These terms outline Marketing Together’s commitment to you when providing our services. They apply every time you request work from us. They detail the services we offer and what you can expect from us. Please take the time to read them carefully. Complying with these terms is a requirement for using our services.
These terms are subject to change and may be replaced without notice. Marketing Together may modify these terms by posting updates on our website, sending an email, or using any other form of communication.
Engagement
You can engage our services by:
If Marketing Together does not notify you otherwise, we will accept your engagement under these terms. The service will start in accordance with the service schedule or when we accept your engagement.
Pricing Structure
If we provide a pricing structure for the service, it:
Will be based on the specifications, and subject to change if the parties agree to amend them;
Services
Our services to you, with any specific terms, may include:
Clause 1: Search Engine Optimization (SEO);
Clause 2: Search Engine Advertising;
Clause 3: Display Advertising;
Clause 4: Social Media Advertising;
Clause 5: Social Media Management (SMM);
Clause 6: Hosting
Clause 7: Support Plans
Clause 8: Design & Development
You acknowledge that electronic services are subject to interruption and breakdown, and non-electronic services are subject to disruption. Therefore, our services may not be error-free or uninterrupted, and your access to and use of our services may also not be error-free or uninterrupted.
In case of any disruption, excluding those caused by Marketing Together’s negligence or intentional acts, we reserve the right to continue providing services and/or invoice you for services rendered.
Service Hours
Services provided Mon-Fri 8:00 am to 4:00 pm, excluding holidays & Christmas/New Year closure.
Client Content
Client must provide all necessary materials & content requested by Marketing Together in a timely manner, in the specified digital format (text: Microsoft Word/Rich Text; tables: Microsoft Excel; images: high-res JPEG/PNG).
Variations & Additional Costs
Changes to the service specifications may result in Variation and additional costs, subject to Marketing Together’s review & written approval from the client. Variations may include new requirements, costs for commercial fonts/photography/audio/video, delays, overtime, and development work. Marketing Together may estimate and invoice for additional costs such as extra workshops, requested design changes, uploading, and additional meetings.
Stock Imagery, Fonts, Photography, Audio or Video Purchases
The fees don’t cover searches or purchases of stock images, commercial fonts, photography, audio or video, unless specified in the pricing structure. You or Marketing Together can buy them on your behalf, with Marketing Together being the license holder. You agree to indemnify Marketing Together against any losses due to license breaches. Standard stock images will be charged as per our current rates, with costs for other materials provided for approval via a variation notice. Ownership of finished photography, audio, or video transfers to you upon payment, but Marketing Together retains ownership of working files.
Approval & Implementation Required
You may need to approve and implement items such as the service brief, keyword recommendations, local/on-page SEO reports, ad text, targeting, and creative, design concepts, updated versions, conversion tracking code, landing page/website development, completed design, and any other items requested by Marketing Together.
When presented with an item, notify Marketing Together in writing if you accept or reject it. You’re deemed to have accepted it if no response is received within 5 business days. Your acceptance means the item is final, and Marketing Together won’t move to the next stage until they receive approval to proceed. Delays in approval may result in additional costs, including rescheduling fees and shutdown/restart fees if continuation is unable to be performed.
Scheduling, Production, and Service Management
Marketing Together may create a production schedule for the Services if necessary. They will make efforts to perform the Services according to the schedule. Delays in approvals, implementations, Client Content, or feedback from you may result in a changed delivery deadline or a Variation Notice with overtime costs.
Clause 1:
Search Engine Optimization (SEO)
Our SEO Services may include:
Our SEO Services do not include but can be requested:
Clause 2:
Our Search Engine Advertising Services may include:
Our Search Engine Advertising Services do not include:
Marketing Together will use their professional accounts to access third-party providers (e.g. Facebook, Google) unless agreed otherwise. The client grants access to their social media accounts or permission to set them up. The supplier’s terms and conditions apply to placements sourced by Marketing Together.
Clause 3:
Display Advertising
Our Display Ad Services may include:
Exclusions:
Marketing Together will use their professional account(s) for third-party engagement (e.g. Facebook, Google) unless agreed otherwise. The client acknowledges Marketing Together sources placements, but suppliers govern the terms. The client must provide access to social media accounts or permit Marketing Together to set up accounts.
Clause 4:
Social Media Advertising Our Social Media Ad Services may include:
Exclusions:
Marketing Together will use their professional account(s) for third-party engagement (e.g. Facebook, Google) unless agreed otherwise. The client acknowledges Marketing Together sources placements, but suppliers govern the terms. The client must provide access to social media accounts or permit Marketing Together to set up accounts.
Clause 5:
Social Media Management (SMM)
Our SMM services may include:
We will store electronic files used in service production, but cannot guarantee future retrieval. Once launched, it’s the client’s responsibility to archive files. We may provide this service for an additional cost upon request.
Clause 6:
Website Hosting
Client Responsibilities
The client will use the services of Marketing Together in accordance with all applicable local, state and federal regulations and laws. The client will agree on behalf of itself and its employees. Except as otherwise stated, the client and its users will maintain all passwords and login information as strictly confidential and the secure storage of those passwords and login information. For security purposes, Marketing Together recommends that the client regularly changes all account passwords. At no time should the client respond to an online request for any password.
Alteration / Revision Of Agreement
Marketing Together may revise the terms of this agreement at any time and such revision shall be effective ten (10) days after notice of the proposed revision is provided to the client. If any revision is unacceptable to the client they will be able to terminate this hosting agreement and cancel the hosting services provided thirty (30) days written notice is provided. All outstanding money owed on the hosting service is to be paid before the final day of hosting service. The client’s continued use of the service after the effective date of the agreement revision shall be deemed as acceptance of the agreement revision.
Disclaimer of Warranty & Limitation Of Liability
Marketing Together’s service is provided on an “as is, as available” basis. Marketing Together gives no warranty, expressed or implied, for the services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. Any damages incurred by the client due to disruption of service by Marketing Together or its providers shall be expressly limited to the fees paid by the client to Marketing Together for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by the client. IN NO EVENT SHALL MARKETING TOGETHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY THE CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF MARKETING TOGETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Marketing Together’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by the client for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The client and its users recognise that Marketing Together does not offer any rating systems, filtering software or procedures to help the client screen out language or images in email that the client or its Users do not wish to receive through the Services. Marketing Together exercises no controls whatsoever over the content of information passing through its network or equipment. Disputes may arise between the client or its Users and other individuals or entities or between the client and Marketing Together related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. The client and its Users agree that all claims, disputes or wrongdoing that result from, or which are related in any way to, the content of information passing through Marketing Together network or equipment are the client’s sole and exclusive responsibility. Use of the Internet and of the information available through it is at the client’s own risk.
Indemnification
The client agrees to defend, indemnify, and hold Marketing Together harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, that may arise or result from any service provided or performed, or any product sold by the client, its agents, employees, or assigns. The client agrees to defend, indemnify and hold Marketing Together harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in connection with a Marketing Together server; (2) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.
