BY PURCHASING THOUGHT PENNY’S AUTOMATION PACKAGES, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

To also review our full privacy policy please click here.

OVERVIEW

The terms “we”, “us”, “our”, and “THOUGHT PENNY” refer to Thought Penny Pty Ltd. The terms “Automation Package” and “Automation Packages” refer to service packages purchased via https://thoughtpenny.spiffy.co/checkout/automation-packages. The terms “user”, “you”, “your” and “Client”, refer customers and any other party who has purchased Thought Penny’s services. The term “parties” refer to both Thought Penny Pty Ltd and Client.

SERVICES

THOUGHT PENNY shall provide the following services based on the Automation Package purchased, as detailed below.

Automation Package ‘Keap Package 1 – Done BY You’:

  • Up to five (5) hours of ‘Keap Time’ available for each month Client has paid for this package, which is used by us to provide coaching, and/or automation implementation
  • Monthly CRM maintenance – mailing list cleansing (e.g., hard bounces, ID and fix email typos and maintain tagging conventions)
  • Provision of our Automation Organisation Guide covering automation methodology, tagging conventions and campaign maintenance
  • Basic Dashboard reporting set up
  • Unlimited email support

Automation Package ‘Keap Package 2 – Done WITH You’:

  • Up to fifteen (15) hours of ‘Keap Time’ available for each month Client has paid for this package, which is used by us to provide coaching, and/or automation implementation
  • Monthly CRM maintenance – mailing list cleansing (e.g., hard bounces, ID and fix email typos and maintain tagging conventions)
  • Provision of our Automation Organisation Guide covering automation methodology, tagging conventions and campaign maintenance
  • Basic Dashboard reporting
  • Unlimited email support
  • Unlimited phone support
  • Up to four (4) hours of Strategic planning workshops to map out customer journeys and internal workflows
  • Brand new Keap account set up – data imports, user set up, branding etc.
  • Integration set up with third-party apps (e.g., Zapier, DocuSign, Google Drive, Slack, Harvest, Asana)
  • Copywriting and graphic design assistance available using the ‘Keap Time’ you need to use before the end of the month

Automation Package ‘Keap Package 3 – Done FOR You’:

  • Up to fifteen (15) hours of ‘Keap Time’ available for each month Client has paid for this package, which is used by us to provide coaching, and/or automation implementation
  • Monthly CRM maintenance – mailing list cleansing (e.g., hard bounces, ID and fix email typos and maintain tagging conventions)
  • Automation Organisation Guide covering automation methodology, tagging conventions and campaign maintenance
  • Basic Dashboard reporting
  • Unlimited email support
  • Unlimited phone support
  • Up to six (6) hours of Strategic planning workshops to map out customer journeys and internal workflows
  • Brand new Keap account set up – data imports, user set up, branding etc.
  • Integration set up with third-party apps (e.g., Zapier, DocuSign, Google Drive, Slack, Harvest, Asana)
  • Copywriting and graphic design assistance available using the ‘Keap Time’ you need to use before the end of the month
  • Monthly review of overall account to optimise processes in line with feature upgrades and the latest best practices
  • Advanced native dashboard reporting set up
  • Advanced external reporting assistance

THOUGHT PENNY shall provide Client with the following additional services on an ‘as needed’ basis at the discretion of THOUGHT PENNY:

  • Additional tasks and hours of service requested by Client
  • Additional hours requested by Client
  • Extra hours of service
  • Rush service outside of normal business hours

COST

The total cost of all Services THOUGHT PENNY agrees to provide to Client is the amount paid when purchasing an Automation Package (the “Total Cost”).

Total Cost is inclusive of:

  • Costs associated with standard equipment (computer, phone and modem), telephone and internet contracts held by Thought Penny and Thought Penny’s subcontractors
  • Thought Penny’s software costs
  • Thought Penny’s subcontractor costs
  • Thought Penny’s insurance costs

Total Cost does not include:

  • Shipping & freight costs
  • Software that is not listed above and is purchased following Client’s approval or request

FEES

Thought Penny’s hourly rate is $200 PLUS GST per each hour spent on Client’s Services over the allotted amount of time purchased.

REFUSAL OF SERVICE

Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DEBT COLLECTION

Accounts in excess of 90 days will be forwarded to our solicitor for collection and all costs will be added to the outstanding amount. Client gives THOUGHT PENNY and THOUGHT PENNY’s authorized representatives permission to contact Client to recover any outstanding amount.

Expenses. Any expenses incurred by THOUGHT PENNY while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third party software licenses or products Client wishes THOUGHT PENNY to utilize. At THOUGHT PENNY’s discretion, THOUGHT PENNY will make reasonable efforts to integrate Client’s suggested software or products.

