Terms & Conditions

Last Updated: 23/06/2023

Please read these Terms of Service (“Terms,” “Agreement”) carefully before accessing or using the services provided by No Agency (“Company,” “we,” “us,” or “our”). By accessing or using any of the services offered by No Agency, including but not limited to virtual pay-as-you-go services, e-books, and branding packages, you acknowledge and agree to be bound by these Terms of Service. If you do not agree to these terms, please refrain from using our services.

Background The Client is of the opinion that No Agency has the necessary qualifications, experience, and abilities to provide the Services to the Client. No Agency agrees to provide the Services to the Client on the terms and conditions set out in this Agreement and via any additional discussion and agreement, either verbal or written.

Definitions
The following definitions apply to this Agreement:

  • “Agreement” means this Services Agreement.

  • “Client” means the party requesting the Services from No Agency

  • “ No Agency” means the company providing the Services to the Client  as identified in the preamble.

  • “Services” means but is not limited to the design, website design, collateral, copywriting, SEO, branding, strategy, brand identity, promotional design, environmental signage, tone of voice, blog writing, articles, photography, and email marketing services to be provided by No Agency to the Client as set out in this Agreement.

  • “Confidential Information” means any and all confidential, proprietary, or trade secret information of either party, including, but not limited to, financial information, business plans, technical information, software, source code, specifications, designs, drawings, processes, customer lists, and other information that is designated as confidential by either party.

 

The Client hereby agrees to engage No Agency to provide the Client with the following services (the “Services”):

 

  • Design

  • Website design

  • Collateral

  • Copywriting

  • SEO

  • Branding

  • Strategy

  • Brand identity

  • Promotional design

  • Environmental signage

  • Tone of voice

  • Photography

  • Email marketing 

The Services will also include any other tasks that the Parties may agree on. No Agency hereby agrees to provide such Services to the Client.

 

Acceptance of Terms
By accessing or using any services provided by No Agency, you agree to be legally bound by these Terms of Service. If you are using the services on behalf of an organisation or entity, you represent and warrant that you have the authority to enter into this Agreement on behalf of such organisation or entity.

Description of Services
No Agency offers virtual pay-as-you-go services. Our services are designed to provide branding and design solutions for individuals, businesses, and organisations. The specific details and features of each service may be outlined separately and are subject to change at our discretion.

Account Registration
To access certain services provided by No Agency, you may be required to create an account. You must provide accurate and complete information during the registration process and keep your account details updated. You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account. You agree to notify No Agency immediately of any unauthorised use of your account or any other breach of security.

Timeline
The Client and/or Representative will review, evaluate and/or test the Deliverable(s) within 72 hours of receiving the Deliverable(s) and notify No Agency if the Deliverable(s) fails to satisfy the applicable acceptance Criteria. Revisions included within the agreed-upon fees are limited to satisfying the deliverable description and acceptance criteria. 

Work Hours: No Agency's regular work hours for this contract are from 9:00 AM to 4:00 PM on Thursdays and Fridays, local time.

Contactable Office Hours: No Agency will be available for communication during regular office hours, which are Monday to Friday, from 8:00 AM to 4:00 PM, local time. During these hours, No Agency will respond to emails, phone calls, and other forms of communication within a reasonable timeframe.

Payments and Fees
For services requiring payment, you agree to pay all applicable fees and charges as described on our website or as otherwise communicated to you. No Agency reserves the right to modify or update the pricing of services at any time. Payments made are non-refundable, except as expressly stated in our refund policy or as required by applicable law.

Edits and Revisions
One or two rounds of edits/revisions are included within the quoted price (products vary). The Client agrees that after the included revision(s), further revisions will be charged at an hourly rate of $150. 

The Client has 7 days to provide any edits after work has been provided. This also applies to the first and second rounds of revisions. The Client agrees that after the 7 days have passed that;

i. The project will be closed

OR

ii. An additional fee of $50 will be added to each day thereafter. 

Intellectual Property
All content, designs, logos, trademarks, and intellectual property rights associated with No Agency and its services are owned by or licensed to No Agency. You agree not to reproduce, distribute, modify, or create derivative works based on any of the content or materials provided by No Agency without our prior written consent.

The Client agrees that No Agency may use completed works without written consent for promotional purposes including website portfolio and social media.

 No Agency grants you a non-exclusive, non-transferable licence to use the work we create for you for its intended purpose only. You may not use the work for any other purpose without our prior written consent.

Non-exclusivity
The Client and No Agency acknowledge and agree that No Agency shall remain free to continue working for and taking on new clients without regard to the Client. No Agency does not require Client approval to take on other work but will ensure confidentiality.

User Content
You may have the opportunity to submit or upload content, including text, images, or other media, to No Agency. By submitting or uploading user content, you grant No Agency a non-exclusive, worldwide, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the provision of our services. You represent and warrant that you have the necessary rights and permissions to grant this licence to No Agency.

Privacy Policy
 No Agency respects your privacy and handles your personal information in accordance with our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

 No Agency agrees to keep confidential all information provided to it by the Client, including but not limited to business and financial information, trade secrets, and intellectual property.

Termination
We may, at our sole discretion, suspend or terminate your access to our services if you violate these Terms of Service or engage in any activity that may harm No Agency, its users, or third parties. Upon termination, all licences and rights granted to you under these Terms will cease, and you must immediately stop using our services.

Disclaimer of Warranties
 No Agency provides its services on an “as is” and “as available” basis. We do not warrant or guarantee the accuracy, reliability, completeness, or availability of our services. You acknowledge that the use of our services is at your own risk.

Limitation of Liability
To the maximum extent permitted by law, No Agency and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use or inability to use our services.

Commitment to Deadlines
 No Agency and the Client each commit to mutually agreed deadlines for briefing and delivering drafts, edits, and final work.

Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed by the laws of Australia. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Brisbane, Queensland.

Term and Termination
Either Party may terminate this Agreement at any time by giving written notice to the other Party.
In the event of termination, the Client will pay No Agency for all Services provided up to the date of termination.

Modifications to the Terms
No Agency reserves the right to modify or update these Terms of Service at any time without prior notice. It is your responsibility to review these Terms periodically for any changes. Continued use of our services after any modifications to the Terms shall constitute your acceptance of such changes.

If you have any questions or concerns regarding these Terms of Service, please contact us at hello@noagency.co

By using No Agency’ services, you acknowledge that you have read, understood, and agreed to these Terms of Service.