Terms of Business
This Agreement is entered into between SIXGUN PTY LTD, ACN 620 070 037, located at Unit 7/1 Bromham Pl, Richmond VIC 3121 and the Client (as specified in the Campaign Particulars communicated via email).
SIXGUN PTY LTD is a digital marketing agency and can provide the Client with the following services:
- Digital marketing strategy and implementation.
- Search engine optimisation services (hereinafter referred to as “SEO”).
- Search engine marketing services (hereinafter referred to as “PPC”).
- Social media marketing services.
- Email marketing services.
- Website design and development services.
The Client acknowledges and authorises SIXGUN PTY LTD to undertake this activity.
SIXGUN PTY LTD via its representatives will communicate to the Client by email the Campaign Particulars. This will include the specific terms of the contract: Company, services provided, client name, ABN/ACN (if applicable), website (if applicable), minimum term, start date, fee, recommended media spend (if applicable), and conditions. The Client shall acknowledge and accept these Campaign Particulars via email reply and in doing so enters into this contract. This will be required prior to the commencement of the campaign.
The Client agrees to pay SIXGUN PTY LTD the fee set out in the Campaign Particulars for the minimum term specified. After the expiry of the minimum term, or if no minimum term is specified the Client agrees to continue to pay SIXGUN PTY LTD the fee specified on a month-to-month basis until 30 days notice of cancellation is provided by either party.
SIXGUN PTY LTD requires 30 days notice to stop our services after the minimum term has been completed, or 30 days notice before the expiry of the minimum term to end the agreement on the final day of the minimum term period. Additionally, where no minimum term is specified SIXGUN PTY LTD requires 30 days notice to stop our services. The Client acknowledges that this is fair and reasonable given the nature of the services and understands that this clause is non-negotiable.
The Client acknowledges that the fee is calculated across the minimum term and that SIXGUN PTY LTD would incur a significant loss in the event the Client terminates the agreement during this minimum term. This loss will be calculated and the balance will be immediately due and payable by the Client upon termination. The Client agrees that they shall be liable for the calculated balance of the fees and pay these fees within 30 days of termination.
For the avoidance of doubt, early termination fees are as follows:
1 – 3 months remaining of the minimum term: 20% of the remaining contract value to be paid to SIXGUN PTY LTD.
4 – 6 months remaining of the minimum term: 30% of the remaining contract value to be paid to SIXGUN PTY LTD.
7 – 9 months remaining of the minimum term: 40% of the remaining contract value to be paid to SIXGUN PTY LTD.
10 – 12+ months remaining of the minimum term: 50% of the remaining contract value to be paid to SIXGUN PTY LTD.
For the purposes of receiving SEO services, the Client agrees to provide the following:
- Administrative/backend access to the website (including FTP and CMS access).
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Authorisation to use Client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary for search engine optimisation purposes.
For the purposes of receiving PPC and social media services, the Client agrees to provide the following:
- Administrative/backend access to the website (including FTP and CMS access).
- Administrative access to the specified marketing platforms required such as Google Ads, Bing Ads, Facebook, Twitter and LinkedIn.
- Monthly media spend budgets, and if not specified 5 business days before the end of the month the previous monthly budgets will be applied.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Authorisation to use Client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary for PPC and social media marketing purposes.
For the purposes of receiving email, website and other marketing services, the Client agrees to provide the following:
- Administrative/backend access to the website (including FTP and CMS access).
- Administrative access to the specified marketing platforms required such as Mailchimp.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Authorisation to use Client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary.
The Client must acknowledge the following with respect to our services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- SIXGUN PTY LTD has no control over the policies of search engines or marketing platforms (such as Google Ads, Bing Ads, Facebook and LinkedIn) with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded, penalised or negatively affected in any search engine or marketing platform at any time at the sole discretion of the search engine or marketing platform. As such SIXGUN PTY LTD does not accept liability for any loss (which includes but is not limited to loss of profits, loss of saving, loss of rankings, loss of opportunity, loss of traffic, loss of business and damage to goodwill) arising from the use of our service and to the extent permitted by Australian Consumer Law.
- To the extent permitted by law, both parties agree that neither party shall be liable to the other for, or in relation to any consequential loss.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, SIXGUN PTY LTD does not guarantee number 1 positions or consistent top 10 positions for any particular keyword, phrase, or search term in relation to SEO services.
- The Client acknowledges that SIXGUN PTY LTD makes no warranty or guarantee that the services provided will generate any increase in sales, business activity, profits or any other form of improvement for the Clients business or any other purpose.
SIXGUN PTY LTD is not responsible for changes made to the website or marketing platforms by other parties that adversely affect the campaign results.
The Client will endeavour to approve work (such as content) supplied by SIXGUN PTY LTD in a timely fashion, and acknowledges that delays in doing so will affect the campaign performance.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to SIXGUN PTY LTD for inclusion on the website or marketing platforms are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend SIXGUN PTY LTD and its subcontractors from any liability or suit arising from the use of such elements. It is also understood that any elements provided by SIXGUN PTY LTD to the Client are only to be used for the intended purpose or project and are strictly not to be used by the Client for any other purpose.
SIXGUN PTY LTD is not responsible for the Client or any other party overwriting SEO, PPC or any other work applied to the Client’s website or marketing platform. The Client will be charged an additional fee for re-constructing this work, based on the hourly rate of $200 per hour.
The Client, unless expressly stated in writing, agrees to have their campaign used as a Case Study by SIXGUN PTY LTD for marketing and promotion purposes.
The Client will not offer any form of employment to SIXGUN PTY LTD staff at any time whilst engaging the services of SIXGUN PTY LTD, or within 12 months of ceasing the service.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
This contract is subject to the jurisdiction of the State of Victoria, Australia. Both parties acknowledge and agree to irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia.