CONFIDENTIALITY

Parties will treat and hold all information of or relating to these Terms and Conditions, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of these Terms and Conditions, and, if Services is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of these Terms and Conditions. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of these Terms and Conditions.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of these Terms and Conditions.

These Terms and Conditions impose no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

Relationship of the Parties

THOUGHT PENNY and any related subcontractors are not employees, partners or members of Client’s company or organization. THOUGHT PENNY has the sole right to control and direct the means, manner and method by which the services in these Terms and Conditions are performed. THOUGHT PENNY has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to THOUGHT PENNY.

Intellectual Property

Any and all work created as a result of THOUGHT PENNY’s Services is considered a work for hire and are expressly assigned to and owned by Client upon creation. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.

Style Release

Client has spent a satisfactory amount of time reviewing THOUGHT PENNY’s work and has a reasonable expectation that THOUGHT PENNY’s Services will produce a reasonably similar outcome and result for Client. THOUGHT PENNY will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with THOUGHT PENNY’s current portfolio and services, and THOUGHT PENNY will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
● Every client and final delivery is different, with different tastes, budgets, and needs;
● THOUGHT PENNY will use their personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
● Dissatisfaction with THOUGHT PENNY’s independent judgment or individual management style are not valid reasons for termination of these Terms and Conditions or request of any monies returned.

LIMIT OF LIABAILITY

Client agrees that the maximum amount of damages they are entitled to in any claim of or relating to these Terms and Conditions or Services provided herein are not to exceed THOUGHT PENNY’s Total Cost as set forth in these Terms and Conditions.

INDEMNIFICATION

Client agrees to indemnify and hold harmless THOUGHT PENNY and its employees, agents and independent subcontractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.

TERMINATION

The services rendered by Thought Penny are guaranteed for 30-days from the date of project completion. This limited warranty provides necessary revisions to service to re-establish campaign or service provided by Thought Penny back to working order. The limited warranty is voided if Client makes changes or alterations to the work completed by Thought Penny. Warranty does not cover technological factors including, but not limited to software compatibility, software malfunctions, software updates, API integrations or features that are no longer supported by the owner of technology (such as plug-ins or features in software and/services).

ASSUMPTION OF RISK

Client and related parties/ participants expressly assume any risk of Services and related activities as described herein.

NON-DISPARAGEMENT

The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to these Terms and Conditions.

SOLICITING THOUGHT PENNY’S VIRTUAL ASSISTANT SUBCONTRACTORS DURING PROVISION OF SERVICES & AFTER TERMINATION OF SERVICES

At all times during these Terms and Conditions and for a period of three (3) years following the termination of these Terms and Conditions and Client’s relationship with Thought Penny, Client shall not, directly or indirectly, disclose to any person, firm, organisation or corporation the names or addresses of any Virtual Assistant subcontractor of Thought Penny or any other information pertaining to them. Neither shall Client call on, solicit, take away, or attempt to call on, solicit, or take away any Virtual Assistant subcontractor of Thought Penny on whom Client has called or with whom Client became acquainted during the term of these Terms and Conditions and Client’s relationship with Thought Penny, as the direct or indirect result of Client’s relationship with Thought Penny.

CANCELLATIONS & REFUNDS

You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any fees already paid.

Once you cancel you will no longer have access to the Service.

No partial refunds are given should you terminate a subscription before your renewal date, however you will retain access to the Service until the end of your payment term.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

SERVICE DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

OUR INTELLECTUAL PROPERTY

The campaigns we build within your Keap Pro, Keap Max or Keap Classic application contain intellectual property owned by Thought Penny Pty Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. Thought Penny Pty Ltd’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Thought Penny Pty Ltd’s copyrighted materials shall remain the sole property of Thought Penny Pty Ltd. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Service with a non-member of Client’s organisation. We reserve the right to immediately cancel Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THOUGHT PENNY PTY LTD IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THOUGHT PENNY PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THOUGHT PENNY PTY LTD’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THOUGHT PENNY PTY LTD, AND IF NO PURCHASE HAS BEEN MADE BY YOU THOUGHT PENNY PTY LTD’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Thought Penny Pty Ltd. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

These Terms and Conditions constitute the entire agreement between you and Thought Penny Pty Ltd pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by Thought Penny Pty Ltd shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Thought Penny Pty Ltd.

NOTICES

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

Thought Penny Pty Ltd
PO Box 188
Cardiff NSW 2285
Australia

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement and these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Updated: January 2021