audacious terms and conditions
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.
- 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 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 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.
Privacy Notice For California Residents
Definitions
Website
The Audacious Agency Pty Ltd or https://theaudaciousagency.com
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Website to Users.
User (or You)
Indicates any natural person or legal entity using this Website.
This Privacy Notice for California Residents supplements the information contained in the Website’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California. We adopted this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
The Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).
In particular, Website has collected the following categories of personal information from its consumers within the last 12 months:
Category | Examples | Collected |
---|---|---|
A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | YES |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | YES |
C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | YES |
D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | YES |
F. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a Website, application, or advertisement. | YES |
G. Geolocation data. | Physical location or movements. | YES |
H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | YES |
I. Professional or employment-related information. | Current or past job history or performance evaluations. | YES |
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | YES |
K. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | YES |
Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’s scope, like certain health or medical information and other categories of information protected by different laws.
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Website.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our or our affiliates’ assets in which personal information held by us or our affiliates about our Website users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
Service providers.
Data Aggregators.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
The categories of personal information we’ve collected about you.
The categories of sources for the personal information we’ve collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we’ve collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Calling us at +61457788813
Emailing us at office@theaudaciousagency.com
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we’ve collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales
We will not sell your personal information to any party. If in the future, we anticipate selling your personal information to any party, we will provide you with the opt-out and opt-in rights required by the CCPA.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to office@theaudaciousagency.com.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which we collect and use your information described below and in our Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: +61457788813
Website: https://theaudaciousagency.com
Email: office@theaudaciousagency.com
Digital Millennium Copyright Act Policy
Welcome to https://theaudaciousagency.com (the “Site”). We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit the notice to us that sets forth the following information:
Notice of Infringement – Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices through our Contact page. Please send by email for prompt attention.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
- Send your counter notice through our Contact page. Email is highly recommended.
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Modifications
We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.