Terms and Conditions of Marketing One Group (ABN: 92 569 983 549)
These Terms of Service (“Terms”), are entered into by and between Marketing One Group (ABN: 92 569 983 549) and or its associates, related parties, successors and assigns (collectively referred to as ‘Provider’) and the Client. You also accept the Terms of Service when you undertake any Photography package or service.
Marketing One Group is a website design & online marketing agency which also offers the following services to clients in Australia: Online Marketing, Website Development, SEO, Search Engine Optimisation, Graphic Designing, Social Media Marketing, SEO Copy Writing, Article Writing, Hosting, Directory Submissions, Press releases submissions, blog postings, social bookmarking & Google places / maps optimisation.
As used herein and throughout this Agreement:
1.1 “Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s) with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
1.2 “Client Content” means all materials, information, images/photographs, writings, logos and other creative content provided by client for use in the preparation of and/or incorporation in Marketing One Group’s Program
1.3 “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australia Copyright Law.
1.4 “Project” means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.
1.5 “Services” means all services and the work product to be done by Marketing One Group.
1.6 “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration and Content Writing.
1.7 “Client” Client means the individual or an organisation whose details are listed in the Service Order Form as the purchaser of the Services
1.8 “Services” The Provider offers professional photography solutions for businesses and organisations. The Services supplied by the Provider include, without limitation, any or all of the following:
a) Professional Photography:, b) Image Editing, c) Equipment Hire:
1.10 “Provider”: The “Provider” refers to Marketing One Group who is providing all the services mentioned in the section (1.9) above to the client.
Marketing One Group will provide the Client with ongoing management of Facebook Ad (hereinafter referred to as “Facebook Ads”) as described in this Agreement. The Client gives Marketing One Group the complete right to create, adjust and increase Ad spend to grow and scale the
Clients campaign. Any specific Ad Spend budget per month must be confirmed to Marketing One Group prior to the signing of this contract. The Client must not adjust or alter the Advertising campaigns unless previously discussed and approved by Marketing One Group. All Advertisements are performed on a month to month basis, this period starts from when the Advertisements go live. This contract is limited to one Ads Account. Please refer to the full Terms of Conditions of the Facebook Ads Management Service listed in Section Four (4).
Marketing One Group’s Facebook Ads Services are intended to:
Whilst Marketing One Group is managing the Client’s Facebook Ads account, the following terms and conditions apply:
5.1 General Costs
5.2 Additional Costs
The Client agrees to reimburse Marketing One Group for any requested expenses which do not form part of our contracted proposal including but not limited to making landing pages, designing graphical ads, purchase of third-party software, stock photographs, fonts, domain name registration, web hosting or any other comparable expenses. These extra add-ons have to be paid by the due date as specified on the invoice. Additional costs are to be agreed upon prior to commencement of out-of-scope work.
6.1 Intellectual Property
To the extent that Copyright subsists in any text that Marketing One Group creates for the Client’s Facebook Ads account/s pursuant to this Agreement; Marketing One Group assigns copyright in such text to the Client. For the avoidance of doubt, this clause does not assign copyright in any other materials that Marketing One Group may create for the Client outside the scope of this Agreement.
The following Company’s warranties and indemnities (including but not limited to) apply:
Marketing One Group will not be liable to the Client for any delay or failure to fulfil its obligation to the extent that such delay or failure is caused beyond its control, including but not limited to, fire floods, natural disasters, terrorism, wars, strikes, lockouts and industrial disputes.
The Client warrants that everything it provides Marketing One Group to employ in the Facebook Ads campaign is legally owned or licensed to the Client. The Client agrees that except to the extent caused by the gross negligence, fraudulent act or omission or wilful breach of this agreement by Marketing One Group, and its officers, employees and contractors shall, to the maximum extent permitted by law, not be liable to the client or its clients, officers and employees or contractors or any other entity for any Claims whatsoever:
The Client and Marketing One Group acknowledge and agree that the Services and all other documents and information related to the development of the Facebook Ads campaign(s) will constitute valuable trade secrets of Marketing One Group. The Client shall keep all information in confidence and shall not, at any time during or after the term of this Agreement, without Marketing One Group’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the information exchanged during the Service.
11.1 Period of Agreement & Notice of Termination
Either party may terminate this Agreement by giving each other 30 days’ written (or electronic mail) notice after the expiry of the Minimum Term from the Agreement Date.
11.2 Termination for Cause
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
Any non-cancelable materials, services, etc., Marketing One Group has properly committed itself to purchase for the Client’s account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by the Client, in accordance with the provisions of this Agreement. Marketing One Group agrees to use the best efforts to minimise such liabilities immediately upon written notification from the Client. Marketing One Group will provide written proof, upon request of the Client, that any such materials and services are non-cancelable.
11.3 Materials Unpaid For
If upon termination there exist any materials furnished by Marketing One Group or any services performed by Marketing One Group for which the Client has not paid Marketing One Group in full, until such time as the Client has paid Marketing One Group in full, the Client agrees not to use any such materials, in whole or in part, or the product of such services.
11.4 Transfer of Materials
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the Client to Marketing One Group, Marketing One Group shall transfer, assign and make available to the Client all property and materials in its possession or control belonging to the Client. The Client agrees to pay for all costs associated with the transfer of materials.
11.5 Refund Policy & Consequential Loss
To the extent permitted by law and subject to any consumer guarantees the Client has under the Australia Consumer Law, the parties agree that neither party shall be liable to the other for or in relation to any consequential loss (which includes but is not limited to loss of profits, loss of revenue, loss of business opportunities, loss of anticipated business opportunities, loss of anticipated savings and damage to goodwill) which relate to the obligations of the parties or arising from a breach by either party under this agreement.
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
All notices addressed to Marketing One Group must be sent by electronic mail unless otherwise agreed upon by all parties in this Agreement.
A minimum notice period of 30 days applies items including but not limited to refunds, cancellations, revisions and alterations agreed upon by all parties in the Agreement.
Any dispute will be subject to the laws of Australia. In the event a dispute arises between the parties hereto, parties may opt to engage external dispute resolution and commercial mediation services such as (but not limited to) Australia Mediation Centre.
These Terms and Conditions are governed by the law in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia.
Both Client and Company must sign the Facebook Ads Management Agreement to accept and engage our Adwords Management Services