As at 1 January 2018

Web Development & Maintenance

By agreeing to proceed with a website design package or project, you accept that this forms a contract with Ranking Australia (ABN: 20 233 157 496) and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you receive from Ranking Australia.

 

SECTION 1 – DEFINITIONS

  1. WEBSITE MAINTENANCE: This includes any updates or changes to the website after deployment date.
  2. WEBSITE SUPPORT: This is any assistance provided directly to the customer or client, whether by phone during or email, to which response from Ranking Australia representative, will be during business hours only, 9:00 AM – 5:00PM, Monday to Friday.
  3. WEBSITE MAINTENANCE & SUPPORT FEES: This is the amount that is required in advance (1 month) for services to assist with using the website, and minor adjustments. This amount is determined upon the signing of this contract. This is subject to change, and additional support/management time will be billed to the client immediately.
  4. PRE-COMPLETION CANCELLATION FEES: if services are cancelled prior completion of a website project, fees may apply (see Section 3.3-3.5).
  5. POST-PROJECT CANCELLATION FEES: if services are cancelled after completion of a website project and before the first 12 months from signing this agreement, a fee is payable upon written request for cancellation (see Section 3.9).
  6. DEPLOYMENT: This is when the website is officially published online, and live on the web.
  7. WEBSITE PLUGINS: These are WordPress enhancements to websites created using Wordpress.
  8. THIRD PARTY PROVIDER: The providers of Hosting, Domains, Other products and services not directly provided by Ranking Australia that will host/accommodate website(s) created.
  9. WESBITE TRANSFER: any website that is moved from its current hosting provider to a Third Party Web Hosting Provider specified by the client’s account manager at Ranking Australia.
  10. AGREEMENT, TERMS AND CONDITIONS means your agreement with us as contained in this document (as may be modified from time to time).
  11. GOOGLE / GOOGLE ADWORDS / SEARCH ENGINE means Google and Google AdWords except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
  12. I, YOU, YOUR, CUSTOMER, CLIENT, or ACCOUNT HOLDER: means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
  13. WE: refers Katrina Puranik & the Entity: RANKING AUSTRALIA.
  14. DESIGN PRICE: This is the set cost of the design and development of a website.
  15. Website Completion: This is when Ranking Australia has determined the website as complete and functional as per the design brief.
  16. DESIGN BRIEF: Requirements set out by the client.
  17. INVOICE: The charges for Services & Products solicited from Ranking Australia.

SECTION 2 – FINANCIAL ARRANGEMENTS

  1. RANKING AUSTRALIA services are provided at the agreed rate. Unless otherwise agreed, website design packages include website design and build (see package variations).
  2. Basic packages require full payment in advance by either credit card or EFT prior to commencement.
  3. Payment of 50% of total cost of non-basic packages are required in advance, this is non-refundable. The remainder is due on completion of the website. You will be notified via email.
  4. Balances will be automatically processed (if paid by credit card and unless otherwise advised), upon completion of your website.
  5. For payment by EFT, the full invoice amount is due prior to commencement of your project.
  6. Failure to make complete payments may result in your web services, which may include but not limited to Website Hosting, Support, Emails, etc.
  7. Additional extras such as graphic design work, layout changes, extra website add-ins, additional functionality items etc. must be paid in full by either credit card or EFT, prior to commencement of work.
  8. All invoices and receipts are sent via email.
  9. The ‘Website Maintenance & Support’ provided free with the website packages for the duration of development, but limited to a maximum of 1 Month for a Basic Website, 3 Months for a Business Website, and Maximum 6 Months for Corporate Website. Please note that as soon as the final payment is due, at which point the client specified in the agreement will be issued with an invoice, the “free” maintenance and support will cease, unless a ‘Website Maintenance & Support’ fee is paid monthly in advance.
  10. Design Prices for website design projects at the time of this agreement are fixed for the services and products delivered, unless the client decides that they wish to upgrade the project requirements.
  11. The Design Price agreed to by all parties on this agreement cannot be lowered. But it can increase if the client wishes to upgrade the project.
  12. In the event of an upgrade, the client will be issued an Invoice to pay the remainder of the required deposit to facilitate these adjustments, prior to completion of the website. This will be issued via email, and immediate payment is required to continue the project. The final payment will be adjusted to accommodate the upgrade; this Invoice will be presented on completion of the website as previously stated (Section 2.3).
  13. The Design Price for a website cannot be lowered, after the signing of this agreement.
  14. ‘Website Maintenance & Support’ Fees are subject to change – prior notice will be sent via email to the client.
  15. ‘Website Maintenance & Support’ Fees cover for set number of hours set in this agreement, if there is more time spent, the client will be charged an excess $100 per hour, this will be added to the monthly invoice.
  16. Upon signing this agreement, the client is aware that all payments required will be notified via email.
  17. If any additional fees apply other than the ones stated in the total for the project, and if Website Maintenance and Support is required, the Client will receive notice via email, prior to commencement or implementation of the additional products and services.

