This Terms of Service Agreement (the “Agreement”) outlines the terms and conditions under which you (the “Client”) engage Bloom Smart Digital to provide specific services as defined herein. This is a legally binding agreement between you and Bloom Smart Digital. By using our services, you agree to the following terms and conditions.

1. Services

1.1 Service Delivery:
Bloom Smart Digital provides email marketing services as detailed on our website. Each client works with an account manager as their primary point of contact. The success of our collaboration relies on timely, honest, and detailed feedback. Approval of email content is considered final, and no further revisions will be made after approval.

1.2 Third-Party Platforms:
Since we work with third-party email platforms, we cannot control issues such as account disconnections, password changes, or platform-specific errors. We will do our best to resolve errors within our control. For issues beyond our control, please contact the respective platform’s support team.

1.3 Client Delays After Signup:
Our service delivery begins as soon as you sign up and complete the onboarding questionnaire. If you do not complete the onboarding questionnaire, this does not warrant a refund. Your payments will be converted into credits that can be used in the future. These credits do not expire. Billing dates will not be adjusted due to client delays.

1.4 Lack of Feedback or Approval:
After we deliver email drafts, we expect you to provide timely feedback or approval. If no feedback is provided within 7 days, we will proceed with the approved content schedule. If more than 30 days pass without feedback, you can no longer request revisions for that batch.

1.5 Respectful Communication:
We expect all communications to be professional and respectful. We will not tolerate abusive, rude, or disrespectful behaviour. Accounts exhibiting such behaviour will be terminated immediately without a refund.

1.6 Storage of Deliverables:
We will store email drafts and related materials for up to three months. After this period, clients are responsible for storing their content, as we cannot guarantee availability beyond this timeframe.

2. Refund Policy

2.1 Non-Refundable Services:
By signing up for our services, you acknowledge that all services are non-refundable due to the personalised and manual nature of our work.

2.2 Connectivity Issues:
You are paying for email content creation and management. Any issues related to email platform connectivity are beyond our control and do not warrant a refund.

2.3 Performance Results:
We do not guarantee specific marketing results, such as open rates, engagement, or sales. Our service is to create and deliver email content based on your brief and feedback.

3. Payment Terms

3.1 Fees and Billing:
All service fees are payable in full, in advance. A valid credit card must be maintained on file for monthly payments. You authorise Bloom Smart Digital to charge your credit card for the agreed fees. Unless an invoicing arrangement is organised by Bloom Smart Digital.

3.2 Recurring Payments:
Monthly service fees will be charged automatically until the subscription is cancelled.

3.3 Late Payments:
Payments not received by the due date will result in service suspension until full payment is made. Suspension due to non-payment does not warrant a refund or pro-rated service.

3.4 Cancellation Policy:
You may cancel your subscription at any time through the client portal. Cancellations are effective at the end of the current billing period, and no prorated refunds will be provided.

3.5 Continued Service Without Feedback:
If you do not provide feedback or approve content within 7 days, we will continue providing services as agreed. Auto-approval of email drafts will apply after 7 days of no response.

3.6 Credit Card Disputes:
In the event of a credit card dispute, all services will be paused until the dispute is resolved. If the dispute is found in the Client’s favour, Bloom Smart Digital reserves the right to invoice the Client for the disputed amount and pursue legal action if unpaid.

4. Bloom Smart Digital’s Obligations

4.1 Service Standards:
Bloom Smart Digital will provide services according to its standard policies and procedures. We reserve the right to reject clients at our sole discretion.

4.2 Policy Updates:
Our terms, pricing, and services may change at any time. Clients will be notified of significant changes through email or updates on our website.

5. Warranty Disclaimers

5.1 No Guarantees:
Bloom Smart Digital does not guarantee specific results, including open rates, click rates, or conversions. We provide creative deliverables based on your brief and feedback.

5.2 No Refunds:
Due to the nature of personalised digital services, no refunds are provided after the initial payment. Any errors or issues within our control will be rectified through revisions or service credits.

6. Limitation of Liability

6.1 Indirect Damages:
Bloom Smart Digital is not liable for indirect, consequential, or incidental damages, including loss of profits or data.

6.2 Liability Cap:
Our total liability for any claim related to our services is limited to the amount paid by the Client in the previous month of service.

7. Indemnity

7.1 Client Responsibility:
The Client agrees to indemnify and hold harmless Bloom Smart Digital and its affiliates from any losses, damages, or expenses arising from the Client’s breach of this Agreement or misuse of our services.

7.2 Intellectual Property:
The Client assumes responsibility for any intellectual property, trademarks, or copyrighted content provided for use in email campaigns.

8. Confidentiality

8.1 Non-Disclosure Agreement (NDA):
During the provision of services, we may receive confidential information related to your business. We will use this information solely to provide our services and will not disclose it to third parties without your consent, except as required by law.

8.2 Confidentiality Period:
This confidentiality obligation remains in effect during the term of our agreement and for two years after its termination.

9. Termination

9.1 Termination by the Client:
Clients may terminate their subscription at any time by writing via email. No refunds will be provided for any unused portion of the current billing period.

9.2 Termination by Bloom Smart Digital:
We reserve the right to terminate any client account without notice if the Client breaches these terms, engages in disrespectful communication, or misuses our services. No refunds will be provided in such cases.

10. Miscellaneous

10.1 Entire Agreement:
This Agreement constitutes the entire understanding between the Client and Bloom Smart Digital. No other agreements, written or oral, apply unless expressly stated herein.

10.2 Amendments:
Bloom Smart Digital may update these terms at any time. Continued use of our services after changes are made constitutes acceptance of the new terms.

10.3 Governing Law:
This Agreement is governed by the laws of Australia, and any disputes will be resolved in courts located in Brisbane, Queensland.

10.4 Severability:
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

11. Contact Information

If you have any questions about these terms, please contact us at: hello@bloomsmartdigital.com