TERMS AND CONDITIONS
Search It Local – ABN 21 426 486 497
(Last updated on 1st December 2020)
1.1 In these terms and conditions, unless the context otherwise requires:
Australian Consumer Law –
means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.
Consequential Loss –
means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.
Consumer Guarantee –
means a right or guarantee You may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
means the contract for the supply of services between Us and You consisting of the Order Form and these terms and conditions.
Initial Term –
means the initial term of the Contract described on the Order Form or Proposal.
means a written notice given in accordance with clause 7.
Order Form –
means the request for Services made by You and accepted by Us.
means:(a) the Price for the Packages as sent to You by Us the in an email time to time; or (b) if any other amount is agreed in writing between You and Us, then that amount.
any Package offered by Us that includes search engine optimisation services, Adwords, Websites, TLC or other services we provide.
means the services to be supplied by Us to You as described in the Order Form.
means the Initial Term or any subsequent Contract Term pursuant to any renewal of the Contract.
We, Us or Our –
means E Media Group Trading Trust as trustee for the E Media Group Trading Trust (ABN 21 426 486 497) trading as Search It Local.
means the website at www.searchitlocal.com.au.
You or Your –
means the person or company described as the client on the Order Form.
2. APPLICATION OF TERMS
2.1 The Contract applies to all services supplied by Us to You. The terms of the Contract may only be varied by written agreement between Us and You.
3. TERMS, RENEWAL AND TERMINATION
3.1 The Service Package is paid on a quarterly or monthly basis and is automatically renewed unless you give us notice in writing on COB the day before your renewal.
3.2 If the Services include a Adwords Package, unless You give Us prior Notice, at the end of the Initial Term and each subsequent Term the Contract will automatically renew for a further Term of three months.
3.3 If the Services include a SEO Package, unless You give Us prior Notice, at the end of the Initial Term and each subsequent Term the Contract will automatically renew for a further Term of twelve months.
3.4 If the Services include a Local SEO GMB Package, unless You give Us prior Notice, at the end of the Initial Term and each subsequent Term the Contract will automatically renew for a further Term of Six months.
3.5 If you wish to cancel your subscription you will need to give US NOTICE IN WRITING TO ANY NOMINATED EMAIL before close of business the day before your renewal date. If you fail to do so your subscription will be renewed for another subsequent term.
3.6 You may tell Us that You do not want to renew the Contract or that You want to change Your Package by giving us Notice at any time. Such changes will take effect as follows:
(a) in the case of Notice that You do not want to renew, the Contract will terminate at the end of the then current Term; (b) in the case of a change of Package that reduces the total amount of Services, the change will be effective upon renewal of the Contract for the next Term unless agreed otherwise between You and Us; and; (c) in the case of a change of Package that increases the total amount of Services, the change will be effective upon renewal of the Contract for the next Term unless agreed otherwise between You and Us.
3.7 We may tell You that we do not want to renew Your Contract or that We want to change the Services we provide to You by giving You at least 30 days Notice. Such changes will take effect as follows:
(a) in the case of Notice that We do not want to renew, the Contract will terminate at the end of the then current Term; (b) in the case of a change of Package that reduces the total amount of Services, the change will be effective upon renewal of the Contract for the next Term; and (c) in the case of a change of Package that increases the total amount of Services, unless set out otherwise in the Notice, the change will be effective immediately
3.8 You may place your contract term / marketing campaign on hold. Placing your contract / marketing campaign on hold will incur a fee. The pausing fee will be 50% of the regular payment and must be paid monthly until the end of the pause period. Before the campaign can be paused a new contract must be signed and a new ezidebit payment agreement. Once the agreed campaign pause period has ended, the original contract will be reinstated. All remaining unpaid months of the original contract must be paid according to the new dates. Your next payment date will be calculated by adding the pause period days to the last unpaid due date of the original contract.
4. PRICE AND PAYMENT
4.1 You must pay the Price that is current at the beginning of each Term in advance at the beginning of each Term by direct debit. You are required to enter into an agreement for this with Our nominated payment processor.
4.2 We may change our Prices and such Price change will be effective upon renewal of the Contract for the next Term. We will provide You with at least 30 days Notice of any Price changes that affect the Services supplied under this Contract. If You do not accept the Price changes, You may give us Notice that You do not wish to renew the Contract pursuant to clause.
4.3 Failure to comply with payments in your contract terms will result in delays with campaign delivery. If Search It Local are unable to collect payment for the agreed contract, Search It Local will send your information to a debt collection agency and credit rating agency. Collection fee’s will be added on top of the total contract amount.
5. GOODS AND SERVICES TAX (GST)
5.1 Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act.
5.2 Unless otherwise stated, any amount specified in the Contract as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
5.3 Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Contract.
5.4 If a third party makes a taxable supply and this Contract requires a party to this Contract (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
5.5 If an adjustment event arises in relation to a taxable supply made by a Supplier under this Contract, the amount paid or payable by the Recipient pursuant to clause 4.1 will be amended to reflect this and a payment will be made by the Recipient to the Supplier or vice versa as the case may be.