Uptime Guarantee
No provider can guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the client’s website will run and perform optimally. However, Marketing Together strives to keep such service interruptions to a minimum, and, if possible, to give the client advance notice of scheduled maintenance routines. Marketing Together uses only top quality servers and services provided by a number of service providers. Of course, there will be times that the client will not be able to reach the server due to traffic conditions on the internet, problems occurring at Marketing Together’s upstream providers facilities, or due to hardware or software component failure. Both of these conditions are entirely out of Marketing Together’s control however Marketing Together will endeavour to rectify the issue as soon as possible to the best of their abilities.
Prohibited Uses
The following content and activities may not be displayed or promoted by the client nor associated in any way with the client’s account or Marketing Together’s services. Marketing Together shall be the sole arbiter as to what constitutes violation of this provision.
Web Hosting Services
Site Access: Marketing Together will provide to the client a secure connection method such as but not limited to FTP to enable the client to access their site files, database, configuration files, and log files.
Domain Name: If requested by the client, Marketing Together shall cooperate with registering the domain name with a domain registrar. The client will own all rights, title, and interest in the domain name and its intellectual property-related. Unless otherwise stated, Marketing Together will be listed as the administrative and technical contact. Any costs associated with this purchase will be the responsibility of the client.
Site Backup: Marketing Together shall maintain a backup of your hosting account while your hosting account is active. In the event that the web site content and database is required to be restored from Marketing Together server image backup, then all costs associated with this restore will be charged to the client. A cost will be provided to the client and must be agreed to in writing before the restore work commences. Once a hosting account is cancelled/closed due to non-payment or on request by the client, all previous backups held on Marketing Together servers for the client will be deleted.
Failed Hosting Payments
In the event of a failed payment or non-payment, Marketing Together will inform you and provide you with 7 days to resolve the issue and make the payment. If a valid form of payment has not been received after 7 days from notification, your hosting account on our server will be suspended until the payment has been fulfilled and the financial situation has been resolved.
In the event that the payment is not received within 30 days of the due date the hosting services will be terminated and all related file, databases and emails will be erased from the server.
Hosting Payment Options
Yearly, paid 12 months in advance. Your annual billing cycle begins on the date of this signed agreement. New website the clients receive their first 12 months free of charge.
Hosting Account Termination
Terminating your account with Marketing Together is free of charge. Upon closure and at your request, we will provide you with a backup of your entire home directory, including your website, database, and emails in the form of a cPanel backup. There is no minimum notice period or minimum time commitment required. Written notification via email is all that is needed to terminate your account, which we will process on the same business day (if it is a business day), or on the next business day if the request is made on a weekend or public holiday. We will not provide a refund for any unused months.
Clause 7:
Support Plans
Definition
The Hosting & Maintenance plan (“Plan”) is offered by Marketing Together, and it includes website hosting, monthly plugin updates, WordPress core updates, after-update testing, backup, and Acronis rollback services.
Cost
The cost of the Plan is $110 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Definition
The Support Plan (“Plan”) is offered by Marketing Together, and it includes website hosting, monthly plugin updates, WordPress core updates, after-update testing, backup, Acronis rollover, and two hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $300 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Definition
The Support Plan Plus (“Plan”) is offered by Marketing Together, and it includes website hosting, monthly plugin updates, WordPress core updates, after-update testing, backup, Acronis rollback, and four hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $450 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Definition
The Shopify Support Plan (“Plan”) is offered by Marketing Together, and it includes two hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $250 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Two hours of development, support, or graphic design services
Up to five hours of rollover
Definition
The Shopify Support Plus Plan (“Plan”) is offered by Marketing Together, and it includes four hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $350 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Limitations
The Plan does not cover customizations or other modifications requested by the customer, except for those included in the Inclusions section. Any additional services requested by the customer will be subject to additional fees.
Payment Terms
The Plan must be paid in full on a monthly basis in advance.
Termination
The Plan may be terminated by either party with a written notice of 30 days. Upon termination, all services provided under the Plan will cease, and the customer must make arrangements for a new hosting provider.
Confidentiality
Marketing Together will keep all customer information confidential and will not disclose it to any third party without the customer’s prior written consent.
Warranty
Marketing Together warrants that the services provided under the Plan will be performed in a professional and timely manner. In the event that the services are not performed as specified, Marketing Together will make all reasonable efforts to correct the problem in a timely manner.
Limitation of Liability
Marketing Together shall not be liable for any damages or losses resulting from the use of the Plan, including but not limited to, loss of data or any indirect, incidental, or consequential damages.
Governing Law
The Plan shall be governed by the laws of QLD Australia.
Entire Agreement
This Plan constitutes the entire agreement between Marketing Together and the customer and supersedes all prior negotiations, understandings, and agreements between the parties.
Amendment
The Plan may only be amended by written agreement signed by both parties.
Clause 8:
Design & Development
Landing Page Design & Testing
The Company will create top-of-funnel offers and design landing pages to generate leads. We write code using HTML, CSS, PHP and Javascript, test on Mac OSX, Windows, iOS and Android devices.
Errors
The Company does not guarantee that our work will be error free (we’re human!). The Company will not be liable to the Client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if the Client has advised us the error.
Mutual Cooperation
The Company agrees to use our best efforts to fulfil and exceed your expectation on the deliverables listed above. The Client agrees to aid us in doing so by making available to the Company needed information pertaining to the website and to cooperate with the Company in completing the work.
Charges For Services Performed
If functionality or feature requests above and beyond those listed in this proposal and/or if the functionality specs are considered out-of-scope then the Client will be advised of the additional costs prior to commencement. These costs will be payable as negotiated at the time.
Billing Schedule
In order to maintain a positive working relationship and keep the project moving forward the Client agrees to adhere to the payment schedule listed in the payment schedule section of this Agreement. Websites will be payable in full, over a 6 month period in 6 monthly installments or can be split 50/50 with the deposit being invoiced at 50% of the total with the remainder being invoiced upon completion or after 6 weeks, whichever comes first, unless otherwise stated in your payment schedule. If after 6 weeks the website is not complete due to Marketing Together not fulfilling the job the final payment can be postponed until completion of the website. If however the website is not complete due to blockers and delays from the client, the final amount will be payable after 6 weeks from the date of this signed agreement.
Client Agreement To Pay
All invoices will be due on receipt. In the event payment is not made within 14 days, the Company reserves the right to stop work until payment is received.
Cancellation Of Plans
The Client has the right to modify, reject, cancel any and all plans or work in progress. However, the Client agrees to forfeit any monies paid and must pay the full amount of this agreement unless otherwise agreed by The Company.
The Companies Responsibility For Releases
The Company shall obtain releases, licences, permits or other authorisation to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by the Company for use in performing services for the Client (If applicable).
(a) The company guarantees that any intellectual property rights to any material developed by representatives or employees of the company have no legal barrier in being transferred to the client. Any materials created by the Service Agreement - Terms and Conditions
employees of the company will not infringe on any third party intellectual property rights. Employees of the company will have no claim to intellectual property rights.
