Terms & Conditions
In this Agreement the following words have their corresponding meanings:-
Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
Pay per Click campaigns are managed on different advertising platforms. Pay per Click platform refers to Advertising Platforms such as Google, Bing, Facebook, Twitter, LinkedIn, Snapchat, Outbrain, Taboola and so on.
I, You, Your / Account Holder means ‘your company' or ‘you as an invididual' as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / Us means Digital Domination Pty Ltd ABN 31 150 337 956 trading as Digital Domination.
1. The Set Up and Launch fee is payable in full before the setup of your Pay per Click accounts and other itemized work will begin.
2. The Management Fee for your Pay per Click campaigns will be charged in advance on a recurring monthly basis with the first payment date as the date your campaign is launched.
3. Digital Domination will invoice you the Pay per Click management fee, on the same date every month.
4. Digital Domination's payment terms are 14 days. Should your account remain outstanding past its due date, Digital Domination reserves the right to apply a 3% monthly charge, calculated daily. If your account is passed in for collection, any associated costs and legal fees will become the liability of you, the client.
5. Digital Domination reserves the right to stop managing your Pay per Click accounts and terminate this Agreement at any time by written (or email) notice to you. If this occurs, your monthly management fee will stop immediately and no further payments will be charged.
6. If you wish to suspend or cancel the management of your Pay Per Click accounts at any time then please let us know by email at least 21 days in advance of terminating the agreement.
7. Upon cancelling your Pay per Click management, all amounts owing to Digital Domination will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
8. All payments in this Agreement are Australian dollars.
9. Digital Domination reserves the right to pause Pay per Click advertising on any platform it manages on your behalf if invoices are more than 7 days overdue.
General Pay Per Click Advertising Terms & Conditions
Whilst Digital Domination is managing your Pay per Click account/s the following terms and conditions apply:-
10. By entering this Agreement with Digital Domination you give us permission to access your Pay per Click accounts for the purposes of optimisation and management of your advertising platform.
11. If you decide to cancel our management services with us you will need to pay out your contract with us within twenty one days and if you are already out of contract then we require twenty one days' notice in writing to cancel our management services.
12. The Monthly Management is a separate service from the “Media Spend” fees that the Advertising Platforms will charge you. Cancellation of your management does not automatically stop your Media Spend from running and incurring Pay per Click “Media Spend” fees. Digital Domination will not be liable for any amounts that any Advertising Platform charges you following the cancellation of your management with Digital Domination. If you wish to cease advertising online at the same time that you cancel your Digital Domination management, please notify us by email. Alternatively, you may choose to directly access your own Advertising Platform account to arrange cancellation.
13. For clarity, please note that:-
(a) Digital Domination is not an Advertising Platform.
(b) Digital Domination is affiliated with various Advertising Platforms as an agency provider.However despite this affiliation, Digital Domination is a separate entity from any Advertising Platform.
14. Digital Domination will endeavor to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Pay Per Click advertising. Unless specifically stated to the contrary in this Agreement, Digital Domination do not guarantee any particular rate of return or performance of any online advertising (including but not limited to any particular position or placement). We cannot be held responsible for commercial outcomes
which are associated with the management of your Pay Per Click accounts for your business and/or websites.
15. Digital Domination 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) Digital Domination will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, 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 (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
(b) The maximum liability of Digital Domination to you is the lesser of:-
(i) the sum of the most recent monthly Management Fees you have paid to Digital Domination, or
(ii) the cost of re-supplying the previous months online advertising services ; or
(iii) the cost of rectifying the online advertising problem which has caused your loss.
16. These Terms and Conditions are governed and construed in accordance with the laws of Western Australia and Australia. If there is a dispute that results in litigation then you must submit to the jurisdiction of the courts of Western Australia. Any hearing will take place in the Magistrates Court Perth.
17. These Terms and Conditions can be modified at any time by Digital Domination. You agree to continue to be bound by these Terms and Conditions as modified. We may publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
18. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
19. You warrant to us that you will use the services provided by Digital Domination under this Agreement for business purposes (and not predominantly personal, domestic or household use).
20. We can't guarantee that our work will be error-free (we're human!) so we can't be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you've advised us of them.
Additional Fees & Charges
During any project or contract period you may make requests for additional work to be completed that is outside the scope of this agreement. Where possible, we will provide you with a fixed price quote for the work. Otherwise, we will revert to hourly work to complete your requests.
Our standard rates for the following work types apply:
- General Administration & Phone Support $120 p/hour
- Website Maintenance $120 p/hour
- Account Management $120 p/hour
- Graphic Design $150 p/hour
- Copywriting $150 p/hour
- Video Editing $150 p/hour
- Marketing Automation $180 p/hour
- Video Production $250 p/hour
- Training & Presentation via screen share or in person $250 p/hour including travel
- Senior Creative $350 p/hour
All work is billed in 15 minute increments and our normal payment terms apply.