We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions, between us – Crunchy Digital (ABN 36677511257) and you – the customer.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. We try to do what’s best for both parties, now and in the future.
You, the customer, are hiring us Crunchy Digital (ABN 36677511257) to create and manage your digital marketing at the price shown in your individual quote/proposal.
What do both parties agree to do?
You – the customer: confirm that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the information we need to complete the project as and when and in the format we need it. Deadlines work two ways, so you’ll also be bound by the dates we set together.
We – Crunchy Digital: have the experience and ability to look after your digital marketing and we’ll do it in a professional manner. We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
We will set up and manage the digital marketing services agreed upon in your quote/proposal. This includes undertaking the tasks required for your digital marketing while also taking into consideration the norms of the platform and the expectations of the target audience.
We will aim to generate an increase in your web presence and level of customer engagement using your business information and content. Before posting material, we will offer you the opportunity to review our proposed posts and provide feedback and approval in a timely manner.
If you provide us with content for your digital marketing, we need the graphic files in an editable, digital format and photographs in a high-resolution digital format (also see Intellectual Property below).
If you feel that our digital marketing services are not meeting your requirements, please let us know and we will be happy to discuss revising our strategy.
Liability – Delays and Mistakes
Some things are beyond our control like internet outages, illness, computer failure fire, theft etc. Also, despite our best efforts, we can’t guarantee that our work will always be 100% error-free. If any of these things occur, we will try and fix any resulting problems as soon as we can. However, if we can’t resolve things to your satisfaction, our maximum liability to you is limited to the amount payable under this contract. This means that we are not liable to you or any third-party for damages, including lost profits or other incidental, consequential or special damages, even if you’ve advised us of them.
You guarantee that the intellectual property in any text, images or other artwork you provide to us is either owned by you or that you have permission from the owner of the intellectual property that allows us to use the material. If you break this guarantee, you agree that the use of the copyrighted material by us was done as your agent and you accept full responsibility for this use. In the event that we are sued, you agree to indemnify us for any expenses we incur, including all legal costs and damages.
We guarantee that all of the material we provide to promote your business is either our own original work or we have permission to use the material from the owner of the work.
We agree to assign our intellectual property in the original works created by us under this agreement. This assignment will occur automatically once your payment to us under this agreement has cleared.
At Crunchy Digital, we love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project (including your name, business name and website address) as part of our portfolio and to write about it on websites, in magazine articles and in books. In other words, you are giving us a permanent ongoing licence to do this.
We will keep confidential any and all Confidential Information that we receive before, during and after our work together. Confidential Information includes private information about your business, promotions, processes, products and services, marketing, customer and supplier information and other information whether or not such information is marked in writing as “confidential”.
We require payment of the amounts shown in your quote/proposal monthly in advance.
We will provide you with a tax invoice each month and payment must be made within 7 days of receiving the invoice. If payment is not received within 14 days of receiving the invoice, Crunchy Digital has the right to cease work until the invoice is paid in full.
We will continue to provide you with our services on an ongoing monthly basis (unless your quote/proposal states that it is for a fixed period). If you wish to end your agreement with us you need to give us at least 30 days written notice. You also acknowledge that you are not entitled to a refund for the remaining term of your agreement if you cancel early.
In the event a disagreement occurs that we can’t resolve between ourselves, we suggest that each of us nominate someone who is not directly involved to act as our representatives. These representatives can then attempt to negotiate a solution that is mutually acceptable to both of us. Crunchy Digital also reserves the right to pass on external collection costs to you if you breach payment terms for over 60 days.
But Where’s All the Small Print?
You can’t transfer this contract to anyone else without our permission. If, for some reason, one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the law as it applies in NSW.
Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.