(b) Any materials delivered by the company, its developers and employees will have the intellectual property rights assigned to the client.
(c) The company will use third party software providers to achieve functionality (ie Shopify, Shopify apps) which require a subscription. Any intellectual property by these third party providers falls under their terms of their use and is not the responsibility of the company.
The Clients Responsibility For Releases
(a) The Client guarantees that all elements of text, images, or other artwork the Client provides are either owned by the Client, or that the Client has permission to use them.
(b) The Company will give the Client the finished files on request. The Client should keep these files safe as we’re not required to keep a copy.
(c) The Company will own the unique combination of these elements that constitutes a complete design and the Company will provide that to the Client, exclusively and in perpetuity for this project only, unless the Company agrees otherwise. The Company can provide a separate estimate for that upon request.
The Clients Responsibility For Accuracy
The Client shall be responsible for the accuracy, completeness and propriety of information concerning the Clients products and services which the Client furnishes to the Company verbally or in writing in connection with the performance of this Agreement.
Confidentiality
The Company acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by the Company on behalf of the Client or disclosed by the Client to the Company.
Period of agreement and notice of termination
This Agreement shall become effective from the date the Client signs this Agreement and shall continue until terminated by either party in writing given by either party to the other.
Termination for cause
(a) Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
(b) In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its
obligations to make payment pursuant to this Agreement.
Payment For Committed Costs
Any committed costs for goods and/or services for your account, shall be paid for by you either directly to the supplier or as a reimbursement to the Company, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimise such costs immediately at your request. The Company will provide written proof, upon request of the Client, that any such materials and services have been committed for purchase or have been purchased.
Transfer Of Materials
Upon termination of this Agreement, provided that there is no outstanding indebtedness then owing by the Client to the Company, the Company shall transfer, assign and make available to the Client all property and materials in its possession or control belonging to the Client upon request. The Client agrees to pay for all costs associated with the transfer of materials.
Change Of Ownership
If the Client changes ownership or control the Client must inform the Company of the change and provide the Company with the date of the change in ownership or control and must do all things necessary to facilitate this Agreement to the proposed transferee or controlling entity.
Governing Law
This Agreement shall be governed in accordance with Australian Consumer Law.
Representations And Warranties
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
Disbursements
Disbursement charges are not included in the fees. Any expenses incurred during service will be charged as additional costs, including:
Warranty Disclaimer
We cannot exclude or limit any rights or remedies guaranteed by law, such as the Australian Consumer Law. To the fullest extent allowed by law, we disclaim all warranties and representations regarding our services, express or implied.
Limitation of Liability and Warranty
It is the client’s responsibility to verify the suitability of material published as part of our services. Our liability for breach of non-excludable conditions is limited to supplying the services again or paying for them to be supplied again. Our total liability for all claims related to the agreement is limited to the price for our services.
Indemnity
You agree to protect, defend, and hold Marketing Together harmless from all actions, claims, proceedings, demands, liabilities, losses, damages, expenses, and costs (including full indemnity legal fees) related to:
(1) any breach of this agreement,
(2) your negligence, or
(3) your use of the services (excluding use in accordance with this agreement), or
(4) breach of third party intellectual property. You also agree to indemnify Marketing Together and keep its directors, officers, and employees indemnified against all losses resulting from actions taken during the performance of services.
Intellectual property rights and raw/editable files
All intellectual property rights in the service intellectual property belong to or will belong to Marketing Together upon creation. Marketing Together grants you a non-transferable, non-exclusive licence to:
(1) publish one copy of the service and supporting service intellectual property, unless stated otherwise by Marketing Together; and
(2) use and reproduce other service intellectual property.
You may not, without Marketing Together’s prior written consent:
(1) adapt, create derivatives, or merge the service intellectual property,
(2) use the service intellectual property for any purpose other than intended,
(3) reverse engineer, disassemble, or decompile the service intellectual property,
(4) distribute, lend, resell, transfer, assign, or sublicense the service or other service intellectual property,
(5) remove or attempt to remove any proprietary or copyright notices.
Hosting of landing pages created by Marketing Together for paid marketing campaigns is only for the duration of the campaign. Raw/editable files may be supplied at Marketing Together’s discretion for additional costs. Stock images and commercial fonts remain the property of Marketing Together and its licensors at all times, with licensing restrictions. Ad text, ad targeting, ad creative, and all ad accounts remain Marketing Together’s. Marketing Together does not guarantee your use of their designs, materials, or content will not infringe third party intellectual property rights or moral rights, but will advise if aware of any infringement. You agree to:
(1) display the Marketing Together logo or text hyperlink in the website footer,
(2) allow Marketing Together to use services for promotional and portfolio purposes,
(3) allow Marketing Together to place company logo and case study on its corporate website or promotional collateral, and
(4) provide feedback or testimony upon request after service release/closure.
Confidentiality
Both parties agree to keep confidential and not disclose the other party’s confidential information, except as allowed by this agreement. This includes the confidentiality of the terms and conditions, details of a purchase order or pricing structure, and any confidential information obtained before entering into this agreement. The obligation of confidentiality does not apply if required by law or stock exchange rules, but the recipient must disclose the minimum amount necessary and provide notice, consultation, and take reasonable steps within 180 days, otherwise, the Parties will agree on a process to resolve it through means other than litigation/arbitration. The Parties acknowledge the purpose of information exchange is to settle the dispute. If not resolved, the dispute can be referred to arbitration/court.
Clause 9:
Terms of Service for Marketing Together - Google Business Profile
Last Updated: 06/12/2023
Welcome to Marketing Together. These Terms of Service ("Terms") govern your use of our services at Marketing Together, a digital marketing agency specialising in website development and performance marketing products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.
Marketing Together specialises in the creation, optimisation, and management of Google Business Profiles. Our services are designed to enhance the visibility and effectiveness of your business on Google, thereby increasing your online presence and potential customer engagement.
2.1 Creation of Google Business Profiles:
We provide comprehensive support in creating your Google Business Profile, ensuring that all necessary and relevant information about your business is accurately and effectively presented.
This includes assistance with:
2.1.1 Optimisation of Google Business Profiles:
Our optimisation services focus on improving your profile's performance and visibility.
This includes:
2.1.2 Management of Google Business Profiles:
We offer ongoing management services to maintain the effectiveness of your Google Business Profile.
This includes:
2.1.3 Consulting and Advisory Services:
Our team provides expert consulting and advisory services related to Google Business Profile optimisation. We offer guidance on best practices, innovative strategies, and up-to-date trends in the field.
2.2 Limitations and Exclusions
While we strive to provide comprehensive services, certain aspects are beyond the scope of our offerings.
These include:
2.3 Service Agreement and Customisation
For detailed information regarding our service offerings, please refer to our website or a customised service agreement. We offer tailored services to meet the specific needs of your business and encourage discussion to align our services with your objectives.
You agree to provide accurate and complete information as required for the provision of our services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide all necessary access to information and platforms required for us to deliver our services effectively.
