Terms and Conditions - SLAM Strategy

Disclaimer

All information, services, products, and software provided on this web site are provided “as is” without warranty of any kind, either express or implied.

Any use of this information is at the user’s risk. SLAM Strategy only accepts liability for delays, interruptions, errors, or omissions however occurring in the collecting, recording, processing, storing or dissemination of information where SLAM Strategy can be proven to be at fault or the direct cause.
This publication and features described herein are subject to change without notice.

1. The Service

These Terms & Conditions govern your use of SLAM Strategy (the “Service”), an Internet strategy setup and subscription service operated by SLAM Marketing Pty Ltd, that provides users with access to the Website’s Internet Strategy services and/or Search Engine Marketing services, Google AdWords, (SEO) Search Engine Optimisation, social media, website design, website development. SLAM Strategies services are provided to you by SLAM Marketing PTY LTD on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use SLAM Strategy for other purposes, directly or indirectly, by you or by a third party is prohibited.

1.1 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The service consists of Internet Strategy services such as search marketing services/search engine optimisation, social media, website design and layout. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

1.2 SLAM Strategy reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. You shall be notified by email of such changes or modifications which shall be effective immediately upon notice published on the www.slamstrategy.com.au site. Your continued use of the Service constitutes your binding acceptance of these terms and conditions.

2. Disclaimer of Warranties

2.1 You expressly agree that entering or using SLAM Strategy is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory, or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of SLAM Strategy is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.

2.2 SLAM Strategy warrants that SLAM Strategy will use reasonable endeavors to meet your requirements and to a degree considered reasonable, ensure that that SLAM Strategy will be uninterrupted, timely, secure and error free.

2.3 SLAM Strategy makes no warranty that an Internet Strategy including Search Engine Marketing or Search Engine Optimisation, Social Media or any other related campaign or service will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.

2.4 SLAM Strategy makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design or Website Development, Digital advertising campaigns will lead to any clicks to your business or other information.

2.5 SLAM Strategy makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design or Website Development campaign will lead to consistent exposure of your business or your keywords during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.

2.6 SLAM Strategy makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design or Website Development campaign will lead to any enquiries, emails, phone calls or sales leads of any kind.

2.7 The information available on or through SLAM Strategy user amended sites is not reviewed, controlled, or examined by SLAM Strategy in any way before it appears on SLAM Strategy.

2.8 SLAM Strategy does not endorse, verify, or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).

2.9 SLAM Strategy does not warrant or guarantee that some material may be deemed objectionable by some individuals.

2.10 SLAM Strategy warrants where it is within our reasonable control we will ensure the services performed are uninterrupted and error free and that, where defects are identified, SLAM Strategy will correct these defects if they pose a material impact on you. SLAM Strategy will use reasonable endeavors to ensure that information available on or through SLAM Strategy will be free of infections, by viruses, worms, Trojan horses or anything else manifesting contaminative or destructive properties and that the information available on or through SLAM strategy will not contained adult-oriented material.

2.11 SLAM Strategy holds professional indemnity and limited public liability cover. To the fullest extent permitted by law, the total liability in the aggregate (of consultants, consultants officers, directors, partners, employees, agents and subcontractors) will be to the client (or anyone claiming by or under the client) for any claims, losses, costs or damages whatsoever arising out of or resulting from or in any way related to this project or agreement from any causes or causes including but not limited to negligence, professional errors and omissions, breach of contract or breach of warranty, shall not exceed $5,000,000.

3. Search Engine Optimisation Indemnity Clause

3.1 SLAM Strategy makes no guarantee that keywords will rank on page one by contract end date.

4. Google AdWords Clause

4.1 All Google AdWords campaigns are the intellectual property of SLAM Strategy and the client by signing this agreement agrees not to have access to any campaigns that are set up on their behalf.

