Terms and Conditions

The services we provide

We agree to deliver the services to you as set out in the Scope of Services section above.  

However, doing so might be dependent on the operation and rules of other third-party service providers (like Facebook and Google, amongst others). Therefore, you agree that where we can’t deliver the services because we’re at the mercy of the third party we are not in breach of this agreement, we’ll simply resume the services as soon as the third party allows. If we cannot perform the services on a permanent basis because of the third party we’re under no obligation to do so. In that case, we’ll work with you to find an appropriate solution as agreed by you. 

Where a third party is involved in the delivery of the services, you acknowledge that you have read that third party’s terms and conditions and agree to be bound by them.  For example, Google and Facebook’s advertising guidelines (which you can find on their websites). 

Sometimes the internet is down and if that occurs where not responsible for your ads not appearing, your website not being available or a report not being accessible. 

There are some things you simply can’t advertise on the Internet. Without limitation, these include things like pornography, guns, ammunition, liquor and so on. We can’t use these terms or advertise products like it where it will breach a third party’s advertising guidelines or breach any other law. While we’ll try, and explain when your ads are in or likely to be in breach of a guideline or law we might not be able to and you might receive a notification about ads being rejected. 

We make no guarantee that your ads, blog articles, marketing strategy (or other services) that we create for you will be successful or will deliver you customers or benefit generally. We can’t control how many people are searching in your market, how many people click on your ads, blog articles, Facebook posts (or other services) or what action they take after clicking on your ads, blog articles, Facebook posts (or other services). 

To provide the services we often need the use of your Intellectual Property (things like your brand name, your trademarks, your images and other content that you own. By using us, you agree to grant us a royalty-free universal license to use, edit and publish your Intellectual Property rights. 

Changes to these terms and conditions 

We may vary all or any part of these terms and conditions at any time by written notice to you. A written notice will be to the email address you provide to us when you sign up.

If you keep using us after receiving such notice, it will be deemed that you have accepted the changes to the terms and conditions.  

What we need from you

We need you to pay the amounts due set out on the invoices and as per the Payment and Term section above. 

We need you to send through images, artwork, logos, content, questionnaire answers and descriptions. Otherwise, we might not have enough information to complete your ads, website, blog and so on. When you supply it to us, you agree that you have the legal right to use it

How you can get out of this agreement

If we haven’t already started working on your marketing services and in addition to any statutory or other legal rights you have, you may terminate any or all of the services by giving us notice by email within 7 working days of the date on which you sign and return this agreement to us. 

After that date, you’ll need to give us 60 days’ notice if you wish to terminate this agreement. If you choose to terminate we’ll refund any unspent ad budget or amounts paid in advance for other marketing services. We won’t refund any other amounts that have been spent or where services have been rendered. 

How we can cancel this agreement

If you break the law, ask us to break the law, breach this agreement, close your business or threaten to close your business we may terminate this agreement with notice to you. 

General

A party may suspend its obligations under the terms and conditions if and to the extent that it is unable to perform such obligations as a direct result of an act of God, fire, wind, flood, riot, war, industrial action or defaults by third parties or other circumstances of a similar nature beyond its reasonable control (force majeure event). Where a party claims a force majeure, the event has occurred it must give notice to the other party giving all available information in relation to the event and estimating the period of time required to remedy the event and end the suspension. The existence of a force majeure event will not relieve a party from any obligation to the extent that it is not affected by the force majeure event or related to the period up the occurrence of the force majeure event, or in particular, your obligation to pay any amounts falling due prior to the force majeure event. Where a party’s obligations have been suspended pursuant to this clause for a period of 30 calendar days or more, the other party may immediately terminate the delivery of all marketing services. 

Where any notice is to be given under these terms and conditions, such notice must be given by email to the email address specified on this Schedule of Work. Our email address is [email protected]

No delay or failure by us to exercise any of our powers, rights or remedies under these terms and conditions will operate as a waiver of them and any waiver, to be effective, must be in writing.

If any part of these terms and conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of those terms will continue to be valid and enforceable to the fullest extent permitted by law.

The headings or titles used in these terms and conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these terms and conditions.  

Both parties shall keep confidential all material concerning the business affairs of the other disclosed in the course of performance of these terms, save for any information in the public domain. 

These terms and conditions and this Schedule of Work are the complete and exclusive statement of the agreement between the parties relating to their subject matter and they supersede all previous communications, representations and other arrangements, whether written or oral. 

These terms and conditions will be governed by the laws of Australia and will be construed in all respects as a contract entered into in New Zealand. The parties hereby submit to the exclusive jurisdiction of the courts of New Zealand.