Terms of Business

By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement.

General Terms

These Terms and Conditions govern all services provided by Appropriate Marketing PTY LTD (ACN 664 904 536) ("the Company"). By engaging the Company for services, clients acknowledge and accept these Terms and Conditions. The Company reserves the right to amend these Terms at any time without prior notice. Changes will take effect immediately upon being posted on our website, communicated via email, or through any other notified means.

  1. Definitions

In the context of these Terms and Conditions, the following definitions apply:

1.1. "Agreement" refers to these general terms and conditions, along with any non-excludable conditions and warranties implied by law, and any other documents expressly incorporated by reference. Together, these documents constitute the entire agreement between the Company and the Client regarding the services provided.

1.2. "Company" is Appropriate Marketing PTY LTD (ACN 664 904 536), also referred to as "We", "Us", or "Our".

1.3. "Client" is the person or business identified as such in the Agreement, also referred to as "You" or "Your".

1.4. "Business Day" means a day other than a Saturday, Sunday, or public holiday in Queensland.

1.5. "Fees" includes the Price and any Additional Charges related to the services under this Agreement.

1.6. "Website" pertains to the website designed, built, and hosted for the Client under this Agreement.

1.7. "Campaign Scope" is a document titled either "Scope" or "Proposal" provided by the Company to the Client, detailing the Services, Price, and Term of the campaign.

1.8. "Intellectual Property" encompasses all intellectual property rights arising from the Services, including but not limited to copyrights, patents, trademarks, design rights, and domain names, regardless of whether they are registrable or registered.

1.9. "Confidential Information" includes all information exchanged between the parties during the Agreement that is designated as confidential or should reasonably be considered confidential based on its content, context, or the manner of its disclosure. This does not include information already in the public domain (unless due to a breach of this Agreement) or information independently developed by a third party. Notably, the terms of this Agreement and the contents of the Scope or Proposal are considered Confidential Information.

1.10. "Price" refers to the fees specified in the Agreement for the provision of services.

The ordering and phrasing adjustments aim to enhance readability and ensure consistency in the use of terms throughout the document.

  1. Feedback, Termination, and Payment

Feedback and Timelines

2.1. The Client is expected to provide feedback within the specified timelines to prevent delays in the delivery of services.

Termination Conditions

The Company reserves the right to terminate this agreement under any of the following conditions:

2.2. Failure of the Client to respond to communication attempts via email or telephone within ten (10) Business Days.

2.3. Deviation of the Client's instructions from the agreed terms, or refusal to pay additional fees for extra work required.

2.4. The Client's failure to provide necessary content or information within the agreed deadlines.

2.5. Existence of more than one outstanding invoice.

Termination will be communicated electronically, and the Client will be responsible for the balance remaining under the Agreement.

Liability and Indemnification

2.6. The Company does not guarantee any specific outcomes from our services, including increases in traffic, sales, or profits.

2.7. The Client agrees to indemnify the Company against any damages or losses arising from the provision of Services.

Data Privacy

The Client commits to managing personal data according to the Personal Data (Privacy) Ordinance by:

2.8. Collecting only necessary personal data for lawful purposes.

2.9. Ensuring data accuracy and erasing data that is no longer necessary.

2.10. Using collected data solely for its original purpose unless explicit consent is obtained for a change of use.

2.11. Protecting personal data against unauthorized access or use.

2.12. Allowing individuals to access and correct their personal data in accordance with the law.

The Client will indemnify the Company against any privacy breach claims.

Payment Terms

2.13. Payments are accepted via direct debit through our secure portal.

2.14. Services will commence upon receipt of the initial payment, with ongoing Monthly Fees due within 7 days of invoice receipt.

2.15. Late payments may incur a 5% monthly charge on outstanding balances.

2.16. No refunds are available once services are paid for, and credits are subject to the Company's discretion.

Jurisdiction and Dispute Resolution

2.17. This Agreement is governed by the laws of Queensland, Australia, with any disputes subject to the jurisdiction of its courts.

Employment Restriction

2.18. The Client agrees not to solicit or employ any of the Company's staff during and for 12 months after the termination of services.

Revisions and Additional Charges

2.19. Limited to two rounds of revisions for services; additional revisions charged at $120 + GST per hour.

2.20. Each revision round may delay the service launch.

Non-disparagement

2.21. The Client must avoid making disparaging statements about the Company or its personnel, except as legally required.

Website Development Services Agreement

This Agreement specifies the terms under which Appropriate Marketing PTY LTD (ACN 664 904 536) (the "Company") will provide website development services (the "Services") to the Client (the "Client") for the creation or redesign of their website (the "Website").

Service Provision and Authorization

  • The Company agrees to perform the Website Development Services as per the agreed-upon project scope and timeline. The Client authorizes the Company to develop and implement website designs, functionalities, and features as described in the project proposal or scope document.

