Terms & Conditions
Subscription based Clients:
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.elevatedigital.com.au website operated by Elevate Digital Co Pty Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By Ticking the ‘I’ve read & accepted the terms & conditions’ box on our website upon sign up you are legally bound to the Terms & Conditions as outlined in these documents.
Legal Agreement:
This agreement shall be a legal agreement between Client and Elevate Digital Co Pty Ltd. The agreement shall constitute the entire agreement between Client and Elevate Digital Co Pty Ltd in relation to the Services and the subscription agreement and it shall not include any terms and conditions of Client (including on any purchase order or other document submitted by Client) unless agreed to in writing by Elevate Digital Co Pty Ltd.
Purchases/ Payment:
Upon signing up the initial set up fee will be charged directly to your credit card, our services will not commence until your nominated payment method has been successfully charged.
The initial set up fee is completely non-refundable.
Subscription Clients:
Elevate Digital’s Services are billed on a subscription basis (“Subscription(s)”). You will be billed in arrears on a recurring payment schedule, you will be billed again 1 month after the date of sign up.
Elevate Digital Co Pty Ltd will automatically charge your nominated credit card monthly for our monthly management fee unless a different agreement has been agreed upon by both Elevate Digital Co Pty Ltd & The subscriber (in writing)
Elevate Digital Co Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.
Pausing Elevate Digital Management
If you wish to pause your management with Elevate Digital Co Pty Ltd we require 1 weeks’ notice via email. The maximum pause time period is 4 weeks unless an alternate agreement is reached between Elevate Digital Co Pty Ltd & The Subscriber.
All paused clients will have a resume date as discussed with the client manager upon the pause request. At the end of the pause period a representative of Elevate Digital Co Pty Ltd will contact the subscriber to resume the service, if for whatever reason the subscriber no longer requires Elevate Digital Co Pty Ltd services a 4 week cancellation fee will be charged to the subscriber.
If Elevate Digital Co Pty Ltd are not able to make contact with the subscriber when the service is meant to resume (at the end of the pause date period) the subscribers service will be cancelled, an email will be sent to the subscriber & 4 weeks cancellation fee will be charged to the subscriber.
Termination of Service (Subscription client):
If you wish to cancel/terminate your Elevate Digital management service, please advise us in writing. We do require 1 Months’ notice & at this time 1 full monthly payment will be charged. We will continue to service you for this 1 month period until the agreement is completely finalised.
Upon cancellation/ termination your agreement with Elevate Digital any outstanding monies will need to be paid within 7 days.
Elevate Digital Co Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.
Sub-minimum terming:
Elevate Digital Co Pty Ltd Reserves the right to employ/ hire a sub-minimum termor (company or person) for the production or work for any of our clients at our sole discretion.
Advertising Management Service T&C’s
Google Ads:
While Elevate Digital Co Pty Ltd is managing your Google Ads account the following terms and conditions apply: –
By entering this Agreement with Elevate Digital Co Pty Ltd you give us permission to access your Google Ads account for the purposes of copying, optimisation and management of your online business.
Elevate Digital Co Pty Ltd will endeavour to set up your Ads accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account or longer if the client is uncontactable.
we may create a Google Ads account on your behalf, including Google analytics if required (Ads Account);
You will have admin access to the Ads Account at any time during the Agreement, thereafter termination of the Agreement access will be handed back to the subscriber.
If you decide to cancel our management services, you will need to pay out your minimum term with us within 7 days. Otherwise your agreement/ minimum term will automatically renew at the term date unless Elevate Digital Co Pty Ltd is advised of your intention to cancel prior to your minimum term end date.
Elevate Digital Co Pty Ltd Management service is a separate service from the “per click” fees that Google Ads will charge you. Cancellation of your management does not automatically stop your Google Ads advertising from running and incurring Google Ads “per click” fees. You are solely responsible for all charges by Google. Elevate Digital Co Pty Ltd will not be liable for any amounts that Google charges you during the management period or following the cancellation of your management with Elevate Digital Co Pty Ltd.
Please note that: –
(a) Elevate Digital Co Pty Ltd is not Google, Google Ads, Facebook/ Instagram, Yahoo or Bing
Elevate Digital Co Pty Ltd will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Elevate Digital Co Pty Ltd does not guarantee any particular rate of return or performance of any online advertising on Google Ads (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google Ads account for your business and/or websites.
Elevate Digital Co Pty Ltd is providing an internet marketing service for a competitive price. Elevate Digital Co Pty Ltd is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
(a) Elevate Digital Co Pty Ltd will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of minimum term, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses.
These Terms and Conditions can be modified at any time by Elevate Digital Co Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Facebook:
Elevate Digital Co Pty Ltd takes no responsibility for replying to messages/ comments/ engaging with followers on clients Facebook pages.
Elevate Digital Co Pty Ltd in conjunction with the client will create & run ads for specifically targeted audiences at the clients cost per click/ view.
Facebook is a separate entity/ company to Elevate Digital Co Pty Ltd & all costs incurred within Facebook are of the client’s responsibility.
Landing Pages:
All landing Pages are the property of Elevate Digital Co Pty Ltd.
Elevate Digital Landing Pages are included in certain packages & are also available for a separate fee as an additional item/ service with Elevate Digital Co Pty Ltd.
If at any time you choose to cancel/ terminate your service with Elevate Digital, the landing page will be removed/ taken down within 14 days from the cancellation date.
If you wish to continue to use the landing page provided by Elevate Digital, there is a $19 Per week hosting fee attached to the Landing Page.
