This contract is entered into between BDM Media Pty Ltd (hereinafter referred to as BDM Media and the “Client” or “Credit Card Holder”
1. BDM Media will provide the Client with Pay Per Click Advertising Services (hereinafter referred to as “PPC”) as described in this Agreement. BDM Media will target specific keywords and/or phrases to direct traffic to the Client's website. By entering into this agreement, you give us permission to access your Google Adwords account for the purposes of managing and optimizing your online business. This contract is limited to one website.
2. The Client understands that there are 3 costs involved in undertaking this Google PPC search ad service.
- Setup Fee paid to BDM Media in the amount confirmed in the proposal by automatic direct debit via EziDebit on your supplied credit card
- Weekly or monthly Agency management fees paid to BDM Media in advance on a weekly or monthly basis in the amount confirmed in the proposal by automatic direct debit via EziDebit on your supplied credit card
- Monthly search engine advertising spent which will be charged by Google Inc, directly and by automatically debiting your supplied credit card based on a weekly or monthly budget agreed by the Client in writing.
The PPC 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 Agency management fees. Refund on Monthly search engine advertising budget are based on Google’s own Adwords PPC refund policy.
4. BDM Media’s PPC services are intended to serve two main purposes:
a. to provide the Client with increased exposure in the paid advertising area of search engines like Google, and
b. to drive targeted online traffic to the website. BDM Media’s PPC Services will include (but not limited to):
- Researching keywords and phrases to select appropriate, relevant search terms.
- Writing of advert copy.
- Analysis and recommendations on optimal targeting including interests and demographics.
- Review and refinement of the campaign on an ongoing basis to improve click through rate and optimize the PPC investment.
- Create traffic and ranking reports for the Client’s website and any associated pages showing PPC results in Google.
5. For the purposes of receiving professional PPC 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 results.
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by BDM Media for PPC advertising purposes.
6. BDM Media endeavors to set up your PPC campaign as quickly as possible, however in some instances the campaign can take 7-10 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 PPC campaign.
7. Approval of PPC Campaign works – On completion of the initial setup of the Client’s PPC campaign, the Client will be notified in writing and will have the opportunity to review the PPC campaign details. 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 PPC 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 PPC agreement with BDM Media, the Google Adwords Pay Per Click fees are not automatically stopped. BDM Media holds no liability for any charges that Google Adwords charges after the cancellation of your PPC service. If the Client wishes to stop the pay per click advertising with Google Adwords at the same time that the Client cancels their contract with BDM Media, they should notify us in writing. BDM Media can stop the PPC campaign on the Client’s behalf or the Client may choose to directly access their Google Adwords Account to organize cancellation.
9. Client agrees to the following with respect to PPC services:
- The Client’s ongoing use of the services is binding acceptance of these terms and any changes hereto.
- The BDM Media PPC Services are provided under a 16 week agreement unless otherwise agreed in the campaign proposal. 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 16 week campaign, the Client will have the option to end the campaign or keep it going. If the Client chooses to continue with the campaign after the 16 week period, but chooses to end the campaign thereafter, the Client is required to provide 4 weeks notice in writing.
- The use of the BDM Media PPC service is at the Client’s own risk.
- BDM Media is not Google or Google Adwords. BDM Media is a separate entity from Google.
- The Client acknowledges that BDM Media makes no guarantee that PPC 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 the cost or re-supplying the service again.
- 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 PPC 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 PPC 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 search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
10. The Client agrees to pay for any additional services which are not included as part of this PPC Service Agreement including but not limited to website changes, landing pages, 3rd party software, 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 the client website 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 constitutes the entire understanding of the parties. Any modifications thereto must be in writing and agreed by both parties.