1. The following sets out the terms and conditions of the services available through EST marketing.
2. The “Customer” or “Client” is you, as identified as a customer or potential customer of EST Marketing, or anyone who may purchase our services and products.
3. The “Service Provider” or “Company” is identified as EST Marketing of P.O Box 2150, Milton, Queensland (“EST”)
4. The “Services” means the services set out in the Quotation/Order Confirmation or contract, or the respective product page on our website.
A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
B. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
6. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the “Services”) consisting of the following: The Services or Products described on the individual product page(s) of the website.
2. The Services will also include any other tasks which the Parties may agree on in writing. The Service Provider hereby agrees to provide such Services to the Customer, and the Customer agrees to pay the Service Provider for the provision of the Services.
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for the period defined in the information page of the product or service purchased. Outside of this, the agreement will continue indefinitely until terminated as provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide thirty (30) days notice to the other Party.
5. Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
8. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider the specified amount on the product page per week.
9. The Compensation will be payable on a weekly basis, while this Agreement is in force.
10. In the event that the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement, a late payment penalty will be charged as follows: A late fee of $15 will apply to each late payment. The Customer will additionally pay a surcharge on any late payment in the amount of 20% per week. Late fees will be applied at the sole discretion of EST Marketing.
11. All intellectual property and related materials (the “Intellectual Property”) including any related work in progress that is developed or produced under this Agreement, will be the property of the Service Provider. The Customer is granted a non-exclusive limited-use license of this Intellectual Property. This includes any and all marketing or telemarketing data supplied to the customer.
12. The Customer must not disclose copy or distribute to any third party any portion of the data supplied by the Company and will only use the data for their own internal purposes.
13. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Service Provider.
14. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
15. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement to an address specified when purchasing the product.
16. The Australian Business Numbers (ABN’s) for the Parties to this Agreement are as follows: EST Marketing: 68 658 126 939
17. It is understood and agreed that the Service Provider will not be liable to the Customer, or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.
18. In the event that the Service Provider brings legal action to enforce or interpret any term of this Agreement, the Service Provider will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
19. The Customer acknowledges that the Service Provider may amend or modify this Agreement at any time without notice to the Customer. This agreement will always be available on the Service Providers website, and it is the sole responsibility of the Customer to be aware of the content.
20. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
21. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
22. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Queensland, without regard to the jurisdiction in which any action or special proceeding may be instituted.
23. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
24. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
25. Payment to EST Marketing for Google Adwords Management does not include Cost per click for Google AdWords; such funds are due and payable directly to Google. In addition, funds due and payable to any other site to which the Customer engages the Services of the Service Provider to manage that may incur costs are the express responsibility of the Customer.
26. EST Marketing is not liable for any losses from economic, political, technical or environmental issues effecting the viability or stability of any client product or service or the marketing thereof.
27. It remains the responsibility and liability of the Client to advise EST of the limitations of the client’s ability to manage any and all internet traffic and/or subsequent phone traffic that you the client service.
28. The Client may cancel a contract by contacting administration and paying the early exit fee. The fee of 50% of the total fee for the remaining contracted period, calculated in whole months for an AdWords Management product, and 100% of the fee payable for three months for SEO clients applies for cancellations. Additional cancellation fees may apply. Cancellation fees are applied at the sole discretion of EST.
29. The client hereby acknowledges confirmation, acknowledgement and acceptance of the above mentioned terms and conditions. In addition, any cooling?off period that would otherwise apply is hereby waived to allow EST to commence the provision of the service immediately.
30. Campaign output will be Archived for a period of 30 days, commencing from the date of dispatch of the output to the customer, unless an alternate period has been agreed in writing between both parties. Customer data will be backed up during normal backup procedures.
31. The Customer must not use any data as a results of an EST campaign for any unlawful purpose or any purpose likely to bring the company or its suppliers into disrepute.