General Terms And Conditions
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 Marketing Services (hereinafter referred to as “Marketing Services”) as described in this Agreement. BDM Media will target specific clients to direct traffic to an agreed target destination. By entering into this agreement, you give us permission to access your relevant company pages on any requested social advertising platforms for the purposes of managing and optimizing your business.
2. The Client understands that the costs for the services and payment terms are as agreed in the Client Proposal document. The MARKETING SERVICES 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.4. BDM Media’s MARKETING SERVICES services are intended to serve two main purposes:
a. to provide the Client with access to people fitting the target profile and
b. to drive targeted online communications to Client prospects to engage them to promote conversations with the Client.
4. For the purposes of receiving professional MARKETING SERVICES services, the Client agrees to provide the following:
Administrative/backend access to the Client’s Website and social media accounts including but not limited to Facebook, LinkedIn, Instagram, Twitter and there respective Company profile page.
Website admin access where required
Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
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 MARKETING SERVICES purposes.
5. BDM Media will set up your MARKETING SERVICES 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 copy, of being available for meetings or workshops for their MARKETING SERVICES campaign.
6. Approval of MARKETING SERVICES Campaign works – On completion of the initial setup of the Client’s MARKETING SERVICES campaign, the Client will be notified in writing and will have the opportunity to review the MARKETING SERVICES 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.
7. If the Client wishes to suspend or cancel BDM Media’s MARKETING 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.
8. Client agrees to the following with respect to MARKETING SERVICES services:
The Client’s ongoing use of the services is binding acceptance of these terms and any changes hereto.
The BDM Media MARKETING SERVICES 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 12 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 7 days notice in writing.
The use of the BDM Media MARKETING SERVICES service is at the Client’s own risk.
BDM Media is not a social marketing / advertising platform. BDM Media is a separate entity from social marketing / advertising platforms such as Facebook, LinkedIn, Youtube, Instagram, Twitter
Client acknowledges that BDM Media makes no guarantee that the MARKETING SERVICES 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 MARKETING SERVICES 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 MARKETING SERVICES 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.
9. The Client agrees to pay for any additional services which are not included as part of this MARKETING SERVICES Proposal. 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.
10. 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.
11. 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.
12. 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.