"Services” has the meaning given to that term in Recital A of this Agreement.
THE SERVICESPPC
My Advertising Expert will provide services and staff, and otherwise do all things necessary for or incidental to the provision of PPC services to the Client, including but not limited to:
My Advertising Expert will provide services and staff, and otherwise do all things necessary for or incidental to the provision of Landing Page services to the Client, including but not limited to:
Condition – Landing Page Services
Landing Pages services are only available in conjunction with the order of PPC services. If the Client cancels the PPC services at any time, the Landing Page services will be cancelled immediately.
INSTRUCTIONS AND CORRESPONDENCE
Acceptable Method of communication
Instructions in relation to the operation of the Services from the Client to My Advertising Expert will be by way of email to mkhoder@myadexpert.org.
Unacceptable Method of Communication
Under no circumstances will any voice based permission system will form an amendment, alteration, direction or consent in any matter.
PAYMENT
Account Management Fees and Monthly Advertising Costs
Prior to the provision of the Services, My Advertising Expert will provide a personalised quote to the Client detailing Account Management Fees and monthly Advertising Costs payable by the Client in relation to the Services. That quote, and the amounts listed therein, shall form a part of this Agreement and shall govern the Account Management Fees and monthly Advertising Costs payable by the Client in relation to the Services.
Payment of Fees and Costs
The Client authorises My Advertising Expert to debit the Client’s credit card with Account Management Fees, and monthly Advertising Costs, each Monthly Billing Period (in advance).
Additional Account Charges and Fees
The Client authorises My Advertising Expert to debit the Client’s credit card with such account charges and fees as are due and payable at that time, using this Agreement as authority, until the Services are terminated.
TERM
This Agreement is for a consecutive period of three months ("Minimum Term") except where otherwise agreed, and will continue until the Client ends the Agreement.
OWNERSHIP RIGHTS
Services and Associated Output
The Services and all websites, web pages, graphic designs, icons, HTML, code, computer programming, and other elements incorporated therein are the exclusive property of My Advertising Expert.
Intellectual Property of My Advertising Expert
My Advertising Expert owns all rights, titles, and interests in and to My Advertising Expert’s trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Services.
ENDING THE AGREEMENT
Method of Termination
The Client may terminate the Services by:
stating that the Services are no longer required.
Timing of Termination
Should the customer not wish to continue the Services after the minimum term has passed, notice needs to be given to My Advertising Expert at least one business day before the end of the current Monthly Billing Cycle, otherwise this Agreement will continue from month to month.
Conditions Precedent
Notice of the termination of the Services will be conditional on:
otherwise this agreement will continue from month to month.
Pausing or Suspending the Services
During the Minimum Term the service cannot be paused or suspended. After the Minimum Term has passed, the Services may be paused or suspended upon request by the Client and at My Advertising Expert’s absolute discretion.
REFUNDS
Mid-month Termination
No refunds, pro-rata or otherwise, will be given for Services that are being terminated mid-way through a Monthly Billing Period unless such a refund is payable pursuant to relevant consumer or trade practices legislation.
Outstanding Adspend
When a customer cancels their service after the Minimum Term has passed, no refunds will be provided for any outstanding Adspend that remains for the remaining part of the current Monthly Billing Cycle unless such a refund is payable pursuant to relevant consumer or trade practices legislation.
TERMINATION FEE
Termination outside the Minimum Term
No termination fee is payable if the Agreement is ended outside the minimum term.
Termination inside the Minimum Term
An early termination fee of $330 inclusive of GST is payable if the Agreement is ended inside the Minimum Term.
NO WARRANTY
Use or Results Derived from the Services
My Advertising Expert makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "as is" without warranty of any kind.
Disclaimer
My Advertising Expert disclaims all warranties, express of implied, with regard to the Services and related materials, including all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nature of the Services
My Advertising Expert does not warrant that the operation of the Services will be uninterrupted or error-free, or that the Services will be suitable for the Client’s needs or intended applications, or that the Services will be compatible with or operate in the hardware, software, or website configurations selected or favoured by the Client.
LIMITATION OF LIABILITY
No Liability
In no event will My Advertising Expert be liable to the Client or any third party for any consequential, incidental, special or indirect damages of any kind or nature that occur in connection with the provision of the Services to the Client. Such damages include but are not limited to loss of income, loss or damage of data, damage to business reputation, whether in law or in equity, and whether or not My Advertising Expert is notified of the possibility of such damages.
Cumulative Liability
In no event will My Advertising Expert’s total cumulative liability under this Agreement exceed the amount received by My Advertising Expert from the Client under this Agreement.
Client Data and Information
My Advertising Expert is not responsible for any of the Client’s data residing on My Advertising Expert hardware. The Client is responsible for backing-up its data and information that may reside on the My Advertising Expert hardware, whether or not such information is produced through the use of the Services.
INDEMNIFICATION
The Client agrees to indemnify, defend and hold My Advertising Expert and its affiliates and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) related to
These obligations shall survive any termination or expiration of this Agreement.
AMENDMENT
This Agreement may be amended only by another agreement executed by both parties.
ASSIGNMENT
Neither party may assign, charge, encumber or otherwise deal with any of its rights or obligations under this Agreement, or attempt or purport to do so, without the prior written consent of the other party.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier conduct and prior agreements and understandings between the parties in connection with its subject matter.
CONSTRUCTION
This Agreement shall be deemed the joint work product of the parties without regard to the identity of the draftsperson and any rule of construction that a document shall be construed against the drafter shall not be applicable.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of Victoria, Australia. Each party submits to the jurisdiction of Victorian courts, and waives any right to claim that those courts are an inconvenient forum.
SEVERABILITY OF PROVISIONS
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.