Terms and Conditions - [SMK] Social Media Knowledge

SMK TERMS & CONDITIONS

Overview

SMK – Social Media Knowledge (SMK) is a trading name of The Knowledge Exchange Pty LTD, a learning and development organisation based in Melbourne Australia. SMK leads training courses across Australia, NZ and Asia Pacific. Attendance to any training event conducted by SMK is subject to all outstanding funds being cleared prior to the course delivery date.

SMK will make every effort to ensure that your allocated course will take place on the relevant date and time originally specified within your booking confirmation. Where this is not possible, SMK reserves the right to alter the date, time and location, provided that SMK gives the delegate fair notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the delegate the right to terminate.

Services & Pricing Information

SMK offers a number of courses which vary in price. Whilst bespoke in-house training packages commissioned by clients can vary in price dependent on content and number of delegates SMK does offer a series of public courses that follow a consistent pricing structure; details as follows:

SMK training courses – 2 Day – AUD$1895 and 1 Day – AUD$995. All prices quoted on this website are in Australian dollars excluding GST unless otherwise stated. International fees and conversation rates may apply. (Discount promotional rates may be available at time of purchase)

A training course can be defined as a course held by a trainer employed by SMK within an external location to your place of business or residence and application for attendance is available to any person(s) regardless of company

For SMK In-house training services rates vary. Please contact us on 1300 740 252 or hello@smk.net.au for a quote. (Discount promotional rates may apply at time of purchase)
An “In-house Training” Session can be defined as a course held by a trainer employed by SMK within your place of business or residence with application of attendance limited to employees of your company

Refund/Cancellation Policy

In the event that you wish to cancel any training session that you have booked through SMK you may be entitled to a refund according to the following cancellation charges, where notice of cancellation is received:

If confirmation of cancellation is received 30 days or more prior to the course date – zero per cent (0%) of the fee stated within your invoice will be charged
If confirmation of cancellation is received 14 days or more prior to the course date – fifty per cent (50%) of the fee stated within your invoice will be charged
If confirmation of cancellation is received less than 14 days prior to the course date – one hundred per cent (100%) of the fee stated within your invoice will be charged
SMK Intellectual Property
SMK reserves the right to restrict course access, or service delivery, in cases of potential intellectual property infringements.

All ideas, concepts, materials, content of programme, technical information, trade secrets, know-how, designs, copyright material and any other information and intellectual property whatsoever owned or used by SMK in connection with the training, programmes and/or services which SMK provides to the Client or any other person/organisation remain SMK’s sole and exclusive property.

The Client will not, and will not permit anyone else to, use or copy the Intellectual Property unless the Client obtains SMK’s prior written consent. The Client will promptly notify SMK of any infringement of the Intellectual Property. The Client acknowledges that all information supplied by SMK to the Client and all the Intellectual Property is confidential.

Privacy Policy

SMK is committed to protecting and respecting your privacy. Through purchasing a training package through SMK, we can ensure that no payment information will be held within the company or shared with any third parties. SMK may collect information surrounding information of a personal nature (Name, Company, Title etc) for research purposes only.

SMK is an independent entity and all information collected is stored locally for internal purposes only and will endeavour to remove you from its records should it receive written request.

In the event of SMK leading co-branded events delegate information may be shared with event partner for administrative purposes.

SMK Digital Excellence Terms and Conditions

BACKGROUND

A. The Client is of the opinion that SMK has the necessary qualifications, experience and abilities to provide services to the Client.

B. SMK is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and SMK (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

SERVICES PROVIDED

The Client hereby agrees to engage SMK to provide the Client with one of the following services (the “Services”):

Individual plans (1 user):

Innovation Labs Only

Monthly access to all SMK Innovation Labs (previously Digital Live-Streams)
Includes unlimited access to all previous Live-Streams & Innovation Labs

Smart Starter

Monthly access to all SMK Innovation Labs (previously Digital Live-Streams)
Includes unlimited access to all previous Live-Streams & Innovation Labs
Access to the SMK Facebook Working Group

Bright Spark

Monthly access to all SMK Innovation Labs (previously Digital Live-Streams)
Includes unlimited access to all previous Live-Streams & Innovation Labs
Access to the SMK Facebook Working Group
Complete, unlimited access to all SMK Online Masterclasses
1 annual session of One-to-one coaching

Expert Level – 12 month agreement

Team plans:

Innovation Labs Only [Up to 5 Users]

Monthly access to all SMK Innovation Labs (previously Digital Live-Streams)
Includes unlimited access to all previous Live-Streams & Innovation Labs

Sharp Shooters [Up to 5 Users]

Smart Crew [Up to 5 Users] 12 month agreement:

Digital Gurus [Up to 10 Users] 12 month agreement:

The Services will also include any other tasks which the Parties may agree on. SMK hereby agrees to provide such Services to the Client.

TERM OF AGREEMENT

The term of this Agreement ( the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
SMK offers a 30 day free trial, whereby it will the client will not be charged. If the service is deemed unsatisfactory, the client must provide written notice via email before the 30 day free trial ends. If the service is not cancelled within the window, then the client will be charged per month until formally cancelled. The 30 day trial is only applicable for new customers only, this includes both Individual customers and Team (Company) agreements.

In the event of early termination of membership plans that are a 12 month agreement, the client must:
Supply written notice of cancellation via email
If one-to-one coaching plans have been redeemed, the client will pay a remaining balance of $2000 per one-to-one coaching session used
In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
Except as otherwise provided in this Agreement, the obligations of SMK will end upon the termination

PERFORMANCE

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

PAYMENT

The SMK will charge the Client for the Services at the rate agreed per month (the “Payment”).
Client will be invoiced for 12 months and must provide credit card authorisation for monthly payment
Invoices submitted by SMK to the Client are due upon receipt.

REIMBURSEMENT OF EXPENSES

SMK may be reimbursed from time to time for reasonable and necessary expenses incurred by SMK in connection with providing Services, should scope involve Coaching or In-house training
All expenses must be pre-approved by the Client.

PENALTIES FOR LATE PAYMENT

Any late payments will trigger a fee of 5.00% per month on the amount still owing.

CONFIDENTIALITY

Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
SMK agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which SMK has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to SMK under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to SMK.

OWNERSHIP OF INTELLECTUAL PROPERTY

All ideas, concepts, materials, content of programmes, technical information, trade secrets, know-how, designs, copyright material and any other information and intellectual property whatsoever owned or used by SMK in connection with the training, programmes and/or services which SMK provides to the Client or any other person/organisation remain SMK’s sole and exclusive property.
The Client will not, and will not permit anyone else to, use or copy the Intellectual Property unless the Client obtains SMK’s prior written consent. The Client will promptly notify SMK of any infringement of the Intellectual Property. The Client acknowledges that all information supplied by SMK to the Client and all the Intellectual Property is confidential.
Should the license be for multiple users, the Client’s license is only for the number of licenses included in the plan, should it wish to modify a user or add extra users, the Client is to contact an SMK account manager to arrange. Additional users may incur extra fees

NOTICE

All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
SMK – Social Media Knowledge, Suite 5/ level 6, 118 Queen Street, Melbourne, VIC, 3000 or to such other address as either Party may from time to time notify the other.

INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

TIME OF THE ESSENCE

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

ASSIGNMENT

SMK will not voluntarily, or by operation oflaw, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

ENUREMENT

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

TITLES/HEADINGS

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the State of Victoria.

SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.