Terms of Service

Aus Asia Online offers internet marketing services that include, but are not limited to: search engine optimisation (“SEO”), Google AdWords®, Facebook and other Social Media advertising, Link Building, and Web design/development.

1. Quote for Provision of Services

1.1 All quotes supplied by Aus Asia Online are valid for 7 days from the date the quote is provided. Aus Asia Online may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, or via fax.

2. Commencement of Services

2.1 Aus Asia Online will send Client an email requesting additional information for the Project Brief. Aus Asia Online will commence work within seven (7) days after the date of receipt of the signed agreement.

2.2 Aus Asia Online will use its best endeavours to provide the Service to Client within a reasonable timeframe. Aus Asia Online is not liable for delays to the project or to anticipated timeframes for delivery of service.

3. Payment Terms

3.1 Client agrees to pay for the Products and Services in full prior to work commencing on the Project Brief, unless otherwise agreed at Aus Asia Online’s discretion. Invoices are payable within five (5) business days from the date of the invoice.

3.2 Client may request a full refund within seven (7) days of remitting payment to Aus Asia Online, prior to work commencing. Client acknowledges that no refunds are available once work has commenced on the Project Brief, and additional requests for refunds will require Management review.

3.3 For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly SEO/Digital Marketing fees are not included in the setup fee. Clients will be billed each month for the Service fee until the customer provides Aus Asia Online with a written cancellation request.

3.4 If Client provides Aus Asia Online with their credit card information, you authorise Aus Asia Online to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Aus Asia Online’s cancellation policy.

3.5 Clients may elect to have invoices paid by direct debit. By completing a direct debit request, Client authorises Aus Asia Online to arrange for account funds to be debited to your account.

3.6 All payments to Aus Asia Online Pty. Ltd. will be made in AUD (Australian Dollar).

4. Late or Non-Payment

4.1 If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of $100 will apply.

4.2 If payment has not been received after 30 days, this will result in termination of our services and any links and SEO/Digital Marketing work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.

5. Client Obligations

5.1 Client will provide Aus Asia Online with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as Aus Asia Online may request, including, but not limited to, providing source code and other statistical, diagnostic and relevant information required to enable Aus Asia Online to comply with its obligations under this Agreement.

5.2 Aus Asia Online shall provide the Services during the continuance of this Agreement. Aus Asia Online will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.

5.3 Where the Service being provided requires, Aus Asia Online will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. Aus Asia Online shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in Aus Asia Online breaching its obligations under this Agreement.

5.4 Aus Asia Online will not make changes to or update a customer’s website prior to written or verbal consent from the Customer, stating that Aus Asia Online has the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.

6. Implementation of SEO Service

6.1 Aus Asia Online guarantees that Client’s website will appear on the first page of designated Search Engines within an agreed period of time of the Commencement Date. If Aus Asia Online is unable to achieve this ranking within that time period, Aus Asia Online agrees to provide further optimisation services until such time when Client’s website is listed on the first page.

6.1.1 Client acknowledges that Aus Asia Online may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, their First Page Guarantee may be rendered void, at the discretion of Aus Asia Online.

6.2 Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. Aus Asia Online will advise Client to which keywords the guarantee applies.

6.3 The Client understands that Search Engine Optimisation (SEO) is influenced by various factors beyond the control of Aus Asia Online. Search engines are independent entities with unpredictable variables, algorithms and indexing choices that may change at any time without notice. While Aus Asia Online will make every effort to enhance the Client’s search engine rankings using effective methods and industry standards, a #1 ranking on any major search engine for the Client’s chosen keywords cannot be guaranteed. Additionally, the Client acknowledges that the website’s ranking for specific search terms depends on both the relevance of those terms on the website and their popularity on other sites.

6.4 The Client understands and agrees that a website’s rankings might decrease. If this occurs, Aus Asia Online will not be held responsible, and no refunds or discounts will be provided.

6.5 Aus Asia Online is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

6.6 Aus Asia Online is not responsible for the Client overwriting Aus Asia Online’s work to the Client’s site (e.g. Client/webmaster uploading over work already provided/optimised). The Client will be charged an additional fee for re-constructing content.

