This Terms of Service Agreement (the “Agreement”) sets out the terms and conditions on which you (the “Customer”) have engaged CLIQUED DIGITAL, to perform services as outlined below. This is a legally binding Agreement between you and CLIQUED DIGITAL. By becoming a CLIQUED DIGITAL Customer, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you make the first payment for services at CLIQUED DIGITAL.
1.) SUPPLY OF SERVICES
1.1 CLIQUED DIGITAL offers internet marketing services that include, but are not limited to: Search Engine Optimization (hereinafter “SEO), Google AdWords Campaigns (hereinafter “PPC” or “Pay Per Click”), social media marketing, link building, social media management, direct marketing (hereinafter “Call Centre”) and website design and development.
1.2 SEO Services
CLIQUED DIGITAL provides SEO services to the Customer for mutually agreed upon keywords at a price that is agreed between the parties, prior to the commencement of this Agreement.
You allow us to optimise your search engine results by making visible and nonvisible changes to your website.
1.3 Google AdWords
CLIQUED DIGITAL provides PPC services to the Customer for mutually agreed ads and keywords at the price which is agreed between the parties, prior to the commencement of this Agreement.
1.4 Social Media Services
CLIQUED DIGITAL provides social media services to the Customer for mutually agreed social media networks (the Customers profile pages) for a mutually agreed price, as agreed between the parties, prior to the commencement of this Agreement
1.5 Website Design and Development
CLIQUED DIGITAL provides website design and / or development to the Customer for a mutually agreed design and website layout, at the price agreed between the parties, prior to the commencement of this Agreement
1.6 The Customer authorises CLIQUED DIGITAL to appoint agents or contractors to assist in the provision of Services under this Agreement
2.) CLIQUED DIGITAL’S OBLIGATIONS
2.1 CLIQUED DIGITAL will provide services to the Customer in accordance with CLIQUED DIGITAL’S standard policies and procedures. CLIQUED DIGITAL reserves the right to reject, decline or cancel any Customer at the discretion of CLIQUED DIGITAL. CLIQUED DIGITAL is solely responsible for the providing of agreed Services.
2.2 All CLIQUED DIGITAL rules, policies and operating procedures concerning privacy, pricing, Customer service, and all other aspects of the Services will apply, and CLIQUED DIGITAL reserves the right to make changes to its policies, operating procedures and terms at any stage.
2.3 You understand that Google does not provide any information on how to increase the rank of your website keywords and all work implemented is based on historical data that changes regularly, and what we implement on your website has shown to improve website ranking performance.
2.4 We cannot guarantee that the work we implement will increase traffic or ranking positions as Google states there are no guarantees with search engine optimisation and to avoid companies who offer and search engine optimisation guarantee.
3.) REPORTING OF SERVICES
3.1 CLIQUED DIGITAL agrees to provide monthly reporting on all SEO and PPC services. Upon request, CLIQUED DIGITAL also agrees to offer weekly reporting, at no extra cost to the Customer.
4.) FEES AND PAYMENT
4.1 All fees for services provided to the Customer are due and payable one week in advance of the provision of services.
4.2 The Customer agrees to make payments to CLIQUED DIGITAL by the Customers nominated credit card and on occasion, by direct bank transfer.
4.3 The Customer agrees to provide their credit / debit card information to CLIQUED DIGITAL and authorises CLIQUED DIGITAL to automatically charge the Customer all relevant charges that apply to the Customers campaign. All charges will be processed weekly unless otherwise stated.
4.4 Weekly charges aligned to the Customers campaign will be charged weekly until such time as the Customer requests to cancel the campaign. The Customer agrees to provide one weeks written notice, to cancel their campaign.
4.5 Charges not paid by the due date , may incur a suspension of services from CLIQUED DIGITAL until such time as payment can be made.
