By using the PPC Pro services, you agree to be bound by the following terms and conditions. PPC Pro reserves the right to change the Terms and Conditions at any time without notice, and your continued use of PPC Pro constitutes your consent to such changes. These Terms of Service were last updated 5th March 2020 at 08:21AM.

1. DESCRIPTION OF SERVICES. PPC Pro will provide an ongoing set of online services including Google Ads campaign builds, management, optimisation, research & reporting as described on the signup page for the PPC Pro service
   
   
2. LIMITATIONS OF SCOPE. PPC Pro will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
    
3. SUPPORT. All support, queries & ongoing communication about your campaign and for the PPC Pro services in general is to be provided via our email support address. Any emails sent to this support address will be responded to within one business day.
   
   We do not provide on demand phone support. Any phone calls are to be paid at the rate listed below and are to be scheduled in advance by requesting the call via our support email address. Our support email address is provided to you when you subscribe to our services.
   
   Phone call support is charged at a rate of $25 + GST per 15 minutes of call time. At the completion of the call PPC Pro will provide a time tracking report then charge the Client credit card on file accordingly.
   
   
4. MANAGEMENT RESPONSIBILITY. PPC Pro will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction.
   
   In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required.
   
   PPC Pro may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
   
   
5. COPYRIGHT. All content produced by PPC Pro within the scope of Services including advertising campaigns, landing pages, reports, ad copy, software and web code, contents, graphics and design, or material developed or licensed by PPC Pro for Client as part of the Services is copyrighted by PPC Pro and remains the exclusive property of PPC Pro.
   
   Upon termination of this Agreement copyrights shall remain with PPC Pro. After twelve months of service and full payment of all due fees if Client chooses to cancel this agreement per the conditions in Section 6 below all PPC Pro copyrighted content, EXCEPT software used to create the Client campaign can be used indefinitely by Client. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
   
   In the event PPC Pro ceases business operations and providing the services described in this agreement all PPC Pro copyrighted content, EXCEPT software used to create the Client campaign can be used indefinitely by Client. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
   
   
6. TURN AROUND TIMES. PPC Pro aims to have Clients fully onboarded and advertising campaigns running within five (5) to ten (10) business days from the time Client submits the Onboarding Form. This window might be extended should Client delay submitting their approval for certain deliverables such as Copywriting, Landing Page Designs, Google Ad Account builds etc and PPC Pro is not to be held liable for delays caused by Clients not responding to onboarding requests in a timely manner.
   
   Any messages sent to the PPC Pro support desk will be processed and actioned or responded to within one (1) business day.
   
   
7. LINK. Customer hereby acknowledges and agrees that PPC Pro shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of PPC Pro services for referral and marketing purposes. PPC Pro shall have the right to add a link to the PPC Pro website in the footer of any landing page created for Client.
   
   
8. TERM/TERMINATION. Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. PPC Pro will start subscription billing to Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email.
   
   Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. This notice is to be emailed to the PPC Pro support address.
   
   A repeated failure to make payment by date due during any period gives PPC Pro the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by PPC Pro to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to PPC Pro’s Clients shall automatically terminated.
   
   
9. PAYMENT FOR SERVICES. By subscribing to our service Client agrees to pay for their monthly subscription until cancelled as per Section 8 above. If any payment due under the subscription is not paid, Client is liable for all enforcement costs to recover the outstanding balance.
   
   Client will pay monthly fees to PPC Pro for a subscription to Services as described in the PPC Pro plan in effect at the time of this agreement and for the license to use the PPC Pro services, software and licensed content in conjunction with these services.
   
   Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 8 above.
   
   PPC Pro reserves the right to assess and collect late-payment charges of 1.5% per month on past due balances.
   
   Should any payments for the PPC Pro service remain outstanding, PPC Pro will make attempts to collect the payments from Client. Should these attempts continue to fail, PPC Pro will communicate with Client to arrange a fair payment plan. PPC Pro’s goal is to work with Client to clear outstanding balances fairly, however, should PPC Pro determine Client to be unreasonable or not acting in good faith regarding paying outstanding balances, PPC Pro reserves the right to refer the outstanding sum to a third party debt collection agency for recovery. Any costs, fees or charges incurred by PPC Pro to recover any outstanding charges owed by Client will be added to the outstanding balance owed by Client.
   
   
10. WARRANTY. PPC Pro shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally accepted standards in PPC Pro’s industry, and will provide a standard of care based on commercially reasonable efforts.
    
    The services and all products provided as part of the services are provided “as is” and PPC Pro disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services.
    
    PPC Pro does not warrant that any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the service.
    
    The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
    
    
11. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of PPC Pro, PPC Pro’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by PPC Pro, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement.
    
    In any case, PPC Pro and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, PPC Pro shall have no liability to client arising from or relating to any third party hardware, software, information or materials.
    
    PPC Pro is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though PPC Pro will attempt to prevent or minimize exposure to such risks.
    
    
12. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against PPC Pro and its licensors arising from products or services related to this Agreement.
    
    Conversely, PPC Pro shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of PPC Pro.
    
    
13. GOVERNING LAW. You agree that these Terms and Conditions shall be treated as though they were executed and performed in Sydney, New South Wales, Australia and shall be governed by and construed in accordance with the laws of New South Wales & Australia (without regard to conflict of law principles).
    
    All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of PPC Pro services shall be brought solely in Sydney, New South Wales, Australia.
    
    PPC Pro is a trading name of Local Digital Pty Ltd and is located at 111 Flinders St Surry Hills NSW 2010.