Subscription & Fixed Term (3,6 & 12 month minimum term) based Clients
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.digitalbazaar.com.au website operated by Digital Bazaar Pty Ltd (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Legal Agreement
This agreement shall be a legal agreement between Client and Digital Bazaar Pty Ltd. The agreement shall constitute the entire agreement between Client and Digital Bazaar Pty Ltd in relation to the Services and the subscription agreement and it shall not include any terms and conditions of Client (including on any purchase order or other document submitted by Client) unless agreed to in writing by Digital Bazaar Pty Ltd.
Purchases/ Payment
Upon signing up the initial set up fee will be charged directly to your credit card, our services will not commence until your nominated payment method has been successfully charged.The initial set up fee is completely non-refundable.
Subscription Clients
Digital Bazaar’s Services are billed on a subscription basis (“Subscription(s)”). You will be billed in arrears on a recurring payment schedule, you will be billed 7 days after the date of sign up.Digital Bazaars Pty Ltd will automatically charge your nominated credit card weekly for our weekly management fee unless a different agreement has been agreed upon by both Digital Bazaar’s Pty Ltd & The subscriber (in writing)Digital Bazaar’s Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.Unpaid debts incur the maximum enforceable penalty rate.
Fixed Term Agreements (3,6 & 12 month minimum terms)
Digital Bazaar’s Services are billed in arrears on a recurring payment schedule, you will be billed 7 days after the date of sign up from your authorised nominated card.Your Fixed term agreement (3, 6 or 12 Month minimum term) will automatically renew at the term date unless Digital Bazaar is advised of your intention to cancel prior to your minimum term end date.During the fixed term agreement period, clients are not eligible to pause management with Digital Bazaar’s Pty Ltd Unless a special agreement has been reached between Digital Bazaar Ltd & the subscriber.
Pausing Management (Excluding Fixed Term Agreement/ Minimum term Clients)
If you wish to pause your management with Digital Bazaar Pty Ltd we require 1 weeks’ notice via email. The maximum pause time period is 4 weeks unless an alternate agreement is reached between Digital Bazaar Pty Ltd & The Subscriber.All paused clients will have a resume date as discussed with the client manager upon the pause request. At the end of the pause period a representative of Digital Bazaar Pty Ltd will contact the subscriber to resume the service, if for whatever reason the subscriber no longer requires Digital Bazaar Pty Ltd services a 2 week cancellation fee will be charged to the subscriber.If Digital Bazaar Pty Ltd are not able to make contact with the subscriber when the service is meant to resume (at the end of the pause date period) the subscribers service will be cancelled, an email will be sent to the subscriber & 2 weeks cancellation fee will be charged to the subscriber.
Termination of Service (Subscription client)
If you wish to cancel/ terminate your Digital Bazaar management service, please advise us in writing. We do require 2 full weeks’ notice & at this time 2 full weekly payments will be charged. We will continue to service you for this 2-week time period until the agreement is completely finalised.Upon cancelling/ termination your agreement with Digital Bazaar any outstanding monies will need to be paid within 7 days.Digital Bazaar Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.Unpaid debts incur the maximum enforceable penalty rate.
Termination of Service (Fixed term clients – 3,6 & 12 months)
If you wish to cancel/ terminate your Digital Bazaar management service before your fixed term agreement has ended you will need to pay out the remainder of your minimum term term with Digital Bazaar Pty Ltd in Full.This will need to be communicated in writing.Upon cancelling/ termination your agreement with Digital Bazaar any outstanding monies will need to be paid within 7 days from cancellation date.Digital Bazaar Pty Ltd reserves the right to engage a debt collector & legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.Unpaid debts incur the maximum enforceable penalty rate.Your marketing spend is separate to our management fee and is paid directly to the relevant parties, terminating our services will not terminate your account with the third parties, this is your responsibility to maintain.