You are responsible for ensuring that all information provided to us for the creation or optimisation of your Google Business Profile is accurate, complete, and legally compliant.
You must complete any necessary steps for Google verification in a timely and accurate manner.
Fees for our services will be as agreed upon in a signed service agreement or as listed on our website. All fees are due as specified in the billing terms and are non-refundable, except as otherwise stated in the agreement. Late payments may incur additional charges in the form of interest charges, penalties and debt collection in line with legal and industry standards.
All intellectual property rights in the services provided by Marketing Together, including but not limited to, content, graphics, logos, and service marks, are owned by or licensed to Marketing Together. We retain all intellectual property rights in the materials and deliverables we provide, except where agreed otherwise in writing.
You agree to indemnify and hold harmless Marketing Together and its employees, agents, and contractors against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of:
To the fullest extent permitted by law, Marketing Together shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Marketing Together's total liability for any claim under these Terms, whether in contract, tort, or otherwise, is limited to the fees you paid us for the services.
Both Marketing Together and the client reserve the right to terminate or suspend access to our services in accordance with the terms of the service agreement.
This includes:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes via any acceptable means including email, phone or via our website.
If you have any questions about these Terms, please contact us at enquiries@marketingtogether.com.au or alternatively call us at 1300 200 990
Clause 10:
Terms of Service for Marketing Together - Email Marketing and Automations
Last Updated: 23/02/2024
Introduction
Service Offerings
Our offerings are tailored to maximise the effectiveness of your email marketing strategies through comprehensive campaign management, automation setup, and strategic consulting.
2.1 Email Marketing Campaigns:
- Custom campaign design and execution, including content creation, design aesthetics, and targeted messaging.
- Performance tracking through A/B testing, analytics, and reporting to continuously refine and improve campaign outcomes.
2.2 Email Automations:
- Development and implementation of automated email sequences triggered by specific actions or milestones, optimising customer engagement.
- Integration with existing CRM systems for seamless data flow and personalization.
2.3 Consulting and Strategy Development:
- In-depth analysis and strategic planning services to align email marketing efforts with broader marketing goals.
- Access to industry benchmarks, trends, and innovative practices in email marketing.
2.4 Compliance and Best Practices:
- Guidance on compliance with applicable laws and regulations, including GDPR, CAN-SPAM Act, and others.
- Best practices for list management, opt-in procedures, and unsubscribe mechanisms to maintain high deliverability and engagement rates.
User Obligations
Payment and Billing
Intellectual Property Rights
Data Protection and Privacy
Indemnification
You agree to indemnify and hold harmless Marketing Together and its employees, agents, and contractors against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of:
Limitation of Liability
Termination
This includes:
Governing Law
Amendments to Terms
Contact Information
Dispute Resolution
Clause 11:
Branding and Logo Design
Last Updated: 23/02/2024
Introduction
Service Offerings for Branding and Logo Design
Our services are designed to enhance your brand's identity and market presence through bespoke branding and logo design solutions, offering comprehensive brand strategy, development, and visual identity creation.
2.1 Brand Strategy and Identity Design:
Tailored branding strategies and identity design, focusing on crafting a unique brand story and visual language.
Market analysis and brand positioning to ensure your brand stands out.
2.2 Logo Design and Visual Identity:
Custom logo design that encapsulates your brand's essence and values.
Development of a complete visual identity system, including colour palettes, typography, and brand guidelines.
2.3 Brand Consulting and Development:
Expert consulting on brand development and positioning to align with your business goals.
Insights into current trends, consumer behaviour, and competitive analysis for informed branding decisions.
2.4 Legal and Best Practices in Branding:
Guidance on trademarking and intellectual property rights to protect your brand.
Best practices for brand consistency across all customer touchpoints and media.
User Obligations
Payment and Billing
Intellectual Property Rights
Data Protection and Privacy
Commitment to Data Protection: Marketing Together ensures the privacy and security of client information, adhering to the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), especially in handling details vital for branding and logo design.
Indemnification
You agree to indemnify and hold harmless Marketing Together and its employees, agents, and contractors against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of:
Limitation of Liability
Termination
This includes:
Governing Law
Amendments to Terms
Contact Information
Dispute Resolution
General Terms
Notice must be in writing and sent to the other party’s designated contact person.
This agreement does not establish an employment, agency, or partnership relationship.
Marketing Together may delegate its responsibilities under this agreement through subcontracting.
Marketing Together may transfer its rights/obligations under this agreement to a third party by giving written notice.
Failure to enforce an obligation doesn’t waive any rights.
If any provision of this agreement is illegal or unenforceable, it will be separated, leaving the rest of the agreement in effect.
Additional terms referred to in this proposal apply unless they:
Violate Australian law or;
Limit Consumer Guarantees or Title Guarantees.
Marketing Together may update this agreement and new terms will apply to new Services after the changes are published. Continued use of Services signifies acceptance of the updated agreement.
This agreement is governed by Australian law and the parties submit to the jurisdiction of Queensland courts. No action may be brought in any other court or tribunal, and parties refrain from transferring any disputes to another jurisdiction.
If applicable law prohibits excluding liability, Marketing Together’s liability for claims is limited to redelivery of Services or payment for equivalent Services.
This agreement constitutes the entire agreement and supersedes all prior arrangements and negotiations. Statements made in negotiations not included in this agreement are not part of the agreement.
Interpretation
This agreement refers to the terms and conditions, including any schedules, and a Purchase Order or Pricing Structure (if applicable).
Headings and bold type are for convenience only and don’t impact interpretation.
Singular terms include the plural and vice versa.
Words of any gender include all genders.
Other forms of a defined word or phrase have the same meaning, unless context requires otherwise.
“Person” includes companies, partnerships, joint ventures, associations, corporations, government agencies, and individuals.
“Legislation” includes all related delegated legislation and amendments.
A reference to a party in a document includes their successors and assigns.
Promises by 2 or more parties bind them jointly and severally.
No provision will be interpreted negatively towards a party just because they prepared the agreement or provision.
Mentioning items after “include” or “for example” doesn’t limit what’s included.
Definitions
“Additional Costs” refers to costs Marketing Together is allowed to charge under the agreement.
“Australian Consumer Law” refers to Schedule 2 of the Competition and Consumer Act 2010.
“Marketing Together” refers to Marketing Together Pty Ltd.
“Broken Links” are links that don’t work because pages have been renamed or removed. Regular cleanup is necessary for a website’s ranking, but not included in SEO campaign. Marketing Together will advise on necessary clean up.
“Change of Strategy Mid-Campaign” refers to a change of keywords, ad text, ad targeting, or ad creative within 3 months of starting Online Advertising services or 12 months of Search Engine Optimisation services, and incurs charges at Marketing Together’s hourly rate.
“Claim” refers to any actual or threatened demand, action, or proceeding.
“Client” refers to the person named in the Purchase Order, Pricing Structure, or for whom Marketing Together are providing services.
Confidential Information of a party: refers to any business or affairs info, customers/employee info, naturally confidential info, designated as confidential by the party within 14 days of disclosure, or info known/should be known as confidential by the other party.
