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    Terms and Conditions
    Website: https://www.digikat.com.au
    Business Type: HubSpot Solutions Partner & Digital Marketing Agency
    Effective Date: 5th August 2024

    These Terms and Conditions ("Terms") govern your use of https://www.digikat.com.au ("the Site") and your relationship with DigiKat Marketing Pty Ltd ("DigiKat", "we", "us", or "our"). By accessing or using the Site and our services, including HubSpot onboarding and Nexus Themes for HubSpot CMS, you agree to comply with and be bound by these Terms at all times.

    1. HubSpot Onboarding

    Description of Service: Our HubSpot Onboarding service provides comprehensive assistance in setting up and optimising your HubSpot account.
    User Responsibilities: Clients are required to provide necessary access to their HubSpot accounts and collaborate with our team to ensure the successful delivery of onboarding and setup services.

    2. Nexus Themes for HubSpot CMS

    General: Nexus Themes are designed to enhance your HubSpot CMS experience. We offer both free and paid themes.
    Free Themes: Include basic design and functionality. No dedicated support is provided.
    Paid Themes: Include advanced design and functionality, along with email support and up to 2 hours of technical assistance.

    3. Intellectual Property

    All content available on our Site, including but not limited to images, logos, text, downloadable materials, documents, and services, is the intellectual property of DigiKat or their respective owners. You may not reproduce, modify, or distribute this content without express written permission.

    4. Acceptable Use

    You agree to use our Site for lawful purposes only. Prohibited activities include:

    • Infringing on intellectual property rights
    • Engaging in fraudulent activity
    • Posting offensive, inappropriate, or illegal content

    We reserve the right to suspend or terminate access to our Site if you violate these Terms.

    5. Sale of Goods and Services

    Our Site offers access to digital services, including but not limited to:

    • CRM and HubSpot solutions
    • Marketing and automation strategies
    • Nexus CMS themes and training resources

    Services may be invoiced upfront or in milestones, as outlined in individual agreements. Project commencement may be conditional upon receipt of initial payment.

    All product and service descriptions on our Site are intended to be accurate. However, DigiKat is not legally bound by unintended inaccuracies and you agree to engage our services at your own discretion and risk.

    6. Third-Party Services

    DigiKat may use or reference third-party platforms (e.g., HubSpot, Google). We do not warrant the accuracy or performance of services provided by third parties.

    7. Subscriptions

    Where recurring services apply, subscriptions may automatically renew unless cancelled with at least 30 days’ written notice. Cancellations must be submitted via email to support@digikat.com.au.

    8. Payments

    We accept payment via:

    • Credit Card
    • Direct Bank Transfer
    • PayPal

    By providing payment details, you authorise us to process charges as agreed in our commercial engagement. We reserve the right to suspend service for late or failed payments.

    9. Consumer Protection

    Nothing in these Terms limits your rights under the Australian Consumer Law or relevant local consumer legislation. In the event of conflict, statutory protections will prevail.

    10. Links to Other Websites

    Our Site may contain links to third-party websites. We are not responsible for the content or practices of these sites. Please review their terms and policies before use.

    11. Limitation of Liability

    To the extent permitted by law, DigiKat and its directors, officers, employees, and affiliates are not liable for any direct or indirect loss or damage arising from your use of our Site or services. Services are provided "as is" without warranties of any kind.

    12. Indemnity

    You agree to indemnify DigiKat and its related parties against any claims, damages, or losses (including legal fees) arising from your breach of these Terms or misuse of the Site.

    13. Applicable Law

    These Terms are governed by the laws of New South Wales, Australia. Any disputes will be handled under the jurisdiction of NSW courts.

    14. Dispute Resolution

    If a dispute arises that cannot be resolved informally, both parties agree to pursue mediation as a first step. If mediation fails, the matter will be referred to binding arbitration in New South Wales. Notwithstanding the above, both parties retain the right to seek injunctive relief or pursue intellectual property actions.

    15. Severability

    If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

    16. Modifications to Terms

    We may update these Terms from time to time. Changes will be posted on this page with the updated effective date. Where material, we will notify users via email.

    17. Client Agreements and Policies

    These Terms exist alongside any formal Agreements entered into with clients, which may include additional provisions relating to:

    • Project scope and deliverables
    • Timelines and milestones
    • Confidentiality and IP
    • Termination and dispute processes

    All client-related policies referenced within signed agreements are made available via direct links prior to signature and are stored within each client's dedicated portal for ongoing access and reference.

    In the event of conflict between these Terms and a signed agreement, the signed agreement shall take precedence.

    18. Contact Us

    For any questions or concerns, please contact:

    Phone: (02) 40050141
    Email: support@digikat.com.au
    Mailing Address: 82/84 Brisbane St, Tamworth NSW 2340