Last Updated: January 22, 2024
These terms of service apply to each service undertaken by McKee Creative, ABN 15 147301951, between McKee Creative (hereinafter referred to as “the Agency”) and each entity that engages the Agency to perform services (hereinafter referred to as the “Customer”). These terms of service come into effect once the Customer pays the first invoice issued to the Customer by the Agency.
Collectively, the Agency and the Customer are referred to as "Parties."The Parties agree to the following recitals:
Whereas, the Agency is in full legal capacity as a company specializing in the field of Digital Marketing & funnel development;
Whereas, the Agency affirms that it has the required experience and ability to provide the Customer with the Services;
Whereas, the Agency agrees to be so engaged and to provide the Customer the Services, all subject to the terms and conditions contained herein;
WHEREAS, the parties desire to express in writing their mutual understanding and agreements with respect to this engagement; and,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the parties hereto, intending to be legally bound, do hereby agree as follows:
The Customer hereby concurs, agrees and acquiesces to the provisions of these Terms of Service. In case the Agency undertakes a revised version of the TOS, the Customer furthermore agrees to visit the Agency's website from time to time and undertake a due diligence review in order to be apprised of these revisions.
The following is a preliminary scope of work and is subject to change once the agency establishes a full Customer Scope Document. The Agency is being recruited to assist in the following:
Marketing services as specified on the Customer’s invoice.
Up to 2 rounds of revisions to copy/creative on a campaign are included in the monthly fee; extra requests can be accommodated at the Agency's hourly rate of $178/hr exc GST.
Specific timeframes of deliverables will be provided to the Customer but are subject to change in the occurrence of unforeseeable events or circumstances beyond the Agency’s control.
The Customer may avail from the Agency for consultation on the nature, timing and extent of these services either via email, over the telephone or Zoom, in person, or at the Customer’s office.
For undertaking the engagement and for other good and valuable consideration, including but not limited to, the substantial benefit the Customer will derive from the Agency’s services, the Customer agrees to compensate the Agency a professional fee in the following manner:
· Upon Commencement: as specified on the invoice issued by the Agency to the Customer.
· Monthly Term Agreement - month-by-month basis with a 30-date notice period should the Customer choose to cease working with the agency.
The Client agrees to dedicate a minimum monthly ad spend of $150/day per advertising channel.
Any additional work carried out outside of the Scope of Work provided to the Customer will be charged at an additional fee of $178/hr. The Agency shall notify the Client of such situations or charges before commencing work.
All prices quoted are in AUD.
Late payments or failure of payments will result in immediate cessation of all work carried out by the Agency. All work remains the sole right of the Agency until payment is made.
All payments shall be non-refundable and non-assessable.
The Customer agrees to settle the Agency’s professional fee in Australian Dollars either through the Agency’s merchant account or a Bank Transfer.
Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following.
a. Technical materials, models and relevant technical articles, technical reports owned by either party;
b. Sales materials, including but not limited to all quality management methods, pricing methods, sales methods and customers’ materials;
c. All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future); and,
d. Any other information that either party claims as confidential.
The Client agrees that the Agency may, from time to time, share testimonials and results achieved as a result of service provided for marketing purposes. The Client can request that personal and brand information be omitted from case studies and testimonials.
Non transferability: The rights and obligations under this Agreement are personal to the Customer. The Customer may not assign or transfer any rights or obligations under this Agreement.
Indemnification: The Customer will, at their own expense, defend, indemnify, and hold the Consultant, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of these Terms of Service. This includes but is not limited to advertising funds being used in an unauthorised manner by hackers of an advertising account. McKee Creative takes every security precaution possible and ensures all people with access to advertising accounts use two-factor authentication. The Client will be responsible to reimburse losses incurred in the event of the Client's advertising account being breached.
Integration: These Terms of Service along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between the Customer and Consultant concerning the Program.
This Agreement does not constitute an employer-employee relationship.Should either party wish to terminate this Agreement, that party will give 30 days' notice in writing and complete their obligations up until that period is complete. Fees will be payable up until the date that the parties cease to work together under the terms of this Agreement.
The Client understands that while content should be refreshed regularly as required by campaign data indicators, it is imperative to allow enough budget/time for a campaign to complete the learning phase. The Client will provide 48 hours' notice for any alterations the Client requires to ad copy or creative, and will acquiesce to the Agency's expertise in making any decision regarding when to alter content, and what to alter that content to.
This Agreement is bound by the laws of Queensland, Australia.
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