Terms & Conditions
Effective as of 1 June 2015
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
In short, the following terms apply to all agreements entered into with Big Head Digital and all services provided by Big Head Digital 73 163 102 412. The Services include but are not limited to social media management, website optimisation services, email marketing services, digital consultancy, and online advertising services and are outlined in detail in your proposal.
What do both parties agree to do?
As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out within our proposal.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
The Brief / Our Intake Forms
We will put forward a strategy and plan of execution which you will agree to before we setup any campaigns or activities.
We create our campaigns based on your requirements so it’s crucial that we understand your requirements and to do so we will ask that you complete a client brief or intake form depending on the work required.
It’s your responsibility to carefully prepare and send us a detailed description of your requirements in the Client Brief document we provide to you, including any images or content you would like us to include as well as any relevant deadlines. It’s your responsibility to ensure that the briefing document you provide us is accurate, complete, clear and relevant to the work you’d like us to complete. We may reject any Client Brief or revision, at our own discretion.
We will outline in our proposal the number of images or content that we will provide. Revisions may require additional time or scope which will be estimated in advance at that time.
We will setup up online advertising campaigns and deliver Google paid search traffic to your website. If paid search traffic cannot be delivered to the website in question due to the editorial policies of the search engines regarding the acceptance of advertiser web properties, then the client will be notified of the situation in writing. We are not to be held liable in this situation.
Costs associated with media and clicks generated from running this service, may be charged directly by search engines. You authorise Big Head Digital to provide your credit card details to the search engines for this purpose. These fees will appear as separate charges on your credit card statement. You agree that we are not responsible or liable for any incorrect payments charged to you by third party search engines. You agree that you will communicate directly with the relevant search engine should any incorrect charges be made on your credit card or to your bank account by a third party search engine.
All Google AdWords accounts set up by Big Head Digital are the property of the client and will be provided to the client upon cancellation of their Big Head Digital advertising service.
You must comply with the search engine guidelines for Google AdWords Campaigns, which can be found at https://support.google.com/adwordspolicy.
Facebook – Media Campaigns
We will setup up online advertising campaigns and deliver Facebook paid search traffic to your website. If paid search traffic cannot be delivered to the website in question due to Facebook’s editorial and advertising policies regarding the acceptance of advertiser web properties, then the client will be notified of the situation in writing. We are not to be held liable in this situation.
Costs associated with media and clicks generated from running this service, may be charged directly by Facebook. You authorise Big Head Digital to provide your credit card details to the Facebook for this purpose. These fees will appear as separate charges on your credit card statement. You agree that we are not responsible or liable for any incorrect payments charged to you by third parties like Facebook. You agree that you will communicate directly with Facebook should any incorrect charges be made on your credit card or to your bank account by a third party search engine.
All Facebook Media accounts set up by Big Head Digital are the property of the client and will be provided to the client upon cancellation of their Big Head Digital advertising service.
You must comply with the search engine guidelines for Facebook Campaigns, which can be found at https://www.facebook.com/policies/ads/
Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for services we provide. Nor do we guarantee your website or applications will be error free on our or a third party’s servers. We are not responsible for any loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Big Head Digital, or employees, partners or suppliers.
We will not guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so will not be liable to you or any third party for damages, including lost profits, expenses, costs, lost savings or other incidental, consequential or special damages arising out of the operation of, or your inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You shall assume responsibility for all costs, expenses, legal fees and costs, and interest incurred by us arising out of any default in payment or violation of the terms of this contract.
This policy is governed by the law of Western Australia. Each party submits to the exclusive jurisdiction of the courts of Western Australia. This policy embodies the entire understanding and agreement between the parties as to the subject matter of this policy.
We may disclose confidential information internally as a part of the campaign management or project development. Such information shall not be disclosed to third parties by the receiving party.
You may terminate the agreement by giving 30 days written notice to Big Head Digital. If work on the project is postponed or stopped at your request, Big Head Digital shall have the right to bill pro rata for work completed thus far. This shall be payable within 14 days of your written notification to stop work.
We reserve the right to review these terms and conditions at any time. Existing agreements in place will be bound by the terms and conditions in place at the time of the contract execution unless the new terms are agreed in writing by both parties.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside of Big Head Digital’s control and could result in a breach of security. You hereby expressly waive any claim against Big Head Digital arising out of the loss of data through corruption, piracy, and breach of security or for any other reason.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project.
Pricing and Billing
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
All invoices are due within 14 days after receipt. Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after receipt of finished product. We may ask for 50% payment up front for specific jobs. We will notify you of this in our proposals.
All quoted prices are in Australian dollars and exclude GST unless otherwise noted. Tax invoices will be sent upon payment.
We are entitled to recover any costs, fees and charges (including legal costs) incurred in recovering any amounts owed by you to Big Head Digital. Without limitation to the above, we will on-charge any administration fees incurred for any dishonoured cheques.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. 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..This policy is governed by the law of Western Australia. Each party submits to the exclusive jurisdiction of the courts of Western Australia. This policy embodies the entire understanding and agreement between the parties as to the subject matter of this policy. Everyone should sign above and keep a copy for their own records.
These terms can be found on our website and are deemed to be accepted upon approval of any work with Big Head Digital Pty Ltd (ABN 73 163 102 412)
BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO SERVICE FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.