Terms of Business

Please Read These Terms And Conditions Of Use Carefully. Use Of This Site Indicates Agreement With Them.

By accessing or using the services of Digital Marketing Pty Ltd (ABN:74 660 250 911) on this https://www.d-m.com.au/ website (“this website”), you agree that you have read and understand this Agreement and all of its contents. Do not use this website unless you have read these terms of use, and accept that they will govern your right to use and access this website and all the videos, images, documents, links and information contained on it. By using this website, you signify your continued acceptance of these terms of use.

These terms and conditions govern the use of services provided by Digital Marketing Pty Ltd (ABN: 74 660 250 911) and apply to all work conducted by the Company. By engaging Digital Marketing Pty Ltd for services, the Client accepts and agrees to these terms and conditions.

Definitions:

a). “Agreement” means the terms and conditions as outlined within this document

b). “Client” means the person and/or company and/or business engaging these Services

c). “Company” means Digital Marketing Pty Ltd (ABN: 74 660 250 911)

Your Privacy

Digital Marketing Pty Ltd is committed to protecting your privacy. Digital Marketing Pty Ltd is bound by the Privacy Act 1988 (Commonwealth) (“Privacy Act”) and will protect your personal information in accordance with the Australian Privacy Principles. These principles govern how Digital Marketing Pty Ltd can collect, use, disclose, and hold your personal information as well as ensuring the quality and security of your personal information. Please read our separate Privacy Policy information carefully for further information.

Intellectual Property

The Client acknowledges that all intellectual property rights, including copyright, trademarks, patents, and designs, in any work created by Digital Marketing Pty Ltd, remain the property of the Company. The Client agrees not to use or reproduce any such intellectual property without the express written consent of Digital Marketing Pty Ltd.

Confidentiality

Digital Marketing Pty Ltd agrees to maintain the confidentiality of all information received from the Client in connection with the provision of Services. The Client agrees to maintain the confidentiality of all information received from Digital Marketing Pty Ltd in connection with the provision of Services.

Payment

The Client agrees to pay the Company for the Services in accordance with the payment terms set out in each service agreement. The Company reserves the right to modify its fees and payment terms at any time, upon notice to the Client. In the event that payment is not received by the due date, the Company reserves the right to suspend or terminate the Services.

Termination

Either party may terminate the Agreement by giving written notice of termination to the other party. Digital Marketing Pty Ltd reserves the right to terminate the Agreement at any time due to non-payment of fees or breach of these terms and conditions by the Client.

Limitation of Liability

The liability of Digital Marketing Pty Ltd to the Client, whether in contract, tort, or otherwise, is limited to the amount paid by the Client for the Services. The Company shall not be liable for any indirect or consequential loss, including but not limited to loss of profits or revenue.

Indemnification

The Client agrees to indemnify and hold Digital Marketing Pty Ltd, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, losses, expenses, damages, and liabilities, including reasonable attorneys’ fees, arising from or related to:

(a) any breach by the Client of its obligations under this Agreement, including without limitation any violation of applicable laws or regulations;

(b) any negligent or willful act or omission of the Client, its employees or agents;

(c) any infringement or violation of any intellectual property right or proprietary right of any third party arising from the Client’s use of the Services; or

(d) any claim that the content or materials provided by the Client or its agents for use in connection with the Services infringes any intellectual property rights of any third party.

The Client shall not enter into any settlement or compromise of any such claim without Digital Marketing Pty Ltd’s prior written consent, which shall not be unreasonably withheld or delayed.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state or territory in which Digital Marketing Pty Ltd operates.

Errors And Omissions

Digital Marketing Pty Ltd is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.

Digital Marketing Pty Ltd is not responsible for the contents or accuracy of this material, and the opinions expressed in the material should not be taken as recommendations or opinions from us. It is an essential pre-condition to you using this website that you agree and accept that Digital Marketing Pty Ltd is not legally responsible for any loss of damage you might suffer related to your use of this website, howsoever arising. Your use of this website is at your own risk.

Links To Other Websites And Information

You agree to use and link to this website at your own risk. Digital Marketing Pty Ltd will not be liable for any loss or damage from any cause (including negligence) to your system or website caused by or in connection with the use of or a link to this website. Any such loss or damage will be your responsibility.

The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us. Digital Marketing Pty Ltd is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise.

Digital Marketing Pty Ltd does not make any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party.

Amendments

Digital Marketing Pty Ltd reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should, therefore, check these terms every time you use the website and only if you accept these terms should you proceed to access and use the documents on the website.

Services

The Client acknowledges that Digital Marketing Pty Ltd may engage the services of third-party contractors to fulfill certain services.

Website Design

Digital Marketing Pty Ltd provides website design and development services from time to time.

The Company reserves full ownership of website files until final payment is received.

The Company reserves the right to cancel website design and development services at any time due to Client difficulty.

