Terms

This Agreement is entered into between SIXGUN PTY LTD, ACN 620 070 037, located at 1/20 Queen St, Melbourne VIC 3000 and the Client (as specified in the Campaign Particulars communicated via email).

1. 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”).
  • Pay per click services (hereinafter referred to as “PPC”).
  • Social media services.
  • Email marketing services.
  • Website design and development services.

SIXGUN PTY LTD will use specific techniques (as listed above) to improve the visibility of the Client’s website and content.

The Client acknowledges and authorises SIXGUN PTY LTD to undertake this activity.

2. 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, client name, website, fee, number of key phrases (if SEO), campaign media budget (if PPC or social media services) and minimum term. 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.

3. 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 the Client agrees to continue to pay SIXGUN PTY LTD the fee specified and if 30 days notice is not provided by either party prior to the previous term ending the term length will be renewed to the original term length.

4. 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.

5. 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.

6. 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 AdWords, 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.

7. 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.

8. 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 AdWords, 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 assume 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.

9. SIXGUN PTY LTD is not responsible for changes made to the website or marketing platforms by other parties that adversely affect the campaign results.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.