 

SECTION 3 – CANCELLATION & REFUNDS

  1. All deposits received are non-refundable.
  2. Customer cancellation of any RANKING AUSTRALIA services at any stage must be notified in writing via email.
  3. If a basic website project is cancelled by the client to completion – All deposits are non-refundable.
  4. If a business website project is cancelled to completion – $1500 Pre-Completion Cancellation Fee per month from date of signing this agreement applies (to compensate for Ranking Australia resources used).
  5. If a corporate or e-commerce website project is cancelled prior to completion – $1000 Pre-Completion Cancellation Fee per month from date of signing this agreement applies (to compensate for Ranking Australia resources used).
  6. Any outstanding balances remain payable regardless of the stage of design or production of the project.
  7. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
  8. This agreement is a binding contract for 12 months – after which you can terminate services provided with 30 days’ notice. If you cancel after a payment has been made, the services will continue until that month has expired.
  9. If this website agreement is cancelled prior to twelve months of serviced from the date of signing, but after the completion of the project there will be a Post-Project Cancellation Fee of $150.
  10. There are no cancellation fees after the first 12 months.
  11. Upfront payments received for ‘Website Maintenance & Support’ are non-refundable.
  12. ‘Website Maintenance & Support’ will continue until the date of expiry or cancellation of services.
  13. RANKING AUSTRALIA does not offer refund for server, service or software interruptions.
  14. Written request via email to: support@rankingaustralia.com.au for cancellation must be emailed directly, stating the dates, name of client, and the domain that the Projects / Services are being cancelled.
  15. All domain registrations are the responsibility of the client, they will need to submit a cancellation to the Third Party Hosting company to discontinue the domain registration in order to suspend the automatic renewal fees.
  16. Unless hosting is being provided by Ranking Australia, the client is responsible for the cancellation of the hosting services through their Third Party Provider, in order to cease the automatic renewals fees.

 

SECTION 4 – GENERAL

  1. Although RANKING AUSTRALIA endeavour to complete every project on time or sooner, RANKING AUSTRALIA cannot be held responsible for the delay in the design or development of any website design package.
  2. RANKING AUSTRALIA reserves the right to suspend or cancel a customer’s access to any or all services provided by RANKING AUSTRALIA, at its discretion, if the account has been inappropriately used or otherwise abused.
  3. Individual accounts are for the intended use of the account holder only.
  4. RANKING AUSTRALIA does not provide services to, and reserves the right to withdraw any services or products immediately without refund, if there is any sign that your company or its employees promotes, or implies involvement in any way with any of the following: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of RANKING AUSTRALIA. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
  5. Unless otherwise agreed all websites created by RANKING AUSTRALIA will have a discreetly placed ‘Web Design by RANKING AUSTRALIA’ or similar, with a link back to the Ranking Australia website.
  6. RANKING AUSTRALIA does not control or monitor the interaction between your website and its visitors.
  7. For security reasons, CPanel access cannot be given to any RANKING AUSTRALIA customers as recent case studies have shown that clients care capable of:
  • Accidentally mismanaged theme options, resetting the theme or causing PHP errors
  • Added insecure, outdated or conflicting plugins
  • Removed core plugins necessary for their website to function according to scope which are
  • premium plugins not available through the WP.org plugins repo
  • Installed various redundant backup plugins and quickly exceed allocated disk space
  • Provided them to third-party companies who then compromise their login details, resulting in malware or malicious software being installed on the account
  1. RANKING AUSTRALIA builds all new websites through third party web hosting providers using the supported technologies available.
  2. For all websites built pre-2016, RANKING AUSTRALIA is not responsible for installing/updating to future versions of WordPress. Any request for installing and updating websites is chargeable at our normal hourly rate of $100/hour.
  3. Websites developed from 2016 onwards are automatically updated to the latest WordPress version as and when they are available. This is a ‘Website Maintenance’ inclusion – see WEBSITE MAINTENANCE below for more information.
  4. RANKING AUSTRALIA does not provide ‘Top Level’ admin access to any website unless the client agrees to acknowledge (as a reply to a disclaimer email from the support team) that any requests to rectify any errors arising after access is seen as troubleshooting by our developers and an hourly rate of $100/hour will apply.

