Terms & Conditions

These Terms govern your access to, usage of all content, Product and Services available at https://theaudaciousagency.com website (the “Service”) operated by The Audacious Agency Pty Ltd (“us”, “we”, or “our”).

Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Audacious Agency Pty Ltd and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
• You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorised uses of your account or upon becoming aware of any other breach of security.

Awards & Profile Building Services

As each award program differs, packages are an example of submission requirements. All packages require client to attend an online interview with The Audacious Agency and to supply relevant information for the entry and support documentation as needed. All entries will be approved by clients before submission and clients are responsible for confirming entries for submission in time for the entry dates of the awards. Rush fees will be applied if clients do not confirm within 12 hours of the award closing date or if the package is obtained within 1 week or less of the closing date. The Audacious Agency does not guarantee success with any awards platform, we do provide clients with everything they need to leverage their entry, as a nominee, finalist or winner.

Not included, But highly recommended to budget for:

• Entry fees, range from Free to $125 - $900 per entry
• Shipping - trophies, awards, medals or certificates - eg free to $190
• Tickets to awards gala event, ceremony or conference - eg $200 - $900
• Travel and accommodation - range $500 - $10,000
• Hair styling, make-up, nails or wardrobe required - eg $300
• Professional photography or video - may be included in gala dinner tickets but allow $100-$250 to pay for this service at the event

deliverables subject to change:

• The Audacious Agency does not guarantee success with awards, as we only select award programs with rigorous systems and judging. We do not recommend entering paid awards that guarantee you an automatic win, as they lack credibility. We leverage all awards regardless of your final status as an entrant, finalist or winner.
• Deadlines and fees are subject to change and range across awards programs. We aim to communicate all deadlines and fees, but they may differ from the start of the calendar year. We reserve the right to substitute any award after discussion with the client.
• The media industry is constantly changing, and some publications may not be available at times. Alternatives will be sourced as and when needed.
• We monitor media call-outs and requests from journalists, so we can leverage opportunities as they occur, which may not be on your plan. We do guarantee the targeted media will publish your media articles or a syndicated online service.
• It is the clients responsibility to provide accurate and up-to-date information and be honest in the awards and media interviews.
• All communications will be conducted via email and via the systems we use to process awards and publicity. No comms via social media will not be entered into.
• The client is required to approve all awards entries and media articles in a timely manner. The Audacious Agency cannot be held responsible for missed deadlines if the client fails to respond to approval requests or late payment of entry fees.
• Rush rate of up to $200 may be charged if clients request a new entry be submitted within 1 week of the awards deadline.
• Once created, and as long as all payment have been made by the client for the services provided, all award entries and media articles, social media content, media kit, and support document remain the property of the client and can be requested at anytime.

profile building plans & services:

• It is the client's responsibility to provide accurate and up-to-date information and to be completely honest during the strategy session. We create a plan based on the information shared with us and cannot start from scratch if the client changes their direction or goals. The client is required to attend the strategy session, review, and approve the plan promptly. The Audacious Agency cannot be held responsible for missed deadlines if the client fails to respond to requests in a timely manner.
• Profile Building Plans will not be released until the client has completed all payments. Our strategic approach begins as soon as you request your plan and pay the fee, drawing upon decades of brand building, journalism skills, and award-winning expertise from the outset. No refunds will be offered at any time.
• The Audacious Agency does not guarantee success based on the Profile Building Plan developed. We select award programs known for rigorous judging processes, and do not recommend entering paid awards that guarantee automatic wins, as they often lack credibility. We encourage clients to leverage all awards, regardless of their final status, and any published or broadcast media content resulting from the plan. We provide the resources necessary to do so.
• Award deadlines and fees are subject to change and vary across awards programs. While we aim to list all deadlines and fees, they may differ from the start of the calendar year.
• The media industry is constantly evolving, and some publications listed in the plan may become unavailable. We recommend using Medianet, Sourcebottle, HARO and other proactive listings to stay updated with media developments. You are encouraged to monitor media call-outs and journalist requests to seize opportunities as they arise, even if they are not part of the initial plan.
• The Profile Building Plan covers activities for a 3, 6 or 12-month period. Once approved, and as long as it has been paid for by the client, it becomes the property of the client to implement as they see fit. Clients can request plan updates for an agreed review fee at any time, and we recommend reviewing it at least annually. It is the client's responsibility to implement the plan, unless they choose to appoint The Audacious Agency for implementation.
• It is the client’s responsibility to provide accurate, up-to-date, and honest information, and to ensure they have the legal right to share and use all information and documentation provided for award entries and media interviews.
• By engaging with The Audacious Agency to create and/or implement a Profile Building Plan, clients agree to these terms and conditions.

working with us:

