Terms & Conditions

Welcome to Adelaide Socials, a digital marketing and social media management firm that operates under the DBA of Neon Garage PTY LTD. By accessing our services through the website or any associated service channels, you are agreeing to the following terms and conditions.

1. Agreement to Terms

By accessing and using the website, digital platforms, or services provided by Neon Garage Pty Ltd, doing business as Adelaide Socials, you signify your acceptance and agreement to be bound by these terms and conditions, and any other related policies, conditions, and guidelines. If you are using our services on behalf of any entity, you represent and warrant that you are authorised to accept these terms on such entity's behalf, and that such entity agrees to indemnify you and Neon Garage Pty Ltd for violations of these terms. These terms apply to all users of our services, including but not limited to users who are browsers, vendors, customers, merchants, and contributors of content.

2. Intellectual Property Rights

All content present on our Site - including visuals, text, logos, documents, downloadable files, and anything else that contributes to the composition of our site - is owned by Neon Garage Pty Ltd doing business as Adelaide Socials or is used with permission. This site and the content provided on it may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for public or commercial purposes, except as provided under these Terms and Conditions without prior written consent from Neon Garage Pty Ltd doing business as Adelaide Socials.

3. User Representations

By using the Site, you affirm that you are at least 18 years old or have legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You further represent and warrant that you are legally permitted to use the service, and take full responsibility for the selection and use of and access to the service.

4. Fees, Payments, and Subscriptions

Fees for our services are stated in Australian Dollars (AUD) and United States Dollars (USD) and include GST if applicable. Payment for services must be made using a valid credit card through our online payment system or any other payment method designated by us.

Subscriptions to our services may require a recurring fee. By subscribing, you hereby authorise Neon Garage Pty Ltd, doing business as Adelaide Socials, to charge your credit card automatically according to the terms of your subscription. All recurring subscriptions are renewed automatically until cancelled by the user in accordance with the terms specific to the subscription agreement.

Certain subscriptions, particularly those associated with promotional offers or those involving significant upfront investments on our part, may not be cancellable prior to the end of their agreed term. Charges incurred by your account are not refundable, except as explicitly stated in our Cancellation Policy.

5. Cancellation Policy

You may cancel your subscription to services provided by Neon Garage Pty Ltd, doing business as Adelaide Socials, at any time. For most services, you must provide at least one month's written notice via email or using the contact form on our website. The cancellation will take effect the day after the last day of the current subscription period.

For users who have accepted the free website offer under our promotional giveaway, a minimum subscription period of two years is mandatory. If you choose to cancel before the completion of the two-year period, you will be subject to a website hosting fee of $40 USD per month for the remaining months of the two-year term, covering website hosting costs for the duration of the promotional commitment.

No refunds are provided for cancellation partway through a subscription period unless explicitly specified or agreed upon under exceptional circumstances at the discretion of Neon Garage Pty Ltd.

6. Hosting Services

Neon Garage Pty Ltd doing business as Adelaide Socials provides web hosting services under the following terms:

• Service Level: We strive to ensure maximum uptime and reliability. Our hosting services include routine maintenance and support. Despite our efforts, occasional outages and downtime may occur.
• Liability for Damages: Neon Garage Pty Ltd is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of our hosting services.
• Data Integrity: While we perform regular backups, clients are encouraged to maintain their own backups. We are not responsible for data loss due to unforeseen circumstances.
• Usage Policy: Hosting services may not be used for unlawful activities, including but not limited to the hosting of malicious or harmful software.
• Payment and Fees: Hosting fees are due at the beginning of each billing cycle. Failure to fulfil payment obligations may result in the suspension or termination of services.

7. White Label Services

Neon Garage Pty Ltd doing business as Adelaide Socials offers white label services allowing clients to rebrand and resell our services under their own names:

• Anonymity: We ensure complete anonymity in our white label partnerships, allowing our clients to maintain a consistent brand experience.
• Support and Maintenance: We provide ongoing support and maintenance to our white label partners.
• Pricing and Fees: Specific pricing agreements are established under individual contracts to support the business goals of our white label partners.

8. User-Generated Contributions

The website may allow users to post content, submit feedback, or make other contributions. Such contributions must be lawful and must not infringe on the rights of others. We reserve the right to review, edit, or remove any content that does not comply with our policies.

9. Third-Party Websites and Content

Our services may link to other websites or contain third-party content. These links and contents are not under our control, and we are not responsible for their terms of use or privacy practices. Any interactions or business dealings with third parties found through our services are solely between you and the third party.

10. Site Management

Neon Garage PTY LTD doing business as Adelaide Socials reserves the right but not the obligation to monitor the Site for violations of these Terms and Conditions, take appropriate legal action against anyone who violates applicable laws, and manage the Site in a way that protects our rights and property.

11. Term and Termination

These Terms and Conditions are effective unless and until terminated by either you or us. Neon Garage PTY LTD doing business as Adelaide Socials may also terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms and Conditions.

12. Modifications and Interruptions

Neon Garage PTY LTD doing business as Adelaide Socials reserves the right to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice at any time. We cannot guarantee the Site will be available at all times.

13. Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of South Australia and the federal laws of Australia applicable therein. You agree that any legal action or proceeding between you and Neon Garage PTY LTD doing business as Adelaide Socials will be brought exclusively in the courts located in South Australia, Australia.

14a. Dispute Resolution (Australian Clients)

If you are located in Australia, the following process applies to any dispute arising out of or relating to these Terms:

1. Negotiation. The parties will first attempt in good faith to resolve the dispute through direct negotiation for a period of at least 14 days after written notice of the dispute is given.
2. Mediation. If the dispute is not resolved through negotiation, either party may refer it to mediation with a mediator agreed between the parties (or, failing agreement, a mediator appointed by the Resolution Institute). The costs of mediation will be shared equally between the parties unless the mediator determines otherwise.
3. Court Proceedings. If the dispute remains unresolved 30 days after a request for mediation, either party may commence proceedings in a court of competent jurisdiction. The courts of South Australia have non-exclusive jurisdiction over any such proceedings.
4. Nothing in this clause excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law, including any consumer guarantee that cannot lawfully be excluded, and nothing in this clause requires you to give up your right to bring proceedings in a court.

14b. Dispute Resolution (US Clients)

If you are located in the United States, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Clark County, Nevada, and governed by the Federal Arbitration Act. Class Action Waiver: any arbitration will be conducted on an individual basis, and you waive any right to participate in a class, collective, or representative action.

15. Disclaimer

The Site and all information, content, materials, products, and services are provided by Neon Garage PTY LTD doing business as Adelaide Socials on an “AS IS” and “AS AVAILABLE” basis unless otherwise specified in writing. Neon Garage PTY LTD doing business as Adelaide Socials makes no representations or warranties of any kind, express or implied, as to the operation of the Site.

16. Limitations of Liability

Neon Garage PTY LTD doing business as Adelaide Socials shall not be liable for any damages that result from the use of, or the inability to use, the services and products provided. In no event will Neon Garage PTY LTD doing business as Adelaide Socials be liable for any direct damages exceeding the amount you paid to us for the product or service from which the claim arises within the twelve (12) months prior to the claim.

17. Indemnification

You agree to defend, indemnify, and hold harmless Neon Garage PTY LTD doing business as Adelaide Socials, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site.

18. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

19. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Neon Garage PTY LTD (Adelaide Socials)
Email: hello@adelaidesocials.com.au
Phone: 0419 164 476
Adelaide, South Australia, Australia