Terms and Conditions

1. Introduction

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1.1. These Terms and Conditions ("Terms") establish the foundation of the relationship between you ("Client") and Sandro Botic, the founder and driving force behind BCO Agency and Mr Bota. BCO Agency and Mr Bota are the official registered business names; they serve as trading names or brand names used by BCO Agency to present work, collaborate with a diverse range of experts, and deliver services to clients across the globe. We operate under the same Australian Business Number (ABN) 55 128 145 959, which was registered on 19.12.2012.

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1.2. Serving as a dynamic portfolio, the BCO Agency / Mr Bota website enables Sandro to display creative work and partner with an extensive network of over 200 experts on various projects. This approach empowers Sandro and BCO Agency / Mr Bota to offer a wide array of services to a global clientele.

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1.3. Sandro chooses not to directly employ individuals but rather collaborates with experts on a project-by-project basis, tailored to the specific needs of clients. Other collaborators may also use the BCO Agency / Mr Bota brand name for their services, provided they have obtained prior written consent from Sandro to do so.

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1.4. Invoicing for services rendered by Sandro or BCO Agency / Mr Bota is securely processed via Stripe, an online payment platform. All taxes associated with invoiced services are paid in Australia, in compliance with relevant laws and regulations.

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1.5. Sandro reserves the right, without prior notice, to engage other companies or entities to invoice clients for services provided. This flexibility enables Sandro to adapt to the varying needs and project requirements of clients while maintaining exceptional service quality.

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1.6. By accessing, browsing, or using the BCO Agency / Mr Bota website ("Service") and/or engaging Sandro Botic or BCO Agency / Mr Bota for any project or service, you accept and agree to these Terms. Should you disagree with these Terms, we kindly request that you refrain from using the Service or engaging Sandro Botic or BCO Agency / Mr Bota for any project or service.

 

2. Services

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2.1. BCO Agency / Mr Bota provides a variety of services including but not limited to digital marketing, graphic design, web design, content creation, social media management, and branding.

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2.2. Services provided may be subject to additional terms and conditions specific to each project. Clients must agree to these additional terms before the commencement of any work.

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3. Intellectual Property

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3.1. All intellectual property rights, including copyrights, trademarks, and patents, related to the Service are owned by BCO Agency / Mr Bota, its affiliates, or its licensors, unless otherwise stated.

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3.2. Clients may not use, reproduce, or distribute any content or materials on the Service without obtaining prior written permission from BCO Agency / Mr Bota.

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4. User Conduct

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4.1. Users agree not to use the Service in any way that is unlawful, harmful, or otherwise objectionable. This includes, but is not limited to, uploading, posting, or sharing any content that is defamatory, offensive, or infringes on the rights of others.

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5. Limitation of Liability

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5.1. In no event shall BCO Agency / Mr Bota, its affiliates, or its collaborators be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with your access to or use of the Service.

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5.2. BCO Agency / Mr Bota does not guarantee the accuracy, completeness, or usefulness of any information provided on the Service and assumes no responsibility for any errors, omissions, or delays in the content.

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6. Indemnification

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6.1. You agree to indemnify, defend, and hold harmless BCO Agency / Mr Bota, its affiliates, and its collaborators from and against any and all claims, damages, losses, or expenses, including but not limited to legal fees, arising out of or in connection with your access to or use of the Service.

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7. Governing Law

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7.1. These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia, without regard to its conflict of law provisions.

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8. Changes to Terms and Conditions

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8.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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9. Contact Us

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9.1. If you have any questions about these Terms, please contact us at 

[contact@email.com].

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10. Payment and Refund Policy

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10.1. BCO Agency / Mr Bota requires full or partial payment upfront, depending on the project's size and complexity. The specific payment terms will be discussed and agreed upon with the client before the project's commencement.

 

10.2. In the event of project cancellation by the client, any deposits paid are non-refundable. BCO Agency / Mr Bota reserves the right to charge an additional fee for any work completed beyond the initial deposit.

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10.3. Refunds for completed services are not provided. However, if the client is unsatisfied with the final deliverable, BCO Agency / Mr Bota will make reasonable efforts to address the client's concerns and revise the work within the scope of the original agreement.

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11. Third-Party Links and Services

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11.1. The Service may contain links to third-party websites or services that are not owned or controlled by BCO Agency / Mr Bota.

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11.2. BCO Agency / Mr Bota has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BCO Agency / Mr Bota shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

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12. Termination

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12.1. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

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

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13. Force Majeure

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13.1. BCO Agency / Mr Bota shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, epidemics, or interruptions in telecommunications, transportation, or utilities.

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14. Severability

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14.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

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15. Waiver

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15.1. No failure or delay by BCO Agency / Mr Bota to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

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16. Entire Agreement

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16.1. These Terms, along with any additional terms and conditions agreed upon in writing between the parties, constitute the entire agreement between BCO Agency / Mr Bota and the client and supersede any previous understandings, agreements, or representations with respect to the same.

