Terms of Service
ENSURING THE HIGHEST LEVELS OF ETHICS AND CONDUCT
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These Terms of Service are effective as of October 1, 2017. Please read these Terms of Service carefully before using our service. These Terms of Service (“TERMS”) govern your use of our service. If you register for a free trial of our service, these terms will also govern the free trial.
- Hype Insight, (“Hype Insight,” “We,” or “Our”) provides its services, as defined below, to you via its consultants and/or through its website located at www.Hypeinsight.com or www.HypeInsight.com.au (the “Site”), subject to these terms.
- Language of the Terms. These Terms are available in the English language.
- By using our Services (as this term is defined below), You agree that the information provided to Hype Insight is accurate, complete, and is Yours or within Your right to use. (a) All registration information You submit to Hype Insight must be truthful and accurate; (b) You will ensure such information is accurate and up-to-date; (c) You are at least 18 years of age and/or have a full legal capacity to enter into legally binding relations; and (d) Your use of the Services does not violate any applicable law, regulation, and/or Your entity, company, or organization rules.
- If You sign up to use our Services for a legal entity, You have the authority and agree to these Terms on behalf of that entity. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
- To be eligible to use the Service you (a) must not be restricted from using the services or be prohibited from using a Hype Insight account (b) are not a competitor of Hype Insight or are not using the Service for reasons that are in competition with Hype Insight (c) will not violate any rights of Hype Insight, including intellectual property rights such as copyright or trademark rights.
Hype Insight’s Compliance with GDPR
As a marketing agency, we take the security and privacy of your data very seriously and have taken all necessary steps to ensure we are compliant with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation(‘GDPR’) in respect of data privacy and security. We will keep your personal data confidential and secure and protect it in accordance with the law and will only process your data for the lawful purpose for which it has been shared and in accordance with your instructions.
Third party providers
In providing marketing services to you, we will use third party service providers, which may include, for example, social media platforms. The use of any of these services will be instigated by your explicit approval to manage your various accounts on your behalf. If you have chosen to utilise any of these services as part of our agency service, then the accounts will be managed inline with the privacy policies of the social media platform owner in regards to GDPR.
We have taken the decision to not reuse any databases for general marketing purposes beyond the GDPR deadline and all new data collection will commence from 25th May 2018 as subscribed opted in data lists.
If you wish to subscribe to our mailing list, then you can do this on our website. or follow us on any of our social channels.
If you have provided email lists to Hype Insight for email marketing purposes, then before any list is leveraged, you will require consent that the data you are providing is GDPR-compliant. Only after this will we execute campaigns on your behalf via your email agent. We will at no time ever use your data for purposes beyond the scope of your work.
In general, unless still required in connection with the purpose(s) for which it was collected and/or is processed, we remove your personal information from our records five years after the date it was collected. However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you ask us to delete it we will remove it from our records at the relevant time.
In the event that you ask us to stop sending you direct marketing/other electronic communications, we will keep your name on our internal suppression list to ensure that you are not contacted again.
We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations, however, you can request to remove your personal information at any time by emailing us on firstname.lastname@example.org.
General Terms & Conditions
Fixed term projects are for the duration as outlined in your contract/letter of engagement. Retainer based projects are for a fixed duration that then run onto a rolling contract based on a monthly fee for time. If you want to terminate services at the end of the fixed term then you only need to give us 30 days notice in writing. Even if you’re a client who works on shorter time frames (weekly or bi-weekly basis), your notice period will also be a period of 30 days.
2) Scheduling & Project Planning
A project plan will be put in place at the start of your project. Fixed term projects will be scheduled to a calendar and a project deadline will be agreed by both parties. Retainer based projects will be tracked against time used. Each component of your project will require a committed and agreed deadline. We will allocate resources to fulfill your contract within the time period. We need your co-operation to work within the agreed time schedule. This will be agreed at the planning stage, signed off by you and will form as part of our contract with you. Reviews of project status will be carried out periodically to ensure that our original agreed schedule is being maintained. No project can be left open ended without a deadline. If we experience continual delay from your end, delay that pushes the project beyond the expiry of the contract date, then we reserve the right to charge additional fees for the duration of the extension.
3) Deviation to contract
Any deviation that will impact the deadline or change to deliverables as outlined in the contract will be raised immediately and you will be notified by email in order to re-establish the schedule deadline and agree on the changed deliverables that will be included within the terms of your contract.
Fixed term projects will be invoiced at the onset with specific dates that are fixed dates. Retainer invoices will be sent to you monthly by email at the beginning of each month with payment due within 7 days. All we ask is that payments are made on time and without delay. Any payments due as agreed on the contract cannot be withheld due to scheduling delays on your part as we will be making the resources available to service your account as per agreed schedules. Projects that are billed on a weekly or bi-weekly basis, will be billed at the conclusion of the time period and payment will be due in no more than three days.
5) Distribution of content
If your service includes distribution, we will, on your behalf, distribute your content to the agreed sites as per your agreed project; we don’t make the rules on those sites so their rules apply. Any content distributed will remain distributed within the T&C of each 3rd party site. If you wish to deactivate any third-party account, you will have the right and access to do so at anytime.
If your service includes analytics, will set up analytics tracking on your content, using the most appropriate analytics tool for your business. We will provide multi-analytics tools, depending on availability in the market. Changes in analytics provider may occur; in this event we will endeavor to provide an alternative solution. We will provide you with a login to the analytics dashboard to access and view the performance of various initiatives. We will provide training allowing you to analyse your results. We advise you to keep copies of all analytics data on your local drives as we are not responsible in storing your ongoing analytics data.
If your service includes email template design, we will set up an email account with template(s). We will give you access to upload your own database (you protect your own data). If you provide data to Hype Insight, you will guarantee that the database is a trusted and GDPR-compliant. We can provide training on how to run and analyse email results.
We will not be responsible for any data loss due to third party or technical failures.
Any content or information you provide that is private will remain private, including passwords for third party sites. (e.g. social media accounts). We will not be liable for any breach to your accounts on third party sites. Your email will be added to our mailing list to ensure we keep you updated on services within our companies.
10) Cancellation of service
30 days notice is required to terminate any contract. Should you choose to terminate a fixed term contract, then notice must be given 30 days prior to the end of the contract period. After the notice period we will cease any further distribution of content, and will deactivate your accounts from our system. We will not be responsible for keeping archives of your content.
Our telephone calls may be recorded for training and security purposes.
If any provisions of these Terms is found to be void, invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein will not be affected or impaired.
Hype Insight may assign any or all of its rights hereunder to any party without your consent.
Please send all notices under these Terms to Hype Insight to the e-mail address listed below.
Hype Insight [Re: Service Compliance Officer] Suite 103, Level 1 272 Pacific Highway Crows Nest NSW 2065
Last review: October 2019