Terms & Conditions for ABC Advertising
Meanings & Abbreviations
In this Agreement the following words have their corresponding meanings:-
Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
Google / Google AdWords / Search Engine means Google and Google AdWords except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / ABC Advertising ABN 12752279975 trading as ABC Advertising
The Initial Set Up Fee is payable in full before the setup of your Google AdWords accounts will begin.
The weekly Management Fee for your Google AdWords advertising account will be charged 7 days after date of sign up. The Management Fee will be charged weekly in arrears. ABC Advertising reserves the right to charge the Management Fee weekly in advance at any time by email notice to you a reasonable time before the change occurs.
ABC Advertising reserves the right to not set up your Google AdWords/ advertising account. At which time you will receive a full refund of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.
ABC Advertising will automatically debit your supplied credit card weekly for the weekly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.
ABC Advertising reserves the right to stop managing your Google AdWords/ advertising account and terminate this Agreement at any time by email notice to you. If this occurs your ABC Advertising weekly management fee will stop at the end the second week after the termination date.
If you wish to suspend or cancel your ABC Advertising management of your AdWords accounts at any time then please let us know by email. We discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your ABC Advertising weekly management fee will stop on the earlier of at the end of next two full billing cycles from the date of written notification.
Please note that if you wish to suspend (temporarily pause) your ABC Advertising management of your AdWords accounts then your Google advertising must also be suspended/temporarily pause (which we will arrange).
Upon canceling ABC Advertising management, all amounts owing to ABC Advertising will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
ABC Advertising reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.
General AdWords Terms & Conditions
This is not a fixed-term contract with ABC Advertising, however, whilst ABC Advertising are managing your Google AdWords account the following terms and conditions apply:-
1. By entering this Agreement with ABC Advertising you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.
2. ABC Advertising will endeavour to set up your AdWords accounts as soon as possible, however, in some cases it may take up to 5-7 days to complete set up of your new account.
3. If we request more information from you for the setup of your new or existing account, ABC Advertising will not be held responsible for any delay arising from the need for further information.
4. To allow us to finalise strategies started and ensure your account is not negatively affected by “half finished” optimisation techniques, we require 2-weeks’ notice to cancel management and billing. We would appreciate the opportunity to discuss your concerns at this time.
5. ABC Advertising management is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. ABC Advertising will not be liable for any amounts that Google AdWords charges you following the cancellation of your management with ABC Advertising. If you wish to cease advertising online at the same time that you cancel your ABC Advertising management, please notify your Client Manager in writing so that we can cancel your Google Adwords online advertising as well.
6. For clarity, please note that:-
(a) ABC Advertising is not Google, Google AdWords, Facebook or Yahoo;
(b) ABC Advertising is affiliated with Google by being a “Google Partner”. ABC Advertising has no fewer than two staff members who are “Google Certified Individuals”. However, despite this affiliation with Google, ABC Advertising is a separate entity from Google; and
(d) Your AdWords account/s remain your property. We will work on your AdWords account/s, but it/they remain Yours.
7. ABC Advertising will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, ABC Advertising does not guarantee any particular rate of return or performance of any online advertising on Google AdWords (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords account for your business and/or websites.
8. ABC Advertising is providing an internet marketing service for a competitive price. ABC Advertising is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
(a) ABC Advertising will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
(b) The maximum liability of ABC Advertising to you is the lesser of:-
(i) the sum of Setup Fees and Management Fees you have paid to ABC Advertising; or
(ii) the cost of re-supplying the online advertising services; or
(iii) the cost of rectifying the online advertising problem which has caused your loss.
9. These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
10. These Terms and Conditions can be modified at any time by ABC Advertising. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will attempt to notify you of these changes.
11. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
12. You warrant to Us that you will use the services provided by ABC Advertising under this Agreement for business purposes (and not predominantly personal, domestic or household use).
13. To the extent that Copyright subsists in any text that We create for Your AdWords account/s pursuant to this Agreement; We assign copyright in such text to You. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.
Our refund policy has been devised to define the situations under which ABC Advertising will provide a refund, the procedure for claiming a refund and the responsibility of ABC Advertising in circumstances resulting in such a claim. By registering for any of our services you are declaring that you accept and agree with all the terms and conditions outlined in the refund policy.
Coverage & Scope
Our refund policy covers the refunds by ABC Advertising.
This policy does not have any application for companies which are not owned or controlled by ABC Advertising or for persons not employed or managed by ABC Advertising. This includes any third party service and/or product providers bound by contract and also, any third-party websites to which ABC Advertising websites link.
Eligibility for Refund
At ABC Advertising every project is important to us and we ensure that each project is handled with utmost care and professionalism. Our aim is to provide the results as per the terms and conditions of the proposal. However, despite every measure, if the client is not satisfied with the results and chooses a refund, we will consider a refund requests as per our terms and conditions in which our services and refund policy related to each service is very clearly listed.
Limitation of Liability
ABC Advertising liability is bound by the value of the project (as per our proposal) which remains incomplete at a given point of time. ABC Advertising is not obligated for losses due to the services provided/not provided or the delay in the same at any point of time. The liability to refund holds only if the project has been canceled by the client and such cancellation has been communicated to ABC Advertising in writing.
Processing of Refunds
The refunds will be processed within 10 business days of the date of cancellation and will be brought about using the method of payment agreed upon in the beginning of the project.
ABC Advertising may at any time, without prior notice under its sole discretion, amend this policy from time to time. You are therefore requested to review this policy periodically. Your continued use of ABC Advertising services after any such amendments automatically implies your acceptance of the same thereof.