Consumer Guarantee: consumer warranty under Australian Consumer Law, incl. “express warranty” under said law. CMS: web-based software to create/manage website content.
Copywriting & Content Generation: part of SEO campaigns, incl. website copy & content generation, additional work can be done at a professional hourly rate.
Digital Marketing Campaign: execution of Services defined this proposal, with strategy, keywords, ad text, targeting, and creative agreed between client and Marketing Together.
Fees: payment for Service, specified in Pricing Structure/Invoice, or calculated per the investment section of this document.
Finalisation: handover of Service for data entry/testing, not launch.
GST: goods and services tax in Australia. Insolvent: stopped normal business, arrangement with creditors, unable to pay debts, liquidator/receiver appointed, winding up resolution, similar events.
Intellectual Property Rights: all industrial and intellectual property rights worldwide, incl. copyright, patents, trademarks, etc., and right to keep confidential info confidential.
Keyword Recommendations: finding most profitable keywords with context, demand, rank potential, and growth potential. No Change of Strategy mid-campaign.
Landing Page/Website Dev.: initial assessment, changes recommended, can be done at professional hourly rate if built on supported CMS.
Link Building: creating backlinks from news, blog, and directory sites to website, crucial for SEO and improving website’s ranking.
Local SEO Report: comprehensive report on best practice changes for local directory listings to improve website’s rankings, updated regularly. Marketing Together will create local citations for clients with consistent NAP across the web, details in Local SEO Report.
Loss: Any liability, cost, expense, loss, injury, death, or damage; and, for Claims, Loss includes payments and full indemnity legal costs and disbursements, whether or not the Claim is successful.
Monthly Progress Report: Each month, we’ll send a report on the Digital Marketing Campaign’s progress and inquiry volume (when available), and schedule calls with account managers to explain progress and suggest changes.
Moral Rights: Defined in Sec. 189 of the Copyright Act 1968 (Cth) and similar rights in other jurisdictions outside Australia.
New Website Migration: To retain organic search results, extensive planning and careful execution are needed. We’ll provide a list of key pages and content for the new site, and create a mapping document for 301 redirects before launch to prevent lost ranking equity.
Online Advertising: Search Engine Advertising, Display Advertising, and Social Media Advertising.
On Page SEO Report: We’ll prepare a report on best practice changes to improve website rankings, updated as needed to reflect current best practices. Most changes can be done via the website’s CMS but major structural changes may require a developer. If the website is built on a supported CMS, we may make changes for a fee.
Privacy Policy: Website must have a privacy policy detailing visitor protection and cookie use before search engine or social media advertising. We can prepare one for you for a fee.
Pricing Structure: A proposal or fee estimate for work requested from us.
Professional Hourly Rate: Currently $150.00 + GST per hour for professional services (subject to change depending on the expertise required to complete work).
Purchase Order: A document from us specifying the services, delivery time, and fees for work requested.
Schedule of Fees: Refers to the rates and packages listed in this document, and any future updates to those professional services rates.
Service refers to the work done by Marketing Together for you, and can refer to:
The work described in a Purchase Order.
If there is no Purchase Order, the work is described in a Pricing Structure.
If there is no Pricing Structure, the work described in the Specifications.
If there are no Specifications, the work you have asked Marketing Together to do.
Service Intellectual Property includes designs, software, materials provided during the Service, and other Intellectual Property Rights created during the Service, but does not include:
The Content Management System (unless modified by Marketing Together).
The Marketing Together website Tools (unless modified by Marketing Together).
Client Content.
Services refers to the Services provided by Marketing Together during the Service, as outlined in this proposal.
Specifications refers to the specifications for the work requested, provided to Marketing Together before or at the start of the Service.
Title Guarantee refers to a guarantee under sections 51, 52, or 53 of the Australian Consumer Law.
Variation refers to changes to the Pricing Structure, Specifications as described in this agreement.
Variation Notice refers to the written notification regarding costs associated with Variations, as described in the agreement.
Warranty refers to any repairs needed for a Marketing Together Service within 28 days of completion. Marketing Together reserves the right to determine warranty labour.
Website Maintenance & Security Updates: Regular maintenance and security updates are necessary to keep your Digital Marketing Campaign working optimally. This includes checking the website’s back-end for bugs, monitoring search console, conducting link cleanup, security version updates and patches. The client’s website developer is responsible for completing these tasks regularly. If your website is built on one of Marketing Together’s supported Content Management Systems, changes may be made at the Professional Hourly Rate.
Clause 1:
Search Engine Optimization (SEO)
Our SEO Services may include:
Our SEO Services do not include but can be requested:
Clause 2:
Our Search Engine Advertising Services may include:
Our Search Engine Advertising Services do not include:
Marketing Together will use their professional accounts to access third-party providers (e.g. Facebook, Google) unless agreed otherwise. The client grants access to their social media accounts or permission to set them up. The supplier’s terms and conditions apply to placements sourced by Marketing Together.
Clause 3:
Display Advertising
Our Display Ad Services may include:
Exclusions:
Marketing Together will use their professional account(s) for third-party engagement (e.g. Facebook, Google) unless agreed otherwise. The client acknowledges Marketing Together sources placements, but suppliers govern the terms. The client must provide access to social media accounts or permit Marketing Together to set up accounts.
Clause 4:
Social Media Advertising
Our Social Media Ad Services may include:
Exclusions:
Marketing Together will use their professional account(s) for third-party engagement (e.g. Facebook, Google) unless agreed otherwise. The client acknowledges Marketing Together sources placements, but suppliers govern the terms. The client must provide access to social media accounts or permit Marketing Together to set up accounts.
Clause 5:
Social Media Management (SMM)
Our SMM services may include:
We will store electronic files used in service production, but cannot guarantee future retrieval. Once launched, it’s the client’s responsibility to archive files. We may provide this service for an additional cost upon request.
Clause 6:
Website Hosting
Client Responsibilities
The client will use the services of Marketing Together in accordance with all applicable local, state and federal regulations and laws. The client will agree on behalf of itself and its employees. Except as otherwise stated, the client and its users will maintain all passwords and login information as strictly confidential and the secure storage of those passwords and login information. For security purposes, Marketing Together recommends that the client regularly changes all account passwords. At no time should the client respond to an online request for any password.
Alteration / Revision Of Agreement
Marketing Together may revise the terms of this agreement at any time and such revision shall be effective ten (10) days after notice of the proposed revision is provided to the client. If any revision is unacceptable to the client they will be able to terminate this hosting agreement and cancel the hosting services provided thirty (30) days written notice is provided. All outstanding money owed on the hosting service is to be paid before the final day of hosting service. The client’s continued use of the service after the effective date of the agreement revision shall be deemed as acceptance of the agreement revision.
