Introduction & Definitions
Welcome to JRR Marketing. By using our website and services, you agree to follow the rules and terms in this Service Agreement. This agreement is legally binding. If you don't agree to these terms, please do not use our website or services. These terms apply to everyone who visits our website or uses our services.
This Service Agreement ("Agreement") governs the relationship between JRR Marketing PTE LTD (hereinafter referred to as "JRR Marketing," "we," "us," or "our"), and any individual or entity that accepts these terms (hereinafter referred to as "the Client," "Authorised Company Representative," "you," or "your").
By agreeing to this Agreement, the Client confirms acceptance of all terms herein, as well as any additional terms outlined in separate contracts or agreements entered into with Silver Atlas.
Throughout this Agreement, Silver Atlas and the Client may be collectively referred to as "the Parties" and individually as "a Party" or "either Party."
For the avoidance of doubt, any terms or references within this Agreement not explicitly defined shall be interpreted based on their context to determine whether they refer to Silver Atlas, the Client, or both Parties. Therefore, please read this Service Agreement carefully as it governs your use of (which includes access to) Silver Atlas's services.
By using this website, you agree to be bound by this Service Agreement, our Privacy Policy and our Earnings Disclaimer. If you do not agree to this Service Agreement, you must not use the website, access any of its contents, or hire Silver Atlas for any services.
Services
1.1 "Services" refers to the various tasks or products provided by Silver Atlas as displayed on our website. The specific services provided by Silver Atlas will depend on the plan you subscribe to, which may include SEO, Google Ads management, landing pages, funnels, content creation, web design, tracking setup, and general marketing tasks for healthcare practices.
1.2 Each plan includes a set scope of work. Work is prioritised based on your current goals and may shift from month to month to ensure your marketing stays aligned with your business direction.
1.3 Once you agree to follow the rules in this agreement and subscribe to a plan, you can use our Services as long as you have paid for them on time. We will try our best to keep the Services available for you, except during planned downtime or unexpected emergencies. Sometimes we might change, replace, or stop offering certain Services without letting you know in advance.
1.4 When using the Services, it's important to follow the rules outlined in the Agreement. Here are some things you need to do:
- Give correct and up-to-date information about yourself whenever you're asked to fill out a form on this website and the project management board that we send you access to.
- Make sure to regularly update your information to keep it accurate, current, and complete.
- Keep your password and identification information safe and secure. Don't share them with anyone else.
- If you notice any unauthorised use of your account, let us know right away.
- Remember, you are responsible for everything that happens on your account, so be careful and use it responsibly.
- If we ask for any other information, please provide it as requested.
1.5 It is your responsibility to get and take care of all the things you need to access and use the Services. You are responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You shall be responsible for all charges associated with accessing and maintaining a connection to the Website.
1.6 We might cancel your account without telling you beforehand or making you responsible for anything if we determine, on our own and without anyone else's input, that you:
- Broke the rules of this Agreement
- Don't align with our model
- Are sharing usernames or passwords
- Go against our core values
- Are misusing our services or team in any way, e.g. doing illegal things with our services
Licensed Content & Feedback
1.7 "Licensed Content" refers to the content we own or have permission to use, such as artwork, photos, audio, fonts, videos, designs, and written materials. While you own your creative design project completely, the Licensed Content included in your project is subject to the licence described in this section. This means that you don't have any additional rights other than what is specifically stated here.
1.8 You give us permission to use any feedback, suggestions, or recommendations you provide to us forever and in any part of the world, so that we can use them commercially in any way we choose.
1.9 Use of Services & Limitations:
Grant of Licence: Subject to your compliance with the terms of this Agreement, including timely payment of any fees, we grant you a limited, non-transferable, and revocable licence to access and use our Services exclusively for your business operations.
Restrictions: This licence is subject to the following restrictions. Any breach of these restrictions will result in immediate revocation of the licence and may subject you to legal action:
- Reverse Engineering: You are prohibited from attempting to decipher, decompile, disassemble or reverse engineer any part of the Services or underlying technology, except to the extent that applicable laws specifically prohibit such restrictions.
- Modifications: You may not alter, modify, create derivative works of, or otherwise change the Services.
- Non-Business Use: The Services must be used strictly for your business needs. Any other use is expressly prohibited.
