A. 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.
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 / Fresh Perspective Digital Pty Ltd (trading as Hello Digital) ACN 627 999 713
B. Payment Terms
All Setup Fees, Launch Fees, Build Fees or other initial costs agreed upon are payable before the setup of your marketing services will begin. Where charged, these fees cover the important additional effort that goes into the setup up of the service as well as the additional effort that goes into the early stages of the service.
The Management Fee for your advertising account(s), landing pages or search engine optimisation or other services will be charged at the date of sign up unless otherwise negotiated at the time of sale. Management Fees are charged weekly in advance.
Fresh Perspective Digital Pty Ltd will automatically debit your supplied credit card or bank account weekly, monthly or from time to time depending on the service for these Management Fees.
Where a balance is outstanding, Fresh Perspective Digital Pty Ltd reserves the right to charge the Management Fee periodically in advance at any time with notice supplied via email or phone at a reasonable time before the change occurs.
Fresh Perspective Digital Pty Ltd reserves the right to stop managing your advertising account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Fresh Perspective Digital Pty Ltd management fee will stop after the first full payment cycle following this notice.
If at any time you wish to suspend services temporarily please notify your Fresh Perspective Digital Pty Ltd account manager and they will facilitate this process for you. Sometimes your account manager may suggest to suspend your weekly management for a period, in this case they will contact you to confirm your understanding and approval before taking any action. All suspensions or pauses of services require an agreed resumption date when the services will re-commence.
If you wish to suspend or cancel your Fresh Perspective Digital Pty Ltd management of your advertising account(s), landing pages or search engine optimisation or other services at any time then please let us know by phone or email and we will respond to confirm any details or arrangements required to execute your request. On cancellation management fees will cease after the remainder of the current payment cycle is completed. Where you are charged weekly, the management fees will cease to charge after 2 full weekly payments have been made after the finalisation of your cancellation request in writing, finalised via phone conversation. Where you are charged monthly, the same conditions apply but the fees will cease to charge after one monthly payment has been made following confirmed cancellation.
On cancellation any/all amounts owing to Fresh Perspective Digital Pty Ltd must be paid in full within 5 business days of cancellation. If amounts are owing (unpaid invoices) overdue beyond 90 days Fresh Perspective Digital Pty Ltd reserves the right to engage a debt collector at your expense.
C. General Advertising Terms & Conditions
By engaging with Fresh Perspective Digital Pty Ltd to manage your online advertising you give us permission to access to any and all accounts necessary for the management of these services.
Setup
Fresh Perspective Digital Pty Ltd will begin the research, analysis and build of your account immediately following payment although setup of your accounts, research and implementation of your full strategy can take up to 10 working days to complete, unless otherwise specified. During this time we may request information and access from you. Any delays to your provision of this information and access could extend the setup period beyond 10 working days.
Advertising Fees
Advertising fees (also known as ‘media spend’) are directly charged by the supplier (Google, Bing, Facebook, Instagram etc.). Fresh Perspective Digital Pty Ltd do not manage or receive commision from these advertising services in any form. As such, Fresh Perspective Digital Pty Ltd are not liable for fees charged by advertising services. If you wish to suspend charges or change payment details for any services please advise your account manager or you can access the account yourself and update these details at any time. You have a direct relationship with your advertising supplier, and Fresh Perspective Digital Pty Ltd will do everything possible to ensure you have full access to your billing and administration settings on all platforms possible.
Ownership
Your advertising platform account(s) are your property. Fresh Perspective Digital Pty Ltd never retain ownership of your account or its associated data at any point. All intellectual property generated and stored on these platforms is retained by you subject to the terms and conditions of the advertising supplier.
Limitations of Service and Liability
Fresh Perspective Digital Pty Ltd provide expert consultation services and other services to help you achieve your marketing goals but cannot guarantee the outcomes from any activities or assets relating to marketing, online advertising, search engine optimisation or landing pages. As such, unless otherwise negotiated, agreed and documented we cannot be held liable for the commercial outcomes of online advertising and marketing. This is because we do not have control over every element that goes in to your business success, such as internal business operations, external market factors, product or service quality, and so on.
Fresh Perspective Digital Pty Ltd manage online services on behalf of your business. Online services can experience disruptions and technical issues that are beyond the control and influence of Fresh Perspective Digital Pty Ltd at times. While we will make every effort to inform you of any issues occurring and their impact we cannot be held liable for these disruptions.
These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions. These Terms and Conditions can be modified at any time by Fresh Perspective Digital Pty Ltd. 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 not separately notify you of these changes.
To the extent that Copyright subsists in any text that We create for Your advertising account(s), website or landing pages 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.
You are solely responsible for maintaining the privacy of your username and password in relation to the Account site, and for restricting access to your computer. You are fully responsible for the use of the Account site under your username and password. In case of breach of security, you must notify Fresh Perspective Digital Pty Ltd immediately of any unauthorised use of your username or password.
D. Facebook Specific Terms and Conditions
Fresh Perspective Digital Pty Ltd may at your request setup custom information within our agency account. If at any time our services are ceased this information will be retained in the agency account. If this situation is likely to occur, your account manager will advise you and discuss any impacts.
Although Fresh Perspective Digital Pty Ltd may generate creative assets for use in your campaign such as advertising images or copy, this arrangement is made ad-hoc and unless otherwise agreed is not included as part of the account management service or setup fee, or other fees not directly relating to the generation of those assets. If no fee is paid for these assets and they are supplied, then the assets remain the intellectual property of Fresh Perspective Digital Pty Ltd and may not be used without permission or outside of the scope of these terms.
Unless negotiated between yourself and Fresh Perspective Digital Pty Ltd, it is the your responsibility to monitor, manage and respond to all activity on your Facebook Page(s) and any advertising or post comments.
E. Hosted Landing Page Terms and Conditions
Landing page setup duration is negotiated during the setup phase based on the complexity of the work called for by your specifications.
Any assets supplied to Fresh Perspective Digital Pty Ltd from you will remain your intellectual property and may not be used by Fresh Perspective Digital Pty Ltd for any other purpose without your written permission. Assets generated by Fresh Perspective Digital Pty Ltd will remain the intellectual property of Fresh Perspective Digital Pty Ltd and may not be used without permission or outside of the scope of these terms. Where an additional fee is paid for a custom design, then you will retain the rights to use the assets, however we may charge a fee to convert these assets to your preferred format for storage and use.
The management fee and setup fee structure for landing pages is identical to that detailed throughout this document, however please note that services differ in the length and/or frequency of their payment cycle.
F. Use of Branding or Comments for Promotional Purposes
From time to time, Fresh Perspective Digital Pty Ltd may use your branding and likeness for promotional purposes. For example, we may display your logo on our website displaying you as a valued customer and partner in business. If you wish to be excluded from these activities please let us know. Normally we would seek permission before engaging in this activity.
From time to time, we may ask to share your comments for promotional purposes, such as the placement of a testimonial on our website. As well as this the activities and results delivered for you may be used as a case study, either anonymous or branded. If you wish to be excluded from these activities please let us know. Normally we would seek permission before engaging in this activity.
Should you have any questions about this, please contact us. Please note that information from Fresh Perspective Digital Pty Ltd does not constitute independent legal advice, which we encourage you to seek to ensure your understanding of the terms and conditions.