• Our profile building services are structured to offer clients the flexibility of selecting between 3, 6, or 12-month engagement periods. We emphasise that the minimum period for working with us is at least 3 months, as this timeframe is essential to effectively build and gain traction for your profile. Throughout the service duration, we conduct monthly reviews to assess progress and ensure alignment with your objectives. At the end of the agreed term, clients have the option to choose whether to extend their engagement with us based on their evolving needs and goals. This approach allows us to continuously adapt our services to best serve your profile-building requirements.
• Clients have the option to pause or terminate their profile building service with a minimum of 30 days' notice, recognising the ongoing nature of the work we undertake. This flexibility is essential because our services, including the development of awards entries and media articles, may be in progress at any given time and often require several months to yield tangible results. We aim to ensure that our clients have control over their engagement with us while respecting the intricacies of our service delivery process. Please note that any ongoing projects, such as awards entries or media articles, will be handled according to the terms outlined in the initial agreement, and the results achieved up to the point of termination will be delivered in accordance with our standard procedures.
• Payment plans are made available to assist clients in paying off the service fees over time. They are not a ‘per award’ or per article’ agreement, they are a split payment for services. Should a client wish to cease the service at any time, giving 30 days notice, the payment plan will continue until such time that the services provided are in accordance with the payment plan agreed to. Many awards or media opportunities take many months to complete and work may have already begun when the cancellation is requested.
• We want to clarify our policy regarding refunds and the nature of our services. While we do not guarantee award wins or specific outcomes, we do guarantee the provision of valuable resources and content that can be repurposed for your benefit. If fully paid for, these resources and content remain the sole property of the client once completed, regardless of the service duration. It's important to note that due to the often intangible nature of our work and the personalised efforts invested, we do not offer refunds at any time. However, we understand that unforeseen circumstances can arise, such as business closure or the unfortunate event of death, or force majeure events. In such cases, we are open to discussing potential solutions on a case-by-case basis, with the aim of reaching a fair and equitable resolution. Your satisfaction and our commitment to a positive client experience remain our top priorities

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your The Audacious Agency Pty Ltd account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. The Audacious Agency Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Audacious Agency Pty Ltd, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Queensland Australia.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Queensland Australia.

Changes

The Audacious Agency Pty Ltd reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.

Confidentiality and Data Handling
The Audacious Agency ("we" or "us") and the Client (collectively, "Parties") acknowledge that during the course of providing Services, each Party may disclose to the other Party certain non-public, proprietary, or confidential information (collectively, "Confidential Information"). Confidential Information includes, but is not limited to, business strategies, financial data, personal details, intellectual property, unreleased products or services, and all payment information including credit card details provided by the Client for the purpose of service delivery.

Both Parties agree to:
Use Confidential Information solely for the purpose of performing the obligations or receiving the benefits under these Terms.
Maintain the strict confidentiality of all Confidential Information, employing at least the same degree of care as they use to protect their own similar confidential information, but in no event less than reasonable care.
Not disclose Confidential Information to any third party without the disclosing Party's prior written consent, except as strictly necessary to perform the Services (e.g., sharing relevant details with award judges if applicable, as approved by the Client) or as required by law.
Restrict access to Confidential Information to only those employees, contractors, and agents who have a genuine "need-to-know" for the purpose of providing the Services, and who are bound by confidentiality obligations at least as stringent as those contained herein.
Data Security Measures:
The Audacious Agency implements reasonable and appropriate technical and organisational security measures designed to protect Client Confidential Information against unauthorised access, disclosure, alteration, and destruction. These measures include internal policies for data handling, secure systems for communication and storage, and access controls.

Acknowledgement of Inherent Risks & Limitation of Liability for Data Breaches:
While we are committed to safeguarding your information with high internal trust and diligent practices, the Client acknowledges that no data transmission over the internet or method of electronic storage can be guaranteed to be 100% secure. Despite our reasonable efforts, The Audacious Agency cannot offer an absolute guarantee against all potential security incidents, including but not limited to, sophisticated cyber-attacks, human error, or unforeseen system vulnerabilities.

In the unlikely event of an unauthorised disclosure or data breach of Confidential Information, The Audacious Agency will take immediate reasonable steps to mitigate the impact and will notify the affected Client(s) as required by applicable Australian laws and regulations. To the maximum extent permitted by law, The Audacious Agency shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising from any unauthorised access, disclosure, alteration, or destruction of Confidential Information, provided that The Audacious Agency has implemented reasonable and appropriate security measures to protect such information. This limitation applies even if The Audacious Agency has been advised of the possibility of such damages.

Our collection, use, and disclosure of personal information are governed by our Privacy Policy, available on this page.
By using our Services, you consent to the terms of our Privacy Policy.

Privacy Policy

The Audacious Agency Pty Ltd (ABN: 91637121432) is committed to protecting your privacy and personal information. This Privacy Policy outlines how we collect, use, disclose, store, and manage your personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).