 

SECTION 5 – COMPROMISED OR HACKED WEBSITES

  1. Although unlikely, any website can be vulnerable to a “hack” or malicious activity.
  2. In the unlikely event of a hack to a client website, RANKING AUSTRALIA can investigate and look to reinstate your site from a backup version, if available. A fee of $100 is chargeable for this.
  3. If a hacked website has been reinstated or updated by RANKING AUSTRALIA, there are no guarantee the website will not be hacked again.
  4. In the event of a further “hack” or any malicious activity to your website, that site may be suspended (at server level) so as not to further compromise any other website on the same server.
  5. RANKING AUSTRALIA is providing a web design service for a competitive price. RANKING AUSTRALIA is not insuring or underwriting your chosen business model. You acknowledge that services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:
  1. RANKING AUSTRALIA will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
  2. The maximum liability of RANKING AUSTRALIA to you is the lesser of:
  3. The sum of Set-up and Management Fees you have paid to RANKING AUSTRALIA, or
  4. The cost of re-supplying the website services ; or
  • The cost of rectifying the website problem which has caused your loss.
  1. RANKING AUSTRALIA will offer all existing clients a heavy discount to re-build the website on a new server platform from 50% of original cost depending on package that was originally acquired.

 

SECTION 6 – WEBSITE DESIGN

  1. Please refer to https://rankingaustralia.com.au  for the variations in each website design package.
  2. All websites designed that are hosted for 12months, and are automatically renewed, free of charge.
  3. RANKING AUSTRALIA websites are predominantly client-managed and RANKING AUSTRALIA is not responsible for any copy, editing or updating of your website content unless this service has been paid for.
  4. Ranking Australia can provide ‘Website Maintenance & Support’ After completion of the project if requested on the signing of after the completion of this project, once the ‘Website Maintenance & Support’ fees are paid in advance.
  5. After ‘sign-off’ of a website design concept, any amendments from that point onwards, will be subject to additional design fees.
  6. With the exception of the Basic web design package, websites will be delivered with the ‘home’ and ‘contact’ page content upload included in the package price, providing it is supplied within 4 weeks of your order or when the website is complete (whichever is the sooner).
  7. RANKING AUSTRALIA will not place any additional content to your website other than mentioned above unless otherwise agreed in writing or included in a quote.
  8. Website images must be provided by the client. Otherwise images will be sourced from “free for commercial use” image libraries online – options are limited by what is available.
  9. A website will only go ‘live’ after any outstanding balance has been received and the advance payments for the ‘Website Maintenance & Support’ has been completed.
  10. Each package which includes corporate branding, which includes ‘logo design’, it is standard practice for RANKING AUSTRALIA to complete the logo design before commencing the website design.
  11. For all e-Commerce website design packages, as per your quote, it is a requirement that the payment for monthly ‘Website Maintenance & Support’ be paid in full, on completion of the project. Failure to pay any monthly fees for an e-Commerce website could result in your website being suspended until all outstanding payments are received.
  12. E-Commerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
  13. Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. This means that the website project will be the same, but it will respond to tablet and smartphone devices. Customisation is available at an extra cost following instruction from a brief provided by the client.
  14. Ranking Australia uses the latest versions of Wordpress, HTML, CSS, and Wordpress Plugins, which could at times have limitations for devices that aren’t regularly updated.
  15. While Ranking Australia endeavours to make all the features responsive to every Operating System, and Device, there will always be limitations due to lack of updates of the end-user/consumer on their devices. This could cause a lack of functionality or optimal display of the website.

 

SECTION 7 – WEBSITE MAINTENANCE, SUPPORT, and UPDATES:

