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.
If you choose to use our Service, then you agree to the collection and use of information
in relation with this policy. The Personal Information that we collect are used for
providing and improving the Service. We will not use or share your information with
anyone except as described in this Privacy Policy.
The terms used in these terms and conditions have the same meanings as in our
privacy policy page, which is accessible at https://www.coltfox.com unless otherwise
defined in this Privacy Policy.
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" 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 authorized 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 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 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" information, except in circumstances in which it is
necessary to do so, or where permitted by law. We may disclose "your" 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
contact@coltfox.com
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 optimization 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 days' 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 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 keywords 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 utilize 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) If:
(iI 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 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.
(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:
(iI 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:
(iI 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) Analyzing 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:
(iI 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 15 days period 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.