5.6 This clause 5 does not merge on completion and will continue to apply after expiration or termination of this Contract.
6. YOUR OBLIGATIONS
6.1 You must respond in a timely manner to all reasonable requests made by Us in relation to the provision of the Services. These include giving Us ongoing access to Your website, Your Google accounts, Facebook Accounts and any other online accounts that are relevant to the Services.
6.2 You must thoroughly review your Package once complete. There is a strict limit of one revision round. This includes but is not limited to landing pages, emails, Facebook Ads, Google Ads, and other materials included in the Package. Further revisions will incur a fee at $110 per hour (including GST).
6.3 If we do not receive notice to approve campaign-related decisions (including but not limited to offers, copy approval and asset approval) within 10 working days of initial contact, we reserve the right to make approvals and proceed with your campaign. We will provide you with reasonable advance notice of this via the email address associated with your account. If, after such notice, you fail to reply, approval will be granted by us and we will advance your campaign on your behalf
7.1 ALL CANCELLATIONS WILL NEED TO BE DONE IN WRITING TO ONE OF OUR NOMINATED EMAIL ADDRESSES. If you wish to cancel your subscription you will need to give Us Notice before close of business the day before your renewal date. If you fail to do so your subscription will be renewed for another term.
7.2 We may give a Notice to You by email to the email address nominated on the Order Form. Unless proven otherwise emails (including any attachment) are deemed to have been delivered at the time the email is sent unless We receive a notification of delivery failure within 24 hours.
8. WARRANTY AND LIABILITY
8.1 We make no warranty that search engine optimisation will generate any increase in sales, business activity, profits or any other form of improvement for Your business or any other purpose. Although We will use due care and skill in providing search engine optimisation services.
8.2 With the exception of Consumer Guarantees, We exclude: You may tell Us that You do not want to renew the Contract or that You want to change Your Package by giving us Notice at any time. Such changes will take effect as follows:
(a) any term, condition or warranty that may otherwise be implied into this Contract; (b) any liability for loss or damage incurred as a result of or in connection with the Our negligence; and (c) any liability for Consequential Loss.
8.3 Our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited to (at Our option) to supplying the Services again or payment of the cost of having the Services supplied again.
8.4 The ‘Search It Local’ guarantee ‘Don’t pay the management fee till you get your first lead’, guarantees customers who offer a service will receive leads from the ad platform promoting their service. If the customer does not receive any leads from the advertising platform promoting their services, then the client will not pay the management fee until the first lead is generated. A lead is considered a internet user who submits their contact information into the clients lead form. The lead form will be hosted on the customers website, third party websites or the advertising platforms used in the advertising campaign. Search It Local do not guarantee any leads will become customers of the clients service.
8.5 ‘Search It Local’ will attempt to contact you via email, phone calls, and SMS for a period of 14 days in regards to the approval of campaign creative assets and funding to the respective advertising platforms. Should you not respond to our attempts to communicate, all Consumer Guarantees will be voided and monthly or quarterly payments shall commence.
8.6 As apart of the SEO service (also known as local SEO, GMB SEO, Offsite SEO) ‘Search It Local’ offers a 90 day guarantee. The ’90 day guarantee’ assures ‘Search It Local’ customers business website or Google My Business listing appears on page one of the Google search engine results page when a Google user types in keywords relevant to services and locations of the business (the customer) being promoted. If ‘Search It Local’ does not place (rank) the business website or Google My Business listing on page one of the Google search engine results page for keywords relevant to the services and locations of the business (the customer) within 90 days, ‘Search It Local’ will pause all payments for the SEO service and work for free until the business is on page one of the Google search engine results page for keywords relevant to the services and locations of the business (the customer). The 90 day guarantee begins once the customers Google My Business profile has been verified by Google. If the customer has chosen to promote a pre-existing Google My Business profile, then the 90 day guarantee begins as soon as the scope of work is signed and agreed.
8.7 The 90 Day Guarantee will be voided for any of the following reasons:
- If the website has been penalised by Google
- If the website has been hacked
- If the website is not mobile friendly
- If the website takes longer than 5 seconds to fully load
- If the customer or any 3rd party changes the webpages we optimised as part of the campaign
- If your domain name is less than 6 months old
- If your domain name has not had a website for longer than 6 months in the entire time that you’ve owned the domain
- If we have been restricted from accessing your website
- If we have been restricted from accessing your Google data
9.1 If You default in performing Your obligations under the Contract and We incur expenses in enforcing our rights (for example and without limitation, expenses incurred by Us in recovering any moneys owed by You to Us), You must pay those expenses to Us on demand, including all legal costs on a full indemnity basis.
9.2 Third party campaign costs are not included in any ‘Search It Local’ service offerings. Third party campaign costs include Advertising fees, software fees and any other service that is used during your marketing campaign. All third party application and advertising costs must be paid directly to the Ad platforms and software companies providing these services. ‘Search It Local’ will not be held responsible for non-payment, account suspension or campaign performance. Third party service costs include
- G-suite monthly fees estimated at $9 per month.