The Company requires all website information, such as content and imagery, within 5 business days of engaging the Company for website design and development Services.

Digital Marketing Pty Ltd will produce example content writing across all websites, however, it will be the Client who is responsible for providing unique content for their website.

SEO

If engaged for SEO services, Digital Marketing Pty Ltd agrees to provide SEO services as outlined in the individual package level.

The Company requires access to the website’s CMS, cPanel, FTP, and hosting accounts to provide comprehensive SEO services.

The Company reserves the right to conduct SEO services in line with the Company’s own best practices.

Digital Marketing Pty Ltd reserves the right to publish website content as deemed necessary within the SEO campaign parameters.

The Company requires payment information, held on file, to charge the Client at the commencement of each month for their SEO services. Payment is required 1 month in advance across all SEO services conducted by the Company.

The Company requires a 30-day written notice of Cancellation of Services.

Digital Marketing Pty Ltd agrees to work for a minimum 30-day period for free if the Client’s SEO milestones are not met within the agreed period.

Social Media Marketing

Digital Marketing Pty Ltd provides social media marketing services to clients, including the creation and management of social media accounts, development of social media strategies, and execution of social media campaigns.

The Company will use best practices to develop and execute the social media campaigns, including creating compelling content, targeting the appropriate audience, and monitoring and analyzing campaign performance.

The Company will require access to the client’s social media accounts and other necessary information to effectively manage and execute the social media campaigns.

The Company requires payment information, held on file, to charge the Client at the commencement of each month for their social media marketing services. Payment is required 1 month in advance for all services conducted by the Company.

The Company requires a 30-day written notice of cancellation of services.

Website Hosting:

The Company utilises an Australian hosting partner to manage their website hosting Servers.

Digital Marketing Pty Ltd reserves the right to deny any third-party access to the website CMS, cPanel, FTP, or hosting account while housed on the Company’s Server.

The Company requires payment 1 month in advance for all website hosting services.

In the event of a website migration being required, the Company invoices a migration and exit fee equivalent to 12 months of hosting to migrate the clients website.

The Company requires a 30-day written notice of Cancellation of Services.

Google Ads and Meta Ads

Digital Marketing Pty Ltd may provide Google Ads and Meta Ads services to clients as part of our digital marketing offerings. We will work with the client to develop and manage Google Ads and Meta Ads campaigns, and we will monitor and optimize those campaigns on an ongoing basis to ensure their effectiveness.

The client agrees to provide us with access to their Google Ads and Meta Ads accounts or to create a new account if necessary. The client also agrees to pay all Google Ads and Meta Ads fees directly to Google or any other relevant third-party platform.

Digital Marketing Pty Ltd will not be liable for any losses or damages incurred by the client as a result of Google Ads or Meta Ads campaigns. The client acknowledges that the effectiveness of these campaigns is subject to factors outside of our control, such as changes to search algorithms, search engine policies, and competitor activity.

The client may terminate our Google Ads and Meta Ads services at any time by providing us with written notice. Any fees paid for services rendered prior to the termination date are non-refundable.

Media Production

Digital Marketing Pty Ltd provides media production services including but not limited to video production, audio production, and photography.

All media production services require a 50% deposit upon booking, with the remaining balance due upon completion of the project. The Company reserves the right to retain all media production rights until the balance is paid in full.

The Client agrees to indemnify and hold harmless Digital Marketing Pty Ltd from any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, arising out of or resulting from any and all media production services provided to the Client.

The Client agrees to provide all necessary information, content, and access to locations as required for the media production services. Any additional costs incurred by the Company for materials or equipment required for the media production services will be invoiced to the Client.

The Company reserves the right to use any media production work for promotional purposes, including but not limited to, use on the Company’s website, social media platforms, and marketing materials. The Client may request in writing that their media production work not be used for promotional purposes, and the Company will comply with such requests where possible.

The Company will provide the Client with an estimated project completion time for media production services. However, unforeseen circumstances such as weather or equipment failure may cause delays, and the Company is not responsible for any damages arising from such delays.

Website Maintenance

Digital Marketing Pty Ltd offers website maintenance services to keep your website up-to-date and running smoothly. Our maintenance services include regular updates to website content, software, and security to ensure optimal performance and protection against potential threats.

Our website maintenance services are provided on a monthly basis, and payment is required in advance. If additional work is required beyond the scope of our standard maintenance services, we will provide a separate quote for the work to be carried out.

The Company requires access to the website’s cPanel, FTP, and hosting accounts to provide comprehensive website maintenance services. We also require a 30-day written notice of cancellation of services.

Please note that while we take every precaution to ensure that your website remains secure and operational, Digital Marketing Pty Ltd is not responsible for any loss of data or damage to your website that may occur as a result of third-party actions, including hacking, malware, or other malicious activity. We highly recommend that our clients take regular backups of their website to minimize the risk of data loss or corruption.