COLTFOX PRIVATE LIMITED operates the https://www.coltfox.com which provides Creative Designing, Creative Content Writing, Digital Marketing, Mobile Application Designing and development.
This page is used to inform website visitors and customers regarding our terms and conditions with the collection, use and disclosure of personal information if anyone decided to use our services, at Coltfox Private Limited.
1.1 These Terms & Conditions govern your use of Coltfox Private Limited (“Services”), an internet subscription service operated by Coltfox that provides users with access to all search engine marketing services. Coltfox is provided to you subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use Coltfox for other purposes, directly or indirectly, by you or by a third party is prohibited.
1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of marketing services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
1.3 Coltfox reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice, where your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Coltfox as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing.
2.1 You must provide accurate, complete, and current registration information and you agree to provide Coltfox with an update of that information promptly should changes occur.
2.2 Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.
2.3 Coltfox may change at any time Key-Words used in a search engine marketing campaign at any time without giving you notice. Coltfox may terminate, at its own discretion, any registration of services, at any time, without notice, for any reason or no reason, including and without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Coltfox, at its sole discretion believes is harmful to others, the business of Coltfox or other third party information or service providers.
2.4 You agree to comply with any additional copyright notices, information, or restrictions contained in any keywords or other material (“Content”) available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service.
2.5 You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. You grant to Coltfox the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorised to grant all rights set forth in the preceding sentence. Any information supplied by you upon registration for the Service.
3.1 You, as a user of the Service, understand that all information contained in your content, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via Coltfox. For example, you shall not:
(a) Transmit upload or post via Coltfox any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another’s privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libellous, obscene, or otherwise objectionable;
(b) Harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another;
(c) Transmit upload or post via Coltfox any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;
(d) Transmit, upload or post any Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Disrupt the normal flow of Information available on or through Coltfox or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of Coltfox or the Coltfox servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to Coltfox, the Coltfox network, servers, directories, databases and listings;
(f) Transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;
(g) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;.
(h) Translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of Coltfox , use of Coltfox , or access to Coltfox or any part thereof;
(i) Impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, Coltfox or Coltfox official, operator or host;
(j) Collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names in an illegal manner or without due regard to privacy laws in force;.
4.1 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Coltfox or by any third party.
4.2 Your right to use the Service is subject to any limits established by your online transfer or cheque provided by the company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Ongoing hosting and Search Engine Marketing fees (including costs associated with Coltfox maintaining your Google AdWords account) will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy.
4.3 Coltfox shall provide you with a Google AdWords Pay Per Click (PPC) service and other services. The services guarantee to increase your websites performance in Google Searches PPC for your subscription amount (less GST and account maintenance fees).
4.4 The subscription amount is the amount agreed to on the order form at the time of sale. You understand that your subscription amount (less GST and account maintenance fees) is divided into equal daily budgets for the term of your subscription. Any unused daily budget will be pooled into a post subscription fund to be utilized at the discretion of Coltfox
4.5 Coltfox works closely with you to identify realistic goals and timelines and employ the appropriate mix of tactics to maximize your Google AdWords account for your daily budget. If objectives are not met, we will offer to remedy the account within 30 days or more, based on the factors that relate to the objectives. You may pause your account for a maximum of 30 days after which your account will go live and any instalment payments become payable. Coltfox will not provide you with the login details of your Google AdWords account as Coltfox will manage this account on your behalf as part of your package.
4.6 If your instalment payment has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $50 will apply. If there is no payment after 45 days for an instalment, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable.
Coltfox will not disclose your personal information, except in circumstances in which it is necessary to do so, or where permitted by law. We may disclose your personal information to the following parties:
5.1 Only Coltfox may, at its sole discretion, allow you to cancel your contract.
5.2 30 days’ notice of intent to cancel must be provided in writing or by email to firstname.lastname@example.org
5.3 Should Coltfox approve this cancellation, a cancellation fee of Rs. 50,000 or 50% of the remaining subscription value; whichever is the greater amount, will apply, plus the total management fee paid (drafting, setup and optimisation fees). You are responsible for all charges incurred up to the time the account is cancelled, including all charges for the month in which cancellation became effective.
5.4 Refunds must be approved by management and will be processed within 15 working days.
5.5 The daily budget amount that has already been spent will not be refunded under any circumstances.
5.6 You must give Coltfox 30 day’s notice if you do not wish to renew your subscription before the end of the contract.
5.7 Coltfox reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Coltfox may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
6.1 You expressly agree that entering or using of Coltfox is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of Coltfox is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.