By engaging with our services, visiting our website at https://theaudaciousagency.com, or otherwise providing us with your personal information, you consent to the practices described in this Privacy Policy.

What is Personal Information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

Sensitive information, a subset of personal information, includes information about your health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, or criminal record. We generally do not collect sensitive information unless it is necessary for our services and you consent, or if required or authorised by law.

Collection of Personal Information

We collect personal information that is reasonably necessary for us to provide our services and to operate our business. The types of personal information we may collect include:

• Contact Details: Your name, email address, phone number, and mailing address.
• Business Information: Company name, ABN/ACN, industry, role/title, and business objectives.
• Award & Profile Information: Detailed information about your business, achievements, financial data, personal background, operational specifics, and other relevant content required for award entries, media articles, and profile building activities. This may include confidential business strategies and sensitive personal anecdotes or career history.
• Payment Information: Billing details, credit card numbers, or other financial information necessary to process payments for our services.
• Communication Records: Records of your interactions with us, including emails, phone calls, and messages through our communication platforms.
• Website Usage Data: Information about how you use our website, such as IP address, browser type, pages visited, and time spent on our site (collected via cookies and analytics tools). This data is typically aggregated and de-identified where possible.

We collect personal information in various ways, including:

• Directly from you when you:
  • Enquire about or engage our services.
  • Attend online interviews or strategy sessions.
  • Provide information for award entries, media articles, or profile building.
  • Communicate with us via email, phone, or our online systems.
  • Register for an account on our website.
  • Make payments for our services.
• From publicly available sources (e.g., your company website, public social media profiles) where relevant to our services.
• Through third-party service providers (e.g., payment processors, analytics providers) in the course of providing our services.
  
  Use of Personal Information
  We use your personal information for the primary purposes for which it was collected, including:
  • To provide our award writing, profile building, and related services to you.
  • To communicate with you regarding your projects, progress, and updates.
  • To process payments and manage our financial records.
  • To respond to your enquiries and provide customer support.
  • To improve our services and internal processes.
  • To comply with our legal obligations.
  • For internal administrative and reporting purposes.
• We may also use your information for secondary purposes closely related to the primary purpose, where you would reasonably expect such use. For example, using your contact details to send you occasional updates about our services or relevant industry news, unless you opt out.
  
  
   Disclosure of Personal Information
  We may disclose your personal information to third parties in the following circumstances:
  • With Your Consent: When you explicitly authorise us to do so, for example, by approving the submission of an award entry containing your information to an awards body.
  • Third-Party Service Providers: To contractors or service providers who assist us in operating our business (e.g., payment processors, IT support, cloud hosting providers, analytics services). These third parties are only provided with the information necessary to perform their specific functions and are required to protect your information in a manner consistent with Australian privacy laws.
  • Awards Bodies & Media Outlets: Information necessary for the submission of award entries or pitching media stories, as directly authorised by you through your engagement with our services.
  • Professional Advisors: To our accountants, lawyers, or other professional advisors where necessary for legal or financial compliance.
  • When Required by Law: If we are legally required to do so by a court order, subpoena, or other legal process.
  • Business Transfers: In the event of a merger, acquisition, or sale of all or part of our assets, your personal information may be transferred to the acquiring entity.
    
    We do not sell, rent, or trade your personal information to third parties for their marketing purposes.
    
    Overseas Disclosure
    We generally store and process personal information within Australia. However, some of our third-party service providers (e.g., cloud hosting, project management software) may store or process data outside of Australia.
    When we disclose your personal information to an overseas recipient, we take reasonable steps to ensure that the overseas recipient handles your personal information in accordance with the Australian Privacy Principles, or is subject to laws or schemes that are substantially similar to the APPs.
    
    
    Security of Personal Information
    We take reasonable steps to protect the personal information we hold from misuse, interference, and loss, as well as from unauthorised access, modification, or disclosure. These steps include:
    • Data Encryption: Use of encryption for sensitive data where appropriate.
    • Access Controls: Restricting access to personal information to authorised personnel on a "need-to-know" basis.
    • Secure Systems: Implementing secure electronic systems for data storage and communication.
    • Physical Security: Protecting physical documents and premises.
    • Internal Policies: Maintaining internal policies and procedures for data handling and security.
    • Staff Training: Training our staff on privacy and data security obligations.
      
      While we strive to protect your personal information, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee absolute security. We encourage you to also take steps to protect your personal information, such as using strong passwords and keeping your account details confidential.
      
      Accessing and Correcting Your Personal Information
      You have the right to request access to the personal information we hold about you and to request that we correct any inaccuracies.
      To request access or correction, please contact us using the details below. We will respond to your request within a reasonable time and, in most cases, provide you with access or make the correction. We may charge a reasonable fee for providing access to your information, particularly if it involves extensive searching.
      We may decline your request in certain circumstances permitted by the Privacy Act, such as if granting access would impact the privacy of others.
      
