.
The Client shall defend, indemnify, and hold the Company harmless from and against any and all claims, actions, expenses and costs, proceedings,, liabilities, losses, demands, and damages, related to any of these:
- the Client violates this contract;
- negligence on the Client's part;
- any third-party claims caused directly or indirectly by the Client's usage of the
- Infringement of intellectual property, personal information, moral rights, or
Client agrees to indemnify and hold the Company, its officers, directors, and employees harmless of any loss resulting from actions undertaken during the course of the Services.
V. Payments, Refunds & Guarantees
The approved payment methods include Visa, Mastercard, Amex and automatic direct debit from our nominated bank account for payment of the Services. When a Client makes a deposit or first payment, the Company securely stores details of any subsequent payments and uses these to charge the balance of fees.
In all cases, unless otherwise agreed, Reputation Management campaigns run for the calendar month.
If Reputation Management campaigns have been paused without written company approval, they cannot be resumed.
Payments and deposits made to date cannot be refunded to the Client if a termination request is made before the end of the agreed upon term. It is understood that the Client will still be liable for any costs the Company has already incurred to provide the Services.
It is understood and agreed that the Company's advice does not constitute legal advice, and that it should not be considered as an alternative to legal advice.
It is important to comply with American laws and regulations when engaging the Company to provide services to the Client. The United States is considered the place of jurisdiction for the rendering of the Services. The courts of the United States, will have exclusive jurisdiction in the event that a dispute arises between the Client and the Company.
By entering into the Agreement, the Client warrants that it has the authority and capacity to do so.
For any damages or losses incurred as a result of or in connection with the provision of the Services, the Company will accept no liability whatsoever (except as is stipulated by law).
Clients are not allowed to modify, amend, or otherwise alter the Agreement unless the Company agrees in writing. Such Terms may be amended by the Company at any time without notice. By working with the Company, the Client agrees to abide by the terms in force at the time of engagement. To ensure you are aware of any updates on the website, please check it periodically.
Any invalid provision of this Agreement shall not affect the validity of the other provisions of the Agreement. All remaining provisions of the Agreement will remain valid.
If the Client attempts to employ or attempt to employ any person who is, or shall at any time during the Term hereof and the date of such termination be, one of the Company's employees engaged in providing the Services, during the Period hereof or within 12 months of ceasing the Company's services (as the case may be), then it will be in violation of this Agreement.
In addition to any other intellectual property created during the Service, the Company retains the rights to any designs, artworks, software, or materials provided by the client.
I. Content Removal Terms
These Terms apply to the provision of Content Removal services by Remove Digital, as defined herein, to clients who enter into an agreement with the Company.
These terms apply in addition to and in conjunction with the Company's General Terms and Conditions. Definitions used in the Terms of Business shall likewise apply herein.
“Content Removal” refers to Remove Digital’s proprietary online content removal services that are identified in a quote or proposal provided to the Client in this website, or via any other form of communication.
“Target Content” refers to online content, reviews, articles, sound files, or videos, that have been identified and mutually agreed upon by the Company and its Client as potential targets for Content Removal.
The "Nominated Publishers" are the websites that are designated to host and/or display the Target Content on the Internet. When a search engine (eg Google) de-indexes a page, it means the website will no longer be displayed by the search engine; however, it does not mean the website will be removed from the internet.
II. Terms of Service (Content Removal)
The Company agrees to provide the Services identified, and the Client agrees to pay for such Services based on and pursuant to the terms of this Agreement and the specific terms of the quote or proposal provided by the Company to the Client.
In consideration for the Company's ongoing allocation of time, resources, and technologies in order to provide Content Removal services, the Client agrees to the following terms:
- i) The Company is authorized to communicate with the Nominated Publishers responsible for displaying the Target Content for and on behalf of the Client.
- ii) As part of the Content Removal services provided by the Company, the Client agrees that the Company will only attempt to delete the Target Content from the Nominated Publisher(s) website(s).
iii) The Client agrees that the Company shall not be held responsible if the Target Content specified in the agreement is uploaded to sites, hosts or publishers other than those identified in
the agreement (within or outside of the agreed upon term).
- iv) The Client may need to provide information and materials in order to use Content Removal services. The Client agrees that they are solely responsible for delays caused by failure to deliver, provide or divulge the requested information to the Company, and any such delays will not affect the agreed upon payment schedule.
- v) It is not guaranteed by the Company that the Target Content will be removed fully or partially. Successfully removed Content will only incur a charge based on the remaining quote price.
- vi) The Client will not be contacted directly by the Author(s) of Target Content unless permission is granted in writing by the Client. Company's Content Removal services primarily involve contacting the Nominated Publishers to inform them why the content should be removed.
vii) The Client should know that the Nominated Publisher will, from time to time, contact the original author as a result of the Content Removal, and that the Company will have no involvement in this process.
viii) If an author or publisher edits the Target Content and re-posts it as a new instance after the original one has been removed, the Client agrees that the Company is not responsible for its re-publishing.
- ix) The Client agrees that if the Target Content is removed during or within the agreed upon term, it is agreed that the Company will take full credit and responsibility for its removal. The remaining balance for the content removal will become due and payable.
- x) Before Content Removal services can begin, a deposit may be required. In the event that the Target Content cannot be removed within the agreed upon time period, the Company agrees to refund all deposits. The Company agrees to notify the Client following successful removals before charging the balance of the fees. The contract term is sixty (60) days from the day the deposit is paid, unless otherwise agreed. The Company will handle refund requests in all other instances based on its refund policy. Payments or deposits made at the time of termination of the services by the Client will not be refunded. The Client is aware that the Company may have already submitted irreversible submissions for the removal of some or all of the Target Content, and the Client still owes the outstanding balance in the event that the Target Content is successfully removed.
- xi) If the Client chooses to purchase other Services together with Content Removal Services, the Company may offer the Client a discounted rate for the Content Removal Services. As a result of the cancellation of some or all other Services, the Company reserves the right to adjust, vary, or revoke any discounts. If a Client cancels a package that includes Content Removal services, the Company may adjust or revoke any discounts offered for other services as part of that package.
III. Refund Policy
Unless required under American laws or other relevant consumer protection laws, Remove Digital does not generally offer refunds or credits for services rendered.
A deposit is considered a refundable payment according to the terms of the applicable service offer.
Please contact [email protected] if you would like a refund or credit.
The Company will determine whether to issue a refund or credit upon reviewing the request taking into consideration the amount of time and resources allocated by the Company to providing the Services. In the event of a refund, the Company will apply it to the original payment method, unless a different arrangement has been negotiated.
The following circumstances may result in refunds:
- If there had been an undisclosed problem
- are fundamentally unsuitable for its common purpose, and cannot be repaired within a reasonable time-span time;
- are in breach of the terms set forth at the time services are engaged and cannot be readily rectified within a reasonable period of time;
- the Company may deem it unsafe if it creates an unsafe situation.
In the following situations, the Company is not required to refund or credit the Client:
- If the Client no longer wishes to engage the Services;
- If the Target Content is removed within the term of Agreement regardless of the cause or reason for its removal;
- when the Client is late;
- if there are minor technical problems;
- if the Client requests similar or related Services from third parties or if third parties' actions materially impact the Company's delivery of Services to the Client.