- Compliance with Laws & Agreement: The use of our Services must always be in line with all applicable laws and the stipulations set forth in this Agreement.
Subscription
2.1 Subscription Period:
Your subscription for our services begins on the date we receive your first payment and continues for the period you selected when signing up ("Billing Cycle"). The Billing Cycle matches your chosen plan:
- Monthly Plan: 30 days
- Quarterly Plan: 3 months
Each new Billing Cycle begins automatically at the end of the previous one unless this agreement is ended in accordance with Section 2.2.
2.2 Ending Your Subscription:
Either you or Silver Atlas Limited may end this agreement by giving at least 30 days' written notice ("Notice Period") by email to hello@josiahroche.co during business hours (9 a.m.– 5 p.m. UK Time, Monday to Friday, excluding public holidays).
If your notice is received with fewer than 30 days remaining in your current Billing Cycle, one additional full Billing Cycle will begin, and the full fee for that Billing Cycle will be due and payable in full.
Services will continue only while payments are up to date. If a scheduled payment fails, is disputed, or is otherwise not received, Silver Atlas may immediately pause all work and suspend access until the outstanding balance is paid.
Paused days or projects will not be refunded, credited, or rescheduled. Once payment is received, services will resume for the remainder of the paid Billing Cycle.
The Client remains responsible for all charges incurred during the current Billing Cycle and any applicable Notice Period, even if work is paused due to non-payment, failed transactions, or lack of access.
At the end of the final paid and active Billing Cycle, the Client's access will terminate, and Silver Atlas will have no further obligation to perform services.
The Client is responsible for retrieving any data or materials stored in our systems (including project management tools, tracking platforms, or other shared assets) before the termination date. After termination, Silver Atlas will archive and deactivate all related accounts and shall not be liable for any loss, deletion, or unavailability of data.
Silver Atlas may also terminate this agreement at its discretion if:
- we determine that we are unable to deliver expected performance or results;
- the Client engages in abusive, hostile, or unreasonable behaviour;
- the working relationship becomes unproductive or untenable; or
- the Client's expectations or requirements are not aligned with our service capabilities.
In these cases, Silver Atlas will give written notice via email. The agreement will end at the close of the current Billing Cycle, and no refunds or pro-rated credits will be issued unless explicitly approved by Silver Atlas at its sole discretion.
Subscription Renewal
2.3 Renewing Your Subscription:
Your subscription automatically renews at the end of each Billing Cycle for the same length of time as the plan you selected under Section 2.1.
- Monthly plans renew every 30 days
- Quarterly plans renew every 3 months
We will charge your saved payment method through Stripe at the start of each new Billing Cycle.
To prevent renewal, you must give written notice as described in Section 2.2 and ensure it is received at least 30 days before the end of your current Billing Cycle. If notice is received with fewer than 30 days remaining, the subscription will renew for one additional full Billing Cycle, and that fee will be payable in full.
All payments are final and non-refundable. Services continue until the end of the last fully paid and active Billing Cycle, provided all payments are current.
2.4 Automatic Payment Authorisation:
By subscribing to our services, you authorise Silver Atlas Limited to automatically debit your designated credit card or payment method through our payment processor, Stripe, for the applicable subscription fees, including any outstanding or renewal payments, unless a 30 day written notice for cancellation is provided as per section 2.2.
- If payment fails for any reason, we will notify you and retry the charge within three (3) business days. If payment remains unsuccessful after the retry period, your account will be suspended as outlined in section 4.7 and we may engage debt collection agencies at your expense.
- If no cancellation notice is received and your current Billing Cycle ends, we may continue charging your payment method for renewal to avoid service interruption.
- By agreeing to this Service Agreement, you agree to keep a valid payment method on file and consent to these charges for the duration of your subscription.
Subscription Downgrade & Non-Payment
2.5 Subscription Downgrade and Payment Handling for Non-Responsive Clients:
(a) Payment Obligation During Contract Term: Clients remain fully liable for all fees associated with their selected Billing Cycle (monthly or quarterly), regardless of communication delays, non-response, or failure to provide access or approvals. The length of the Billing Cycle does not change due to non-payment or inactivity.