4.2 As a Google AdWords Certified Partner we are required by Google to make you aware of their Disclosure notice. If you would like to review Googles disclosure notice you can find it on our website www.slamstrategy.com.au next to our terms and conditions and privacy statement.
Or you can follow this link https://support.google.com/adwordspolicy/answer/152979?hl=en&rd=1

5. Cancellations Policy

5.1 The client may provide SLAM Strategy written notice of its election to cancel this contract at any time and for any reason during the first 10 days of any 3-month campaign. After the first 10 days the client is committed to the remaining 2 months of the 3-month campaign. Beyond the initial 3 month campaign, if the client wishes to continue SLAM Strategy can negotiate a 6 or 12 month agreement with the client at any time. Otherwise the agreement will continue as is and will require in writing by the client, 30 days advanced notice of wishing to cancel in 30 days. Meaning any payment that falls due in the next 30 days of cancelation will be payable by the client.

5.2 Any refunds must be approved by management and will be processed within 15 working days. An administrative fee of $150 is charged on any remaining funds in the AdWords account that are due to be refunded to the client at the closing of the campaign. All other funds will be refunded to the client at the closing of the campaign.

5.3 You must notify SLAM Strategy if you do not wish to renew your subscription/monthly management before the end of the contract. SLAM Strategy will automatically renew your subscription at the end of each term and deduct the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.

5.4. If You breach any of these Terms or the services offered have a material impact on SLAM Strategy’s operating performance, to the extent that the breach is material in nature or outcome to SLAM Strategy and the client does not remedy the breach within 10 business days, SLAM Strategy reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service upon issuing the client with written notice detailing the breach.. Should SLAM Strategy terminate your access, SLAM Strategy will refund any outstanding amounts within 30 days subject to any other binding obligations in this contract and or administration fees if applicable.

6. Fees and Payments

6.1 Where known to SLAM we will request approval from you for any third party services before approving them. You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you if SLAM is not informed) including any transaction fees from 3rd party services at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by SLAM Strategy or by any third party.

6.2 The setup must be paid in full to SLAM Strategy before any work on your Service will begin.

6.3 Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Any Ongoing search marketing services/search engine optimisation, social media, website design and layout fees will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy.

6.4 SLAM Strategy shall provide you with its Service’s whilst this agreement is in effect, subject to the account being on ongoing management and no outstanding monies.

6.5 If your instalment payment has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $50 will apply. If there is no payment after 90 days for an instalment, as per the payment terms, the account will be cancelled, and the account will not be subject to any form of a refund. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable.

7. Pay for Performance

7.1 Our min Performance Bonus starts at $997 or 5% of Revenue whichever is higher. The commission incrementally increases based on reaching Return On Advertising Spend (ROAS) targets.
+ 1.75% of Revenue (If ROAS > = 3.0)
+ 1.50% of Revenue (If ROAS > = 5.0)
+ 1.25% of Revenue (If ROAS > = 8.0)
+1.00% of Revenue (If ROAS > = 12.0)
+0.75% of Revenue (if ROAS > = 15.0)
+0.50% of Revenue (if ROAS > = 20.0)

7.2 If you qualify

To qualify to not pay the once off min commitment at the start, 5% of your last 30 days sales on any platform that we will be advertising for you on, needs to be greater than $997 otherwise you will need to pay a minimum commitment fee before we start of $795 per platform.

7.3 Min commitment if you dont qualify

If 5% of your last 30 days sales on any platform that we will be advertising for you on are not greater than $997, you will need to pay the once off commitment of $795 per month per platform to get started. Then at the end of the month we calculate the months sales and at the point where our min performance bonus of 5% of revenue plus any ROAS targets is greater than $997, we would charge you the 5% of sales amount instead.

7.4 All campaigns are newly created and owned by SLAM Strategy.

7.5 If there are any issues outside of our control, we calculate our bonus based on our min pay for performance amount of $997 or 5% of sale whichever is higher.

8. Social Media (Twitter, Facebook, YouTube and others) Disclaimer

Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of Twitter or Facebook, other than the content provided by SLAM Strategy, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of SLAM Strategy. SLAM Strategy is not responsible for content that third parties publish, post, upload, distribute, disseminate, or otherwise transmit via Twitter, YouTube, Facebook or any other online form of communication.