      Making a Privacy Complaint
      If you believe that we have breached the Australian Privacy Principles or mishandled your personal information, please contact us immediately using the details below.
      We will investigate your complaint promptly and aim to resolve it within a reasonable timeframe. If you are not satisfied with our response, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
      
      Website Cookies and Analytics
      Our website may use "cookies" to enhance user experience. Cookies are small data files placed on your device. We use cookies for:
    • Essential functionality: To make our website work correctly.
    • Analytics: To understand how users interact with our website, which helps us improve it.
    • Personalization: To remember your preferences.
      
      You can set your browser to refuse cookies or to alert you when cookies are being sent. However, if you do this, some parts of our website may not function properly.
      We use third-party analytics services (e.g., Google Analytics) to collect information about website traffic and usage. These services may also use cookies and collect data in accordance with their own privacy policies.
      
      Links to Other Websites
      Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to read the privacy policies of any website you visit.
      
      Changes to This Privacy Policy
      We may update this Privacy Policy from time to time to reflect changes in our practices, technology, or legal requirements. We will post any changes on this page and, if the changes are significant, we may provide a more prominent notice (e.g., on our website homepage or by email). Your continued use of our services after any changes indicates your acceptance of the updated Privacy Policy.
      
      Contact Us
      If you have any questions about this Privacy Policy, wish to access or correct your personal information, or make a complaint, please contact us:
      Privacy Officer 
      The Audacious Agency Pty Ltd
      Email: office@theaudaciousagency.com
      Phone: 0457836644
      Postal Address: PO Box 1585, Sunshine Plaza, Queensland 4558, Australia

Copyright Infringement Policy

The Audacious Agency Pty Ltd ("we", "us", "our") respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for addressing claims of copyright infringement that arise from content accessible through our website at https://theaudaciousagency.com (the “Site”) or our services.

This policy is based on the principles of the Copyright Act 1968 (Cth) and related Australian laws concerning online copyright infringement.

Reporting Copyright Infringement – Notice of Claim

If you are a copyright owner or an agent authorised to act on a copyright owner's behalf, and you believe that material accessible through our Site or services infringes your copyright, you may submit a written notice of alleged infringement to us.

To be effective, your notice of infringement ("Infringement Notice") should include the following information:

• Identification of the Copyrighted Work: A clear description of the copyrighted work that you claim has been infringed (e.g., title, author, registration number, if applicable).
• Identification of Infringing Material: Sufficient information to enable us to locate the material that you claim is infringing. This should include the specific URL(s) of the page(s) on our Site where the alleged infringing material is located, or a clear description of where it can be found within our services.
• Your Contact Information: Your full legal name, physical address, email address, and telephone number, so we can contact you regarding your claim.
• A Statement of Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
• A Statement of Accuracy: A statement that the information in the Infringement Notice is accurate, and that you are the copyright owner or are authorised to act on behalf of the copyright owner.
• Your Signature: A physical or electronic signature of the copyright owner or a person authorised to act on behalf of the owner.

Important Note: Providing false or misleading information in an Infringement Notice may have legal consequences under Australian law.

Please send all Infringement Notices via email for prompt attention, or through our Contact page.

Our Designated Contact for Copyright Notices: office@theaudaciousagency.com

We may, at our discretion, share the identity and information contained in any copyright infringement claim we receive with the alleged infringer. By submitting a claim, you understand and agree that your identity and claim may be communicated to the party who allegedly infringed your copyright.

Counter-Notification – Request for Restoration of Material

If you believe that material removed from our Site or services due to an Infringement Notice was removed as a result of mistake or misidentification of the material, you may provide us with a written counter-notification.

Your counter-notification should include substantially the following information:

• Your Physical or Electronic Signature.
• Description of Removed Material: Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed or disabled.
• A Statement of Good Faith Belief: A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question.
• Your Contact Information: Your full legal name, physical address, email address, and telephone number.

Please send your counter-notification via email for prompt attention, or through our Contact page.

Our Response and Action

Upon receiving a valid Infringement Notice, we will take reasonable steps to investigate the claim. If we determine that the material infringes copyright, we will expeditiously remove or disable access to the infringing material.

If we receive a valid counter-notification, we may, at our discretion, restore the material to the Site or services, unless the copyright owner has commenced legal action to restrain the alleged infringement.

We reserve the right to remove any content at any time, for any reason, at our sole discretion.

Repeat Infringer Policy

We take copyright infringement seriously. We maintain a record of copyright infringement notices and make a good faith effort to identify any users who repeatedly infringe copyright. Users who violate our internal repeat infringer policy may have their access to our services terminated.

Modifications

We reserve the right to modify the contents of this policy for handling copyright infringement claims at any time for any reason. We encourage you to check this policy frequently for any changes.