Terms of Service

General
These Terms of Service (“Terms”) govern the agreement between you (the “Client”) and imexpert ABN 54 696 692 160 (“Company,” “we,” “us,” or “our”), an Australian digital marketing agency. These Terms set forth the rights and obligations of both parties regarding the provision of digital marketing services (“Services”), which are provided on a retainer basis to ensure efficient time management and consistent service delivery.

Acceptance of Terms
By registering for, accessing, paying for, or using our Services, you are entering into a legally binding agreement governed by these Terms. If you do not agree to these Terms, you must not use our Services.

Services
We agree to provide the Services to the Client as specified in the agreement or proposal provided to the Client. Services may include, but are not limited to, social media management, content creation, search engine optimisation, online advertising, and other digital marketing activities. Our Services are provided on a retainer basis, meaning time is reserved for the Client’s campaigns, regardless of whether they are actively running or temporarily paused. This ensures we are available to support both ongoing and future needs.

Retainer Specifics

1. Retainer Structure: Services are billed on a retainer basis, which covers a fixed number of hours or services per month. The retainer allows the Client priority scheduling and ongoing access to our expertise.
2. Campaign Pauses: If campaigns are temporarily paused, retainer fees will still be charged to reserve time for the Client’s account. This ensures that we are available when campaigns resume.
3. Unused Hours: Unused hours within a month will not carry over to the following month, as retainer time is allocated for the upcoming month’s needs. Any additional hours beyond the retainer scope will be billed separately.
4. Flexibility: Should the Client’s needs change, we are happy to review and adjust the retainer to accommodate any modifications in scope or service volume.

Reporting
We provide live reporting at https://clients.statsnthat.report/login and quarterly reporting upon request. Additional or custom reports are billable at $150 per hour.

Payment Terms
The Client agrees to remit payment for the Services according to the payment schedule specified in the agreement. All fees are payable in Australian dollars and are exclusive of GST. Payment terms are between 7-14 days from the receipt of the invoice. Retainer fees are due upfront at the beginning of each billing cycle.

Consequences for Late Payment
4.1. In the event that payment is not made in accordance with our payment terms, and without prejudice to any other rights we may have, we reserve the right to suspend the provision of Services until full payment is received. Prompt payment is therefore essential to avoid any disruption to the Services provided by us.

4.2. Should payment remain overdue by 90 days or if three invoices remain unpaid (delinquent), imexpert will suspend services and issue a final notice. This course of action assumes the Client has failed to communicate with imexpert or its account team. While we are amenable to arranging payment terms, in instances where no communication is forthcoming, we will either attempt payment using a stored payment method or, failing this, refer the debt to a third-party debt collector. We employ Xero to monitor the delivery and open rates of our invoice emails, and should these reports indicate that emails have been delivered and read, we will proceed accordingly. This measure is considered a last resort.

4.3. Repeated failures to remit payment will result in attempted collection through the payment method on file or referral of the debt to a third-party debt collector.

4.4. Payment of the first invoice constitutes acceptance of these Terms of Service.

Term and Termination
The term of this agreement is outlined in the specific agreement or proposal provided to the Client. Either party wishing to terminate the agreement must provide written notice at least 21 days before the next invoice date (“Notification Period”). The Notification Period commences on the day written notice of termination is received by the other party. During this period, all obligations under these Terms remain in force. Failure to provide notice within the 21-day period may result in continued billing for services during the transition period. Please note that the retainer fee is non-refundable upon notice of termination.

Intellectual Property
All materials, including but not limited to graphics, texts, software, music, sound, photographs, videos, and other materials created or used in the course of providing the Services, are the property of the Company. The Company grants the Client a non-exclusive, non-transferable license to use the materials solely for the Client’s business purposes.

Confidentiality
Both parties agree to maintain the confidentiality of all confidential information received from the other party and to use it solely for the purpose of providing or receiving Services.

Liability
The Company shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of or in connection with the Services, even if the Company has been advised of the possibility of such damages. Furthermore, the Company holds no liability for the performance of ad campaigns, as results can be influenced by numerous factors beyond our control, including but not limited to market conditions, user behaviour, competition, and changes in digital platform algorithms.

Ad Campaign Performance
The Company accepts no liability for the performance of ad campaigns, as they may be impacted by a variety of factors beyond our control. These factors include, but are not limited to, market conditions, user behaviour, competition, and changes in digital platform algorithms.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia. The parties submit to the exclusive jurisdiction of the Australian courts.

Amendment
We reserve the right to modify these Terms from time to time. We will notify the Client of any changes, and continued use of our Services following such notification constitutes acceptance of the revised Terms.

Creative Copy Submission
In the event that the Client does not provide the necessary ad creative, we will utilise assets already owned by the Client and cannot be held accountable for the accuracy. Forms are available on the imexpert.au website for submitting creative copy in the required formats.

These Terms were last updated on 14.05.2024

By using and paying for our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.