  1. Website plugins purchased pre or post sale are installed on your website on a basic level i.e. RANKING AUSTRALIA provide a basic set up of information sufficient for the plugin to function on the website.
  2. Beyond the basic level of set up, additional fees apply for customisation of that same plugin.
  3. After basic installation and any customisation of a plugin, will be included in the Website Maintenance and Support Fees monthly support fee will apply at an agreed rate from RANKING AUSTRALIA as the service is requested or upon signing of this agreement.
  4. If a client opts not to pay for support for a plugin, any queries, questions, alterations, updates, amendments or similar, will become a paid service from RANKING AUSTRALIA and charged in minimum 30 minute blocks.
  5. RANKING AUSTRALIA builds all sites with the latest version of plugins. Updating versions of any plugin, website features or content is subject to a minimum charge of $100+GST per hour plus any additional time spent on reconfiguration, customisation and testing. UNLESS, the client has Website Maintenance and Support Services, and the time spent doesn’t exceed the monthly allowance set during the signing of this agreement.
  6. Plugins will generally be free, if the situation arises that plugins need to be paid for, the client is responsible for these charges, and payment must be via credit card. Prior notice will be provided via email to the client, unless in the case the client is aware, then they will receive a notice of payments required for the plugins, that will be charged to their credit card, automatically (please see Section 2 for more details).
  7. In almost all cases, plugins have an annual renewal which must be paid by the client for the plugin to remain 100% functional on the website.
  8. Requests for additional plugins must be researched by the client to ensure the functionality is what they are after. Due to the hundreds of Website Plugins, RANKING AUSTRALIA may not be familiar with the functionality of them all and cannot support them. Any plugin support a client needs will be through direct contact with the plugin developer and or their support team.
  9. If a client would like RANKING AUSTRALIA to install a new element or web plugin, the client must purchase it from the plugin website (unless it is free), and send the plugin zip file to us, or we can develop it. RANKING AUSTRALIA standard development fee of $100 +GST, per hour of design or per plugin, will apply to install, activate and test the plugin.
  10. Websites will be hosted by a Third Party Provider, aligned with RANKING AUSTRALIA, see pricing information for details.
  11. Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by RANKING AUSTRALIA.
  12. RANKING AUSTRALIA cannot give a 100% guarantee that there will be any hosting interruptions or downtime from its hosting supplier and shall endeavour to inform via email of any scheduled updates or maintenance.
  13. Where RANKING AUSTRALIA are designing, and developing a website, but not providing web hosting (RANKING AUSTRALIA must know this prior to design and development), RANKING AUSTRALIA will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host.
  14. RANKING AUSTRALIA will not be responsible for the installation of the website on alternative hosting.
  15. On a ‘fee per service’ basis, RANKING AUSTRALIA can continue to support your website if it is not hosted by RANKING AUSTRALIA’s preferred hosting provider.
  16. The ‘Website Maintenance & Support’ for your website begins the day RANKING AUSTRALIA begin ‘developing’ your website.
  17. All fees paid for ‘Website Maintenance & Support’ are non-refundable.
  18. RANKING AUSTRALIA provides support 9am-5pm, Business Hours only, support for all of its clients – support@rankingaustralia.com.au . All queries or questions should be directed through this email. Support emails are answered within during normal business hours AEST.
  19. The customer agrees that it is not the responsibility of RANKING AUSTRALIA to provide knowledge or support outside of the defined service of the RANKING AUSTRALIA website design packages.
  20. All support requests must be submitted via email.
  21. Fees for ongoing ‘Website Maintenance & Support’, are separate to hosting, design, online advertising or web presence fees. The fees for support has no renewal costs applied.
  22. All ‘Website Maintenance & Support’ services are provided month by month, and fees must be paid one month in advance at all times. Late fees are charged at 10% of the monthly rate for services.
  23. All forms of support are subject to ‘fair use’ time limitations of 8 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our current rate of $100 per hour.
  24. If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client (client must make this request – via email), RANKING AUSTRALIA can only provide ‘basic’ (non-technical) CMS support for that website.
  25. RANKING AUSTRALIA cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website or its contents by RANKING AUSTRALIA will be subject to a formal quote to reinstate the original website install (if possible).

 

SECTION 9 – DOMAIN REGISTRATION & WEB HOSTING

  1. The client is responsible for payments, design, articulation and approval of the domain name and its registration, and its Hosting Services.
  2. Ranking Australia can assist in this process, if so, the Domains and Hosting must be purchased through Ranking Australia’s online store – please see our website for details.
  3. RANKING AUSTRALIA cannot guarantee a requested domain name will be available.
  4. If you do not have an ABN or ACN, RANKING AUSTRALIA will not be able to provide you with a domain until you apply.
  5. Domain Name Registration Fees, Hosting Fees are separate to the Ranking Australia’s Website Design Package Fees.
  6. If RANKING AUSTRALIA register a domain name, it remains the property of the entity (ABN or ACN) used at registration.

 

SECTION 10 – WEBSITE TRANSFER

  1. If a website transfer is agreed, RANKING AUSTRALIA will prepare a set of files containing the contents of your website, upon receipt of Cancellation Fees (as mentioned in Section 3)
  2. No responsibility can be taken by RANKING AUSTRALIA for website or email disruption during any part of the transfer process.
  3. The Website Maintenance and Support can continue at the new ‘hosting’ provider, at a 25% increase in support fees.
  4. If you have a pre-existing website and hosting with emails, we recommend you take a copy of all emails from your existing host up to the point of transfer of hosting platform. As we cannot guarantee they will be transferred across, as we have no control over the assets of any third party organisation.
  5. RANKING AUSTRALIA cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (Hotmail, Gmail, MS Outlook or similar), be set up during that same time.