Disclaimer of Warranty & Limitation Of Liability
Marketing Together’s service is provided on an “as is, as available” basis. Marketing Together gives no warranty, expressed or implied, for the services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. Any damages incurred by the client due to disruption of service by Marketing Together or its providers shall be expressly limited to the fees paid by the client to Marketing Together for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by the client. IN NO EVENT SHALL MARKETING TOGETHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY THE CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF MARKETING TOGETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Marketing Together’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by the client for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The client and its users recognise that Marketing Together does not offer any rating systems, filtering software or procedures to help the client screen out language or images in email that the client or its Users do not wish to receive through the Services. Marketing Together exercises no controls whatsoever over the content of information passing through its network or equipment. Disputes may arise between the client or its Users and other individuals or entities or between the client and Marketing Together related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. The client and its Users agree that all claims, disputes or wrongdoing that result from, or which are related in any way to, the content of information passing through Marketing Together network or equipment are the client’s sole and exclusive responsibility. Use of the Internet and of the information available through it is at the client’s own risk.
Indemnification
The client agrees to defend, indemnify, and hold Marketing Together harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, that may arise or result from any service provided or performed, or any product sold by the client, its agents, employees, or assigns. The client agrees to defend, indemnify and hold Marketing Together harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in connection with a Marketing Together server; (2) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.
Uptime Guarantee
No provider can guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the client’s website will run and perform optimally. However, Marketing Together strives to keep such service interruptions to a minimum, and, if possible, to give the client advance notice of scheduled maintenance routines. Marketing Together uses only top quality servers and services provided by a number of service providers. Of course, there will be times that the client will not be able to reach the server due to traffic conditions on the internet, problems occurring at Marketing Together’s upstream providers facilities, or due to hardware or software component failure. Both of these conditions are entirely out of Marketing Together’s control however Marketing Together will endeavour to rectify the issue as soon as possible to the best of their abilities.
Prohibited Uses
The following content and activities may not be displayed or promoted by the client nor associated in any way with the client’s account or Marketing Together’s services. Marketing Together shall be the sole arbiter as to what constitutes violation of this provision.
Web Hosting Services
Site Access: Marketing Together will provide to the client a secure connection method such as but not limited to FTP to enable the client to access their site files, database, configuration files, and log files.
Domain Name: If requested by the client, Marketing Together shall cooperate with registering the domain name with a domain registrar. The client will own all rights, title, and interest in the domain name and its intellectual property-related. Unless otherwise stated, Marketing Together will be listed as the administrative and technical contact. Any costs associated with this purchase will be the responsibility of the client.
Site Backup: Marketing Together shall maintain a backup of your hosting account while your hosting account is active. In the event that the web site content and database is required to be restored from Marketing Together server image backup, then all costs associated with this restore will be charged to the client. A cost will be provided to the client and must be agreed to in writing before the restore work commences. Once a hosting account is cancelled/closed due to non-payment or on request by the client, all previous backups held on Marketing Together servers for the client will be deleted.
Failed Hosting Payments
In the event of a failed payment or non-payment, Marketing Together will inform you and provide you with 7 days to resolve the issue and make the payment. If a valid form of payment has not been received after 7 days from notification, your hosting account on our server will be suspended until the payment has been fulfilled and the financial situation has been resolved.
In the event that the payment is not received within 30 days of the due date the hosting services will be terminated and all related file, databases and emails will be erased from the server.
Hosting Payment Options
Yearly, paid 12 months in advance. Your annual billing cycle begins on the date of this signed agreement. New website the clients receive their first 12 months free of charge.
Hosting Account Termination
Terminating your account with Marketing Together is free of charge. Upon closure and at your request, we will provide you with a backup of your entire home directory, including your website, database, and emails in the form of a cPanel backup. There is no minimum notice period or minimum time commitment required. Written notification via email is all that is needed to terminate your account, which we will process on the same business day (if it is a business day), or on the next business day if the request is made on a weekend or public holiday. We will not provide a refund for any unused months.
Clause 7:
Support Plans
Definition
The Hosting & Maintenance plan (“Plan”) is offered by Marketing Together, and it includes website hosting, monthly plugin updates, WordPress core updates, after-update testing, backup, and Acronis rollback services.
Cost
The cost of the Plan is $110 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Definition
The Support Plan (“Plan”) is offered by Marketing Together, and it includes website hosting, monthly plugin updates, WordPress core updates, after-update testing, backup, Acronis rollover, and two hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $300 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Definition
The Support Plan Plus (“Plan”) is offered by Marketing Together, and it includes website hosting, monthly plugin updates, WordPress core updates, after-update testing, backup, Acronis rollback, and four hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $450 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Definition
The Shopify Support Plan (“Plan”) is offered by Marketing Together, and it includes two hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $250 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Two hours of development, support, or graphic design services
Up to five hours of rollover
Definition
The Shopify Support Plus Plan (“Plan”) is offered by Marketing Together, and it includes four hours of development, support, or graphic design services with up to five hours rollover.
Cost
The cost of the Plan is $350 + GST per month and is subject to change without prior notice.
Inclusions
The Plan includes the following services:
Limitations
The Plan does not cover customizations or other modifications requested by the customer, except for those included in the Inclusions section. Any additional services requested by the customer will be subject to additional fees.
Payment Terms
The Plan must be paid in full on a monthly basis in advance.
Termination
The Plan may be terminated by either party with a written notice of 30 days. Upon termination, all services provided under the Plan will cease, and the customer must make arrangements for a new hosting provider.
Confidentiality
Marketing Together will keep all customer information confidential and will not disclose it to any third party without the customer’s prior written consent.
Warranty
Marketing Together warrants that the services provided under the Plan will be performed in a professional and timely manner. In the event that the services are not performed as specified, Marketing Together will make all reasonable efforts to correct the problem in a timely manner.
Limitation of Liability
Marketing Together shall not be liable for any damages or losses resulting from the use of the Plan, including but not limited to, loss of data or any indirect, incidental, or consequential damages.
Governing Law
The Plan shall be governed by the laws of QLD Australia.
Entire Agreement
This Plan constitutes the entire agreement between Marketing Together and the customer and supersedes all prior negotiations, understandings, and agreements between the parties.
Amendment
The Plan may only be amended by written agreement signed by both parties.
Clause 8:
Design & Development
Landing Page Design & Testing
The Company will create top-of-funnel offers and design landing pages to generate leads. We write code using HTML, CSS, PHP and Javascript, test on Mac OSX, Windows, iOS and Android devices.
Errors
The Company does not guarantee that our work will be error free (we’re human!). The Company will not be liable to the Client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if the Client has advised us the error.
Mutual Cooperation
The Company agrees to use our best efforts to fulfil and exceed your expectation on the deliverables listed above. The Client agrees to aid us in doing so by making available to the Company needed information pertaining to the website and to cooperate with the Company in completing the work.
Charges For Services Performed
If functionality or feature requests above and beyond those listed in this proposal and/or if the functionality specs are considered out-of-scope then the Client will be advised of the additional costs prior to commencement. These costs will be payable as negotiated at the time.
