Terms and Conditions
Welcome to derivemarketing.com.au
These terms and conditions outline the rules and regulations for the use of Derive Marketing's Website and services, located at https://www.derivemarketing.com.au
By accessing this website, we assume you accept these terms and conditions. Do not continue to use derivemarketing.com.au if you do not agree to take all of the terms and conditions stated on this page.
Terms and Conditions (Agreement)
DERIVE MARKETING ("Agency"). By engaging our services, you ("Client") agree to
be bound by the following terms and conditions. Please read these terms carefully
before proceeding.
Services Provided
1.1 The Agency will manage and optimise Meta ads on Facebook & Instagram,
Google Ads, TikTok Ads, Search Engine Optimisation, to drive awareness and
reach potential new customers.
No Guarantees of Outcome
1.2 The Agency provides web development services on various web platforms.
No Guarantees of Outcome
2.1 The Agency makes no guarantees or promises regarding the profitability or
outcome of the services provided. Results from advertising campaigns and web
development can vary and are influenced by numerous factors beyond the
Agency's control.
Client Responsibilities
3.1 The Client must provide accurate and complete information necessary for the
Agency to conduct advertising campaigns and web development.
3.2 The Client is responsible for any content or material supplied to the Agency for
use on advertising campaigns, ensuring it complies with Meta's advertising
policies and relevant laws and regulations.
3.3 The Agency does not control the amount payable or owed to Meta, Google or
TikTok.
Payment Terms
4.1 The Client agrees to pay the Agency for services rendered according to these
terms.
4.2 Payments are non-refundable, if and when applicable. The Agency reserves the
right to issue refunds at its own discretion.
4.3 Cancellations must be made within the subscription monthly retainer billing
cycle. No refunds will be issued, for advertising or web development.
Confidentiality
5.1 Both parties agree to maintain confidentiality regarding any proprietary or
confidential information shared during the course of the agreement.
Limitation of Liability
6.1 The Agency shall not be liable for any direct, indirect, incidental, or
consequential damages resulting from the Client's use of the Agency's services.
6.2 The Agency shall not be liable for any damages, losses, or liabilities arising
from this agreement under any circumstances.
6.3 The Client agrees that the Agency, its affiliates, employees, founders, directors, and any associates working on the Agency’s behalf will not be held liable for any damages, losses, or issues arising out of the use of the Agency's services. The Client understands and accepts that the Agency, its affiliates, employees, and associates are not responsible for any direct, indirect, incidental, or consequential damages, including but not limited to financial loss, reputational damage, or any other claims resulting from the Client’s actions or reliance on the Agency's services.
Intellectual Property
7.1 The Client retains ownership of all intellectual property rights to the content
provided to the Agency.
7.2 The Agency retains ownership of any proprietary tools, processes, or
methodologies used or developed during the provision of services.
Termination
8.1 Either party may terminate the agreement with written notice. The Client will be
responsible for any fees incurred up to the date of termination within the billing
cycle.
8.2 Upon termination, the Agency will cease all advertising activities.
Indemnification
9.1 The Client agrees to indemnify and hold harmless the Agency, its affiliates, and
employees from any claims, damages, or liabilities arising from the Client's breach
of these terms or use of the Agency's services.
Advertising Budget
10.1 The Agency, including its affiliates and employees, shall not be held liable for
the results or outcomes of the advertising budget set or recommended by the
Agency.
10.2 The Client agrees to indemnify and hold harmless the affiliates, employees, founders, directors, and any associates from any claims, damages, or liabilities arising out of or related to
the advertising budget set or suggested by the Agency.
Web Development
11.1 The Agency provides web development services on various web platforms.
11.2 The Agency makes no guarantees regarding the functionality, performance, or
security of the websites developed. The Client acknowledges that web
development projects may have inherent risks and limitations.
11.3 The Client is responsible for providing accurate and complete content for web
development projects and ensuring it complies with relevant laws and regulations.
Governing Law
12.1 This agreement shall be governed by and construed in accordance with the
laws of [NSW/AUSTRALIA].
Amendments
13.1 The Agency reserves the right to amend these terms and conditions at any
time. The Client will be notified of any significant changes.
Entire Agreement
14.1 These terms and conditions, along with any service agreement, constitute the
entire agreement between the parties and supersede any prior agreements or
understandings.
Sever-ability
15.1 If any provision of this agreement is found to be unenforceable, the remaining
provisions shall remain in full force and effect.
Contact Information
16.1 For any questions or concerns regarding these terms, please contact
[DERIVE MARKETING].
By engaging in our services, the client acknowledges that they have read,
understood, and agree to be bound by these terms and conditions upon payment.