 

SECTION 11 – DISCLAIMER

  1. RANKING AUSTRALIA shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
  2. RANKING AUSTRALIA cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
  3. RANKING AUSTRALIA makes no representations, warranties or assurances that the customer’s equipment will be compatible with the RANKING AUSTRALIA service.

 

SECTION 12 – TRADEMARKS & COPYRIGHTS

  1. The design of your website (the look and feel) is under copyright and license from RANKING AUSTRALIA for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
  2. The customer warrants that it has the right to use any applicable trademarks on their website.

 

SECTION 13 – LAWFUL PURPOSE

  1. The Customer may only use RANKING AUSTRALIA websites for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

 

SECTION 14 – ACCEPTABLE USE POLICY

  1. We offer several features of our web design services in a manner, which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
  2. Website Design Revisions – We consider up to eight revisions as acceptable use, it is rare for a customer to require more than four.
  3. Number of Pages – There is no limit other than the customer’s ability to create and manage them, extra pages to manage may incur additional Website Maintenance and Support Fees.
  4. Email Addresses – We consider acceptable use for Platinum and eCommerce websites to be up to 5 email accounts per domain and 15 alias addresses (i.e. email addresses that forward to others) and 3 email accounts for all other packages.
  5. Website Hosting – We consider acceptable use to be less than 1 GB of storage space (over 20 times the average client’s use) and 5 GB of bandwidth per month (nearly 40 times the average client’s use). Additional space can be purchased should it be required.
  6. Support – All support must be requested as an email to our support staff. Telephone support is only offered to Platinum and eCommerce packages. Telephone support must be requested via email for a support member to allocated a time and research the request/question prior to the call.

 

SECTION 15 – LIMITED LIABILITY

  1. RANKING AUSTRALIA does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the RANKING AUSTRALIA servers, unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall RANKING AUSTRALIA, its officers, agents or anyone else involved in creating, producing or distributing RANKING AUSTRALIA web design services be liable for any damages that result from the use of, or inability to use the RANKING AUSTRALIA service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to RANKING AUSTRALIA’s records, programs or services.
  3. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.

 

SECTION 16 – GOVERNING LAWS

  1. This agreement shall be governed in all respects by the laws of Queensland, Australia. The parties irrevocably submit to the jurisdiction of the courts of Queensland, Australia.

 

SECTION 17 – SEVERABILITY

  1. Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

 

SECTION 18 – CONTRACT REVISIONS

  1. Revisions will be considered agreed to by the customer as specified in Section I. Financial Arrangements.
  2. This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.

These terms and conditions should be read in conjunction with any quotes for your RANKING AUSTRALIA design package.

SECTION 19 – DECLARATION & ACKNOWLEDGEMENT

  1. Upon signing the SERVICE AGREEMENT FORM, the client declares that they have read and agree to the all of the above terms and conditions and understand the conditions of service provided by RANKING AUSTRALIA. Commencement of the services, products described and solicited from RANKING AUSTRALIA begin from the dates signed. The service agreement is effective as of the date specified in the SERVICE AGREEMENT FORM, and as specified in this form. Any changes to this needs a new form completed, which supersedes the previous agreement.

SOCIAL MEDIA SERVICES

In this Agreement, the following words have their corresponding meanings:

SECTION 1 – DEFINITIONS:

  1. SOCIAL MEDIA CARE PLAN or SOCIAL MEDIA MANAGEMENT: This includes any updates or changes to your SOCIAL MEDIA Account after initial setup date, to which the client or customer is notified via email from Ranking Australia on the day the account is created.
  2. SOCIAL MEDIA SUPPORT: This is any assistance provided directly to the customer or client, whether by phone during or email, to which response from Ranking Australia representative, will be during business hours only, 9:00 AM – 5:00PM, Monday to Friday.
  3. SOCIAL MEDIA LOGIN DETAILS: This is the SOCIAL MEDIA Account that is linked to an existing email account, or one that has been set up purely for this SOCIAL MEDIA Account, if the client or customer specified in this agreement doesn’t have one, a Gmail account will be created by Ranking Australia for the purposes of set-up, and management of SOCIAL MEDIA.
  4. AGREEMENT, TERMS AND CONDITIONS means your agreement with us as contained in this document (as may be modified from time to time).
  5. FACEBOOK / TWITTER / GOOGLE+ or OTHER SOCIAL MEDIA: All specified, created SOCIAL MEDIA Profiles to extent that you have specifically instructed us (and we have agreed to) manage your account in relation to marketing your business on SOCIAL MEDIA.
  6. AD SPEND: This is the budget you, your company, is prepared to spend each month to for Ranking Australia to advertise your business, company on SOCIAL MEDIA NETWORKS.
  7. I, YOU, YOUR, CUSTOMER, CLIENT, or ACCOUNT HOLDER: means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
  8. WE: refers Katrina Puranik & the Entity: RANKING AUSTRALIA.