(b) Non-Payment or Failed Transactions: If a client fails to make payment on or before the due date, Silver Atlas Limited may immediately pause all services and suspend access to project systems until payment is received. Any paused time or missed work during the Billing Cycle will not be refunded, credited, or rescheduled.
(c) Full Fee Liability: The client remains responsible for paying the full amount of the Billing Cycle, even if services are paused or delayed due to non-payment, disputed transactions, or revoked access. Partial payments or late payments do not reduce or shorten the Billing Cycle obligation.
(d) Debt Recovery: If payment remains outstanding after reasonable notice, Silver Atlas may engage a debt collection agency or take legal action to recover the balance. The client agrees to pay all reasonable recovery costs, including collection agency fees, legal fees, and interest as set out in Section 4.3.
(e) Goodwill Adjustments: At Silver Atlas's sole discretion, and only as a goodwill measure, a temporary payment arrangement or partial deferral may be granted. Any such adjustment does not alter the underlying payment obligations or Billing Cycle terms.
Use of Services
3.1 You can use our Services for different projects and sizes that you have signed up for in your plan. However, the amount of work we can handle depends on various factors like the total number of requests and their complexity. We will try our best to accommodate any important tasks and deadlines you have, but we cannot guarantee that we will meet deadlines imposed by us or you.
3.2 If you're using our conversion tracking services, we base our fees on the actual costs from our service providers, which can change. We charge these fees to keep everything running smoothly and to make sure we're not overusing resources, all while keeping our rates competitive. If your usage goes over the set thresholds by our service provider, there might be additional fees. We do this to ensure fair usage for everyone.
3.3 We always try our hardest to avoid making mistakes. However, because creative design and marketing can be complex and subjective in nature, we cannot promise that the services delivered to you will be completely free of errors. When we send you something as part of our service, it's important for you to carefully check and review all the files for any mistakes or things that are missing. If you find any errors, it's crucial to let us know and ask for changes or corrections. If you inform us about errors after you have cancelled or paused your subscription, we are not obligated or required to make the corrections until you reactivate your subscription and make a payment.
3.4 When you use our Services, you give us information, data, or materials that belong to you. We call this "Customer Content." By giving us your Customer Content, you are saying that you own it or have permission to share it with us. This means you are giving us a worldwide, royalty-free, non-exclusive licence to access and use your Customer Content so we can provide you with the Services.
Ownership of Deliverables
3.5 Ownership of Deliverables:
You will own all assets specifically created for your company by Silver Atlas once all fees due through the end of the last paid and active Billing Cycle have been received, including any amounts payable during a Notice Period. If ownership terms differ based on your plan, this will be specified in your service agreement.
3.6 Use of Pre-Existing Materials and Licence:
When delivering your project, we may use materials, tools, software, and other assets that we already own or licence from others. These may include, but are not limited to, design frameworks, templates, plugins, code libraries, configuration files, licensed software, tracking and reporting tools, and any internal systems we use to complete your work.
All such pre-existing materials remain our property or the property of our licensors. You are granted a non-exclusive, non-transferable, worldwide licence to use these materials only as they appear within the deliverables we provide to you, and only while your account is active and all related fees are paid.
This does not affect your ownership of your own platforms, accounts, or final deliverables. For example, your website, your Google Ads account, your content, and any other finished work we create for you remain yours to keep.
Access to any platforms or software we use on your behalf is provided only while you maintain an active subscription. Using these tools as part of your project does not grant you ownership of them or any continuing licence once your subscription ends. In some cases, we may allow continued access at our discretion, but this is goodwill and not guaranteed.
3.7 Silver Atlas strongly opposes and will not allow its Service to be used for treating others unfairly, particularly because of their race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. It is not allowed to use the Service in a way that encourages or supports such unfair treatment, and you must not use the Service to provoke or encourage hostility or violence. If we determine on our own that you are using the Service to discriminate against others, we may permanently or temporarily stop your access to the Service, without giving you prior notice or being responsible for any consequences.
Payments
4.1 Subscription and Initial Payment: To access our Services, you must purchase a subscription. Full payment of the stipulated fees and any applicable taxes is required before we commence services. The total cost and the plan selected under section 2.1 determine your Billing Cycle and renewal cadence.