Search Engine Optimization (SEO)
Service:
This agreement is hereby entered into between Elevate Digital Co Pty Ltd (hereinafter referred to as “we”, “us”, “SEO”, “our”) and Yourself hereinafter referred to as “Client/ subscriber”, “you”).
Elevate Digital Co Pty Ltd agrees to provide the client with Search Engine Optimisation (hereinafter referred to as “SEO”, “Optimised Content Marketing”). We are authorised to use the specific keywords and/or phrases for developing and improving the natural visibility of the Client’s site(s), in the search engines (Google, Bing, Yahoo & other Search Engines).
Elevate Digital Co Pty Ltd will endeavour to provide Service to the Client within a reasonable time frame. Elevate Digital Co Pty Ltd is not liable for any delays.
Subject to the following and any express restriction in our Offer, we will provide Services to optimise your website (SEO Service), in accordance with the performance guarantee and timeframe specified in our Offer (SEO Guarantee). We guarantee to rank at least 1 keyword group consisting of 5 key phrases that are extensions of one another, for example “Digital Marketing” equalling the keyword group and a keyphrase being “Digital Marketing Brisbane”. If we do not achieve an SEO Guarantee within the relevant timeframe, we will continue to provide the SEO Service without further charge during the term of this Service until that guarantee is achieved.
You agree that:
The Term of the SEO Service is month to month.
The SEO Guarantee does not apply where:
a. a new domain has been implemented without an existing domain redirecting to it; and
b. you modify or remove the “on-page” optimisation work (including theme files and scripting) implemented by us.
c. the SEO Guarantee commences when we notify you that “on-page” optimisation (including content approval by you) is complete;
d. We make no warranty that the SEO Service will generate any increase in your sales or business activity;
e. you will not hold us liable for any loss or damage arising from the SEO Service (other than as a result of our negligence);
f. SEO Service is governed by many factors which are outside our control and may affect the ranking of your website/ overall performance of SEO, including if:
g. your website has poor or duplicate content, is on an SEO unfriendly content management system (CMS), is suffering from a penalty (either automatic or manual from Google), has an unnatural link profile or is hosted on a slow or blacklisted server; or ii. we cannot get access to your website and/or its CMS;
h. Google continually updates its search algorithms, which may change the operation of any SEO Service resulting in a negative impact on your website rankings. In these circumstances, we will endeavour to rectify any negative impact as quickly as possible, but give no warranty that rankings will improve. In rare circumstances, we may have to move your website to a new domain to remove a penalty (and if so, you must accept this recommendation and agree to pay any associated costs for any SEO Guarantee to be applicable); and i. we may place in each footer of your web pages (or mobile applications) our “Digital Marketing by Elevate Digital” link.
These Terms and Conditions can be modified at any time by Elevate Digital Co Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Definition of SEO:
SEO is short for search engine optimization. Search engine optimization is a methodology of strategies, techniques and tactics used to increase the amount of visitors to a website by obtaining a high-ranking placement in the search results page of a search engine— including Google, Bing, Yahoo and other search engines.
Please note Search Engine Optimisation does not include web design work or website changes. This service is available at an additional cost of $140 per hour or a quote can be given when requested.
Disclaimer of Warranties:
Elevate Digital endeavors to get the client’s website ranking as high as possible on all search engines however we offer no guarantee you will rank in position one/ page 1.
Client acknowledges and understands that a website’s rankings may go down/backwards for many reasons. Client agrees if this were to happen, Elevate Digital Co Pty Ltd will not be held liable for this and no refunds or discounts will be given.
Elevate Digital Co Pty Ltd is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Elevate Digital Co Pty Ltd makes no guarantee that Search Engine Optimisation will generate any increase in sales, business activity or profits for your business.
The client agrees to give Elevate Digital Co Pty Ltd access (usernames/ passwords) to all relevant website related information for the purpose of Search Engine Optimisation to be performed in a timely manner.
Elevate Digital Co Pty Ltd takes no responsibility for any errors which may occur on the clients website which may result in down time for the clients website.
Elevate Digital Co Pty Ltd will also not take responsibility for clients amending their own websites, this is performed at their own risk.
Payment Terms:
Elevate Digital Co Pty Ltd will charge an initial set up fee for Search Engine Optimisation, no work will be commenced until this fee is successfully charged to your nominated card.
Elevate Digital Co Pty Ltd will then charge your nominated authorised credit card 7 days later on a subscription basis, a month in advance for our Search Engine Optimisation service. This payment is an ongoing automatic payment from your nominated credit card until such time you have notified Elevate Digital Co Pty Ltd of your intention to cancel the service.
Elevate Digital Co Pty Ltd will continue to provide you with Search Engine Optimisation service while there is an agreement in place providing the billing is up to date with no outstanding monies.
Termination of Google Ads Service:
You must notify Elevate Digital Co Pty Ltd by phone or email if you wish to cancel the service. Elevate Digital Co Pty Ltd requires 1 Months’ notice for all Google Ads cancellations.
Elevate Digital Co Pty Ltd will still perform Google Ads optimisation services during this notice period providing Elevate Digital Co Pty Ltd still has access to all relevant accounts.
Elevate Digital Co Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Termination of SEO Service:
You must notify Elevate Digital Co Pty Ltd by phone or email if you wish to cancel the service. Elevate Digital Co Pty Ltd requires 1 Months’ notice for all Search Engine Optimization cancellations.
Elevate Digital Co Pty Ltd will still perform Search Engine Optimisation services during this notice period providing Elevate Digital Co Pty Ltd still has access to all relevant accounts.
Elevate Digital Co Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Changes to T&C’s & Pricing:
These Terms & Conditions including pricing can be modified at any time by Elevate Digital Co Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Contact Us:
If you have any questions about these Terms, please contact us immediately.