Digital Marketing Agreement
SUBSCRIBER AGREEMENT – TERMS of SERVICE
The Client agrees they have the authority to make decisions for their company and is bound by this Agreement.
Whereas, the Client desires to retain the services of The Service Provider to render digital marketing campaigns
with regard to managing paid social media ads according to the terms and conditions herein. Now, therefore In
consideration of the mutual covenants and promises made by the parties hereto, the Client (individually, each a
“Party” and collectively, the “Parties”) covenant and agree as follows:
This Agreement shall begin on the day funds clear for the service and continue for 1 Month periods, ongoing until cancelled.
• Following the completion of payment the Client understands that it will take approximately 10 working days
until the campaign is running.
• Either Party may terminate this Agreement for any reason with 3 workdays by written notice to the other
Party. Cancellation must be in writing and can be done via email to email@example.com with subject
line “Cancel Ad Service“.
• Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in
AUD (Australian Dollars)
• The Client agrees for The Service Provider to create 2 x landing pages, 2 x Facebook ads and copy to run and manage paid Facebook ads using the Client’s Facebook Business Manager account to deliver qualified leads to the Client.
• The Service Provider will send the leads and reports to the Clients allocated email address and the provided Fusion Lead Management software unless an alternative system is established.
• The Costs of services shall be paid to Property In A Box Pty Ltd in the agreed amount of $2000 upfront for the first month ($1000 for the setup of 2 x landing page and 2 x Facebook ads and $1000 admin fee) then $1000 admin fee upfront each month thereafter in order to deliver qualified leads. The Facebook ad spend will be billed by Facebook directly to the Client’s Facebook ad account, which will be setup using the Client’s preferred payment method.
• The Service Provider aims to meet the lead target discussed.
• The Client will be billed automatically at the beginning of each billing cycle a monthly administration fee for the The Service Provider’s services, as well as additional fees, depending on the type of service the Client has selected.
• The Client should review the complete and current price list before signing up for any services. The Client will be given the opportunity to pay by credit card or debit card when the Client signs up.
• The Client can cancel their service at any time but will remain liable for all charges accrued up to that time, including full monthly charges for the month for which the Client discontinued service. The Service Provider reserves the right to change fees at any time for any reason, but whenever possible we will give the Client at least one month advance notice of such change(s).
4. Intellectual Property Rights
• The Parties acknowledge and agree that the Client will hold all intellectual property rights in any work product resulting from the services including, but not limited to, copyright and trademark rights.
• The Service Provider agrees not to claim any such ownership in such work products intellectual property at any time prior to or after the completion and delivery of such work product to the Client.
• The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose.
• The Service Provider shall not disclose to any third party any details regarding the Client’s business, including, without limitation any
(i) information regarding any of the Client’s customer information, business plans, or price points (the Confidential Information),
(ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or
(iii) use Confidential Information other than solely for the benefit of the Client.
6. Non-Solicitation of Customers
• During and after the term of this Agreement, The Service Provider will not, directly or indirectly, solicit or attempt to solicit any business from any of the Client’s customers, prospects, employees, or contractors.
• The Client agrees to indemnify, defend, and protect The Service Provider from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Marketing Services.
8. No Modification Unless in Writing
• No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
9. Applicable Law
• This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the
laws of Victoria, Australia.
10. Lead Management Software
• The Client receives a complimentary Account with the Fusion CRM Lead Management Software during the term of this Agreement.
A) If the Client terminates this Agreement and wants to continue using the Fusion CRM Lead Management Software they may do so for a Subscription Fee of $50 inc gst per month.
B) If the Client puts their Social Media Services on Hold there will be a fee of $50 inc gst per month to access the Fusion CRM Lead Management Software.
C) The Fusion CRM Lead Management Software Access can not be put on hold.
D) If the Client would like to terminate their access to the Fusion CRM Lead Management Software it is their responsibility to provide 1 month’s notice and to download all client data.