Terms and Conditions
Terms and Conditions
Jimmy Data Terms and Conditions
“Client” means the person or entity who engages the Services of Jimmy Data whether the service is a paid software subscription, paid retainer or service subscription or whether the service is on an unpaid trial basis.
“Jimmy Data” means jimmydata.com, Jimmy Data, Jimmy Data, Game Creative Pty Ltd, workers, employees, subsidiaries, licensees and anyone action on behalf of or representing Jimmy Data.
“Services” means all services and subscriptions whether it be paid or unpaid.
“Subscription Fee” means the software subscription fee paid by the Client that the client has chosen.
“Service Fee” means any services undertaken by Jimmy Data
“Terms of Service” means the terms and conditions and terms of service of the Agreement.
“Website” means those of the Client’s website or website which specifically are to be the subject of the Services.
“Campaign” means those of the Client’s client, itself or an associated campaign where Jimmy Solution products are being used to manage, analyse or report, are to be the subject of the Services.
2. Service Description
Jimmy Data provides performance marketing solutions in the form of Jimmy Data software solutions as well as campaign management solutions. Jimmy Data is a software designed to customise, automate and analyse performance marketing data which is pulled out of third party servers. Such reports include but are not limited to Pay Per Click (PPC) reports, Search Engine Optimisation (SEO), Social Media and Email marketing reports. The Service is provided on an AS IS basis.
2.1 Service Terms
2.1.1 You must be a natural person, not a spider, crawler or robot of any kind.
2.1.2 You must be the owner, or have obtained authority to use the credit card for payment of the Services.
2.1.3 Your account security and account access is your responsibility. Jimmy Data is not liable for any outcomes resulting in lost or inappropriately shared data or account login details.
2.1.4 Only one (1) Free trial is permitted per Agency. A single MCC or agency cannot have several Free trial accounts.
2.1.5 Use of the software must be in conjunction, and abide by, laws in your jurisdiction.
2.1.6 . Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
3.1 The Client is deemed to have accepted these Terms and Conditions in any of the following ways:
(a) by executing these Terms and Conditions; (b) by providing a written acceptance to these Terms and Conditions by email or by any other form of written communication. Written communication includes: 1. these Terms and Conditions are received by the Client; or 2. these Terms and Conditions are brought to the notice of the Client.
3.2 These Terms and Conditions are to be read in conjunction with any other contractual documentation produced by Jimmy Data in relation to the Services to be performed.
4. Warranties by Client
4.1 The Client warrants that it is authorized to contract on behalf of the registered proprietor of the domain name of the Website in the Campaigns, and if the party engaging the Services of Jimmy Data and the proprietor of the domain name of the Website are different persons, both are deemed to be the Client in these Terms and Conditions and are jointly and severally liable for the obligations of the Client.
5. Client’s Responsibilities
5.1 The Client will:
5.1.1 disclose to Jimmy Data all information in the Client’s possession relevant to the provision of the Services; 5.1.2 comply with all legal requirements and requirements of all relevant statutory authorities relating to the Services;
5. Performance Levels
5.1 Jimmy Data will endeavour to ensure that any application, development/design will function correctly on the server which it is initially installed on and that it will function correctly when viewed with the latest version at the time of the Agreement of the web using the Chrome Browser. Jimmy Data can offer no guarantees of a correct function or data with all browser software and computer hardware including but not limited to Tablets and Smart Phones.
6. Exclusion of Liability of Jimmy Data
6.1. The Client and its agent each agree to indemnify Jimmy Data and all associated companies, its employees, agents and subcontractors against all damages, costs, expenses, claims, demands and loss of any kind including legal costs arising out of the completion and undertaking of any of Jimmy Data Services and without limiting the generality of the foregoing, to indemnify each of them in relation to defamation, injurious falsehood, passing off, unfair competition or trade practices, breach of contract, misrepresentation, breach of warranty or authority, slander of title, breach of copyright, infringement of trademark or names or titles, violation of rights of privacy, royalties or any breach of statute, regulation or other law giving rise to criminal or civil liability.
6.2. The Client agrees to indemnify Jimmy Data for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in Jimmy Data or any Service provided by Jimmy Data.
7. Fees and Payments
7.1 Jimmy Data provides both free and paid account options where the fees are based on the package chosen by the Client. www.jimmydata.com charges 1 month in advance for clients based on the charge and package the Client has selected.
7.2 Funds are taken as immediately through our secure eWay merchant facility with the account available to use for 30 days until the next payment is automatically deducted from your chosen credit card.
7.3 Ongoing payment is done automatically every 30 days from the day you purchased the Service.
7.4 Failed credit cards will be tried twice (including the default auto payment) and then the campaign will be disabled.
7.5 Any upgrades will supersede any Free trials or smaller packages. In the event of an upgrade, you will be charge the difference owing between what has already been paid and what is owed on the new fee structure.
7.6. Failure to pay any account by the due date or failure to comply with any of Jimmy Data terms and conditions will be regarded as a default. In the event of a default, Jimmy Data at its absolute discretion may: (a) cancel, suspend or delete the Client account; (b) demand payment for all other Service charges incurred but not yet due;
8.1 The Client may terminate the Agreement by simply cancelling their membership within their account.
8.2 In the case where a refund is offered or requested, the maximum refund will be the previous transaction made between Jimmy Data and The Client (previous month billing cycle)
8.3 Both the Client and Jimmy Data can terminate the monthly agreement immediately if any of the Terms and Conditions outlined have been breached.
9.1 The Client agrees that the Client’s personal data may be used and retained by Jimmy Data for the following purposes:
(a) provision of good & services
(b) Industry studies and Analysis (b) marketing of good & services (c) processing any payment instructions
(c) The sending of marketing material where the agency or Client has the ability to ‘opt out’ at any time.
10 GOODS & SERVICES TAX (GST)
10.1. The rates quoted in Jimmy Data’s agreements are inclusive of the Goods and Services Tax (“GST”) that arise out of or in connection with the charges or agreement unless specified otherwise. Any monetary level orders entered into for advertisements which are published after 30 June 2000 will be subject to GST.
11.1 You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement, which acceptance is confirmed by your clicking below. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Jimmy Data. (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this agreement, and may subject you to state and federal penalties and other legal consequences. Jimmy Data reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
11.2 Jimmy Data has the right, at its discretion, to remove, delete, refused any content being uploaded or being made available through its Service.
11.3 Jimmy Data takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Jimmy Data have any obligation to monitor such third party content.