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17. Assignment

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17.1. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.

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17.2. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

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18. Privacy Policy

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18.1. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and disclose your personal information.

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19. Dispute Resolution

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19.1. In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations.

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19.2. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in Sydney, New South Wales, and shall be conducted in the English language.

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20. Notices

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20.1. Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by certified or registered mail, or sent by email to the address specified by each party.

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21. Relationship of the Parties

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21.1. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between BCO Agency / Mr Bota and the client. Neither party shall have any authority to bind the other in any respect, except as expressly provided in these Terms.

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22. Non-Exclusivity

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22.1. The engagement of BCO Agency / Mr Bota by the client shall be on a non-exclusive basis, and BCO Agency / Mr Bota shall be free to provide its services to other clients, subject to the terms of any applicable non-disclosure or confidentiality agreements.

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23. Modification

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23.1. No modification or amendment of these Terms shall be effective unless it is in writing and signed by both parties.

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24. No Third-Party Beneficiaries

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24.1. These Terms are for the benefit of BCO Agency / Mr Bota and the client and are not intended to confer any rights or benefits on any third party, including, without limitation, any employee, contractor, agent, or affiliate of the client.

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25. Headings

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25.1. The headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions of these Terms.

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26. Language

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26.1. These Terms have been drafted in the English language, and the parties agree that the English language version shall govern any interpretation of these Terms. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.

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27. Electronic Communications

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27.1. By using the Service, you consent to receiving electronic communications from BCO Agency / Mr Bota. These communications may include notices about your account, responses to inquiries, and other transactional or service-related information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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28. Feedback

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28.1. BCO Agency / Mr Bota welcomes your feedback, comments, and suggestions for improvements to the Service. You can submit feedback by emailing. By submitting feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

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29. Compliance with Laws

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29.1. You represent and warrant that your use of the Service will comply with all applicable local, state, national, and international laws, regulations, and ordinances.

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30. International Users

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30.1. The Service is controlled and operated from within Australia. BCO Agency / Mr Bota makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable local, state, national, and international laws and regulations.

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31. Independent Contractors

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31.1. BCO Agency / Mr Bota and the client are independent contractors, and nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties. Neither party has the authority to enter into contracts or make binding commitments on behalf of the other party, except as expressly provided in these Terms.

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32. Non-Solicitation

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32.1. During the term of the agreement and for a period of one (1) year following its termination, the client agrees not to directly or indirectly solicit, hire, or engage any employee, contractor, or agent of BCO Agency / Mr Bota without the prior written consent of BCO Agency / Mr Bota.

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33. Survival

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33.1. Any provisions of these Terms which by their nature are intended to survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall continue to be effective and enforceable following the termination of the agreement.

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34. Counterparts

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34.1. These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of these Terms delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as the delivery of an original signed copy of these Terms.

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35. Interpretation

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35.1. In these Terms, unless the context otherwise requires, words in the singular include the plural and vice versa, words importing any gender include every gender, and references to persons include corporations and other legal entities.

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36. No Presumption Against Drafter

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36.1. The parties acknowledge and agree that these Terms have been negotiated, prepared, and executed in good faith by both parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of these Terms.

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37. No Injunctive Relief

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37.1. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Service or any content, materials, or other information used or displayed through the Service.

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38. Entire Agreement

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38.1. These Terms, together with the Privacy Policy and any other legal notices published by BCO Agency / Mr Bota on the Service, constitute the entire agreement between you and BCO Agency / Mr Bota concerning your use of the Service and supersede any prior agreements, understandings, or representations with respect to the same.

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39. Captions and Headings

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39.1. The captions and section headings used in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.

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40. No Waiver of Rights

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40.1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

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41. Equitable Remedies

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41.1. You acknowledge and agree that your breach of these Terms may cause BCO Agency / Mr Bota irreparable harm, which may not be adequately compensated by monetary damages. In addition to any other remedies available at law or in equity, BCO Agency / Mr Bota shall be entitled to seek injunctive relief to prevent any actual or threatened breach of these Terms.

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42. Conflict of Terms

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42.1. If there is a conflict between these Terms and any other terms and conditions applicable to specific projects or services, the terms and conditions specific to those projects or services shall take precedence to the extent necessary to resolve the conflict.

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43. Time is of the Essence

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43.1. Time is of the essence in the performance of the parties' respective obligations under these Terms.

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44. Remedies Cumulative

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44.1. The rights and remedies provided under these Terms are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

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45. Further Assurances

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45.1. Each party shall do and execute, or arrange for the doing and executing of, each necessary act, document, and thing reasonably within its power to implement and give effect to these Terms and to perfect, preserve, and enforce the rights of the other party under these Terms.