19 Search Engine Ads
This entire clause 19 relates to the Search Engine Ads service.
19.1 Representations by us
19.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 19.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 19.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
- We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
- The Search Engine Ads service allows for advertising for your business/product/service to be placed on the Google Adwords program. We will act as a virtual media agent on your behalf.
- We reserve the right to reject or deny any order of service where you have had an active Google Adwords account within 90 days prior to submission of order.
- It is your responsibility to ensure the information provided to our Customer Support Representative (CSR) is accurate, accessible and optimal to your advertising requirements. Our CSR may provide you suggestions and advice regarding achieving optimal results from your Search Engine Ads service. Setup and alterations may be made with or without your written consent and may be considered to be against your ideas, wishes and directives. It is your responsibility to frequently review the service to ensure it is working to your satisfaction.
- We may utilise information, terminology, keywords and other material from your website and business collateral to create the advertising content. By engaging in this service you warrant that all content available does not contain or is not of a nature to be considered; illegal, in breach of copyright, infringe on intellectual property, sexually explicit, offensive, violent and/or discriminatory in any way relating to race, gender, religion, nationality, disability, sexual orientation, age or radical political. Such information could both yield to suspension or termination of service with providers required to operate this service and we nor our providers shall take no liability for such instances. By processing an order of service you acknowledge and agree to abide by partner policies including, but not limited to; https://adwords.google.com/select/tsandcsfinder.
- Due to the automated nature of the systems utilised to provide this service there may be instances in which we have no control over the specific keywords which your account bid on. It can occur that your ads appear on competitor keywords or trademarks
By processing an order of service, you acknowledge that there is no control over this and as such we and our providers hold no liability over and repercussions which occur as a result of this.
- Our Search Engine Ads Service operates on two elements from a client cost factor, a service fee and a monthly budget. The service fee covers the provision of the service both from a perspective of direct CSR consultation/management and the software/reporting and provider management. This fee is non-refundable in any and all instances. The monthly budget is an amount specified by you on sign up and on update of your account. This amount specifies the value to which we can commit to the advertising service.
The service fee is paid in full for the selected term in advance of service provision. The monthly budget is paid in full for the upcoming calendar month in advance of service. Credit card details are stored securely to allow for simple and efficient pre-payment for the coming calendar month budget. Please note: As part of the ongoing account maintenance and optimisation, a 10% fee is charged on your spend budget. This fee accounts for CSR resources to manage, fine tune and optimise your account to drive better value and outcomes for your needs. The amount is automatically drawn from the chosen budget and will be reflected on invoicing and reports. Changes to the budget must be made 3 business days prior to the end of the calendar month for it to be effected towards the following month. If a change is registered less than 3 business days prior to the end of the calendar month the previous budget shall apply. If an allocated budget is not fully utilised within a calendar month, the remaining amount shall be rolled over to the following month. If you choose to alter the budget to zero, providing it complies with the above 3 business day rule, no budget will be allocated to the following calendar month and as such no roll over would be recorded. In such instances, the service fee is not refundable. If the service expires and there is funds remaining from the ultimate month of service, any roll over shall be forfeited.
- You will be provided/have access to accurate and up to date reporting which will allow you to track the success of your campaign. As the keyword targeting is automated, we will not be able to include/exclude any keywords shown in our online report.
- Although we will make every effort to ensure customer satisfaction within the bounds of this product and service, we, nor our partners warrant or guarantee, express or imply, neither directly or indirectly, that this service:
- Will result in increased traffic, revenue, profit, goodwill, website ranking or any other indicator towards the success of your website or business.
- We are not responsible or liable for any damage suffered by any person, directly or indirectly, through your use of the Service
- Contract term begins from the date of order of service unless otherwise specified. You must allow reasonable time for the account to be established and setup. We may require further information from you in order to setup or maintain the service. We shall not be liable in any respect due to delays in obtaining necessary instruction or feedback.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilised to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund,
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit over payments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause 19.1.1(a), (b) and (c) in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
19.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this time frame. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 19.2.1 of this Agreement. Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
19.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
- We deem your use of our services may jeopardise the operation of the service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 19.2. If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice.
- Any amounts paid by you in advance are forfeited upon the termination of your account.
We reserve the right to suspend or terminate your access to Search Engine Ads, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;
- If you breach these Terms;
- You or any person using your account, whether with consent or not, misuses the Service;
- Incorrect information given by you to us;
- There are reasonable grounds for us to suspect any of the above.