Client Responsibilities

  1. Content and Information Provision: The Client agrees to provide all necessary content (text, images, videos, etc.) and specific information (branding guidelines, access credentials, etc.) within the timeframes stipulated by the Company to ensure timely project progress.

  2. Review and Feedback: The Client commits to reviewing deliverables and providing feedback or approval in a timely manner as specified by the Company to avoid project delays.

Client Warranties

  • Compliance and Legality: The Client warrants that all materials provided for the Website, including text, images, and multimedia, comply with applicable laws and do not infringe on any third-party rights.

Project Modifications and Additional Costs

  • Any requests for changes to the project scope or additional features by the Client may result in revised timelines and additional costs. The Company will provide an estimate for such changes for the Client's approval before proceeding.

Completion and Acceptance

  • Upon completion of the Website, the Company will provide the Client with an opportunity to review and test the Website. The Client's acceptance of the Website will be deemed upon go-live or if no significant feedback is provided within ten (10) business days of completion notification.

Warranty Period

  • The Company offers a warranty period of thirty (30) days post-launch during which any reported technical issues directly related to the development work will be addressed without additional charge. This does not cover issues arising from third-party services or client-made changes.

Intellectual Property

  • Upon full payment, ownership of the final Website design and development work will transfer to the Client, excluding any proprietary tools, software, or technology used by the Company in the development process. The Company grants the Client a non-exclusive, perpetual license to use such elements.

Limitation of Liability

  • The Company does not guarantee specific business outcomes resulting from the Website's deployment. The Company shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the Website or Services, except as provided by law.

Landing Page Design & Development Services Agreement

This Agreement outlines the terms under which Appropriate Marketing PTY LTD (ACN 664 904 536) (the "Company") provides Landing Page Design & Development services (the "Services") to the Client (the "Client") for their Website.

Service Provision

The Company commits to delivering the following under the Services:

  1. Custom Landing Page Design: A tailored design to meet the Client's specific requirements.

  2. Design Revisions: One round of minor revisions to the initial design.

  3. Copywriting: Up to 300 words of custom copy, unless supplied by the Client.

Timeline and Client Responsibilities

  • The Company aims to complete the Services within 14 business days, contingent upon the Client's timely provision of necessary approvals and amendments within 3 business days. Delays in approvals from the Client will lead to corresponding delays in the project timeline.

  • The Client is responsible for providing all necessary information and materials for the Services, including, but not limited to, channel page login details, copy suggestions, images, and branding files and documents.

Client Warranties

  • Compliance and Legality: The Client warrants that all materials provided for the landing page, including text, images, and multimedia, comply with applicable laws and do not infringe on any third-party rights.

Client Acknowledgements

  • The Client understands that the Company cannot control the acceptance policies of third-party channels with respect to the types of sites and/or content they permit. Such policies may change over time.

Limitation of Liability

  • The Company shall not be liable for any direct, indirect, incidental, or consequential damages or losses arising from the provision of the Services, except as mandated by applicable law.

Content Writing Services Agreement

This Agreement outlines the terms under which Appropriate Marketing PTY LTD (ACN 664 904 536) (the "Company") offers Content Writing services (the "Services") to the Client (the "Client") for their Website.

Service Inclusions

The Company commits to providing the following as part of the Services:

  1. Dedicated Content Writing Specialist: Assignment of a specialist to manage and execute the Client's content needs.

  2. Revision Policy: One round of minor revisions to the content delivered.

Turnaround Time and Approvals

  • The Services will be completed within the turnaround time specified in the Service Agreement signed by the Client and the Company. This is contingent upon the Client's timely provision of necessary approvals and amendments within 3 business days.

Client Responsibilities

To facilitate the Services, the Client will provide:

  1. A detailed content questionnaire response.

  2. Copy samples and suggestions.

  3. Approval of the final content within 10 business days.

Where applicable, the Client will also provide:

  • Relevant images and branding files.

  • Channel page login details.

Client Acknowledgements

  • The Client acknowledges that the Company does not influence the content policies of third-party channels regarding the acceptance of sites/content now or in the future.

  • Should the Client fail to provide approval within the agreed 10 business days, and if the Company has the necessary access, the Company is authorized to upload the content.

Limitation of Liability

  • The Company will not be held liable for any direct, indirect, incidental, or consequential damages or losses resulting from the Services provided, except as required by applicable law.

Website Hosting Services Agreement

This Agreement outlines the terms under which Appropriate Marketing PTY LTD (ACN 664 904 536) (the "Company") agrees to provide website hosting services (the "Services") to the Client (the "Client") .

1. Services Provided

The Company agrees to host the Client's website subject to the following terms:

  • 1.1 Hosting Space: Provide the Client with specified disk space on the Company's servers.

