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Terms of Service
Last updated Monday 11th November 2024 at 6:35PM.
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This Terms of Service Agreement ("Agreement") is a legal contract between you ("Client") and Local Digital Pty Ltd doing business as PPC Pro ("We", "Us", "Our", βPPC Proβ). By using our services, you agree to the following terms:
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1. AMENDMENTS
We reserve the right to update or modify these terms at any time. When changes are made, we will notify you via email with at least 10 business days' notice before the new terms apply. Continued use of our services after the notification of changes implies your acceptance of these changes. If you do not agree with the new terms, you should notify us within the given notice period to terminate your service agreement.
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2. SUPPORT
Our support services are provided exclusively via email or our customer portal. Please note that we do not provide phone support, in-person meetings, or digital meetings. While we endeavour to respond to all support requests within one business day, we operate under a fair use policy to ensure that our resources are used efficiently and our services are provided effectively. Support requests exceeding more than 10 queries per month could be deemed as excessive unless otherwise agreed upon and may be handled in line with the Fair Use clause in these terms.
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3. LANDING PAGE SERVICES
We offer three types of landing page services as part of our services.
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Standard Landing Page: This service is included as default with our standard plans. Under this service, the traffic is directed to your existing website or landing page. We may provide conversion and copy recommendations, which you can choose to implement or not. This service does not include the design or any other alterations to your existing website or landing page.
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Pro Landing Page: This service involves the creation of a landing page for a one-time fee of $500 + GST, payable upfront. We use a proven template, tailor it to your brand, and write sales optimised copy. We make decisions based on our expertise and knowledge of what works best in your interest. However, this service does not include revisions or input from you other than to fix any factual errors in the copy. This practice allows us to keep costs down and ensure that essential performance elements are included. The landing page is built using the Unbounce platform. By purchasing this service, you accept these conditions. Please note, once work commences, there are no refunds for this service.
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Custom Landing Page: This service offers a 100% custom landing page copy and design with up to three rounds of revisions for a one-time fee of $5,000 + GST, payable upfront. The landing page can be built in the page builder of your choice. Please note, once work commences, there are no refunds for this service.
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Please note that the selection of the Pro Landing Page or Custom Landing Page service is optional and is not included in the standard plans. If you wish to upgrade to either of these services, please notify us via email at support@ppcpro.com.au or via our customer portal.
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3.1 DNS RECORD SETUP
If the Client chooses a Pro or Custom landing page it will be necessary to update your domain name DNS settings so that the page can be viewed on the web. The client is responsible for understanding where their domain is registered and how to manage and update their DNS settings. While PPC Pro will provide guidance to assist in the setup of DNS records for the landing page, we operate primarily as a Google Ads agency, not a comprehensive technical support service. As such, the responsibility for managing and maintaining domain registration and DNS settings rests with the client or their designated technical support service. If a client cannot provide necessary information or access to domain or DNS settings, it may impede the successful launch or operation of the landing page, potentially resulting in project delays. In such instances where significant assistance is required from PPC Pro due to the client's lack of knowledge, access, or control over their domain registration or DNS settings, additional fees may apply. These additional costs will be communicated to the client in advance, providing them the opportunity to accept or decline the incurred charges. PPC Pro is not liable for any complications, delays, or additional costs resulting from the client's lack of knowledge, access, or control over their domain registration or DNS settings. Please remember that effective implementation of our landing page services requires your cooperation and technical understanding or the assistance of a dedicated technical support service.
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By subscribing to our services, you agree to the terms and conditions of these landing page services and agree to make payment for any upgraded services as outlined above, including any potential additional costs incurred due to extensive DNS setup assistance, which will be communicated and agreed upon in advance.
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4. COPYRIGHT
Any work we complete for you is your property, and you retain the rights to it after our collaboration ends. PPC Pro retains the rights to the methodologies, techniques, and strategies used in the creation of the work, including after the termination of services.
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5. TERM AND TERMINATION
This Agreement commences as soon as you subscribe to our services and continues on a month-to-month basis until formally terminated by either party. Billing occurs once per month at $399 AUD from the subscription date until cancellation. Termination notices must be sent to support@ppcpro.com.au or via the customer portal. You can submit cancellation feedback here. Upon receipt of a termination notice, we will continue to deliver our services until the conclusion of the current billing period. No refunds will be provided for any payments made prior to the termination notice. In cases of non-payment, PPC Pro reserves the right to terminate the Agreement immediately. Under these circumstances, the Client is not eligible for a refund.
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6. SERVICE PAUSE
We offer a 'Service Pause' feature where Clients can request a one-month suspension of our services by emailing support@ppcpro.com.au or requesting via our customer portal. Upon receiving the pause request, we will continue our services until the end of the current billing cycle. The pause then commences for one month, after which billing automatically resumes at the standard rate of $399 per month.
