Terms of Business

By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement.

Digital Services - General Terms

These terms and conditions apply in respect of all work undertaken by CANGRO (ABN 60 4708 5907). By engaging CANGRO with their business, the clients will be accepting the following terms and conditions. These Terms and Conditions are subject to change without notice and may be superseded. CANGRO (ABN 60 4708 5907) may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.

1.     Definitions

1.1. The Agreement, as varied from time to time, applies to the provision of all services by the Consultant to the Client pursuant to the Agreement, together with any non-excludable conditions and warranties expressed by law, constitutes the entire agreement between the parties.

1.2. "Agreement" means these general terms and conditions herewith.

1.3. "Client" means the person and/or business described as the client in the Agreement

1.4. "Consultant" means CANGRO (ABN 60 4708 5907).

1.5. "Business Day" means any day that is not a Saturday, Sunday or public holiday in NSW.

1.6. "Fees" means the Price together with any Additional Charges incurred by you relating in any way to this Agreement and the Services.

1.7. "Website" means your website designed, built and hosted pursuant to this Agreement.

1.8. "Campaign Scope" means the document entitled either "Scope" or "Proposal" provided by First Page Digital to the Client containing the Services, Price and the Term of the campaign.

1.9. "Intellectual Property" means the intellectual property attaching to the Services including copyright, patents, trademarks, design rights, and domain names whether registrable or not and whether registered or not.

1.10. "Confidential Information" means all the information provided by one party to the other in connection with this Agreement where such information is identified as confidential or ought reasonably to be considered to be confidential based on its context, nature or the manner of its disclosure, but excluding:

1.11. information that is in the public domain other than by a breach of this Agreement; and

1.12. information developed independently by a third party.

1.13. Without limiting the foregoing, Confidential Information includes the terms of this Agreement and the contents of the Scope or Proposal.

1.14. "Price" means the fees outlined in the Agreement

1.15. "You" and "Your" means the Client named in the Agreement

1.16. "Our", "Us", "CANGRO" and "We" means the "Consultant" CANGRO (ABN 60 4708 5907).

2.     The Client agrees that this agreement shall continue for the “term” from the date of this agreement. Once the “term” is reached, the campaign will continue to roll on until the Client provides the Consultant with 30 days written notice. In the event that the Client terminates the Consultant’s services within the “term” from the date of this agreement, the Client is required to provide the Consultant with 30 days written notice and agrees that they shall be liable for and pay the Monthly Fee for the balance remaining of the “term”.

3.     The Client shall give feedback within the timeframe as stated in the timeline provided by the Consultant to avoid delays. The Consultant reserves the right to terminate the agreement in any of the following circumstances:

3.1. the Client does not contact / respond to requests by email or telephone within ten (10) working days.

3.2. the Client's instructions deviate from this agreement and/or the Client refuses to pay any additional fees if required to do so for any additional work required.

3.3. the Client fails to provide content, and/or any additional information requested by the Consultant within the reasonable deadlines stated.

3.4. the Client has more than 1 outstanding invoice in the balance.

4.     In the event of any of the above-stated occurrences, the Consultant may terminate the agreement in writing. Should the Consultant proceed with a termination, the Client is responsible for the remaining balance to be fulfilled in the Agreement.

5.     The Client acknowledges that the Consultant makes no warranty that our service will guarantee any increase in traffic, sales, business activity, profits or any other form of improvement for the Client's business or any other purpose. The Client shall indemnify the Consultant for any damages or losses arising from or as a consequence of the provision of the Services.

6.     The Client undertakes to handle all personal data in the Website in accordance with the provisions of the Personal Data (Privacy) Ordinance, including but not limited to the following:

6.1. collect adequate, but not excessive, personal data by lawful and fair means only for lawful purposes related to the functions or activities of the Website;

6.2. take all reasonably practicable steps to ensure that the personal data collected or retained are accurate, having regard to the purposes for which they are to be used;

6.3. erase personal data which are no longer necessary for the purposes for which they are to be used;

6.4. use the personal data collected only for purposes or directly related purposes for which the data were to be used at the time of collection unless the individual concerned has given express consent for a change of use or such use is permitted by law;

6.5. take all reasonably practicable steps to ensure that personal data are protected against unauthorised or accidental access, processing, erasure or other use;

6.6. take all reasonably practicable steps to ensure that a person can be informed of the kinds of personal data that the Website holds and the purposes for which the data are to be used; and

6.7. permit persons to access and correct personal data of which they are the data subjects and process any such access/correction requests in a manner permitted or required by law.

7.     The Client warrants to the Consultant that it shall indemnify the Consultant for any breach(es) of personal data privacy claims.

8.     The Monthly Fee will be made by the Client to the Consultant by bank transfer. The Consultant shall commence to provide the Services herein to the Client upon receipt of the Client's first payment and thereafter the Client shall settle the Monthly Fees within 7 days upon receipt of ongoing invoices issued by the Consultant.

9.   Any agreement to engage the Services of the Consultant is made in accordance with Australian laws and regulations. The Services are considered entered into under the jurisdiction of the State of New South Wales, Australia. If any dispute arises between the Consultant and the Client, both parties irrevocably submit to the jurisdiction of the courts of the State of New South Wales, Australia.