 SECTION 2 – PAYMENT TERMS:

  1. The Initial Monthly Fee is payable in full before the setup of your SOCIAL MEDIA accounts will begin.
  2. The Management Fee for your SOCIAL MEDIA accounts will be charged in advance on a monthly basis.
  3. RANKING AUSTRALIA will automatically debit your supplied credit card (MasterCard or Visa Card) for the SOCIAL MEDIA management fee agreed on.
  4. RANKING AUSTRALIA reserves the right to stop managing your SOCIAL MEDIA accounts and terminate this Agreement at any time by written (or email) notice to you. If this occurs your RANKING AUSTRALIA monthly management fee will stop immediately and no further payments will be charged.
  5. If you wish to suspend or cancel your RANKING AUSTRALIA management of your SOCIAL MEDIA accounts at any time then please let us know by email.
  6. Upon cancelling RANKING AUSTRALIA management, all amounts owing to RANKING AUSTRALIA will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
  7. All prices quoted are in Australian dollars, and subject to change, notifications will be sent out via email at least 30 days in advance.
  8. RANKING AUSTRALIA reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 30 days.
  9. The AD SPEND is separate to Ranking Australia’s SOCIAL MEDIA Management Fees. And is charged directly to the client’s or account holder’s credit card that is provide on this agreement.

SECTION 3 – GENERAL TERMS & CONDITIONS:

Whilst RANKING AUSTRALIA is managing your SOCIAL MEDIA accounts the following terms and conditions apply:

  1. By entering this Agreement with RANKING AUSTRALIA, you give us permission to access your SOCIAL MEDIA accounts or create one or more as specified in this agreement, for the purposes of optimisation and management of marketing your business online.
  2. The account holder, will be provided with access to the SOCIAL MEDIA accounts, or administration access will be provided to an existing community/business listing to implement SOCIAL MEDIA Management Services.
  3. RANKING AUSTRALIA will endeavour to set up your SOCIAL MEDIA accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new accounts.
  4. This agreement is for 12 months of SOCIAL MEDIA management services, and all prices are inclusive of GST.
  5. Minimum term of services provided will be three months, this will continue until the account is terminated.
  6. Accounts are automatically renewed at least 30 days prior to the end of this agreement.
  7. If you decide to cancel our management services with us you will need to pay out your contract with us within 60 days and if you are already out of contract then we require 30 days’ notice in writing to cancel, email to support@rankingaustralia.com.au .
  8. If this agreement is cancelled within the first 3 months of the date this agreement is made, the remainder of the set-up fees must be paid, (minimum set-up fee starts at $1500). The remainder of this amount will be charged to the specified credit card, and services will be provided until the end of this term, unless otherwise requested.
  9. Any cancellations after the monthly payment period are non-refundable, and services will cease at the end of the month for which services have been paid.
  10. No cancellation fees will be charged after the initial three months of this agreement.
  11. All prices are subject to change, but not within the first 3 months of services provided. You will be notified via email of any changes.
  12. RANKING AUSTRALIA management (with RANKING AUSTRALIA management fees) is a separate service from the “advertising budget” fees that the SOCIAL MEDIA NETWORKS (i.e. Facebook, Gumtree) will charge you.
  13. If you, the client, cancels this agreement. Cancellation of SOCIAL MEDIA management services provided by Ranking Australia does not automatically stop your SOCIAL MEDIA advertising from running and incurring fees.
  14. Ranking Australia will endeavour to cancel any campaigns at the client’s written request – via email support@rankingaustralia.com.au . But RANKING AUSTRALIA will not be liable for any amounts that the SOCIAL MEDIA NETWORKS charge you following the cancellation of this agreement and its services provided by Ranking Australia. If you wish to cease advertising online at the same time that you cancel your RANKING AUSTRALIA management, please notify us in writing so that we can cancel your Google AdWords online advertising as well. Alternatively, you may choose to directly access your own Google AdWords account to arrange cancellation.
  15. For clarity, please note that:
  16. RANKING AUSTRALIA is not Google, Google AdWords, Facebook, Gumtree, Twitter, Pinterest, Yahoo, True Local, or other SOCIAL MEDIA Networks, or Advertising Websites;
  17. RANKING AUSTRALIA is a separate entity from the companies mentioned above in SECTION 3.15.a.
  18. RANKING AUSTRALIA will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to SOCIAL MEDIA advertising/marketing. Unless specifically stated to the contrary in this Agreement, RANKING AUSTRALIA do not guarantee any particular rate of return or performance of any online advertising on SOCIAL MEDIA (including but not limited to any particular posts, ad campaigns, sharing, no. of likes, etc.). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your SOCIAL MEDIA account for your business and/or websites.
  19. The customer or client may need to provide Ranking Australia with Administrative Access or Development Access to your website, this will need to be provided before initial set-up of the SOCIAL MEDIA Accounts.
  20. While Ranking Australia will take every care to be mindful of the “Source Code” and Initial state of the site upon entering the website with Admin Access, Ranking Australia cannot be held accountable for any disruptions to the website, or changes in over appearance of the website.
  21. RANKING AUSTRALIA is providing an internet marketing service for a competitive price. RANKING AUSTRALIA is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:
  22. RANKING AUSTRALIA will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
  23. The maximum liability of RANKING AUSTRALIA to you is the lesser of:
  24. The sum of Set-up and Management Fees you have paid to RANKING AUSTRALIA, or
  25. The cost of re-supplying the online advertising services ; or
  • The cost of rectifying the online advertising problem which has caused your loss.
  1. These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
  2. These Terms and Conditions can be modified at any time by RANKING AUSTRALIA. You agree to continue to be bound by these Terms and Conditions as modified. We are happy to email a copy of these at your request.
  3. 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.

