Paid Ad – Terms of Service

Between “us” , Digital Surfer, and “you” ,

You, are hiring Digital Surfer located at 7/46 Junction Road Burleigh Heads to perform Paid Ads marketing services for the estimated total price as outlined in our previous correspondence.

This is the agreement we use for delivering Paid Ad services. We encourage you to read and understand the agreement as it explains what each of us are responsible for, and is designed to protect you as well as us.

These terms and conditions define our working relationship with you. Unless otherwise agreed to in writing by both parties, these terms apply from the date of our proposal and cover all of the deliverables you ask us to provide. If there is any part of the Proposal that you do not understand, please let us know before agreeing to this terms.

1. What we do

1.1. We will provide the services and deliverables described in the agreement in exchange for receipt of payment set out in the agreement.

2. Additional services and variations

2.1. We can assist you with services not already identified in the agreement. This will require a new agreement and attract an additional cost. Please note that service rates may be adjusted from time to time and will not necessarily be the same as set out in the current agreement.

2.2. Any additional work outside the scope of the agreement including small tasks will be charged at our hourly rate.

2.3. The online world is changing all the time. If we think something that we had offered to do is no longer effective, or no longer available, or there is something that we consider to be better than what we first proposed, we may choose to change parts of the service offered to you. If we change parts of the service we will let you know. There will be no extra cost to you, and no reduction in the cost.

3. Paid Ads

3.1. Our Paid Ads packages are developed to provide the business with a specific strategy and outcome that aligns to the specific business, across multiple online platforms that target the campaigns specific target audience.

◦ Paid Ads setup – included in all packages

• In-depth discovery session with business owner, CEO or marketing department to discuss online lead generation and sales objectives and goals for the campaign, and the online journey of growth for the business  
• Keyword and competitor research inline with user and keyword intent.
• Current campaign audit and benchmarking
• Creation of strategies to align with the business goals and objectives, these could include multiple channels (Google, Microsoft, Meta, LinkedIn, TikTok etc..). Strategies will be developed in line with the core services or products you are looking to promote. Multiple types of ads can be run within these platforms, these will be reflective of your industry, cost per conversion and user behaviour.
• Goal and conversion tracking set up to align with business goals and objectives, reflecting on the return on investment for the campaign.
• Creation of ad sets within the required platform of developed strategy. Creative copy to be developed for ad sets by Digital Surfer, creative images and videos are to be provided by the client if not already available, or in the required formats for paid ads platforms. Video’s and image creation can be created by Digital Surfer at an additional cost to the client.
• Landing page creation if no relevant page available within the current website for successful ads conversion and tracking. Content created for landing page/s as required.
• Call tracking set up to monitor the quality of the calls being received for the campaign. 

◦ Ongoing Paid Ads management – All campaigns are developed strategically in line with the business goals and objectives. The strategies developed may include all, or chosen actions listed on an ongoing basis below to achieve the required objective of the campaign and growth of online leads and, or product sales. The campaigns are not limited to the actions below as specific actions can be completed outside of the listed actions, as per the specific strategy requirements and the ongoing changes and trends of the digital marketing environment.

A minimum of 30 days data collation is required at the beginning of the campaigns to understand the cycle of the industry and user behaviour.

• Monthly meeting to discuss the achievements of the campaign inline with the goals, conversions, objectives, ROI and growth of online presence, leads and/or products.  Discuss the quality and outcomes of any off line conversions, quality of leads into the business and recorded call data . Monthly reporting supplied outlining data inline with goals and objectives for individual campaigns.
• Reviewing and optimising of data within each specific channel of ads management. These include but not limited to continuous campaign budget allocations, conducting A/B testing to improve campaign performance, user behaviour, quality of conversions, listening to recorded calls, changes to service and product creative on ads, demographics and geographics of ad performance.
• Improvements to user experience and conversation actions within the website landing pages.
• Quarterly to six monthly review of strategies within campaigns to make appropriate changes and updates inline with current campaign performance, discussions with key stakeholders (Digital Surfer and Client), goals and objectives and changes within the current digital marketing environment.

3.2. For Paid Ads setup, you will need to provide to us:

• Website login details;
• Hosting provider login details (if hosted outside Digital Surfer), Domain name registrar login details (if registered outside Digital Surfer)
• Access to paid ad platform accounts in admin capacity
• Google Analytics login details, Google Search Console and Google Tag Manager (we can create if required);
• Completed Google onboarding form;
• Account verification documents for advertiser verification on paid ad platforms.

3.3. After setup is complete, we will provide ongoing services to the level you have requested. The minimum duration is 6 months commencing the campaign. At the expiration of 5 months our services can be cancelled with 30 days notice in writing.

3.4. If you have asked us to provide Paid Ad services we will work with you to develop a detailed online lead generation and/or product generation digital marketing strategy. You agree to indemnify us completely for any claims made against us regarding the implementation of these strategies in the provision of our Services for you.

3.5. All of our Paid Ads strategies take time (at least 30 days of data is required), are tested, measured and changed as needed to try and achieve the best results in line with the data-driven information provided by the campaign and communication with client.

3.6. Paid Ad services are dependent on how the platforms provided by third party suppliers (like Google, Bing, Meta and other paid ad platforms) work. Those platforms may change without notice. We are not responsible for any loss or damage incurred by you as a result of changes made by third party platforms.

4. You indemnify Digital Surfer or associated entities against any claims, actions, loss or damage (including legal costs) arising directly or indirectly from any;

4.1 errors and omissions in content;

• unauthorised use of copyright works or other intellectual property in relation to your website;
• failure of software supplied to you;
• failure of services provided by the registrar;
• failure of services provided by the hosting provider;
• loss of website data.