If you wish to resume services before the one-month pause period is over, you can request to 'unpause' by emailing support@ppcpro.com.au. Services and billing will resume within 2 business days of receiving your request. We limit service pauses to a duration of one month, and Clients can only request this feature once every 90 days. Any pause request cannot be backdated, and no refunds are granted for fees paid before initiating the pause. All outstanding fees are still due during the pause period. While we will attempt to pause your Google Ads account during a service pause, please note that the Client retains ultimate responsibility for all Google Ad account expenditures.
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7. PAYMENT
Payment for services is $399 AUD per month and is accepted via Credit Card subscription. Billing is conducted in advance, and it is the Client's responsibility to ensure that payments are made timely. A grace period of 5 business days is allowed for overdue payments, after which services may be suspended until payment is made.
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8. OUTSTANDING PAYMENTS AND DEBT COLLECTION
Regardless of service pause or termination, you are obligated to pay in full for all services that you have purchased from us. Any outstanding funds, regardless of the state of your account, are due to PPC Pro within 5 business days of the date they become outstanding. If payment is not received, we reserve the right to pursue the collection of the debt. This includes, but is not limited to, using debt collection services and initiating court proceedings. Any costs or fees incurred as a result of these collection efforts, including legal costs and debt collection fees, will be the responsibility of the client.
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9. FAIR USE POLICY
While we aim to offer comprehensive support to all our clients, we uphold a fair use policy to ensure that excessive demands do not impede our ability to provide quality services to all clients. If a client's level of support requests significantly exceeds the average (determined at our discretion), we reserve the right to notify the client that their support needs to be scaled back. If excessive support demands continue after this notification, we reserve the right to pause or terminate services in order to maintain the quality and efficiency of our service provision for all clients. Examples of excessive demands could include, but are not limited to, more than 8 distinct support requests or queries in a single month, requests for out-of-hours support, requests for rapid turn around with short brief, or requiring in-depth responses to complex queries on a regular basis.
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10. CLIENT RESPONSIBILITIES AND OBLIGATIONS
RESPONSIBILITY: As a Client, you agree to uphold your responsibility towards PPC Pro, which includes providing clear instructions, ensuring timely payments, safeguarding systems, taking accountability, and respecting and protecting our Intellectual Property.
GOOGLE ADS ACCOUNT As a client, you retain ultimate responsibility for your Google Ads account and all associated payments, including media spend. While we will strive to follow your instructions accurately and ensure your account is managed efficiently, you must commit to regularly monitor your account payments and promptly address any discrepancies. We will assist where we can, but the onus of maintaining your Google Ads accountβs good standing, including ensuring that payments are made in a timely manner and that the account is used effectively, rests with you.
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COOPERATION: To ensure effective service provision, you agree to provide necessary materials and access, respond promptly to our requests, and fulfil all payment obligations.
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RESTRICTIONS: You must not use the Services for improper purposes, allow unauthorised access, attempt unauthorised access, transmit harmful or illegal files, or attempt to modify our systems. You must also refrain from providing the Services or information related to them to our competitors.
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11. PRIVACY AND CONFIDENTIALITY
We respect your privacy and are committed to protecting your personal information. The collection and use of personal data are governed by our Privacy Policy, which is accessible on our website. Both parties agree to uphold and respect all aspects of confidentiality concerning the business, technical or financial details they acquire about the other party during service provision. Neither party will disclose confidential information to third parties without the prior written consent of the other party. This obligation of confidentiality will survive the termination of this agreement.
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12. LIMITATION OF LIABILITY
PPC Proβs total liability for any claim arising out of or in connection with the provision of our services will be limited to the amount paid by the Client for such services. Under no circumstances will PPC Pro be liable for indirect, incidental, special, punitive, exemplary or consequential damages of any kind, including loss of revenue, loss of profits, loss of data, or economic loss in connection with or arising out of this Agreement. This limitation of liability will apply regardless of whether the potential liability arises out of breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages.
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13. GOVERNING LAW AND DISPUTE RESOLUTIONThis
Agreement is governed by the laws of New South Wales & Australia. In the event of a dispute, parties agree to seek resolution through arbitration, according to the relevant NSW Government Arbitration and dispute resolution guidelines. All legal proceedings arising out of or in connection with these Terms shall be brought solely in Sydney, New South Wales, Australia.
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14. SEVERABILITY
If any provision or part of a provision in this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such provision or part of a provision will be ineffective to the extent of such determination of invalidity or unenforceability only, without affecting the remaining parts of such provision or the remaining provisions of this Agreement in any way.
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By agreeing to these terms, you acknowledge your understanding of your obligations as a Client and commit to upholding them. Any breach of these obligations may result in immediate termination of services.
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These Terms of Service constitute the entire agreement between the Client and PPC Pro, superseding any prior agreements between you and us relating to your use of our services.