6.7 Aus Asia Online follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:

• duplicate sites, duplicate content or pages, redirects or doorway pages;
• link farms or any spamming techniques which may harm the website’s ranking with Google;
• increased traffic or sales;
• hidden links;
• automated website submission software or websites.

6.8 Client acknowledges that Aus Asia Online will add an “SEO Services” by “Aus Asia Online” link to the footer section of each website they work on.

7. Implementation of Google AdWords®

7.1 Aus Asia Online shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.

7.2 Client expressly permits Aus Asia Online to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ is subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. Aus Asia Online is not liable if Client’s account is rejected.

7.3 Aus Asia Online acknowledges that Client owns the Google AdWords™ account developed by Aus Asia Online. Upon expiration of the term of this agreement, Client may retain the account and all its configuration.

7.4 Aus Asia Online will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. Aus Asia Online is not liable for errors or omissions once the ads are deployed.

8. Facebook and Social Media Advertising

8.1 Aus Asia Online agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to YouTube™ and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Brief.

8.2 Client agrees to provide Aus Asia Online with information (ad banners and website links) within 3 working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by Aus Asia Online. Drafts will be sent to Client for approval before being submitted to the relevant site.

8.3 Client agrees that any images to be used in advertisements will be supplied to Aus Asia Online. Client acknowledges that if images are not provided, additional design fees may be payable. Aus Asia Online will include these additional fees on the invoice.

8.4 Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to reasons relating to the contents of the advertisement or any technology associated with the advertisement. Aus Asia Online will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, Aus Asia Online shall require Client to supply new copy acceptable to the aforementioned sites. Aus Asia Online cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that Aus Asia Online is not liable for this decision and no refund will be payable.

9. Link Building

9.1 If requested, Aus Asia Online shall provide the link building services as specified on the Aus Asia Online website and to the agreed specifications on the Project Brief.

9.2 The number of links stated in the Project Brief is the number of links that Aus Asia Online will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.

9.3 Aus Asia Online offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.

9.4 Client acknowledges that Aus Asia Online is not liable for the content of those sites. Use of any such linked website is at the Client’s own risk.

9.5 The inclusion of any link does not imply endorsement by Aus Asia Online of the site.

9.6 Client acknowledges that linking to “bad neighbourhoods” or receiving links from “link farms” can seriously damage all SEO efforts. Aus Asia Online does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

10. Copywriting

10.1 Aus Asia Online agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.

10.2 Aus Asia Online agrees that it will be the sole author of the work, which will be original work by an Aus Asia Online copywriter, free of plagiarism. Aus Asia Online agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.

10.3 Client may provide additional copy to Aus Asia Online. Client accepts full responsibility for all detail contained in the copy provided to Aus Asia Online and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.

10.4 Aus Asia Online acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that Aus Asia Online will cooperate with Client in editing and otherwise reviewing the work prior to publication.

10.5 Client agrees that they are responsible for reviewing the final draft for accuracy, including spelling and grammatical errors, statements and assertions. Aus Asia Online is not liable for errors discovered after publication.

11. Web Design and Development

11.1 Aus Asia Online agrees to design and develop a website at Client’s request and will deliver the work to the agreed specifications in the Project Brief.

11.2 Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to Aus Asia Online within 30 days of signing the agreed Project Brief.

11.3 Client agrees to supply Aus Asia Online with adequate photography or imagery to use in the design; or Aus Asia Online may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.

11.4 Client agrees that if it fails to deliver information or content to Aus Asia Online to enable development work to commence within thirty (30) days, that Aus Asia Online may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold Aus Asia Online liable for subsequent breach of this Agreement.

11.5 Aus Asia Online will send Client a “Web Draft” once work is completed. Client agrees to review and test websites for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify Aus Asia Online of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to Aus Asia Online within fourteen (14) working days after receipt of the draft.

11.6 Client is responsible for acquiring and purchasing a domain name. Aus Asia Online may at its discretion advise Client on suitable names.