10.   The client acknowledges that they will be limited to 3 rounds of revisions for all services. This includes, but is not limited to, target keyword approvals, content approvals, ad copy approvals, landing page design approvals. Any additional revisions past 3 rounds will be charged at $150 + GST per hour. Additional charges will need to be quoted by the Consultant and confirmed by the client before proceeding with the third round of revisions.

10.1 The client acknowledges that every round of revisions will be accompanied by delays in pushing the respective service/services live due to the provision of services.

Paid Media: Pay Per Click (PPC) & Paid Social

The following terms relate to the offer to supply Pay-Per-Click (PPC) / digital advertising services ("the Services") by "the Consultant" to the "Client" for the "Website".

1.     The Consultant agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to manage and attempt to improve the performance of the Client's advertising campaign(s) within the Search Engine and/or managing digital advertising on other platforms on platforms including, but not limited to: Google, Bing/Yahoo, Facebook, LinkedIn, WeChat.

2.     For the purposes of providing these services, "Client" agrees to provide where applicable:

2.1. Google Ads, Google Search Console, Facebook Business Manager, LinkedIn Ad Manager and Google Analytics access.

2.2. If applicable suggested keywords for ad targeting, as well as ad copy suggestions and creative assets, are shared with the Consultant by the Client. The Client warrants the Client has the unrestricted legal and/or trademark and patent rights to use the assets provided to the Consultant for digital advertising purposes in all the territories and/or countries targeted via digital ads. The Client also confirms that the Consultant has the right to act as an agent of the Client deploying said creative assets via digital advertising. If any of the creative assets provided by the Client to the Consultant can, for whatever reason, no longer be used in digital advertising, it is the sole responsibility of the Client to promptly inform the Consultant in writing via letter or official Consultant email. If the Consultant has produced creative assets (ads) for the Client (to be used in digital advertising promoting the Client's products or services), the Client will take the sole responsibility for promptly pointing out to the Consultant (in writing via official Consultant email addresses) any reasons as to why said creative assets cannot be used / run in digital advertising. These reasons include but are not limited to the use of non-approved brand language, the use of non-approved brand visuals or imagery, use of non-approved corporate identity. It is the sole responsibility of the Client to share brand guidelines, as well as lists of 'non-brand approved' terminology and jargon at the beginning of the cooperation between the Client and the Consultant.

2.3. The Consultant warrants that its own creative work (assets created for ads and copywriting for ads) is original and that it will not knowingly or negligently infringe the rights or intellectual property of a third party. It is the Client's sole responsibility to make all appropriate searches or enquiries in this regard at the appropriate time prior to the start of all work to be completed by the Consultant. Beyond the scope of this warranty, the Consultant shall have no liability to the Client in respect of any infringement or alleged infringement of intellectual property of any third party or passing off.

2.4. The Client acknowledges the following with respect to services:

2.4.1. The Consultant has no control over the policies of search engines with respect to the type of ads that are being served on the search engine and/or advertising platform and/or the sites and/or content that they accept now or in the future. "Client" site and keywords may be excluded from any website or search engine results page at any time at the sole discretion of the search engine and/or advertising platform.

2.4.1. It is the sole responsibility of the Client to inform the Consultant of keywords that should, for whichever non-performance related reason, categorically be excluded from targeting.

2.4.3. Media spend must be paid to Google, Bing/Yahoo, Facebook, LinkedIn, WeChat or any other advertising platform directly by the Client.

3.     The Client acknowledges that the Consultant makes no warranty that digital ads will generate any increase in sales, business activity, profits or any other form of improvement for the Client's business or any other purpose. If performance goal-related bonus components are mutually agreed by the Consultant and the Client, the Consultant will make reasonable efforts towards achieving said performance-related goals. This however does not warrant any guarantees that performance goals can and/or will be achieved.

4.     No liability whatsoever (except as provided by law) will be accepted by the Consultant for any damages or losses arising from or because of the provision of the Services.

5.     The Client acknowledges that the Consultant will invoice service fees for managing ads on Google, Bing/Yahoo, Facebook, LinkedIn, WeChat or any other advertising platform as per the stipulations outlined in the service agreement

6.     The Client acknowledges that the Consultant will provide an agreed, set number of ad variations for the clients' approval (this includes ad copies as well as creative assets used in digital advertising). Unless otherwise agreed by the parties, the standard ad revision is one round per ad. Subject to prior written Client approval any further rounds of revisions for a particular ad variation may incur an additional fee that will be added to the Clients' next invoice. Such additional fees need to be approved by the Client before the subsequent rounds of revisions are executed by the Consultant.

Landing Page

The following terms relate to the offer to supply Landing Page Design & Development services ("the Services") by "the Consultant" to the "Client" for the "Website".

1.     The Consultant agrees to provide the Client with the Services including:

1.1. A functional landing page per Client design brief.

1.2. Three round of design revisions.

1.3. Copy and imagery as provided by and agreed to by Client.

2.     The Consultant agrees to complete "the Services" within 14 business days, if "the Client" provides necessary approvals within 24 hours. "The Client" agrees that any delays in design, development and content approval will result in overall project delays.

3.     For the purposes of providing these services, the "Client" agrees to provide where applicable: channel page log in details, copy suggestions, images, branding files and documents.

4.     The Client acknowledges the following with respect to services:

4.1. The Consultant has no control over the policies of channels with respect to the type of sites and/or  content that they accept now or in the future.

5.     No liability whatsoever (except as provided by law) will be accepted by the Consultant for any damages or losses arising from or because of the provision of the Service.