6.2 Coltfox makes no warranty that Coltfox will meet your requirements, or that Coltfox will be uninterrupted, timely, secure, or error free; Coltfox makes no representations as to the suitability of the information available on or through Coltfox, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.
6.3 Coltfox makes no warranty that a search engine marketing campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose,
6.4 Coltfox makes no warranty that a search engine marketing campaign will lead to any clicks to your business or other information.
6.5 Coltfox makes no warranty that a search engine marketing campaign will lead to consistent exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.
6.6 Coltfox does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).
6.7 Coltfox abides by the guidelines of Google AdWords, key terms or adverts requested by the customer must also abide by these guidelines. The packages are sold on the terms of key terms being a key term and location, hence key terms on their own without a location may require a higher subscription or an increase in the customers current package.
6.8 Coltfox is not responsible for the increase of any key terms cost per click, hence if your subscription amount can no longer cater for the key terms, they will be removed from your list of key terms. Coltfox does not warrant or guarantee:
(a) That any information available on or through Coltfox will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;
(b) That the information available on or through Coltfox will not contain adult-oriented material, or material which some individuals may deem objectionable; or
(c) That the functions or services performed by Coltfox will be uninterrupted or error-free or that defects in Coltfox will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user’s information or system.
7.1 In no event shall Coltfox be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of Coltfox even if Coltfox shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.
7.2 In no event shall Coltfox be liable to any party for any delays, inaccuracies, errors or omissions with respect to Coltfox or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through Coltfox. You expressly agree that Coltfox shall not be responsible or liable for any loss of data, nor shall Coltfox be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.
7.3 Coltfox urges you to maintain backup versions of your website’s content to guard against losses of any kind. You expressly agree that Coltfox shall not be liable for any conduct by users of Coltfox and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through Coltfox. You expressly agree to indemnify and hold harmless Coltfox, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to Coltfox, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
Default & Consequences Of Default
(a) Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.
(b) If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all costs of collection.
(c) Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
(d) If any account remains unpaid at the end of the second month after supply of the goods or services the following shall apply: An immediate amount of $50.00 shall be levied for administration fees which sum shall become immediately due and payable.
(e) In the event that:
(i) Any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
(ii) The Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(iii) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then
(iv) The Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
(v) All amounts owing to the Seller shall, whether or not due the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.
(vi) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
Privacy Act 1988
(a) The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
(b) The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(i) To assess an application by Buyer;
(ii) To notify other credit providers of a default by the Buyer;
(iii) To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and
(iv) To assess the credit worthiness of Buyer and/or Guarantor/s.
(c) The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
(d) The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
(i) Provision of Services & Goods;
(ii) Marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods;
(iii) Analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Services/Goods;
(iv) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and
(v) Enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.
(e) The Seller may give, information about the Buyer to a credit reporting agency for the following purposes:
(i) To obtain a consumer credit report about the Buyer; and or
(ii) Allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
10.1 Coltfox provides you with an initial draft of your online marketing services via email and your account is uploaded at this time. When an account is uploaded by Coltfox onto Google’s AdWords network, it is subject to Google’s terms and conditions and approval clauses. Google AdWords has a 48hr monitoring period in which Google will approve your account for online advertising. Coltfox will deem your account active once Google approve your account and email you a notification with your subscription start and end dates. Coltfox and all its customers must adhere to the terms and conditions of Google AdWords. Coltfox ensures its guarantee, of the agreed percentage of key terms on the first page, is only applicable at the time of your daily budget being refreshed by Google Australia. This guarantee is only applicable to accounts that have their geo-target option set to Australia or regions within Australia. Coltfox reserves the right in its sole discretion to:
(a) Make improvements, corrections, adaptations, conversions and/or any other change in Coltfox and to any part thereof and/or to revise or modify these Terms and Conditions of Service;
(b) Change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Coltfox or any part thereof, to all users or any number thereof including without limitation the use of or access to Coltfox, granted to you or to any other user, at any time, without notice, for any reason or no reason;
(c) Refrain from publishing on this site and delete or remove from Coltfox, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof;
(d) Establish a new operating and usage policy for Coltfox and change it at any time for any reason or no reason; and
(e) From publishing Coltfox numbers or any other details of the users using Coltfox, at any time.
10.2 Coltfox may revise or replace these Terms and Conditions of Service from time to time. You agree that your use of Coltfox, beyond a period of 15 days after a notice of such change has been provided on the Coltfox network, shall constitute your consent to the new or revised Coltfox Terms and Conditions of Service. Any reference made in this document to Coltfox or Coltfox shall be deemed to have been made to Coltfox, its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls Coltfox, directly or indirectly, and any other subsidiary of that controlling company.