Billing Schedule
In order to maintain a positive working relationship and keep the project moving forward the Client agrees to adhere to the payment schedule listed in the payment schedule section of this Agreement. Websites will be payable in full, over a 6 month period in 6 monthly installments or can be split 50/50 with the deposit being invoiced at 50% of the total with the remainder being invoiced upon completion or after 6 weeks, whichever comes first, unless otherwise stated in your payment schedule. If after 6 weeks the website is not complete due to Marketing Together not fulfilling the job the final payment can be postponed until completion of the website. If however the website is not complete due to blockers and delays from the client, the final amount will be payable after 6 weeks from the date of this signed agreement.
Client Agreement To Pay
All invoices will be due on receipt. In the event payment is not made within 14 days, the Company reserves the right to stop work until payment is received.
Cancellation Of Plans
The Client has the right to modify, reject, cancel any and all plans or work in progress. However, the Client agrees to forfeit any monies paid and must pay the full amount of this agreement unless otherwise agreed by The Company.
The Companies Responsibility For Releases
The Company shall obtain releases, licences, permits or other authorisation to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by the Company for use in performing services for the Client (If applicable).
(a) The company guarantees that any intellectual property rights to any material developed by representatives or employees of the company have no legal barrier in being transferred to the client. Any materials created by the Service Agreement - Terms and Conditions
employees of the company will not infringe on any third party intellectual property rights. Employees of the company will have no claim to intellectual property rights.
(b) Any materials delivered by the company, its developers and employees will have the intellectual property rights assigned to the client.
(c) The company will use third party software providers to achieve functionality (ie Shopify, Shopify apps) which require a subscription. Any intellectual property by these third party providers falls under their terms of their use and is not the responsibility of the company.
The Clients Responsibility For Releases
(a) The Client guarantees that all elements of text, images, or other artwork the Client provides are either owned by the Client, or that the Client has permission to use them.
(b) The Company will give the Client the finished files on request. The Client should keep these files safe as we’re not required to keep a copy.
(c) The Company will own the unique combination of these elements that constitutes a complete design and the Company will provide that to the Client, exclusively and in perpetuity for this project only, unless the Company agrees otherwise. The Company can provide a separate estimate for that upon request.
The Clients Responsibility For Accuracy
The Client shall be responsible for the accuracy, completeness and propriety of information concerning the Clients products and services which the Client furnishes to the Company verbally or in writing in connection with the performance of this Agreement.
Confidentiality
The Company acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by the Company
on behalf of the Client or disclosed by the Client to the Company.
Period of agreement and notice of termination
This Agreement shall become effective from the date the Client signs this Agreement and shall continue until terminated by either party in writing given by either party to the other.
Termination for cause
(a) Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
(b) In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its
obligations to make payment pursuant to this Agreement.
Payment For Committed Costs
Any committed costs for goods and/or services for your account, shall be paid for by you either directly to the supplier or as a reimbursement to the Company, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimise such costs immediately at your request. The Company will provide written proof, upon request of the Client, that any such materials and services have been committed for purchase or have been purchased.
Transfer Of Materials
Upon termination of this Agreement, provided that there is no outstanding indebtedness then owing by the Client to the Company, the Company shall transfer, assign and make available to the Client all property and materials in its possession or control belonging to the Client upon request. The Client agrees to pay for all costs associated with the transfer of materials.
Change Of Ownership
If the Client changes ownership or control the Client must inform the Company of the change and provide the Company with the date of the change in ownership or control and must do all things necessary to facilitate this Agreement to the proposed transferee or controlling entity.
Governing Law
This Agreement shall be governed in accordance with Australian Consumer Law.
Representations And Warranties
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
Disbursements
Disbursement charges are not included in the fees. Any expenses incurred during service will be charged as additional costs, including:
Warranty Disclaimer
We cannot exclude or limit any rights or remedies guaranteed by law, such as the Australian Consumer Law. To the fullest extent allowed by law, we disclaim all warranties and representations regarding our services, express or implied.
Limitation of Liability and Warranty
It is the client’s responsibility to verify the suitability of material published as part of our services. Our liability for breach of non-excludable conditions is limited to supplying the services again or paying for them to be supplied again. Our total liability for all claims related to the agreement is limited to the price for our services.
Indemnity
You agree to protect, defend, and hold Marketing Together harmless from all actions, claims, proceedings, demands, liabilities, losses, damages, expenses, and costs (including full indemnity legal fees) related to:
(1) any breach of this agreement,
(2) your negligence, or
(3) your use of the services (excluding use in accordance with this agreement), or
(4) breach of third party intellectual property. You also agree to indemnify Marketing Together and keep its directors, officers, and employees indemnified against all losses resulting from actions taken during the performance of services.
Intellectual property rights and raw/editable files
All intellectual property rights in the service intellectual property belong to or will belong to Marketing Together upon creation. Marketing Together grants you a non-transferable, non-exclusive licence to:
(1) publish one copy of the service and supporting service intellectual property, unless stated otherwise by Marketing Together; and
(2) use and reproduce other service intellectual property.
You may not, without Marketing Together’s prior written consent:
(1) adapt, create derivatives, or merge the service intellectual property,
(2) use the service intellectual property for any purpose other than intended,
(3) reverse engineer, disassemble, or decompile the service intellectual property,
(4) distribute, lend, resell, transfer, assign, or sublicense the service or other service intellectual property,
(5) remove or attempt to remove any proprietary or copyright notices.
Hosting of landing pages created by Marketing Together for paid marketing campaigns is only for the duration of the campaign. Raw/editable files may be supplied at Marketing Together’s discretion for additional costs. Stock images and commercial fonts remain the property of Marketing Together and its licensors at all times, with licensing restrictions. Ad text, ad targeting, ad creative, and all ad accounts remain Marketing Together’s. Marketing Together does not guarantee your use of their designs, materials, or content will not infringe third party intellectual property rights or moral rights, but will advise if aware of any infringement. You agree to:
(1) display the Marketing Together logo or text hyperlink in the website footer,
(2) allow Marketing Together to use services for promotional and portfolio purposes,
(3) allow Marketing Together to place company logo and case study on its corporate website or promotional collateral, and
(4) provide feedback or testimony upon request after service release/closure.
Clause 9:
Google Business Profile
Last Updated: 06/12/2023
Welcome to Marketing Together. These Terms of Service ("Terms") govern your use of our services at Marketing Together, a digital marketing agency specialising in website development and performance marketing products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.
Marketing Together specialises in the creation, optimisation, and management of Google Business Profiles. Our services are designed to enhance the visibility and effectiveness of your business on Google, thereby increasing your online presence and potential customer engagement.
2.1 Creation of Google Business Profiles:
We provide comprehensive support in creating your Google Business Profile, ensuring that all necessary and relevant information about your business is accurately and effectively presented.
This includes assistance with:
2.1.1 Optimisation of Google Business Profiles:
Our optimisation services focus on improving your profile's performance and visibility.
This includes:
2.1.2 Management of Google Business Profiles:
We offer ongoing management services to maintain the effectiveness of your Google Business Profile.
This includes:
2.1.3 Consulting and Advisory Services:
Our team provides expert consulting and advisory services related to Google Business Profile optimisation. We offer guidance on best practices, innovative strategies, and up-to-date trends in the field.