- Automation Software (Integromat) – $13/month
- Facebook or Google Ad Spend – (recommended $3000 per month – $1500 per month minimum)
9.3 Minimum monthly third party advertising budgets are non-negotiable. As your hired marketing agency, ‘Search It Local’ have a strict policy imposed on all paid online marketing campaigns. The minimum monthly Advertising spend is paid directly to the chosen advertising platform and is paid for by the you, the company hiring ‘Search It Local’. The minimum monthly Advertising spend is enforced to ensure your marketing campaign has the greatest potential of success.
10. UNANTICIPATED EVENTS
10.1 We may cancel or suspend delivery of any of the Services in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.
11. Lead Information & Third Party Software
11.1 The client will retain and own all lead information generated during and after the campaign has ended. This includes information such as, the lead name, email, phone number, website and any other relevant information collected from forms and software.
11.2 The client will retain access and ownership of any third party software accounts created during the campaign, such as, hubspot, zapier, getresponse, integromat, g-suite or calendly accounts.
12. Product and Service Exclusions
12.1 All landing page copywriting, design and development is the intellectual property of ‘Search It Local’ excluding any company logos or trademarks used as part of the marketing campaign. The monthly, quarterly, bi-annually or yearly management fee paid to ‘Search It Local’ covers the cost of renting the landing page copywriting, design and development created by ‘Search It Local’ as part of your marketing campaign.
12.2 Landing page copywriting, design and development can be purchased separately at the end of your campaign if you wish to discontinue your advertising with ‘Search It Local’. All costs associated with purchasing the intellectual property of the landing page copywriting, design and development will be quoted separately, upon request.
13.1 The Contract constitutes the entire agreement between Us and You for the supply of Services.
13.2 The Contract will be governed by the law of New South Wales. Both We and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.
13.3 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
13.4 Neither Our failure nor Your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
13.5 I understand that this agreement is ongoing and will automatically renew for the next subsequent unless I provide notice of my termination of the agreement prior to the expiry of the term. I understand that the price for each term will be automatically debited from my account at the beginning of each term.
13.6 I have read the Search It Local Terms and Conditions and agree to be bound by them.
Cancellation Terms and Conditions
We value your time, our time & the service that we provide.
We request that payments for all services are made prior to the commencement of work on your chosen service. If you choose to cancel your services AN APPLICABLE CANCELLATION FEE WILL BE APPLIED AND MUST BE PAID ON THE SAME DAY OF CANCELLING.
Our cancellation fee is scaled depending on how far into the service contract you are when you choose to cancel.
See below for applicable cancellation fees:
(Time Period A)
Cancellation within 1 week: A cancellation fee of 45% of the total service cost for one contract term.
(Time Period B)
Cancellation within 2-3 weeks: A cancellation fee of 60% of the total service cost for one contract term.
(Time Period C)
Cancellation after 3 weeks: The full service cost of the contract term will be applied.
All cancellations MUST BE SENT IN WRITING to email@example.com. You will receive a confirmation of cancellation. If you do not receive a confirmation within 48hrs, your request to cancel may not have been received and is not applicable. Therefore, you must re-send your request.
You may call us to ensure we have received your cancellation request, however, verbal cancellations will not be accepted.
If your second cancellation request is past the initial time period of your first request, you must provide a screenshot of the previously sent email, including a date stamp, for it to be considered.
The service we provide is to the business you own or manage, therefore, we cannot waive cancellation fees due to personal circumstances.
Renewed Contracts Cancellation
Cancellation of contracts that have renewed will incur a fee of the total remaining unpaid fees for the contract period.
By signing below you are agreeing to this Service Proposal to the value and scope of the option selected prior by you the client within this document (refer to step 1 on the proposal ). You acknowledge that you are entering into a contractual agreement with Search It Local from the signed date below.
You also accept that you have read and fully understand Search It Local’s Terms & Conditions as out- line in this document. You understand your responsibilities in relation to them and that your service with Search It Local will periodically auto-renew once the terms of this service have been completed.
SPECIFICALLY, THAT A SEARCH IT LOCAL TLC SERVICE IS A SUBSCRIPTION SERVICE THAT IS BILLED MONTHLY FOR THE TERM DURATION SPECIFIED BY YOU DURING THE PURCHASE PROCESS (ANNUAL, 6 MONTHLY OR QUARTERLY). YOU ARE ALSO AWARE THAT THIS SERVICE WILL AUTO-RENEW AT ITS TERMS COMPLETION FOR A FULL NEW TERM OF THE SAME DURATION WITH ALL THE ASSOCIATED COSTS.
You understand that should you wish to NOT RENEW your TLC subscription you MUST send us a cancellation request IN WRITING as outlined on our Cancellation Terms And Conditions policy page within this document before the renewal date.