The following agreement and terms and conditions apply to the services provided by Crocodile Marketing Pty Ltd. (“Project” and “HubSpot CRM Operation” offered by Crocodile Marketing Pty Ltd (“Crocodile”) to the client name list on the first page of this proposal. (“Client”).

The Client must read, agree with, and accept all of the terms and conditions contained in the Terms and Conditions and Privacy Policy before Crocodile commences any work.

1. 1. Agreement and authorization to perform services. Client’s purchase of the above-described project shall constitute Client’s agreement to be bound by the terms and conditions of the Agreement and the project and/or HubSpot CRM operation and shall authorise Crocodile to perform the services in accordance with this Agreement.
   2. Product and Services
      1. Projects.
         1. Pricing and payment. The Price to perform the Project contemplated by this agreement is identified within the above proposal.
         2. Crocodile reserves the right to change pricing, if the scope of work is changed.
         3. Any change to the project made after 30 days after final delivery is considered an enhancement, and will be billed at a standard hourly rate or quoted individually.
      2. HubSpot CRM Operations
         1. The HubSpot CRM Operations is an online service that offers email support to operators of HubSpot. Services include but are not limited to, any service and/or content Crocodile makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed through Crocodile’s services.
         2. The Client’s access to and use of the job ticketing and/or Crocodile’s service may be interrupted from time to time as a result of equipment malfunction, updating, maintenance, or repair of the job ticketing and/or Crocodile’s service or any other reason within or outside the control of Crocodile. Crocodile reserves the right to amend, suspend or discontinue the availability of the job ticketing and/or any Crocodile Service and/or remove any content at any time at its sole discretion and without prior notice.
         3. Prices for the HubSpot CRM operation may change at any time at Crocodile sole and exclusive discretion. The Crocodile services do not provide price protection or refunds in the event of a price reduction or promotional offering.
         4. The client agrees to pay the fees, in such amount and for such billing frequency as specified within the agreement on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, annually).
         5. Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. You will receive the email at the start of the service.
         6. There’s no limit to the number of requests you can send us. The allowances are:
            1. Gold = 1 task at a time
            2. VIP = 2 tasks 2 at a time
            3. Growth = 3 tasks at a time
         7. The term “unlimited requests” means that 1 task will be delivered at a time. If you send fifty or more tasks to Crocodile, the limiting factor will be turnaround time. This goes for the sheer volume of tasks, and the complexity of each task. When the task is complete we will set it as resolved but you need to close the task or tell us to close the task for us to start on the next available task that may be in the queue. So to get the most out of Crocodile, make sure you have provided all the information and content needed to complete the tasks in time.
         8. Crocodile does not provide any guarantee either express or implied on the timeframe of when a support request can or will be resolved. Crocodile will do their best to work with the Client to accommodate any priority items.
         9. Termination and Cancellation. 
            1. The HubSpot CRM Operation can be cancelled at any time after the minimum 3 monthly term. 
            2. To terminate the HubSpot CRM operation monthly subscription the client must do this by sending an email to the support team.  Once cancelled the client subscription will run until the next billing cycle.
            3. Crocodile may terminate or suspend any and all Crocodile services and/or the Client's HubSpot CRM Operation account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease.
      3. Lost, altered and unauthorised access of computer files. Crocodile, its employees, agents and subcontractors shall not be liable for unauthorised access/viewing of files, lost or altered files, data or programs, even if caused by the negligence of Crocodile or its agents or employees or subcontractors. Client understands that, even though Crocodile will employ security measures as is customary, Crocodile makes no guarantee that unauthorised persons will not view/edit data. Client understands that unauthorised persons have the ability to see any computer file, no matter how well protected, that they want, including Client files.
      4. Limited warranty; disclaimer of warranties. Crocodile warrants that the services to be performed under this agreement shall be performed in a professional and workman like manner. Crocodile does not warrant software or any services provided by an independent third party supplier or software manufacturer. You must refer to the warranty provided by such a third party.
      5. Limitation of liability. Except where such exclusion is contrary to public policy, in no event shall Crocodile, its employees, agents or contractors, be liable under this agreement for any indirect, special, exemplary, consequential, or incidental damages, including but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the product or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim, including but not limited to, breach of warranty, breach of contract, tort (including negligence) or strict liability, even if Crocodile has been advised of the possibility of such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any portion of this section is held invalid or unenforceable, any liability of Crocodile is expressly limited to the fees you have paid for the service-giving rise to the claim. Your sole remedy against Crocodile in any dispute under this agreement shall be to seek recovery of the amounts you have paid, upon the payment of which Crocodile shall be released from and discharged of all further obligations and liability to you.
      6. Entire agreement. This agreement contains the entire understanding of the parties and supersedes all previous oral and written agreements with regard to the subject hereof.
      7. Severability. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
      8. General.
         1. You may not assign this agreement or any of your rights hereunder without the express written consent of Crocodile.
         2. Any sum not paid by you when due and owing is subject to interest at a rate equal to the lesser of 1 ½ per month or the maximum rate allowed by law.
         3. Client is responsible for obtaining all necessary technical support, hardware, and software fixes from the manufacturer or supplier of third party hardware or software, including but not limited to HubSpot, Google, Microsoft etc.
         4. Crocodile may include your name on its client list.
         5. Your total price will include the price of the service but expressly excludes any applicable taxes; such GST and/or service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Crocodile services. We will charge tax only in such jurisdictions where the Crocodile services are taxable.
      9. Location of work. Work may be performed in combination of on-site (when necessary) and off-site (for the most part).
      10. Intellectual property. All ideas, concepts, improvements, discoveries, code, tables, forms, queries, macros, modules developed by Crocodile shall remain the sole and exclusive property of Crocodile subject to the irrevocable right and licence of Client to use such property without payment of royalties.
      11. Non-disclosure. Crocodile understands that during the course of the Project or Hub Spot CRM Operation it may come to know confidential information pertaining to Client’s business including but not limited to operations, accounting, human resource, financial and any information that is not considered “public” information, and will not disclose or discuss such confidential information with any third party.
      12. Notices. This Agreement shall be governed by the laws of the State of Queensland, Australia.

