All services provided to the customer by Impact Marketing Services (AU/NZ) are subject to the following Terms and Conditions:
1. Project(s) Approval: A payment of an advance fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website, with all quotes and invoices, and at any time by request to Impact Marketing Services (AU/NZ).
2. Fees: Fees and charges for the services to be provided by Impact Marketing Services are defined in the project quotation that the Customer receives via e-mail, post, or hand-delivery. Quotations are valid for a period specified on the quotation. Impact Marketing Services (AU/NZ) reserves the right to alter or decline a quotation after the expiry of the 30 calendar days.
Items in a quotation provided Impact Marketing Services (AU/NZ) are quoted to a ‘fixed price’ based on the Client requirements and information provided. No extra charges will be incurred to complete any of the quoted items unless further requirements, scope change, scope creep or information is provided to Impact Marketing Services (AU/NZ) by the Client which significantly changes the aforementioned quoted items. Any extra charges will be quoted to the Client prior to commencement of the additional quoted item.
All significant Marketing Projects require an advance deposit payment of a minimum of fifty percent (50%) of the project quotation total before the work is commenced and submitted to the Client for review. The remaining fifty percent (50%) of the project quotation total will be due immediately upon completion of the project work, or as per the mutually agreed payment plan. Charges for the project do not cover the release of IMC source code and graphical elements created in the campaign or project mix such as; HTML, email files, ,jpg, wordpress, psd, ai, png etc. this also includes open source code and plug-ins. A separate quotation for these items can be prepared if the Client requires these items. Please note all 3rd party and Open Source software remain the property of the respective copyright owners and where applicable Open Source software will be supplied under the GNU license agreement.
Payment for services is due by direct bank deposit. Payments should be payable to Impact Marketing Services (AU/NZ), and bank deposit details will be provided to the Client upon request or receipt of an invoice.
3. Customer Consultation: Where consultations are required between Impact Marketing Services (AU/NZ) and the Client, charges may apply. Initial consultations which occur at Impact Marketing Services (AU/NZ) offices or telephone consultations are free of charge at 1stround briefing stage, known as “Ascertain and Discover”. Consultations which are required to take place at the Customer’s premises may incur a consultation fee. Any consultation fees which may incur the Client will be advised prior to a consultation.
4. Customer Consultation and Sign-Off: Impact Marketing Services (AU/NZ) will provide the Customer with regular opportunities to review the appearance, layout and content of the projects during the design and creation process. Following initial consultation, a “Project Brief” will be prepared and issued to the Client for review and approval. Project will commence after Project Brief is finalised and approved by the Client. The initial stage of creation involves the ‘design shell’ of the Marketing Strategy, Planning or Marketing Design Project which, once finalised and approved by the Client (Known as as “Round one changes”), subsequent second round changes will not be amended without additional cost to the Client. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Impact Marketing Services (AU/NZ) otherwise within ten (10) calendar days including statutory holidays of the date the materials are made available to the Client via email, post, or hand delivery.
5. Turnaround Time and Content Control: Impact Marketing Services (AU/NZ) will provide the Customer’s project by the agreed date wherever possible, unless a delay is specifically requested by the Customer and agreed by Impact Marketing Services. In return, the Customer agrees to delegate a single individual as ‘Subject Matter Expert’ to aid Impact Marketing Services (AU/NZ) with the project deliverables to progress the project in a satisfactory manner within the project scope, timing and budget.
During the project, Impact Marketing Services (AU/NZ) will require the Customer to provide text copy and content images when requested. If content is not provided within four (4) weeks of an official request by email then Impact Marketing Services (AU/NZ) reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules should any changes in pricing schedules occur during this time. If content is not provided within eight (8) weeks from the original email or facsimile request then the Customer is considered to be in default and the project will be terminated and the Customer sent the final invoice for immediate payment. Impact Marketing Services (AU/NZ) will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
6. Additions/Extras: Any additional items, pages or other features requested by the Customer to be included in an already quoted or invoiced project will be assessed by Impact Marketing Services (AU/NZ) and quoted or billed separately. As additions or extras are deemed out-of-scope and will have to be accounted for a new request/quote.
7. Payment: Invoices will be provided by Impact Marketing Services (AU/NZ) both at the start of a project for the initial payment, and in accordance with the payment plan during the project execution and any associated services. Invoices are normally sent via email to the email address provided by the Client. Accounts that remain unpaid thirty (30) days after the date of the invoice incur a service charge in the amount of two percent (2%) per month of the total gross amount due.