Sub-minimum terming
Digital Bazaar Pty Ltd Reserves the right to employ/ hire a sub-minimum tremor (company or person) for the production or work for any of our clients at our sole discretion. Advertising Management Service T&C’sGoogle AdWords
While Digital Bazaar Pty Ltd is managing your Google AdWords account the following terms and conditions apply: –
- By entering this Agreement with Digital Bazaar Pty Ltd you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.
- Digital Bazaar Pty Ltd will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
- If you decide to cancel our management services, you will need to pay out your minimum term with us within 7 days. Otherwise your agreement/ minimum term will automatically renew at the term date unless Digital Bazaar Pty Ltd is advised of your intention to cancel prior to your minimum term end date.
- Digital Bazaar Pty Ltd Management service is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. You are solely responsible for all charges by Google. Digital Bazaar Pty Ltd will not be liable for any amounts that Google charges you during the management period or following the cancellation of your management with Digital Bazaar Pty Ltd.
- Please note that: –
- (a) Digital Bazaar Pty Ltd is not Google, Google AdWords, Facebook/ Instagram, Yahoo or Bing
- (b) Digital Bazaar Pty Ltd is affiliated with Google by being a “Google Certified Partner”. However, despite this affiliation with Google, Digital Bazaar Pty Ltd is a separate entity/ company from Google.
- Digital Bazaar Pty Ltd will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Digital Bazaar Pty Ltd does not guarantee any particular rate of return or performance of any online advertising on Google AdWords (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords account for your business and/or websites.
- Digital Bazaar Pty Ltd is providing an internet marketing service for a competitive price. Digital Bazaar Pty Ltd is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
- (a) Digital Bazaar Pty Ltd will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of minimum term, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses.
- These Terms and Conditions can be modified at any time by Digital Bazaar Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Digital Bazaar Pty Ltd takes no responsibility for replying to messages/ comments/ engaging with followers on clients Facebook pages. Digital Bazaar Pty Ltd in conjunction with the client will create & run ads for specifically targeted audiences at the clients cost per click/ view. Facebook in a spate entity/ company to Digital Bazaar Pty Ltd & all costs incurred within Facebook is of the client’s responsibility.
Landing Pages
All landing Pages are the property of Digital Bazaar Pty Ltd.Digital Bazaar Landing Pages are included in certain packages & are also available for a separate fee as an additional item/ service with Digital Bazaar Pty Ltd.If at any time you choose to cancel/ terminate your service with Digital Bazaar, the landing page will be removed/ taken down within 14 days from the cancellation date. If you wish to continue to use the landing page provided by Digital Bazaar , there is a $19 Per week hosting fee attached to the Landing Page.
Search Engine Optimisation (SEO) Service
This agreement is hereby entered into between Digital Bazaar Pty Ltd (hereinafter referred to as “we”, “us”, “SEO”, “our”) and Yourself hereinafter referred to as “Client/ subscriber”, “you”).Digital Bazaar Pty Ltd agrees to provide the client with Search Engine Optimisation (hereinafter referred to as “SEO”, “Optimised Content Marketing”). We are authorized to use the specific keywords and/or phrases for developing and improving the natural visibility of the Client’s site(s), in the search engines (Google, Bing, Yahoo & other Search Engines).
Digital Bazaar Pty Ltd will endeavours to provide Service to the Client within a reasonable time frame. Digital Pty Ltd is not liable for any delays.These Terms and Conditions can be modified at any time by Digital Bazaar Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Definition of SEO
SEO is short for search engine optimisation. Search engine optimization is a methodology of strategies, techniques and tactics used to increase the amount of visitors to a website by obtaining a high-ranking placement in the search results page of a search engine— including Google, Bing, Yahoo and other search engines.Please note Search Engine Optimisation does not include web design work or website changes. This service is available at an additional cost of $140 per hour or a quote can be given when requested.