11.7 Client hereby acknowledges that Aus Asia Online is not responsible for any errors, grammatical or otherwise, found in submitted material Client provides towards the development of the website.

11.8 Aus Asia Online agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.

11.9 Client acknowledges that for any change requests after final approval has been given to Aus Asia Online, or after the website is live in Production, that Aus Asia Online reserves the right to require Client sign a new contract and pay any subsequent fees. Aus Asia Online will not commence work on subsequent change requests until full payment has been received.

11.10 Client acknowledges that Aus Asia Online will add a “Web Design” by “Aus Asia Online” link to the footer section of each website they work on. This is Aus Asia Online’s branding and to remove it will cost $250.

12. Hosting

12.1 Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.

12.2 Aus Asia Online may recommend changing Client’s host or server in order to protect the interests of your website’s ranking within the Search Engines. Aus Asia Online offers no guarantees as to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.

12.3 Clients may elect to host their website with Aus Asia Online for an additional annual fee. Client agrees to pay the annual hosting charge in advance of commencement of hosting services.

12.4 Client acknowledges that Aus Asia Online may from time to time be required to perform maintenance, upgrades or replacements to servers. Aus Asia Online reserves the right to suspend access to such a server during the required time to do the maintenance, upgrade or exchange the server. In this event, Aus Asia Online will notify Client via email at least 24 hours before the due date and time for maintenance.

13. Intellectual Property and Copyright

13.1 The technology and content provided on the Aus Asia Online Site, unless specified otherwise, is owned by or licensed to Aus Asia Online. Content includes but is not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

13.2 Aus Asia Online and its licensors retain all proprietary rights to that content and technology and, by continuing to use this website, Client acknowledges said content and technology is protected by Australian and international intellectual property laws.

13.3 For all content, imagery or photography provided to Aus Asia Online in the provision of services, Client hereby warrants:

• (i) they own the intellectual property rights in that content;
• (ii) that content does not infringe the intellectual property rights of a third party;
• (iii) that content is not fraudulent, stolen, or otherwise unlawful;
• (iv) that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to those governing export control, consumer protection, unfair competition, or criminal law);
• (v) that content is not defamatory, unlawfully threatening or unlawfully harassing; and
• (vi) that content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

13.4 Aus Asia Online reserves the right to refuse any content it considers to be in contravention with any of the above statements.

14. Stock Imagery / Photography

14.1 Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.

14.2 Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by Aus Asia Online. Any editing of the dimensions in which they appear may contravene their usage rights.

15. Assignment of Intellectual Property to Client

15.1 All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Aus Asia Online during the implementation of any contract between Aus Asia Online and Client shall remain with Aus Asia Online until full payment has been received.

15.2 Upon full payment, Aus Asia Online hereby agrees to transfer to the Client all rights, title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material, reports, source code and other output which is produced, extended or modified during the production of the work outlined.

16. Term of Agreement and Cancellation

16.1 The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:

• 30 days for search engine optimisation contracts;
• 30 days for Google AdWords™ and social media advertising contracts.

16.2 Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 7 days’ written notice of its intention not to renew, or if both parties agree to enter a new contract term for a determined time period.

16.3 Cancellations become effective on the day processed by Aus Asia Online. Client will be notified of the cancellation via email.

16.4 If Client cancels before the end of the initial contract term, they still have to pay the full month of service fee.

17. Termination

17.1 Client acknowledges and agrees that Aus Asia Online, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:

• (i) fails to pay any sum due under this Agreement and such sum remains unpaid for 7 days after written notice from Aus Asia Online that such sum has not been paid;
• (ii) ceases to carry on business or becomes insolvent, or has an administrator or receiver appointed, or enters into liquidation, or enters into any agreement with its creditors;
• (iii) fails to fulfil any of its obligations under any part of this or any other agreement that it has with Aus Asia Online;
• (iv) interferes with or impairs the Service, or Aus Asia Online’s ability to deliver the Services; or
• (v) behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.

Questions about these terms? Call 1300 189 687 or email info@ausasiaonline.com.au.