8. Default: Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Impact Marketing Services (AU/NZ)’s operations (online or offline), Impact Marketing Services (AU/NZ) will, at its discretion, remove all such material from the public domain, staging servers, test servers or other private public channels. Impact Marketing Services (AU/NZ) is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of their obligation to pay any outstanding fees or charges assessed to the Customer’s account. Cheques returned for insufficient funds will incur a return charge of $50 and the Customer’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Impact Marketing Services (AU/NZ) reasonable expenses, including all legal fees and costs for debt collection by third-party agencies, incurred by Impact Marketing Services in enforcing these Terms and Conditions.
9. Termination: Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing and signed and dated by an authorised Director of the company, entity, or service. The Customer will be invoiced for any strategy work, planning, e-marketing or design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. For contracted services terminated before the conclusion of their minimum term, or for project work cancelled by the Customer prior to completion, a 50% cancellation fee of the total contract/project value will apply. Termination of services or contracts by Impact Marketing Services (AU/NZ) will be advised in writing via email, and will be effective immediately.
10. Ownership: Any and all strategy papers, copy, promotional plans, social networking assets, design, files, layouts and other items related to the project remain the full ownership of Impact Marketing Services (AU/NZ) until full and final payment has been made for the project. Ownership is transferred from Impact Marketing Services (AU/NZ) to the Customer upon final payment of the project. Some project methodology and process may still be retained by Impact Marketing Services (AU/NZ) if part of our Intellectual property and used for the project for release for a specific project but only as a ‘one shot’ use and cannot be repeated or renewed without Impact Marketing Services (AU/NZ)’s authorisation and this may require a release Fee to be determined per instance.
11. Copyright(s): The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Impact Marketing Services (AU/NZ) the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Impact Marketing Services (AU/NZ) permission and rights for use of the same and agrees to indemnify and hold harmless Impact Marketing Services (AU/NZ) from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
12. Intellectual Property: Any functions, coding, programming or other systems created by Impact Marketing Services (AU/NZ) which controls the Customers Marketing Project (online/offline) remains the property of Impact Marketing Services (AU/NZ) at all times. Upon the final payment of the Marketing Project, the Customer becomes the owner of the style, layout, copy, general design and graphic design of the Marketing Project. The Customer also retains ownership all of the content placed onto the Marketing Project. The content, style and design on the Marketing Project will be made available should the Customer elect to leave Impact Marketing Services professional services.
13. Media – Customer Requirements: Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disc, via e-mail, or electronic drop box) which has been proof read and signed-off by the customer and that all photographs, images and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Images and photographs requiring external scanning, retouching, or documents provided in hard copy requiring re-typing will incur further charges. Although every reasonable attempt shall be made by Impact Marketing Services (AU/NZ) to return to the Customer any images or printed material provided for use in creation of the Marketing Programme, such returns cannot be guaranteed.
14. IMC watermark and credits: A link to Impact Marketing Services (AU/NZ) may appear in either small type or by a small graphic at the bottom of the Customer’s marketing material or online web presence. If a graphic is used, it will be designed to fit in with the overall site design as a footer watermark.
15. Access Requirements: If the Customer’s Web site is to be installed on a third-party server, Impact Marketing Services (AU/NZ) must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server which may incur further charges by the Customers third-party server provider.
16. Post-Live handover and live project alterations: Impact Marketing Services (AU/NZ) cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed, live and operational. Such alterations include, but are not limited to plug-in’s upgrades, template edits, CSS edits, additions, modifications or deletions.
17. Domain Names: Impact Marketing Services (AU/NZ) may purchase internet domain names on behalf of the Customer. Payment and renewal of those domain names is then charged and paid by the Customer to Impact Marketing Services (AU/NZ). The loss, cancellation or otherwise of the domain brought about by non-payment or late payment is not the responsibility of Impact Marketing Services (AU/NZ).
18. Confidentiality: Impact Marketing Services (AU/NZ) will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is a confidential nature relating to the business strategies, intellectual property, customer data, products, services or processes related to the Customer. The obligation of this confidence will cease to apply regarding any information Impact Marketing Services (AU/NZ) is required to disclose by law.
19. General: These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s signature below or payment of an advance Fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. Impact Marketing Services (AU/NZ) reserves the right to change any of the Terms and Conditions at any time and without prior notice.
20. Governing Law: This Agreement shall be governed by New South Wales State Law and Australian Federal Law.