1. BDM Media will provide the Client with Facebook Advertising Services (hereinafter referred to as “FACEBOOK ADS”) as described in this Agreement. BDM Media will target specific keywords and/or phrases to direct traffic to an agreed target destination. By entering into this agreement, you give us permission to access your Facebook page and Facebook Ads account for the purposes of managing and optimizing your online business.
2. The Client understands that the costs for the services and payment terms are as agreed in the Client Proposal document. The FACEBOOK ADS services will begin when the first payment is received via direct debit from the Client for the setup fee. All prices listed are in Australian dollars.
3. Refund Policy – 25% of the set-up fee will be refunded if the Client requests in writing for the campaign be to terminated within 7 days of the signing of this agreement. Note that refunds are not applicable for Weekly or monthly agency management fees. Refund on Monthly Facebook advertising budget are based on Facebook’s own FACEBOOK ADS refund policy.
4. BDM Media’s FACEBOOK ADS services are intended to serve two main purposes:
a. to provide the Client with increased exposure in the paid advertising area of Facebook, and
b. to drive targeted online traffic to the Client or Client’s target URL. BDM Media’s FACEBOOK ADS Services will include (but not limited to):
- Analysis and recommendations on optimal targeting including interests and demographics
- Writing of advert copy
- Design of Facebook Ad creative
- Review and refinement of the campaign on an ongoing basis to improve the ROI and optimise the FACEBOOK ADS investment
- Create reports for the Client showing FACEBOOK ADS results
5. For the purposes of receiving professional FACEBOOK ADS services, the Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- An email address for the purposes of retaining contact and reporting.
- Authorisation to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by BDM Media for FACEBOOK ADS advertising purposes.
6. BDM Media will set up your FACEBOOK ADS campaign as quickly as possible, however in some instances the campaign can take 7-14 days. The timeframes we prescribe are reliant upon your full cooperation for the supply of final materials and information. The Client will be required to review and approve certain aspects of the campaign setup in order to progress the campaign to subsequent phases. BDM Media takes no responsibility for Client’s inaction or by not approving ad copy, ad design, keywords or budgets for their FACEBOOK ADS campaign.
7. Approval of FACEBOOK ADS Campaign works – On completion of the initial setup of the Client’s FACEBOOK ADS campaign, the Client will be notified in writing and will have the opportunity to review the FACEBOOK ADS campaign details / designs. The Client can notify BDM Media in writing of any unsatisfactory information within 7 days of the notification. Any information not deemed to be unsatisfactory within the 7 days review period will be deemed to be approved.
8. If the Client wishes to suspend or cancel BDM Media’s FACEBOOK ADS Services at any time please confirm in writing. Upon cancelation all agreed fees outstanding to BDM Media are to be paid in full within 5 working days of cancellation. If the Client chooses to cancel their FACEBOOK ADS agreement with BDM Media, the Facebook Ads Pay Per Click fees are not automatically stopped. BDM Media holds no liability for any charges that Facebook charges after the cancellation of your FACEBOOK ADS service. If the Client wishes to stop the pay per click advertising with Facebook at the same time that the Client cancels their contract with BDM Media, they should notify us in writing. BDM Media can stop the FACEBOOK ADS campaign on the Client’s behalf or the Client may choose to directly access their Facebook Account to organise cancellation.
9. Client agrees to the following with respect to FACEBOOK ADS services:
- The Client’s ongoing use of the services is binding acceptance of these terms and any changes hereto.
- The BDM Media FACEBOOK ADS Services are provided for the duration of an agreed time frame as outlined in the Client Proposal. If the duration is not specified in the Client Proposal, a 16 week agreement applies. Should the client choose to cancel the Agreement during the contract term, the remainder of the Weekly Agency management fees agreed are payable in full.
- Following the completion of the campaign, the Client will have the option to end the campaign or keep it going. If the Client chooses to continue with the campaign, but chooses to end the campaign thereafter, the Client is required to provide 4 weeks notice in writing.
- The use of the BDM Media FACEBOOK ADS service is at the Client’s own risk.
- BDM Media is not Facebook or Facebook Ads. BDM Media is a separate entity from Facebook.
- Client acknowledges that BDM Media makes no guarantee that FACEBOOK ADS will provide any increase in sales, business activity, profits or any other type of improvement to the Client’s business.
- To the fullest extent admissible by law, BDM Media will not be held liable to the Client for any damages, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising from the negligence of BDM Media or otherwise
- Where liability cannot be legally excluded, the liability of BDM Media is limited to $2000.
- The Client agrees to indemnify BDM Media for any third party claim for damages arising out of or in any way connected with the supply of services by BDM Media to the Client, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising from the negligence of BDM Media or otherwise
- The Client agrees to indemnify and hold harmless BDM Media, its affiliates, subsidiaries, agents, officers and other partners and its respective employees from and against all damages, liabilities, actions, causes of action, claims, suits, losses, demands, costs and expenses (including without limitation reasonable legal fees, disbursements and court costs) arising from or in connection with the Client’s information, the Client’s use of BDM Media’s FACEBOOK ADS services
- All fees, services, documents, recommendations, and reports are confidential.
- BDM Media reserves the right to subcontract any services that are agreed to perform your FACEBOOK ADS services
- The Client agrees that the Customer’s personal data may be used and retained by BDM Media for the purposes of –
- Delivery of Goods and Services.
- Marketing of Goods and Services.
- Processing of payment instructions.
- BDM Media has no control over the policies of Facebook with respect to the type of ads and/or content that they accept now or in the future. The Client’s Facebook Ads may be excluded from Facebook at any time at the sole discretion of Facebook.
10. The Client agrees to pay for any additional services which are not included as part of this FACEBOOK ADS Service Agreement including but not limited to website changes, landing pages, 3rd party software, video production, stock images, fonts or other unrelated expenses. The Client can be charged an additional fee for constructing agreed content based on the hourly rate of $165/hr inc GST or as otherwise quoted.
11. BDM Media reserves the right to refuse or terminate service. BDM Media has the right to be free from acts or threatening behavior, abusive or offensive language. Such communication will not be tolerated. No refund will be provided in case of abusive communications.
12. The Client agrees for BDM Media to include a small note and or logo in the footer of URLs of Client websites that relate to campaigns developed with BDM Media for the purposes of acknowledging that BDM Media is undertaking digital marketing works for the Client
13. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to BDM Media for inclusion in the ads or on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend BDM Media and its subcontractors from any liability or suit arising from the use of such elements.
14. Dispute Resolution: Any dispute will be subject to the laws of Queensland Australia.
This Agreement, the signed Proposal any Agreements included in the signed Proposal constitutes the entire understanding of the parties. Any modifications thereto must be in writing and agreed by both parties.