Terms & Conditions
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION AND IS LEGALLY BINDING – PLEASE READ IT CAREFULLY.
This page (together with the documents referred to on it) sets out the terms and conditions (“Terms”) which govern the agreement between us and your use of our website www.whizz.ie (our “site”).
These Terms also govern your use of the materials on any of our social media accounts, including our accounts on Facebook, Twitter, LinkedIn and Instagram, which together with our site are the “Services”. Please read these Terms carefully before you start to use the Services.
Information about Us
Our site is operated by Whizz Marketing Limited and we are referred to on this website and in our services as “we”, “us, “our” and “Whizz.ie”. We are a company registered in Ireland and have our registered office at 41 Lios an Oir, Lismore, Co. Waterford, P51 PW61, Ireland. VAT Number: IE3482040JH.
When we talk about ‘you’, we mean you as a participant or user of this website or services of this website.
Our opening hours are Mon-Fri: 9am-5pm. We are closed on Weekends and Bank Holidays. Requests will not be responded to over the weekend as our office is closed on weekends.
For all queries, please send an email to firstname.lastname@example.org and we will get back to you. We do not offer phone support.
This is our standard request across the board so that we can have an audit trail of requests and so we can complete each job accurately. We need to be able to focus on whatever project we are working on at the time.
Deadlines work two ways and just as we are bound by your deadline, you are also bound by any deadlines given to you. You agree to review our work, provide feedback and approval in a timely manner too (as specified below). We have the experience and ability to perform the services you need from us and we will carry them out in a timely manner.
Along the way we will endeavour to meet all deadlines set but we are not responsible for a missed deadline if you have been late in supplying content or have not approved or signed off our work on-time at any stage.
Deadlines for Approval / Revisions on Content
- Approval Prior to Deadline: Please supply written approval or written revisions of our draft within 3 working days of receiving it (or sooner if we state that in our email to you). If we do not hear from you within 3 working days from when we send your draft, you will be deemed to have approved it. Any revisions made after this time will be subject to our Post-Approval Revision fees listed below.
- Approval on Rush Jobs: Due to the urgency of a Rush Job, please supply written approval or written revision of our draft within 24 hours of receiving it (or sooner if we have requested same). If we do not hear from you within 24 hours from when we send your draft, you will be deemed to have approved it. Any revisions made after this time will be subject to our Rush Fees listed below and subject to our availability.
- One set of changes can be made when you receive our first draft, and they are made free-of-charge. Once approved, no further changes are made free of charge.
- Further changes requested after the first-draft-changes are complete, are subject to our Post-Approval Revision Fee.
Rush Fees for Post-Approval Revisions & Rush Jobs
Post-Approval Revisions and Rush Jobs are subject to our Rush Fees. We want you to avoid these costs, and in order to do so, (if applicable), please submit your content prior to your deadline.
Rush Fees are double our usual charge and are incurred if you require us to work past a deadline, and/or out of normal working hours, and are subject to our availability.
Price of Services:
The price listed on the Website (the ‘Price’) for Whizz.ie’s services will be as stipulated at the time when you place your order on the Website. We are entitled to make adjustments to the price from time to time to take account of any imposition of any new taxes or duties, or if due to an error or omission the price for the products on the Website are wrong. We are also entitled to make adjustments to the price of our services during sale time and roll out promotions on services without notice.
Any orders that you place on the Website will be subject to acceptance in accordance with these Terms and Conditions. We do not file details of your order for you to access so please print out these Terms and Conditions and the order acknowledgement for your own record.
Price, Payment and Service Provision
We have a number of different Products / Services as follows:
- What happens after I purchase? (Note: This is a DIGITAL DOWNLOAD file. NO PHYSICAL items will be shipped.) When you complete your purchase, you will receive a PDF with a download link to gain INSTANT ACCESS to your Template. When you click on your download link, simply select ‘USE TEMPLATE‘. The Template will then open in Canva. If you don’t already have a Canva account, you will be prompted to set up a FREE Canva account. Once you’ve set up your account, you will be able to access the Template and you can edit it accordingly.Once your payment has been received, you will receive an automatic download link which will contain your download for your Template.