4.2 Payment Method and Liabilities: By registering, you authorise us to charge the stipulated fees and taxes to your chosen payment method, starting from your registration date. All transactions will be processed via Stripe. All other financial obligations, including any additional taxes, duties, or government-related charges, are your responsibility.
4.3 Late Payments: Invoices are due upon receipt. Absence of an invoice does not exempt you from payment. Overdue amounts accrue interest at 1.5% per month or the maximum permitted by law, whichever is less. Persistent non-payment may result in suspension or termination under sections 2.2 and 4.7. You agree to pay reasonable costs of collection, including agency fees and legal fees, incurred to recover overdue amounts.
4.4 Non-refundable Payments: Payments made under this agreement are non-refundable.
Fee Adjustments & Grandfathering
4.5 Fee Adjustments and Grandfathering Policy:
Our fee structure may change from time to time based on market conditions or internal pricing updates.
Grandfathering Policy: Silver Atlas Limited may, at its sole discretion, allow existing clients to remain on their current pricing plan ("grandfathered rate") for as long as they maintain the same service plan, payment cadence, and contract terms. This is a courtesy benefit, not a contractual entitlement.
Grandfathered rates may be higher or lower than current pricing, depending on when the client first subscribed. Maintaining or adjusting a grandfathered rate is determined solely by Silver Atlas.
Plan Changes and New Agreements: If you change your service plan, commitment term, or enter into a new agreement, your grandfathered rate may no longer apply, and new pricing may take effect from the start of the next Billing Cycle. Silver Atlas is not obligated to match or apply pricing shown on the current website to any existing or prior contracts.
We will notify clients of any pricing adjustments that affect their ongoing contracts. Temporary promotions or fee reductions are not considered permanent pricing changes and do not apply retroactively.
Cancellation, Service Access & Data
4.6 Cancellation, Service Access, and Data Handling:
All cancellation and notice requirements are governed by Section 2.2 of this Agreement. This section clarifies how services and access are handled once a cancellation notice is provided or when the client becomes non-cooperative.
4.6.1 Service Continuity During Notice: During your 30-day notice period and any final paid Billing Cycle, Silver Atlas Limited will continue providing services only where full payment and required access are maintained.
If you restrict, delay, or fail to provide access to required systems — including but not limited to your website, Google Ads account, analytics, or hosting environment — Silver Atlas may, at its discretion:
- (a) pause all work until access is restored, or
- (b) limit service to administrative or strategic activities that are still feasible with the access available.
In either case, Silver Atlas will not be required to produce placeholder deliverables, speculative ad copy, or recommendations purely for the sake of activity where cooperation or access is lacking.
4.6.2 No Obligation for Catch-Up Work: If access or cooperation is withheld for any part of a Billing Cycle, Silver Atlas is not obligated to "catch up" or retrospectively complete the missed work once access is restored. Services resume only from the point of reinstatement, and the Billing Cycle schedule remains unchanged.
4.6.3 Client Responsibility and Payment Liability: The client remains responsible for all fees through the end of the final paid and active Billing Cycle, regardless of any access restrictions, non-cooperation, or communication delays. Payment obligations are not contingent on progress, results, or client responsiveness.
4.6.4 Termination of Access and Data Handling: At the end of the final paid and active Billing Cycle, all services will cease and access to systems (including project management tools and shared workspaces) will be terminated. The client is solely responsible for retrieving any files, deliverables, or data before termination. Silver Atlas is not obligated to store, back up, or transfer materials after that date.
4.6.5 Post-Termination Requests: Any post-termination requests, such as exporting data or reactivating access, will be treated as a new engagement and may incur additional fees.
Billing Cycle Continuity
4.7 Billing Cycle Continuity:
Immediate Pause: If you fail to make a payment on time, dispute a charge, or your payment is reversed or declined, all services may be paused immediately. Work will not resume until payment is successfully processed and your account is current.
Coverage of Period: Any payment made after the due date covers the then current Billing Cycle, including days when service was paused. Late payment does not require us to catch up or provide services missed during the pause.
No Change in Billing Dates: Your Billing Cycle dates remain unchanged. Late payment does not shift renewal dates. You remain responsible for the next renewal on its scheduled date unless you cancel in accordance with section 2.2.