4.2 Lack of communication and direction from the client. 

• Communication from client must be received in a timely manner to ensure the progress and ability to implement the required strategies for the campaign. If communication is not received we are not able to deliver the required objectives and outcomes. Digital Surfer will communicate via phone, zoom, face to face and email as appropriate.

4.3 Terms and conditions of all agreements are stated within the Digital Surfer website, it is your responsibility to ensure you understand the terms. Accepting to work with Digital Surfer and paying your first invoice acknowledges the agreement and the related terms and conditions associated to these services.

5. Payments

5.1. We require 1 month in advance payments for the management of Paid Ads campaigns.

5.2. Ongoing Paid Ad services fees are payable monthly by credit card only. The monthly payment is due on the 1st day of every new month regardless of what day of the week the 1st day falls. You authorise us to deduct the ongoing fee at the agreed payment frequency until this agreement is cancelled.

5.3. If an automatic direct debit payment is reversed by your financial institution, we will try to contact you to re-try the debit. If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal fees that apply. You authorise us to debit your account an amount equivalent to the amount our bank charges us for reversal fees in addition to the outstanding balance.

5.4. If unpaid fees remain outstanding after attempts by us to rectify the arrears, we may forward the debt to a collection agency to take further action.

6. Refunds

6.1. Once we have commenced work, fees are not refundable simply because you have changed your mind.

7. Open source software

7.1. We use a lot of open source software and components to supply websites and services to clients. We do not charge additional licensing fees on open source software.

7.2 You warrant that you have all necessary copyright and other permissions to use and display online the content you provide to us for the website, and that such content does not infringe upon the intellectual property rights of any other person. You agree to indemnify us from any liability (including legal fees and costs), threatened or actual, arising from the use of information and content provided by you.

7.3 You are responsible for managing any intellectual property complaint made in regard to any of the content or operation of your website.

7.4 We reserve the right not to publish content unless you are able to provide adequate proof of permission to use that material.

8. Promotion

8.1. You consent to our creation of a credit and link in the footer of your website and agree to retain that link for a period of 12 months. You agree the credit and link will be removed in the event that you make, or authorise any other person to make substantial changes to your website.

8.2. You consent to our use of your website, associated graphics and any data, results and development in the promotion of our services.

9.Third party services

9.1. The services we provide rely upon the continued operation of online facilities that we use. We will not be liable for any third party failures affecting the provision of our services.

9.2. You acknowledge that third party search engines may change their policies and systems at any time. We will do our best to accommodate those changes promptly but cannot be held liable for fluctuations, alterations or removal of your website and listing as a result of the actions of a third party which are out of our control.

9.3. You acknowledge that third party browsers and devices may change their policies and systems at any time. Our services are aimed toward appropriate appearance on the most common browsers – Chrome, Explorer and Firefox, Meta, LinkedIn and Apps – as well as mobile capability. We cannot guarantee that your website will appear perfectly on every available device.

9.4. If you enter into an agreement with a third party as a result of our recommendation it is still your responsibility to understand and negotiate your own terms of agreement with them.

10. Limitation of Liability

10.1. We make no guarantees about any improvement you may gain as a result of our services or any increase in business that may be generated for you through our services.

10.2. You agree that the total aggregate liability to us for any claim by you in respect of any service of services provided to you is limited to the total amount paid by you, to us for that service.

10.3. To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, our liability will be limited at our choice to:
 the supplying of the services again;
 the repair of any fault in the services caused by us;
 the payment of the cost of having any fault in the services caused by us repaired; or
 the payment of the cost of having the services supplied again.

10.4. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.

11. General Terms

11.1 Confidentiality – Some of the information that you provide to us will be information that is clearly important and confidential to your business. We will only use that information to provide services to you and will not share it. Other information you provide will be for publication as part of the service we provide to you, and that information will not be kept confidential. Our contracts and business methods are confidential to our business, and we request that you keep them confidential.

11.2 Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. If you provide us with a testimonial or referral, your name, job title and business may be published.

11.3 Recommendations – if we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers. You are still required to do all due diligence to protect your company, staff and your own legal rights.

11.4 Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.

11.5 Amendment – These terms can only be amended by agreement in writing between the parties.

11.6 Assignment – You may only assign or transfer your rights or obligations under this agreement with our prior written consent.

11.7. No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.

11.8. Governing law – This agreement is governed by the laws of Queensland and you agree to be subject to the jurisdiction of the courts of Queensland, if there was a serious dispute between you and us.

11.9. Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.

11.10 Enforceability – Even if you don’t sign the agreement, if you purchase our services and we provide those services to you, you agree to these terms. You can sign the agreement electronically or send a scanned copy to us rather than a paper original.

11.7 Entire agreement – Whatever ends up in this document or the Proposal is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it was included.

12. Definitions

In this document the following definitions apply in order to avoid confusion:

Digital Surfer ‘we’ , ‘us’ or ‘our’ or means Digital Surfer and CURDOD Unit Trust ABN 31 183 446 340, its officers, employees, contractors, successors and assigns.

Client ‘you’ or ‘your’ means you, our valued client as identified in the Proposal, your successors and assigns.

Copyright means the proprietary rights in original works of authorship, expressed in a tangible form, as defined and enforceable under Australian and International Copyright Law.

Deliverables means the services and product specified in the Proposal to be delivered by Digital Surfer to the Client, in the form specified in the Proposal.

Force majeure event means an event that is beyond our control not limited to fire, earthquake, labour dispute, act of God, death, illness or incapacity affecting Digital Surfer or any local, state, federal, national or international law, governmental order.

Open source software means computer software for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software

Ongoing Management means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software updates, domain name renewal and hosting costs and support.

Services means all work completed in order to provide the Client with the deliverables.