- Can I access the Template on my mobile? When accessing your Instruction PDF to access the Template, only use a desktop/laptop – NOT A MOBILE DEVICE. To further clarify, only use the browser version of Canva (NOT the mobile app). Why? Custom templates will not always show up correctly if you use the Canva app and the app has limited features. Always use the main browser version of Canva so that you can use all the amazing feature they have.
- Do I need software? No! As our Template is created in Canva, you have everything you need within that. The Canva website is also available as an app for Android and Apple devices, as well as an app for Windows and iOS computers, which means it has all you need.
- Refunds & Exchanges: As digital products are available for download immediately after purchase, we are unable to offer refunds or exchanges. The files will be delivered electronically within minutes of your order and payment. If you have any questions about this product before your purchase, please contact us! We are happy to help before you buy.
- Do I need a Pro Canva Subscription? No! A paid Canva subscription is NOT required in order to access and use our Template. In fact, the template will work with both FREE and Canva Pro accounts. If you don’t currently have a Canva account, all you need to do is create one, and you’re ready to rock!
- Full Disclosure: We are an Affiliate for Canva and will receive a commission if you end up upgrading from the Free version to the Pro version (at no extra cost to you). However, you absolutely do NOT need to purchase the Pro version of Canva to view our Template – you can simply set up a Free Canva account.
- Terms & Agreement: By placing an order for our Templates, you are agreeing to the following conditions: Your purchase from us licenses you (1 individual / 1 business) to use this Template. The Template and content within our Template CANNOT be resold or redistributed. You may only use these to create items for your own business. You may NOT sell or transfer the files to any third party.
- If you have any queries, please contact our Support via email. Our opening hours are Mon-Fri: 9am-5pm. We are closed on Weekends and Bank Holidays.
1:1 Coaching Session / Strategy Boosting Sessions
- Once you process your payment on this website, you will receive an automatic email confirmation once your payment has been received. We will contact you within 2 working days of your payment to book your 60 minute 1:1 Coaching Session.
- Please note our 1:1 Coaching Sessions and Strategy Boosting Sessions does not include us physically updating your website / social media. These sessions are strictly for a Strategy Consultation only, where we make recommendations of what you should do.
- Our opening hours are Mon-Fri: 9am-5pm. We are closed on Weekends and Bank Holidays i.e. a booking request made at 6pm on a Friday will not be responded to over the weekend as our office is closed on weekends.
- Payment is required in advance of Zoom being booked.
- If we are not able to provide your Coaching Session / Strategy Boosting Session within ten days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
Terms & Conditions of Monthly Management of your Social Media
You or your Nominated Contact
- It is our policy that we do not deal with multiple decision makers on your side as it simply causes too much scope for error. In order for us to stick to schedule, we will deal with only ONE INDIVIDUAL to get this project over the line i.e. either you -OR- one nominated contact of your choice (not both). If you choose to nominate a contact, please ensure they represent you and your decisions. This individual is the person with whom we liaise with to get content (i.e. images, text, videos), decisions, approvals and feedback. It is your responsibility to ensure that they liaise with you and that you ensure they are acting on your behalf.
- If you authorise someone to be your nominated contact, we understand that to mean that all approvals and decisions from them to us have been approved by you.
- If we proceed with the project using decisions, feedback and approvals from your nominated contact, and you change your mind or what they have requested is completely different to what you want, we may not have time in our schedule to make those changes. Therefore please ensure they meet with you regularly to ensure any internal decisions are relayed to us in a timely manner.
- If you or your nominated contact change your original requirements or if they request changes to the brief, we will do our best to accommodate you based on our schedule, however, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences.