Disclaimer of Warranties
Digital Bazaar endeavours to get the client’s website ranking as high as possible on all search engines however we offer no guarantee you will rank in position one/ page 1. Client acknowledges and understands that a website’s rankings may go down/backwards for many reasons. Client agrees if this were to happen, Digital Bazaar Pty Ltd will not be held liable for this and no refunds or discounts will be given. Digital Bazaar Pty Ltd is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Digital Bazaar Pty Ltd makes no guarantee that Search Engine Optimisation will generate any increase in sales, business activity or profits for your business. The client agrees to give Digital Bazaar Pty Ltd access (usernames/ passwords) to all relevant website related information for the purpose of Search Engine Optimisation to be performed in a timely manner. Digital Bazaar Pty Ltd takes no responsibility for any errors which may occur on the clients website which may result in down time for the clients website. Digital Bazaar Pty Ltd will also not take responsibility for clients amending their own websites, this is performed at their own risk.
Payment Terms
Digital Bazaar Pty Ltd will charge an initial set up fee for Search Engine Optimisation, no work will be commenced until this fee is successfully charged to your nominated card. Digital Bazaar Pty Ltd will then charge your nominated authorised credit card 7 days later on a subscription basis, a month in advance for our Search Engine Optimisation service. This payment is an ongoing automatic payment from your nominated credit card until such time you have notified Digital Bazaar Pty Ltd of your intention to cancel the service.Digital Bazaar Pty Ltd will continue to provide you with Search Engine Optimisation service while there is an agreement in place providing the billing is up to date with no outstanding monies.
Termination of Service
You must notify Digital Bazaar ty Ltd by phone or email if you wish to cancel the service. Digital Bazaar Pty Ltd requires 30 days’ notice for all Search Engine Optimisation cancellations.
Digital Bazaar Pty Ltd will still perform Search Engine Optimisation services during this notice period providing Digital Bazaar Pty Ltd still has access to all relevant accounts.
Digital Bazaar Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Web Design
You confirm that you are in an agreement with & bound by the terms & conditions outlined in these documents with Digital Bazaar Pty Ltd. Digital Bazaar Pty Ltd will carry out work only where an agreement is formed either by email or telephone. An ‘order’ is deemed to be a written or verbal minimum term between Digital Bazaar Pty Ltd and the client, this includes telephone and email agreements.
Digital Bazaar Pty Ltd will make every effort to ensure that the website and any scripts or programs are free of errors/ bugs, however Digital Bazaar Pty Ltd will not accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming will remain the property of Digital Bazaar Pty Ltd until all outstanding accounts/ invoices are paid in full.
Digital Bazaar Pty Ltd will not take responsibility for any copyright infringements caused by materials/ content submitted by the client to Digital Bazaar Pty Ltd. We reserve the right to refuse the use of any copyright materials.
Any additions/ changes to the original quote/ agreement will be carried out at the discretion of Yes Digital Pty Ltd & additional charges will be applied at the rate of $140 per hour for all web work. The client agrees to make available as soon as possible to Digital Bazaar Pty Ltd all materials/ access required to complete the site to the agreed standard and within the set deadline. Digital Bazaar Pty Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines/ due dates.
Digital Bazaar Pty Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. Digital Bazaar Pty Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided.
An initial deposit of 50% is required with any project before any work will be carried out. This can only be changed if an agreement has been made with Digital Bazaar Pty Ltd & the client. Once a website/ project has been designed and completed the final balance of payment is then due. There are no exceptions to this, i.e If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary .We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. We do offer Search Engine Optimisation Services however this service is not included in web design projects. Digital Bazaar Pty Ltd (and any subminimum termors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due (within 7 days from invoice date) If accounts are not finalised or Digital Bazaar Pty Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed. Following consistent non-payment of an invoice our solicitor may be engaged or Digital Bazaar also has the right to engage a debt collector and legal counsel assistance to recover the funds owing to Digital Bazaar Pty Ltd.
Changes to T&C’s & Pricing
These Terms & Conditions including pricing can be modified at any time by Digital Bazaar Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Contact Us
If you have any questions about these Terms, please contact us immediately.