  • 1.2 Bandwidth: Allocate a monthly bandwidth limit as per the chosen hosting plan.

  • 1.3 Support Services: Offer technical support for hosting-related issues via email or phone, available during specified hours.

  • 1.4 Uptime Guarantee: Ensure a 99.9% website uptime, excluding scheduled maintenance and unforeseen outages.

  • 1.5 Backups: Ensure daily backup are taken.

2. Client Responsibilities

  • 2.1 Content Management: The Client is responsible for all content on their website. The Company is not liable for content-related issues.

  • 2.2 Compliance: The Client's website must adhere to all applicable laws and regulations.

  • 2.3 Security: The Client is responsible for the security of their website, including the use of strong passwords and the regular update of software and plugins.

5. Limitation of Liability

The Company shall not be liable for any claims, damages, or lost profits that may arise from the use of its hosting services, except as provided by law.

Search Engine Optimisation (SEO) Services Agreement

SEO Services Agreement

This Agreement outlines the terms under which the Company (the "Company") will provide search engine optimization (SEO) services (the "Services") to the Client (the "Client") for their website (the "Website").

Service Provision and Authorization

  • The Company agrees to deliver the SEO Services and is authorized by the Client to employ specific keywords and phrases (the "Key Phrases") to improve the Website's search engine ranking and visibility.

Client Acknowledgements

  1. Service Delays: The Client acknowledges that no refunds or compensation will be provided for service delays not caused by the Company.

  2. Access Requirements: If the Client fails to provide necessary access credentials (e.g., FTP/cPanel/CMS logins) within one month of this Agreement, the Company will supply onsite optimization recommendations as a separate document for the Client or their representative to implement.

Client Warranties

  • Legal Compliance: The Client warrants that the Key Phrases and Website content comply with all applicable laws and regulations.

  • Intellectual Property: The Client asserts it has not been notified of, nor does the Website content infringe upon, any third party's intellectual property rights.

Indemnification

  • Should any content of the Website be alleged to infringe a third party's intellectual property rights, the Client will indemnify and defend the Company against such claims, covering all related costs and damages.

SEO Performance Guarantee Exclusions

The Company's performance guarantees do not apply if:

  1. Unauthorized changes to the Website negatively impact its search rankings.

  2. The Website goes offline due to reasons outside the Company's control.

Guarantee Conditions

  • If the Company fails to meet agreed-upon SEO milestones through no fault of the Client, the Company will continue to provide Services at no cost for up to 90 days post-contract term.

  • The guarantee takes effect when SEO content is live on the Website, considering all organic and map rankings towards 1st page milestones. This guarantee is nullified if the Client modifies or removes the Company's implemented changes.

Limitation of Liability

  • The Company does not guarantee that the SEO Services will result in increased sales, business activity, profits, or any other form of improvement. Except as legally mandated, the Company is not liable for any damages or losses arising from the provision of the Services.

Online Reputation Management Services Agreement

This Agreement outlines the provision of Online Reputation Management (ORM) services (the "Services") by Company ("the Company") to the Client ("the Client") for their campaign.

Service Provision

The Company will deliver ORM services, including optimizing business profiles and microsites to enhance the ranking of selected key phrases and aim to demote offending and negative sites' on the first page of Google search results.

Client Responsibilities

To facilitate these Services, the Client will provide necessary access and logins for the website, enabling the Company to upload content, adjust title tags, meta tags, and modify content and source code for optimization purposes.

Client Acknowledgements

  1. The Company cannot control Search Engine policies regarding site and content acceptance.

  2. No guarantee is made that ORM services will result in sales increases, business activity, profit growth, or other improvements.

  3. Payment for Services is due under all circumstances, including but not limited to:

    • Unauthorized website or backlink changes affecting ORM efforts.

    • Delays not caused by the Company.

    • Website downtime not attributable to the Company.

    • Non-implementation of the Company's recommendations after a Google algorithm update.

Guarantee Limitations

The Company's guarantees are not applicable if:

  • Unauthorized changes to the website affect search rankings.

  • The website is offline for reasons beyond the Company's control.

Should the Company not meet specific guarantees or milestones through no fault of the Client, the Company will continue to provide services at no additional cost for up to 90 days post-contract term.

Early Termination

Either party may terminate the agreement with one month's written notice before the term's expiry. If the Client terminates the Services within the contract period, they must pay the Monthly Fee for the remaining balance.

Refund Policy

No refunds are provided for the Services rendered by the Company.

Definitions

  • Reputation Management: Efforts to mitigate the impact of 'offending sites' created by third parties against the Client.

  • Offending Sites: Websites, blog posts, or articles considered harmful to the Client's online reputation.

  • Negative Keyword: Key phrases that yield search results for 'offending sites' detrimental to the Client's reputation.