Collections: If amounts remain unpaid, Silver Atlas may refer the account to collections. You agree to pay reasonable collection costs, including agency fees, legal fees, and interest under section 4.3.
Debt Recovery
5.1 Debt Recovery:
Should any outstanding amounts be owed to Silver Atlas Limited under the terms of this Agreement, the debtor agrees to bear all costs associated with the recovery of these funds.
You acknowledge and accept liability for all costs Silver Atlas Limited may incur during the recovery process. These costs encompass, but are not limited to, fees associated with recovery agents, repossession activities, location searches, process serving, debt collection commissions, and legal representation. All legal fees will be calculated on an indemnity basis.
Service Interruptions
6.1 Silver Atlas Limited will not be held responsible for any delays or disruptions in service delivery due to unforeseen obstacles as per section 19. Such obstacles can arise from various scenarios, including:
- (i) Inability to access crucial tools or systems because you haven't provided the required permissions or access credentials, directly impeding the delivery of our service.
- (ii) Delayed responses from your end, defined specifically as a delay of more than one business day. It's important to note that any costs or delays resulting from such obstacles will still be charged at the agreed-upon service rate.
- (iii) External events beyond our control, such as natural disasters or third-party service interruptions, that halt or hinder our ability to continue a session.
We strongly advise that, to ensure seamless service delivery, you provide all necessary information and tools upfront.
Guarantees
7.1 No Guarantee of Results:
Silver Atlas does not guarantee any particular outcomes, such as overall business success, profitability, or growth. While we strive to deliver exceptional services, the results you achieve may vary depending on factors beyond our control, including but not limited to, your business environment, industry changes, and your implementation of our recommendations.
7.2 Testimonials & Representations:
Any testimonials, endorsements, or opinions found on our channels, whether it's our website, marketing materials, or communications, represent individual experiences. These statements haven't been evaluated for accuracy, and individual results can vary widely. They are not to be taken as promises or guarantees of specific outcomes.
Intellectual Property
9.1 All deliverables shall remain the intellectual property of Silver Atlas until full payment is received unless otherwise stipulated by section 3.5 and 3.6. The use of third-party materials and necessary licences for certain fonts or software shall be procured by the client, unless otherwise agreed.
Fonts & Licensed Materials
10.1 Should a project involve fonts that aren't owned by Silver Atlas, we will clearly notify you. This notification will include details about the fonts and where to purchase the necessary licences. Upon receipt of this information:
- It becomes your responsibility to purchase these licences.
- Failure to obtain the required licences makes you liable for any consequences, including potential charges. We may automatically charge your saved payment method or invoice you for incurred costs.
External Links
11.1 Our website may feature links to third-party websites or services. It's possible that you could engage with services from other parties, such as mobile software providers or carriers, through our platform.
We don't oversee, nor are we responsible for, the content, policies, or practices of these third-party entities. Any losses or damages arising from your interactions with these third-party sites or services are not our liability.
It's highly recommended to review the terms of service and privacy policies of any third-party websites or services you engage with.
Disclosure & Data
12.1 We may share limited client information, including names, email addresses, and postal details, with our affiliates, partners, and third-party vendors for promotional purposes. This allows us to offer you tailored promotions and updates. We ensure that all shared information is handled in compliance with applicable data protection laws and our internal privacy standards.
In addition, we might disclose aggregate user data where individual identities remain confidential, to improve our services and offer new ones. You may receive periodic emails from us about updates or additions to our services.
For detailed information on our data practices and how we protect your personal information, please consult our Privacy Policy.
13.1 Both Silver Atlas and clients are expected to comply with all relevant data protection laws, including GDPR. For a detailed understanding of our data handling and protection practices, refer to our Privacy Policy.
Feedback Ownership
14.1 Client Feedback Ownership:
Any feedback you provide to us, whether it's questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. This means that we can use, share, or disclose your feedback as we see fit, without needing to get your permission, give you any credit, or make any payment to you.
14.2 Representations on Feedback:
You confirm that you have the right to provide such feedback to us and that it doesn't violate any third-party rights. You also agree not to bring any claims against Silver Atlas for its use of the feedback as outlined above.
