SERVICE TERMS AND CONDITIONS
“Client” means the person or entity who engages the Services of Web Marketers Crew
whether the service is a paid retainer, a service subscription or whether the service is on an unpaid trial basis.
“Web Marketers Crew” means digitaladvisory.com.au, Game Creative Pty Ltd, Digital Advisory, workers,
employees, subsidiaries and anyone action on behalf of or representing Web Marketers Crew.
“Services” means all services whether it be paid or unpaid.
“Service Fee” means the specified rate agreed to verbally or in writing.
“Terms and Conditions” means the terms and conditions of the Agreement.
“Website” means those of the Client’s website or website which specifically are to be the
subject of the Services.
2.1 The Client is deemed to have accepted these Terms and Conditions in any of the
(a) by executing these Terms and Conditions;
(b) by providing a written acceptance to these Terms and Conditions
by email or by any other form of written communication. Written
1. these Terms and Conditions are received by the Client;
2. these Terms and Conditions are brought to the notice of
2.2 These Terms and Conditions are to be read in conjunction with any other contractual
documentation produced by Web Marketers Crew in relation to the Services to be performed.
3. Warranties by Client
3.1 The Client warrants that it is registered proprietor of the domain name of the Website or
is authorised to contract on behalf of the registered proprietor of the domain name of the
Website, and if the party engaging the Services of Web Marketers Crew and the proprietor of
the domain name of the Website are different persons, both are deemed to be the Client in
these Terms and Conditions and are jointly and severally liable for the obligations of the
4. Client’s Responsibilities
4.1 The Client will:
4.1.1 disclose to Web Marketers Crew all information in the Client’s
possession relevant to the provision of the Services;
4.1.2 comply with all legal requirements and requirements of all relevant
statutory authorities relating to the Services;
3. Performance levels
3.1 The Client acknowledges that:
(a) whilst Web Marketers Crew takes all care in implementing its Services, it
is unable to guarantee improved business performance, site performance, results or profitability;
(b) Web Marketers Crew makes no warranty that its Services will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose;
(c) The use of the Web Marketers Crew’s Services is at the Clients’s own risk.
3.2 Web Marketers Crew will endeavour to ensure that any development/design site or
application will function correctly on the server which it is initially installed on and that it
will function correctly when viewed with the latest version at the time of the Agreement of
the web browsing software Chrome. Web Marketers can offer no guarantees of a correct function with all browser software and computer hardware including but not limited to Tablets and Smart Phones.
4. Exclusion of Liability of Web Marketers Crew
4.1 4. The advertiser and its agent each agree to indemnify Web Marketers Crew and all
associated companies, its employees, agents and subcontractors against all damages, costs,
expenses, claims, demands and loss of any kind including legal costs arising out of the
completion ad undertaking of any of Web Marketers Crew’s Services and without limiting the
generality of the foregoing, to indemnify each of them in relation to defamation, injurious
falsehood, passing off, unfair competition or trade practices, breach of contract,
misrepresentation, breach of warranty or authority, slander of title, breach of copyright,
infringement of trademark or names or titles, violation of rights of privacy, royalties or any
breach of statute, regulation or other law giving rise to criminal or civil liability.
5. Fees and Payments
5.1 Web Marketers Crew charges 1 month in advance for clients unless specified otherwise.
All payment terms are net 7 days or as otherwise specified on prompt for payment.
5.2. Failure to pay any account by the due date or failure to comply with any of Web
Marketers Crew’s terms and conditions will be regarded as a default. In the event of a default,
Game Creative at its absolute discretion may:
(a) cancel, suspend or refuse to accept any work requests from the Client;
(b) demand payment for all other Service charges incurred but not yet due;
6.1 The Client may terminate the Agreement by simply giving written notice of its intention to do so at least 30 days before the next payment is scheduled if they are on a fixed contract. For clients on monthly rolling subscriptions, notice is required within 7 days of the next billing cycle. If the Client fails to do so, the Agreement will be renewed for the month and be governed by these Terms and Conditions.
6.2 Web Marketers Crew may terminate the Agreement by giving written notice of its
intention to do so at least 30 days before the next payment is scheduled.
6.3 Both the Client and Web Marketers Crew can terminate the monthly agreement
immediately if any of the Terms and Conditions outlined have been breached.
7 Web Marketers Crew’s rights
7.1 If the Client unlawfully terminates, Web Marketers Crew can remove Service orientated
content, scripts, codes and any other associated with the Service from the Client’s website and
external and 3rd party properties online.
8.1 The Client agrees that the Client’s personal data may be used and retained by Web
Marketers Crew for the following purposes:
(a) provision of good & services
(b) marketing of good & services
(c) processing any payment instructions
9 GOODS & SERVICES TAX (GST)
9.1. The rates quoted in Web Marketers Crew’s agreements are exclusive of the Goods and
Services Tax (“GST”) that arise out of or in connection with the charges or agreement unless
specified otherwise. Any monetary level orders entered into for advertisements which are
published after 30 June 2000 will be subject to GST.
9.2 The Client agrees to pay any GST liability and an amount thereof shall be added to
invoices raised against the Client.
9.3 The GST component is included in overall monetary expenditure levels applicable to rate
card discount levels.