- If major changes are requested by you or your nominated contact, we cannot guarantee that we will have room in our schedule to deliver those changes.
- If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled.
- To avoid disappointment and unnecessary additional costs, it is your 100% responsibility to ensure that your nominated contact is on the same page as you and is acting on your behalf.
- Online Payments: If you are processing your payment via this webpage to us, you will receive an automatic email confirmation once your payment has been received. We will call you within the next 3-5 working days to book your Start Day slot in our Schedule. Your Start Day slot will be within 30 days of the order you place on this webpage.
- The fee that you pay via this webpage covers your 1st month of Discovery, Planning, Development and Approval of your Social Media Strategy.
- Monthly Payments: Subsequent months are payable in advance of each month, upon receipt of invoice. Failure to make payment will result in services being suspended until payment is received.
- We plan your posts in advance and after our initial call, we will guide you as to what content we require from you.
- You, the client are to supply news / content / images for posting on your channels. If you don't have adequate imagery, we recommend that you have a photoshoot / videoshoot before commencing this project so that we have a bank of imagery to choose from.
- Deadlines work two ways and you’ll also be bound by any dates that we set together. The DEADLINE for your updated library bank of imagery / videos and captions must reach us no later than the 1st day of the month prior to the scheduled month of posting i.e. your updated library is to reach us by 1st July for any posts that we are to post on your behalf over the entire month of August. We need ample time to prepare, research, design, get approved and schedule on your behalf. Our clients hire us for our high standards and they can not be maintained if deadlines are not adhered to.
- We do not reply to comments on your posts and/or Direct Messages as you are the experts at what you do, and when you reply directly to your clients, it creates a bond between you and keeps you in control of your page.
- Any additional 3rd Party Costs to be paid by you, the client.
Our monthly retainers are similar to a gym membership i.e. we do not provide refunds if your monthly allowances are not availed of by you or if you have not supplied us with content to post. The onus is on you the client to ensure we receive a library of content to post in advance of each month.
- Any delays or errors by a 3rd party are not in our control and are not our responsibility.
- Our opening hours are Mon-Fri: 9am-5pm. We are closed on Weekends and Bank Holidays i.e. a request made at 6pm on a Friday will not be responded to over the weekend as our office is closed on weekends.
- All prices for our Monthly Retainer Services are quoted in Euro, exclusive of VAT @ 23%.
- We reserve the right to review our pricing every year. It is your right to choose whether or not to accept any cost increases.
- We reserve the right to refuse certain job requests (due to lack of availability) in which case we will refund your payment within 10 working days.
- You may not share or allow others to use our Services in your name.
- Purchase of this or any Monthly Management Service from us, indicates your acceptance of these Terms & Conditions.
Website Development – General Deadlines
You the client agree to provide us with everything that we need to complete the project – including text, images and other information – as and when we need it and in the format we ask for.
When applicable, it is your responsibility to ensure that ALL content has been approved by all necessary parties prior to submitting to us. If we have commenced or completed work using the content you have submitted, and you require revised changes due to your content not being approved, or no longer approved, we can certainly look after your revision requests however, it will not be done at our own cost. Any required amendments that must be made after you have submitted your content will be subject to our Post-Revision Fees / Rush Fees where applicable.
Dissatisfaction with our Services
If for any reason you are not completely happy with our services, please contact us immediately and tell us:
- exactly why you think we have failed;
- the date, if relevant, of the failure;
- when and how you discovered the failure;
- the result of the failure;
- your suggestion as to the action we should take to resolve the situation and restore your faith in us.
To do this, it is essential that you contact us by emailing us: email@example.com.
A 100% fee is due once the project has been finished. However, if you are unhappy with the first draft of our work and think there is no way in which we can work together then we will charge for any time invested up to that point and we may offer a partial refund. If you have proceeded to make any revisions to the first draft then refunds are strictly not issued beyond this stage.