Publicity Rights
15.1 Data Usage Rights:
You grant Silver Atlas the right to use and disclose any data (including sales metrics, ROI improvements, etc.) resulting from our services. This use will always comply with data protection and privacy regulations.
15.2 Publicity Rights:
Silver Atlas can use the client's name, logo, and branding to:
- (i) Announce or promote the business relationship;
- (ii) Market and advertise Silver Atlas's services;
- (iii) Create and distribute case studies or testimonials related to the services provided;
- (iv) Display such information in marketing materials, on the website, and on social media platforms.
15.3 Client Identity Disclosure:
Unless you specifically request otherwise in writing, Silver Atlas may disclose your identity in any of the aforementioned materials. If you do request anonymity, we'll ensure your identity remains confidential.
15.4 Compliance with Data Protection:
All handling, usage, and disclosure of client data by Silver Atlas will be in strict accordance with relevant data protection and privacy laws.
Third-Party Information Sharing
16.1 To deliver our services and resolve technical issues, we may need to share certain information or data with third party service providers. These may include platforms, tools, and vendors involved in hosting, tracking, analytics, advertising, troubleshooting, or other operational functions related to your project. We only share the minimum information necessary, and only for the purpose of providing, maintaining, or supporting the services we deliver to you.
We do not sell your data, and we do not share your information with third parties for marketing or commercial gain.
We may decline requests to share information with any third party, or discontinue sharing, at our discretion if we believe it would compromise security, privacy, or the quality of your service.
Copyright
17.1 Ownership of Content:
All content on this website, which includes but isn't limited to articles, images, logos, and trademarks (collectively referred to as "Content"), belongs to Silver Atlas Limited. It's protected under Guernsey Intellectual Property, Copyright laws, and other relevant international conventions.
17.2 Third-party Trademarks:
Some logos and trademarks on this website are owned by third parties. Unless explicitly mentioned in these terms, you shouldn't assume you have the right to use any content from this website. We do, however, allow and appreciate linking to our content.
17.3 Restrictions on Linking and Content Use:
While we permit links to our website, the following is strictly prohibited:
- (i) Implying that Silver Atlas endorses any third-party ideas, websites, products, or services.
- (ii) Using our Content without our written consent.
- (iii) Commercialising any of our Content.
If you breach any of these, we reserve the right to revoke linking permission. You can view our content and even print a single copy, but it should be for personal, non-commercial use, retaining all original copyright and trademark notices. No modification to the content is allowed.
Prohibited Conduct
18.1 Usage Boundaries:
You must use this website lawfully. You are prohibited from uploading, distributing, or publishing any content that:
- Is defamatory, obscene, or abusive.
- Contains harmful software elements like viruses.
- Infringes upon others' rights, including intellectual property.
- Is false or misleading.
Commercial solicitation, advertising, or using the website in competition against us is strictly prohibited.
Force Majeure
19.1 If we are unable to provide services under this agreement because of things that are outside our control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labour disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a "Force Majeure Event"), we hold not liability for failure to perform. We will resume providing services when these circumstances constituting the Force Majeure Event have been resolved.
19.2 There is no obligation for either party to notify the other upon the occurrence or resolution of a Force Majeure Event. However, both parties are encouraged to communicate effectively to manage expectations and plan the continuation of services where possible.
Limitation of Liability
20.1 We are not accountable for any indirect losses you may suffer, including lost profits or data, due to our services. If any claim arises related to our agreement, irrespective of its basis, our maximum liability is limited to the fees paid by you for services in the six months preceding the claim.
Indemnification
21.1 By using our services, you agree to protect and not hold Silver Atlas responsible for any issues that arise from your use or content (with the exception of the clause in 21.2). If legal claims or expenses occur due to your actions, you assume all associated costs. Should we require your cooperation in legal defence, you must provide it. We maintain the right to handle any legal claim's defence, and any settlements must receive our written consent before finalisation.
21.2 Silver Atlas will rectify any clear and direct issues caused by our team, provided the errors are within our control and technical ability to fix. If issues arise due to factors outside our control—such as third-party hosting failures or unexpected technical conflicts—we are not liable for the correction. Post-contract termination, Silver Atlas will extend goodwill support to rectify any such issues within 30 days after the termination date, provided they are reported within the notice period.