You warrant to us that you will use the services provided by RANKING AUSTRALIA under this Agreement for business purposes (and not predominantly personal, domestic or household use).

 

SECTION 19 – DECLARATION & ACKNOWLEDGEMENT

  1. Upon signing the SERVICE AGREEMENT FORM, the client declares that they have read and agree to the all of the above terms and conditions and understand the conditions of service provided by RANKING AUSTRALIA. Commencement of the services, products described and solicited from RANKING AUSTRALIA begin from the dates signed. The service agreement is effective as of the date specified in the SERVICE AGREEMENT FORM, and as specified in this form. Any changes to this needs a new form completed, which supersedes the previous agreement.

ADWORDS SERVICES

In this Agreement, the following words have their corresponding meanings:

SECTION 1 – DEFINITIONS:

  1. ADWORDS CARE PLAN or ADWORDS MANAGEMENT: This includes any updates or changes to your AdWords Account after initial setup date, to which the client or customer is notified via email from Ranking Australia on the day the account is created.
  2. ADWORDS SUPPORT: This is any assistance provided directly to the customer or client, whether by phone during or email, to which response from Ranking Australia representative, will be during business hours only, 9:00 AM – 5:00PM, Monday to Friday.
  3. GMAIL LOGIN DETAILS: This is the Gmail Account that is linked to an existing Google Business Listing, if the client or customer specified in this agreement doesn’t have one, a Gmail account will be created by Ranking Australia for the purposes of set-up, and management of AdWords.
  4. CODE: This refers to the files that “build” your website, and will be accessed by Ranking Australia for the purposes of adding Google Tracking.
  5. GOOGLE TRACKING: This refers to the use of Google Analytics Tracking, which is a snippet of code added to your website’s source code to enable website visitor data to be measured and used by Ranking Australia for reporting purposes, and to improve website performance.
  6. ADMIN ACCESS, ADMINISTRATIVE ACCESS or DEVELOPMENT ACCESS: Ranking Australia will need admin login details to the specified website development environment in order to set-up Google Tracking, for insights needed to complete monthly reports. This can be acquired by contacting your existing web hosting provider, the providers of webspace that will host/accommodate websites created in or transferred to.
  7. AGREEMENT, TERMS AND CONDITIONS means your agreement with us as contained in this document (as may be modified from time to time).
  8. AD SPEND: This is the budget you, your company, is prepared to spend each month to for Ranking Australia to advertise your business, company on Google AdWords.
  9. GOOGLE / GOOGLE ADWORDS / SEARCH ENGINE means Google and Google AdWords except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
  10. I, YOU, YOUR, CUSTOMER, CLIENT, or ACCOUNT HOLDER: means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
  11. WE: refers Katrina Puranik & the Entity: Ranking Australia.