The purpose of this Privacy Policy is to advise subscribers, triallists, customers, staff members and those applying for positions with Crocodile Marketing what kind of information the organisation may collect, how that information may be used, to whom it may be disclosed, how that information is stored (including security of the information), the processes for correcting information held and the disposal of such information by Crocodile Marketing.

Crocodile Marketing will use personal information provided to it only for the purpose for which it was provided. Personal information will not be used for any other purpose without the consent of its provider unless Crocodile Marketing is required by law to disclose that information. Crocodile Marketing may be required to disclose personal information to third parties in order to provide a service requested. For example, subscription services such as marketing case study may require disclosure of subscribers' addresses to third parties for delivery, disclosure necessary to fulfil the purpose for which the personal information was provided. Other than in circumstances such as these, Crocodile Marketing will not disclose personal information provided, such as name, address, email address or telephone number, to any organisation or person outside Crocodile Marketing unless the provider has authorised Crocodile Marketing to do so.

Crocodile Marketing will not sell or receive payment for licensing or disclosing personal information. From time to time Crocodile Marketing readers may be invited to respond to surveys which may be conducted by a third-party organisation, in such cases no personal information will be disclosed by Crocodile Marketing to the survey company.

Crocodile Marketing uses reasonable administrative, technical, personnel, and physical measures to safeguard personally identifiable information in its possession against loss, theft, and unauthorised use, disclosure or modification. No data transmission over the internet can be guaranteed to be totally secure. Remember to close your browser when you have finished a user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your own computer.

Crocodile Marketing is continually monitoring privacy developments and accordingly, from time to time may modify this Privacy Policy to reflect changes in the law, self-regulatory initiatives and/or technology. Amendments to the Crocodile Marketing Privacy Policy will be posted on www.crocodilemarketing.com

Crocodile Marketing will provide, where possible, access for providers of personal information to their file. Providers may correct any information that is incorrect and instruct Crocodile Marketing to delete the information from its files. Those who have reason to believe information held is inaccurate should inform Crocodile Marketing by contacting:

Registering a Support Ticket Here.

Crocodile Marketing will investigate all complaints. Queries regarding privacy complaints and disputes are first to register a support ticket here or call us on 1300 887 865.