These are the terms and conditions applicable to the agreement between me trading as Purple Patch Marketing and you in relation to the services I agree to provide you.
- Your receipt of an electronically-generated order confirmation from a purchase on www.purplepatchmarketing.com.au does not signify my acceptance of your order, nor does it constitute confirmation of my offer to sell. Your order can be considered accepted once you have received either a phone call from me in which I verbally accept your order, or an e-mail, notifying order acceptance. Purple Patch Marketing reserves the right at any time after receipt of your order to accept or decline your order for any reason.
- The services will be as described on my website in the form of service packages available for you to place an order or in any proposal document I may provide you.
- My fees for the services including the basis for charging will be described on my website in the service packages or any proposal document I may provide you.
- All advertised package prices include labour only. They do not include additional out-of-pocket, client-specific expenses incurred in the delivery of this project (e.g. actual media spend on Facebook advertising or Google Adwords).
- I will advise you in advance if any out-of-pocket costs need to be incurred and will help you to find the most economical option for these expenses.
- Should I incur any of the out-of-pocket expenses as outlined above, these will be billed as actually accrued on a monthly basis and are due within 7 days of receipt of my invoice.
- Full payment is required upfront (i.e. before I commence doing any work) for services up to and including the value of $1,000 (GST-inclusive), irrespective of whether the package is sold online or offline.
- For services valued at over $1,000 (GST-inclusive), 50% of the total will be payable upfront, upon engagement, with the remaining 50% to be paid, within 7 days of my delivery of the final work to you.
- Please note that the deposit (50% of the total fee, regardless of whether paid in full or on a payment plan), is non-refundable. You agree 50% of the total fee is a reasonable amount to pay me on account for time and effort invested in research, client contact, preparing and planning for your work, setting aside time to do your work and deferring other client work.
- You are responsible for providing me with information as requested by me in order for me to provide the services to you. You are responsible for ensuring any information you provide me is true and accurate and not misleading or deceptive.
- Your revisions to any work product must be provided to me within 15 days of receipt of any work product from me. Time is of the essence or I will not be able to finalise the services for you within the required time frame or additional costs may be incurred for me to finalise the services, which you will need to pay for.
- In relation to copywriting projects, final proofreading and formatting is your responsibility.
- I rely on you to perform your responsibilities promptly and correctly in order for me to provide the services to you within the agreed time frame and costings. Any delay or error on your part may result in the delay of delivery of work products and increased costs, which you must pay for.
- You are responsible for carefully considering advice and tactics recommended and ultimately deciding what specific advice, strategies and tactics you wish to follow and implement. You acknowledge I cannot and do not guarantee any specific results in relation to my services, in relation to search engine optimisation or in the event that my advice, strategies and tactics are not implemented in full. The reasons include, without limitation, frequent, unforeseen changes in Google’s algorithm, competitor activity online for the keywords that you are attempting to rank for, Google’s ongoing personalisation of search results and other variables that are beyond my control.
- To the extent permitted by law, I exclude all representations, warranties and terms (whether express or implied) other than those expressly set out in these terms and conditions.
- To the extent permitted by law, I exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the extent permitted by law, you indemnify and hold me harmless in respect of any claim, loss, liability, cost or damage (including legal costs and expenses on a full indemnity basis), directly or indirectly arising out oforin connection with:
- any act or thing done by me, my employees or agents in good faith
- any breach by you of any of these terms and conditions, and
- any wilful, unlawful or negligent act or omission by you.
Australian Consumer Law
- These terms and conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded. If such legislation applies, to the extent possible and to the extent allowed by the Australian Consumer Law, I limit my liability in respect of any claim to, at my option, the supply of the services again, or the payment of the cost of having the services supplied again.
- In the unlikely event that you are not completely satisfied with the services, I will work closely with you to attempt to reach a mutually satisfying outcome.
- You cannot terminate this agreement or seek the resupply of the services if the problem was outside my control, you have changed your mind, insist on having the service provided a particular way, acted against my professional advice or failed to clearly explain your needs and business objectives to me.
- You may terminate this agreement or seek a partial refund or reduction in the value of the services if there is a major failure with the services or if the failure to comply with a statutory guarantee cannot be remedied.
- Requests for termination or resupply of the services must be received in writing, with attached proof of purchase (either a receipt or a bank statement).
- Unless otherwise mentioned, electronic downloads of products and other digital products are generally non-refundable as there is no way to ensure the information isn’t being distributed elsewhere or used in a manner that was not as originally intended.
- This agreement may only be varied by written agreement signed by each of us.
- This agreement is governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts in New South Wales.