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Terms & Conditions

Terms and Conditions of Purchase

By signing up as a client of ADA Studio or using the Website, you agree to be legally bound by these conditions. Please take the time to read these terms and conditions carefully. We recommend that you return to this page on a periodic basis to review the current version of the terms and conditions. We reserve the right at any time, and without notice, to modify the policy, in which case your continued access to the terms and conditions will keep you up to date with the latest version and constitute acceptance of any modified policy. If you do not agree with all of the provisions set forth in the terms and conditions, you should not continue to view the Website, and you should not purchase any service or product from this Website. We retain the right, at our sole discretion, to deny access to anyone to the Website and the services and products we offer, without reason, including, without limitation, for violation of the terms and conditions.

Definitions

Services means the distribution and information of ADA Studio products and services.
the Website means the website www.ada.studio
We / Us / Our etc means Embrosia Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Disclaimer

The Website is provided on an as-is and as-available basis. Our prices can change at any time. ADA Studio is not responsible for any copyright issues that may result. ADA Studio reserves the right to refuse any content deemed inappropriate or unacceptable.

ADA Studio cannot predict or guarantee the approval of content on Facebook, Instagram, Amazon, Twitter or YouTube. ADA Studio can only suggest and make revisions according to Facebook, Instagram, Amazon, Twitter and YouTube's ever changing compliance policy.

If the content does not get approved, ADA Studio will allow up to 2 minor revisions to attempt to get the content approved. If unsuccessful, client may request a refund as per our refund policy.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that all registration information you submit will be true, accurate, current, and complete. You will maintain accuracy of such information and promptly update such registration information as necessary.

You have the legal capacity and you agree to comply with these terms and conditions.

You are not a minor in the jurisdiction in which you reside.

You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise.

You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations.

You will not use the Website for any illegal or unauthorised purposes.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). We reserve the right to refuse service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property or copyrights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, articles, news, tutorials, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, foreign jurisdictions, and international conventions. No materials may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any method unless fully authorized by an authorised ADA Studio representative. ADA Studio may grant permission to your organisation to use materials on this Website at it’s discretion, in which case we may require you to sign a Licence Agreement. Materials given permission to use may not be modified in any way, be used for commercial purposes, be decompiled or reversed engineered, remove copyright/proprietary notations, or transferred to another person to “mirror” or “duplicate” on any other server.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: hello@ada.studio

Branding

The branding and content including graphics and copy, as well as logos contained on this Website belongs to ADA Studio. Use of these is strictly prohibited except with Our express, written consent.

Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at anytime, without prior notice. ADA Studio does not, however, make any commitment to update the information.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning the Website are to be resolved by the courts having jurisdiction in Victoria. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Fees

You agree to pay the monthly fees specified during registration in full each month prior to any services being rendered by ADA Studio under the terms and conditions. You further agree to authorise ADA Studio to automatically charge your payment method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to ADA Studio that such billing information is accurate, up to date, and that you’re authorized to make the payment.

You may cancel our services anytime either by contacting hello@ada.studio or by speaking to a representative. After cancellation, we will keep your logins and account active so you can access all previously submitted files until the end of your current billing period. Penji reserves the right to change our pricing and offerings at any time without prior notice.

Refunds Policy

It’s our goal to provide a quality service for our customers and ensure that you have a good experience with ADA Studio. The purpose of our 15-day money back guarantee refund policy is to ensure prospective customers have the opportunity to test out our Services, risk-free. You have up to 30 days to fulfill your order by sending your project information to ADA Studio. After the 30-day period is up, your purchase may be credited to your account for purchase of another package and may be subject to pay the difference due to price increase, or you may request a 50% refund of the original purchase. 

If the service you have purchased is not up to standard, you may request a refund within the first 15 days post purchase, non-inclusive of administrative fees. Refunds will be issued at a 100% payback of the original purchase price of service within 30 days after the refund has been approved.

To qualify for our refund policy:
• Must accept a call from ADA Studio to help understand the issue.
• Must create at least 1 project.
• Must give feedback and allow us at least 2 attempts to get it right.

Eligibility for refund is nulled if:
• You approve of any project.
• You request or download source files.

Revisions

Here at ADA Studio we value your satisfaction and strive to provide the best client experience.
In order to maintain and preserve the quality of our service, we offer 2 minor revisions to your content - any additional revisions will be an additional cost.

Please include as much information as possible in each revision request to keep your revisions to a minimum due to the lengthy process of revisions. Understand that every additional round of revisions will be extending the deadline of your project.

Releasing Completed Work

We hold ourselves to a high standard of delivery and would never intentionally submit final files with errors to you. However in a rare event that you do receive a file with errors, please notify us promptly and we will do our best to quickly make the revisions and re-submit to you. ADA Studio is not liable for any loss of business or loss of revenue incurred from errors in our files. Please make sure you check the file before ordering or finalizing for marketing.

Disposal

Images, graphics, logos, footage, video files, audio files, and edited content will be retained for up to sixty (60) days only and will then be disposed of, deleted or erased. If at the end of 60 days Services have not been paid for, ADA Studio reserves the right to dispose of all Images, graphics, logos, footage, video files, audio files, edited content, recorded materials and finished works.

Indemnification

You warrant that you have the full legal rights to any and all photography, film, video, images and content supplied by the you to ADA Studio for use. You agree to indemnify, defend and hold ADA Studio and its officers, directors, agents, employees, representatives, associates and affiliates and each of them, harmless from and against any and all losses, costs damage, liability and expense, including reasonable attorney' fees, arising out of any claim whatsoever, directly or indirectly, from the use of copyright images supplied to ADA Studio by you.

Compensation

Based on the chosen packages and creative requirements, the compensation to ADA Studio for the service will be based on the prices displayed on our website or through custom quotes. Full payment is due at time of purchase.

Terms and Conditions Updates

These terms and conditions may change from time to time and is available on our website.

Terms and Conditions Complaints and Enquiries

If you have any queries or complaints about our terms and conditions, please get in touch with us via email at: hello@ada.studio