2.2 Limitations and Exclusions
While we strive to provide comprehensive services, certain aspects are beyond the scope of our offerings.
These include:
2.3 Service Agreement and Customisation
For detailed information regarding our service offerings, please refer to our website or a customised service agreement. We offer tailored services to meet the specific needs of your business and encourage discussion to align our services with your objectives.
You agree to provide accurate and complete information as required for the provision of our services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide all necessary access to information and platforms required for us to deliver our services effectively.
You are responsible for ensuring that all information provided to us for the creation or optimisation of your Google Business Profile is accurate, complete, and legally compliant.
You must complete any necessary steps for Google verification in a timely and accurate manner.
Fees for our services will be as agreed upon in a signed service agreement or as listed on our website. All fees are due as specified in the billing terms and are non-refundable, except as otherwise stated in the agreement. Late payments may incur additional charges in the form of interest charges, penalties and debt collection in line with legal and industry standards.
All intellectual property rights in the services provided by Marketing Together, including but not limited to, content, graphics, logos, and service marks, are owned by or licensed to Marketing Together. We retain all intellectual property rights in the materials and deliverables we provide, except where agreed otherwise in writing.
You agree to indemnify and hold harmless Marketing Together and its employees, agents, and contractors against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of:
To the fullest extent permitted by law, Marketing Together shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Marketing Together's total liability for any claim under these Terms, whether in contract, tort, or otherwise, is limited to the fees you paid us for the services.
Both Marketing Together and the client reserve the right to terminate or suspend access to our services in accordance with the terms of the service agreement.
This includes:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes via any acceptable means including email, phone or via our website.
If you have any questions about these Terms, please contact us at enquiries@marketingtogether.com.au or alternatively call us at 1300 200 990
Clause 10:
Email Marketing and Automations
Last Updated: 23/02/2024
Introduction
Service Offerings
Our offerings are tailored to maximise the effectiveness of your email marketing strategies through comprehensive campaign management, automation setup, and strategic consulting.
2.1 Email Marketing Campaigns:
- Custom campaign design and execution, including content creation, design aesthetics, and targeted messaging.
- Performance tracking through A/B testing, analytics, and reporting to continuously refine and improve campaign outcomes.
2.2 Email Automations:
- Development and implementation of automated email sequences triggered by specific actions or milestones, optimising customer engagement.
- Integration with existing CRM systems for seamless data flow and personalization.
2.3 Consulting and Strategy Development:
- In-depth analysis and strategic planning services to align email marketing efforts with broader marketing goals.
- Access to industry benchmarks, trends, and innovative practices in email marketing.
2.4 Compliance and Best Practices:
- Guidance on compliance with applicable laws and regulations, including GDPR, CAN-SPAM Act, and others.
- Best practices for list management, opt-in procedures, and unsubscribe mechanisms to maintain high deliverability and engagement rates.
User Obligations
Payment and Billing
Intellectual Property Rights
Data Protection and Privacy
Indemnification
You agree to indemnify and hold harmless Marketing Together and its employees, agents, and contractors against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of:
Limitation of Liability
Termination
This includes:
Governing Law
Amendments to Terms
Contact Information
Dispute Resolution
Clause 11:
Branding and Logo Design
Last Updated: 23/02/2024
Introduction
Service Offerings for Branding and Logo Design
Our services are designed to enhance your brand's identity and market presence through bespoke branding and logo design solutions, offering comprehensive brand strategy, development, and visual identity creation.
2.1 Brand Strategy and Identity Design:
Tailored branding strategies and identity design, focusing on crafting a unique brand story and visual language.
Market analysis and brand positioning to ensure your brand stands out.
2.2 Logo Design and Visual Identity:
Custom logo design that encapsulates your brand's essence and values.
Development of a complete visual identity system, including colour palettes, typography, and brand guidelines.
2.3 Brand Consulting and Development:
Expert consulting on brand development and positioning to align with your business goals.
Insights into current trends, consumer behaviour, and competitive analysis for informed branding decisions.
2.4 Legal and Best Practices in Branding:
Guidance on trademarking and intellectual property rights to protect your brand.
Best practices for brand consistency across all customer touchpoints and media.
User Obligations
Payment and Billing
Intellectual Property Rights
Data Protection and Privacy
Commitment to Data Protection: Marketing Together ensures the privacy and security of client information, adhering to the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), especially in handling details vital for branding and logo design.
Indemnification
You agree to indemnify and hold harmless Marketing Together and its employees, agents, and contractors against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of:
Limitation of Liability
Termination
This includes:
Governing Law
Amendments to Terms
Contact Information
Dispute Resolution
Terms and Conditions for Marketing Together's 2024 Work For Free Offer
This document outlines the terms and conditions (T&C) applicable to the special offer (“Offer”) presented by Marketing Together. The Offer states: "If Marketing Together is unable to achieve an agreed upon Return On Ad Spend (ROAS) after 6 months of marketing, they will work for free until the target is met," subject to the following terms and conditions:
Exclusion of Advertising Spend: The Offer does not include any advertising spend on platforms such as Meta, Google, or any other digital advertising platform. Clients are responsible for all advertising costs incurred during the campaign.
Platform-Specific Offer: The Offer is exclusively applicable to results based on campaigns run on the Meta and Google platforms. Campaigns conducted on other platforms are not eligible for this Offer.
Duration Limit for Free Services: In the event that Marketing Together is unable to achieve the agreed upon ROAS within 6 months, they will provide their services for free for a limited duration of 3 months or until the targeted results are achieved, whichever comes first.
Client Financial Obligations: The client must have made all payments due to Marketing Together on time and must have no outstanding payments for any services offered by Marketing Together, including but not limited to consultation fees, management fees, and other service-related charges.
Agreement on ROAS Targets: The ROAS targets must be mutually agreed upon in writing by both Marketing Together and the client prior to the commencement of the marketing campaign.
Regular Campaign Review: Marketing Together and the client will conduct regular monthly reviews to assess campaign progress. Adjustments to the campaign strategy may be suggested and must be agreed upon by both parties.
Limitation of Liability: Marketing Together's liability under this Offer is limited to the provision of marketing services and does not cover any direct, indirect, or consequential losses incurred by the client due to advertising spend or other related expenses.
Termination of Offer: This Offer is subject to termination or modification by Marketing Together at any time without prior notice. However, any campaigns already under agreement will be honored as per the terms at the time of the agreement.
Compliance with Laws and Policies: Both parties agree to comply with all applicable laws and regulations, as well as the advertising policies of the platforms (Meta, Google) used for the campaigns.
Dispute Resolution: Any disputes arising under these terms and conditions will be resolved through mutual negotiation. If resolution cannot be reached, disputes will be settled through arbitration in accordance with the laws of the jurisdiction where Marketing Together is registered.
This document represents a binding agreement between Marketing Together and the client upon commencement of the marketing campaign under the Offer. Clients are advised to read these terms and conditions carefully and seek independent legal advice if necessary.