 SECTION 2 – PAYMENT TERMS:

  1. The Initial Monthly Fee is payable in full before the setup of your Google AdWords accounts will begin.
  2. The Management Fee for your Google AdWords account will be charged in advance on a monthly basis.
  3. RANKING AUSTRALIA will automatically debit your supplied credit card (MasterCard or Visa Card) for the AdWords management fee agreed on.
  4. RANKING AUSTRALIA reserves the right to stop managing your Google AdWords account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your RANKING AUSTRALIA monthly management fee will stop immediately and no further payments will be charged.
  5. If you wish to suspend or cancel your RANKING AUSTRALIA management of your AdWords accounts at any time then please let us know by email.
  6. Upon cancelling RANKING AUSTRALIA management, all amounts owing to RANKING AUSTRALIA will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
  7. All prices quoted are in Australian dollars and are GST inclusive, and subject to change, notifications will be sent out via email at least 30 days in advance.
  8. RANKING AUSTRALIA reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 30 days.
  9. The AD SPEND is separate to Ranking Australia’s ADWORDS Management Fees. And is charged directly to the client’s or account holder’s credit card that is provide on this agreement.

SECTION 3 – GENERAL ADWORDS TERMS & CONDITIONS:

Whilst RANKING AUSTRALIA is managing your Google AdWords account the following terms and conditions apply:

  1. By entering this Agreement with RANKING AUSTRALIA, you give us permission to access your Google AdWords account or create one, for the purposes of optimisation and management of your online business.
  2. RANKING AUSTRALIA will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
  3. This agreement is for 12 months of AdWords management services, and all prices are inclusive of GST.
  4. Minimum term of services provided will be three months, this will continue until the account is terminated.
  5. Accounts are automatically renewed at least 30 days prior to the end of this agreement.
  6. If you decide to cancel our management services with us you will need to pay out your contract with us within 60 days and if you are already out of contract then we require 30 days’ notice in writing to cancel, email to support@rankingaustralia.com.au .
  7. If this agreement is cancelled within the first 3 months of the date this agreement is made, the remainder of the set-up fees must be paid, (minimum set-up fee $1500.00). The remainder of this amount will be charged to the specified credit card, and services will be provided until the end of this term, unless otherwise requested.
  8. Any cancellations after the monthly payment period are non-refundable, and services will cease at the end of the month for which services have been paid.
  9. No cancellation fees will be charged after the initial three months of this agreement.
  10. All prices are subject to change, but not within the first 3 months of services provided. You will be notified via email of any changes.
  11. RANKING AUSTRALIA management (with RANKING AUSTRALIA management fees) is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. RANKING AUSTRALIA will not be liable for any amounts that Google AdWords charges you following the cancellation of your management with RANKING AUSTRALIA. If you wish to cease advertising online at the same time that you cancel your RANKING AUSTRALIA management, please notify us in writing so that we can cancel your Google AdWords online advertising as well. Alternatively, you may choose to directly access your own Google AdWords account to arrange cancellation.
  12. For clarity, please note that:
  13. RANKING AUSTRALIA is not Google, Google AdWords, Facebook or Yahoo;
  14. RANKING AUSTRALIA is a separate entity from Google.
  15. RANKING AUSTRALIA will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, RANKING AUSTRALIA do not guarantee any particular rate of return or performance of any online advertising on Google AdWords (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords account for your business and/or websites.
  16. The customer or client will need to provide Ranking Australia with Administrative Access or Development Access to your website, this will need to be provided before initial set-up of the Google AdWords Account.
  17. While Ranking Australia will take every care to be mindful of the “Source Code” and Initial state of the site upon entering the website with Admin Access, Ranking Australia cannot be held accountable for any disruptions to the website, or changes in over appearance of the website.
  18. RANKING AUSTRALIA is providing an internet marketing service for a competitive price. RANKING AUSTRALIA is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:
  19. RANKING AUSTRALIA will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
  20. The maximum liability of RANKING AUSTRALIA to you is the lesser of:
  21. The sum of Set-up and Management Fees you have paid to RANKING AUSTRALIA, or
  22. The cost of re-supplying the online advertising services ; or
  • The cost of rectifying the online advertising problem which has caused your loss.
  1. These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
  2. These Terms and Conditions can be modified at any time by RANKING AUSTRALIA. You agree to continue to be bound by these Terms and Conditions as modified. We are happy to email a copy of these at your request.
  3. 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.

You warrant to us that you will use the services provided by RANKING AUSTRALIA under this Agreement for business purposes (and not predominantly personal, domestic or household use).

SECTION 19 – DECLARATION & ACKNOWLEDGEMENT

  1. Upon signing the SERVICE AGREEMENT FORM, the client declares that they have read and agree to the all of the above terms and conditions and understand the conditions of service provided by RANKING AUSTRALIA. Commencement of the services, products described and solicited from RANKING AUSTRALIA begin from the dates signed. The service agreement is effective as of the date specified in the SERVICE AGREEMENT FORM, and as specified in this form. Any changes to this needs a new form completed, which supersedes the previous agreement.

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