4.6 CLIQUED DIGITAL reserves the right to employ the use of a collection agency, for outstanding Customer invoices.
4.7 CLIQUED DIGITAL agrees to donate 5% of all Customer payments, that are paid on time and in full, to the CLIQUED COMMUNITY charity fund. CLIQUED DIGITAL reserves the right to distribute and allocate this fund at their own discretion. If the Customer’s bill is not paid on time, no contribution shall be made.
5.) WARRANTY DISCLAIMERS
5.1 CLIQUED DIGITAL disclaims any and all warranties regarding to, or related to this agreement, or to any of CLIQUED DIGITAL’S services, other than those imposed by statute under the laws of the Commonwealth of Australia.
5.2 CLIQUED DIGITAL makes no warranty or representation:
A.) As to any specific outcome for the Customer as a result of their campaign with CLIQUED DIGITAL
B.) As to the quantity or quality of of sales to a Customer’s website as a result of the Customer’s campaign with CLIQUED DIGITAL
C.) As to the ranking of the Customer’s website as a result of their campaign with CLIQUED DIGITAL.
5.3 The Customer acknowledges that search engines change their algorithms regularly and that this may impact the Customer’s campaign results.
5.4 The Customer acknowledges that new sites and competitor sites are being optimised regularly and that this may impact the Customer’s campaign results.
5.5 The Customer acknowledges that Google may change its algorithms at any stage and that CLIQUED DIGITAL is in no way liable for any impact this may have on the Customer’s rankings or campaign.
5.6 The Customer acknowledges that CLIQUED DIGITAL is in no way liable for the Customer’s website or marketing results in any way, at any time. The Customer also acknowledges that CLIQUED DIGITAL is in now way responsible for the security of the Customer’s website at any time.
5.7 The Customer remains the owner of any work carried out CLIQUED DIGITAL on the Customers website, or social media pages. The Customer remains responsible for the content on the Customer’s website or social media pages
5.8 The Customer authorises CLIQUED DIGITAL to make any changes that CLIQUED DIGITAL deems as necessary, to the Customer’s:
B.) The Customer’s Google Ads account
C.) The Customer’s Social Media Pages
These changes may be made by CLIQUED DIGITAL at any stage of the campaign and it is the Customer’s responsibility, to provide feedback to CLIQUED DIGITAL in regards to these changes.
The Customer will indemnify CLIQUED DIGITAL and its Customers, suppliers, directors, officers, agents and employees from and against, any and all losses, costs damages, liabilities and expenses (including, without limitation, legal fees) arising out of or relating to any breach of the Customer, regarding any terms within this Agreement.
7.) LIMITATION OF LIABILITY
CLIQUED DIGITAL will not be liable to the Customer or any entity or person claiming through or under the Customer, for any loss of profit or income, or any other consequential, incidental or special damages, whether in an action for contract or tort, in connection with this agreement, even if CLIQUED DIGITAL has been advised of the possibility of such damages. At no time, shall CLIQUED DIGITAL’S liability to the customer hereunder, exceed the amount paid to CLIQUED DIGITAL by the customer, for the previous one (1) week’s worth of service. The Customer agrees that these limitations of liability for CLIQUED DIGITAL, are an essential element to the bargain between both parties.
This Agreement constitutes the entire understanding and Agreement of the parties with respect to the subject matter hereof. This Agreement may be amended at any time, at CLIQUED DIGITAL’S sole discretion. An email communication sent to the Customers last known email address, will be deemed sufficient notice of any such changes to this agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that the Customer may not assign this agreement, in whole or in part, without CLIQUED DIGITAL’S prior written consent and any assignment by the Customer without such consent, shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Queensland (Australia) without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Australia and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this agreement, shall be sufficient if in writing, in the english language, and sent via Australia Post Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement, will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
7.1 Either party can terminate this Agreement for convenience on 14 days paid notice post the current billing cycle, to take effect at the end of a fixed term, or if there is no fixed term, at the end of the 14-day paid notice period. This is it to be carried out pursuant to your agreed payment arrangement outlined in the Specific Terms.
Last Amended on the 20th of September 2020