AHPRA Compliance
21.3 AHPRA Compliance Responsibilities:
We will use reasonable care and skill to ensure that all marketing materials we prepare for you are consistent with the relevant AHPRA advertising guidelines. However, you acknowledge that final responsibility for regulatory compliance rests with you as the healthcare provider. You agree to review and approve all content before publication to confirm accuracy, clinical appropriateness, and compliance with AHPRA requirements.
We are not liable for any AHPRA breaches arising from:
- information, claims, or instructions provided by you
- changes made by you or your team after delivery
- omissions or details that we were not made aware of
- interpretations of AHPRA guidelines that differ from your internal or legal advice
- third party platforms, metadata, automated systems, or user generated content
Nothing in this agreement requires us to assume regulatory liability or financial penalties that arise from your business operations, clinical representations, or compliance obligations.
HIPAA Standards
21.4 HIPAA Standards and Limitations:
We follow HIPAA-aligned practices in delivering marketing services and may store or process general enquiry data submitted through your website or lead management tools, such as names, contact details, and general information about the services a person is interested in.
However, our systems and services are not designed to receive, store, transmit, or process detailed Protected Health Information (PHI) as defined under HIPAA. You agree not to submit or allow the submission of any PHI into websites, forms, call recordings, tracking systems, advertising platforms, CRMs, or third party tools managed by us.
General service interest fields (for example, selecting a department or type of service) are acceptable. However, any fields that ask for, or allow users to enter, information relating to medical conditions, symptoms, diagnoses, treatment plans, mental health conditions, reasons for visit, or any other clinical detail must not be used unless a separate HIPAA Business Associate Agreement (BAA) is signed and appropriate HIPAA-compliant systems are in place.
We do not act as a HIPAA Business Associate and do not assume Business Associate obligations unless a separate written BAA is executed. You remain solely responsible for ensuring your systems prevent the submission of PHI to non-HIPAA-compliant tools connected to your marketing activities.
If PHI is submitted accidentally, you must notify us immediately. We will assist with removing it where technically feasible, but we are not liable for any consequences arising from its submission or handling.
Service Disclaimer
22.1 You use our services entirely at your discretion. They are provided "AS IS" without any guarantees. While we strive to provide excellent service, we can't assure:
- (i) Constant, uninterrupted access to our service.
- (ii) Immediate rectification of any service errors.
- (iii) Absolute protection from malware or malicious components.
- (iv) That our service will fulfil all your unique needs.
General Limitations
23.1 The guidance provided through our website or services is general in nature and doesn't substitute for specialised advice. It doesn't account for your specific situation and doesn't verify the accuracy of your provided information. You should tailor our guidance to your unique circumstances. We neither guarantee specific outcomes nor provide specific legal, financial, or other professional counsel. Using our guidance is at your own risk. Refer to our Privacy Policy and Earnings Disclaimer for more details.
Interference
24.1 Users are strictly prohibited from attempting to reverse engineer, bypass security, or tamper with any part of our website.
Governing Law
25.1 This agreement operates under Guernsey's laws. Failure to enforce any clause doesn't waive our right to do so in the future. If a clause is deemed invalid by a court, all other clauses remain effective. This agreement is the comprehensive accord between the parties about our services and overrides all previous agreements.
Dispute Resolution
26.1 Should any disputes arise from this agreement, parties commit to mediation in Guernsey with a mutually agreed-upon mediator. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Guernsey, Channel Islands.
26.2 An arbitrator will be mutually chosen, or, in disagreement, selected by a neutral arbitration body within 14 days.
Changes to Terms
27.1 We may update or modify the website, including carrying out automatic or manual updates, at any time and without prior notice.
We also reserve the right to modify or replace these Terms at any time, at our sole discretion. While it is not obligatory, we may attempt to provide notice of material changes before they take effect, but this cannot be guaranteed. The determination of what constitutes a material change will also be made at our sole discretion.
By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you should cease using the Service immediately.
We recommend that you review this agreement periodically to keep informed about any changes.
Severability
28.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Contact Information
29.1 If you have any questions about these Terms, don't hesitate to get in touch with us:
Email: hello@josiahroche.co
Phone: +44 7839 291177
Address: Ronceval House, Rue D'Aval, Vale, Guernsey GY6 8LD