Terms & Conditions

Modular Marketing Pty Ltd (the “Agency”) shall provide its services to you, the “Client” based on the “Terms and Conditions” detailed below. 

Payment Terms
Prior to any work commencing payment of 50% of the quoted amount will be payable. Upon completion of the work, you agree to pay any outstanding amounts owed. Once we’ve received the full amount we’ve invoiced, all finished produced will be handed over.  

If you would like us to do any additional work not already contained in the original quote, we can either invoice you on an hourly basis or re-quote the project. 

If you decide, after accepting the quote to cancel any works, any payment, deposit, partial payment or down-payment will be forfeited.

Payment will be due within 14 days of our final invoice being issued. Failure to pay on time may result in a delay in services and we reserve the right to withhold or unpublish work until payment is received.

Monthly Marketing Programs and Retainers
Monthly marketing programs require payment in advance, at the start of every month. Unless agreed otherwise, failure to pay on time may result in delays to your service.

If you wish to cancel your marketing program we require a minimum of 30 days notice, although if you’re able to provide 60 days notice it would be appreciated. 

Ownership & Copyright
Unless agreed in writing, before, during and after the project all original working files remain the property of the Agency.

If you ask us to develop a concept or idea for you, we will no doubt incur costs, even though you haven’t officially engaged us. These terms will still apply and we will maintain copyright protection over the work we put together. 

We are entitled to make reference the Agency on all advertising and promotional information i.e. web sites produced. We reserve the right to include our branding on finished products. Should you wish this to be removed or not occur, you are required to contact us and agreement will be made in writing.

 

Any images or assets provided are presumed to be approved for commercial use. If any images or creative that is provided by you (the client) has been copied and provided from an unauthorised source, you (the client) will take responsibility for that if there are any issues.

 

Exclusivity

We reserve the right to work for clients in similar industries, competitors or anyone else.

Responsibilities
We provide a marketing service, not business advice. We are not liable for the success or otherwise of your business. All advice and direction given, we are not liable for.

Unless we have been authorised to act on your behalf, we will endeavour to provide you all content prior to publication for approval. We will do our best to make sure everything is correct however as you have the final say, you accept responsibility for any errors in content. 

It is your responsibility to ensure that we have all of the information, access to accounts, files and approvals required to deliver the agreed services. If for some reason the information  (including images, logos etc) provided is late or delayed, we will do our best to maintain the agreed deadlines although we will not be responsible for the delay in delivering our services.

 

Third Party Providers

Often we will use third party providers such as search engines, social media channels and promotional outlets. They’ve got their own terms and conditions of use. They generally reserve the right to reject, alter, delay publication or remove content or promotional appearances for any reason. We will do our best to work within their terms and conditions and will, to the best of our ability, comply. We can not guarantee that third party providers will not remove, restrict, delay or alter content and we cannot be held responsible for this.

 

Our Process

Each piece of work with include a certain amount of editing. This will be detailed in our original quote. If additional edits are required this will incur a cost at our hourly rate.

 

All websites will be built on our servers and released/ published upon final payment of the invoice. In the case that you wish to host your website with your own hosting company, you must advise us as moving and migrating the website will take additional time.

 

We are not liable for website hacks, viruses or any other attacks.

 

We are not liable for non-compatibility with software upgrades and new formats. Your website may become outdated and is not future proof. If you choose to take control of your website, you will be accepting responsibility for the way it looks and functions.

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