If you are in credit with us, we can either issue a refund or alternatively provide you with digital services to that value.
Products and/or Services that have been digitally delivered instantly to you are not refundable as you have the full benefit of our Services straight away.
Cancellation of our Services / Ending our Relationship
- You may ask us to stop work on your project at any time giving us 1 month’s notice (with the exception of Social Media Management agreements where the minimum term is the first 6 months after set up - after which time it can be cancelled by giving us 1 month's notice). Payment will be due until the expiry of the notice period.
- We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on our Social Channels or Website.
- If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
- We may choose to stop acting for you, but only if we have good reason to do so (for example, if the original scope of work changes, if deadlines are not met, if you continually do not give us clear and constructive feedback, or if you do not make a payment when due). If we stop working for you we are still entitled to be paid for any work that we have performed.
- This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
Disclaimer of Warranties:
The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied (including without limitation, the accuracy, completeness or merchantability, quality or fitness for any particular purpose). We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate, timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
Limitation of liability
You, the client, agrees that it shall not hold Whizz.ie or their agents or employees liable for any incidental or consequential damages that arise from the Whizz.ie’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentionally or through negligent acts or omissions by Whizz.ie or by you the Client, or any client representatives or employees, or a third party.
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to use the Products, even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print one copy, and may download extracts, of any page(s) from the Services for your personal reference and you may draw the attention of others within your organisation to material posted on the Services.
You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Services must always be acknowledged.
You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
The material displayed on the Services is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted on the Services are not intended to amount to advice on which reliance should be placed.
The Services change regularly
We aim to update the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the Services, or close them indefinitely. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Services
Your access to the Services or certain features of the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functionality or services. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. From time to time, we may restrict access to some parts of the Services, or all the Services, to users including users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms, and that they comply with them.
Your use of the Services
You may use the Services only for lawful purposes. In particular, but without limitation, you may not use the Services:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- to attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services; or
- to attack our or any other site or service via a denial-of-service attack.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of the Services;
- any equipment or network on which the Services are stored;
- any software used in the provision of the Services; or
- any equipment or network or software owned or used by any third party.
By breaching this provision, you could commit a criminal offence including under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury arising from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited under applicable law, including our liability for defective products under the Consumer Protection Act 1987, our failure to use reasonable care and skill in the provision of services to you.
We (and third parties connected to us) exclude all liability and responsibility to you for any damage or loss that may arise to you or a third party in contract, tort (including negligence), breach of statutory duty, or otherwise:
- which was not foreseeable to both of us at the time you accepted these Terms (damage and loss is foreseeable if it is obvious that it would happen);
- in connection with the disclosure of your password contrary to these Terms;
- in connection with use of, or inability to use the Services or any of the functions of the Services (including any disruption, damage and/or loss of data on your computer system or mobile device that may occur while using the Services);
- in connection with use of or reliance on any information or material displayed on the Services;
- in connection with use of any third party site linked to the Services or the material on such websites; and/or
- caused by viruses or other harmful components originating or contracted from the Services or any third party site linked to the Services.
We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked from our website. Because neither we nor our services have control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
Similarly, from time to time in connection with your use of our services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
Information about you and your visits to our website
Linking to the Services
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
If you wish to make any use of material on the Services other than that set out above, please address your request to firstname.lastname@example.org.
Links from the Services
Where the Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We make no warranties or representations as to the legitimacy, accuracy or quality of any third party sites and we accept no responsibility for their content, safety, practice or privacy policies.
Jurisdiction and applicable law
The Irish courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, these Terms. These Terms (including any non-contractual claims or disputes) are governed by Irish law.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Services after the posting of any change will be deemed acceptance of the change. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Services.
If you have any concerns, please contact email@example.com.
Acceptance of Terms
The purchase of any package from us in Whizz.ie shall evidence acceptance of these terms by virtue of your continued use of our services.
Thank you for visiting our site.