SLAM Strategy does not warrant the accuracy, completeness, or usefulness of the information available on our Social media pages. Nothing contained in or provided through these pages is intended to constitute advice or to serve as a substitute for the advice of a professional. Any reliance you place on such information is strictly at your own risk. We may include links to other web pages, but these links are not an endorsement of those pages. SLAM Strategy utilizes independent digital advertising platforms AI as a resource to determine ideal placement for client related content. SLAM Strategy is not responsible for the content of any web site not operated by SLAM Strategy Should the client find their content or advert on any website not operated by SLAM Strategy which does not meet the expectations of the client, the client can request SLAM Strategy remove the advert from the inappropriate URL and site immediately.

UNDER NO CIRCUMSTANCES WILL SLAM STRATEGY BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT COMMUNICATED ON THE SLAM STRATEGY WEBSITE OR SLAM STRATEGY TWITTER, FACEBOOK, YOUTUBE, LIVE STREAM, LINKEDIN PAGES OR ANY OTHER PAGES, WHETHER BY SLAM STRATEGY OR A THIRD PARTY. IN NO EVENT SHALL SLAM STRATEGY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE OR PERFORMANCE OF ANY INFORMATION COMMUNICATED ON THESE PAGES.

Social Media Client Services

8.1. All communication will be in writing between The Contractor and The Client/Supplier.

8.2. The Customer agrees that the service is provided “as-is” without any warranties of any kind, express or implied. Neither SLAM Strategy nor any of its officers, employees, agents, information providers, licensors, licensees, attorneys, consultants, or third-party contractors, make any warranty or representation whatsoever regarding the services or any aspect of its use.

8.3. This agreement is subject to change. Third party costs can change from time to time out of our control and so should this happen this cost will be adjusted accordingly. The client will be notified within 7 business days, with the ability to terminate if costs are not acceptable.

8.4. Social media refers to but not limited to the following (setting up and/or managing); Blogs, Facebook, LinkedIn, Social Media Planner, Social Media Strategies, Instagram, Tumblr, Pinterest, Twitter and YouTube or any other social media channel.

8.5. The Contractor will set up social media on The Client/Supplier behalf, based on information given by The Client/Supplier.

8.6. The Client/Supplier will not breach copyright laws, included but not limited to distribution, copy, unauthorised details, logos, templates, and ideas.

8.7. All services are provided within the appropriate conduct of third-party providers such as but not limited to social media sites such as Facebook, Twitter, YouTube and within the Internet laws current at the time of implementation.

8.8. We expressly disclaim any and all liability to any person or organisation, whether a purchaser of the materials offered or not, in respect of anything, and of the consequences of anything done or omitted to be done by any such person or organisation in reliance, whether in whole or partially, upon the whole or any part of the contents of this quotation and or the products and or services offered herein

8.9. By accepting this agreement both parties agree to release and indemnify each other from and against any claims arising from reliance on the information on any products or services provided.

8.10. Where applicable and outside of the scope of any agreed fixed price contracted work, any adhoc hourly rate work carries a minimum 1-hour charge of $150 per hour. The client will be notified in advance and need to approve any such hourly rate work prior to commencement.

8.11. The Customer must hold confidential all Services provided by SLAM Strategy and take all reasonable steps to protect the Intellectual Property of SLAM Strategy

8.12. The Customer agrees to exercise due diligence in its direction to SLAM Strategy regarding the preparation of materials. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging any licenses or royalty payments.

8.13. SLAM Strategy reserves the right to suspend and/ or cancel any Services including but not limited to social media services if:

1. the Customer has any outstanding invoices.
2. the Customer fails to comply with any provisions in this agreement or those referenced in this agreement.
3. SLAM Strategy decides that the hosting or CMS account has been inappropriately used, including but not limited to, No adult content, No Spam, No copyright infringement.

8.14. SLAM Strategy deems the Customers use of our services may jeopardize the operation of the service, be that SLAM Strategy or our suppliers

8.15. An authorised officer from either party may terminate the project with 30 days advanced notice via email to shaun@slamstrategy.com.au from SLAM or any authorised officer from the clients company.

8.16. The Customer cannot reassign its rights under any agreement with SLAM Strategy without the prior written consent of SLAM Strategy. SLAM Strategy may transfer the Customers rights to another party within 30 days written notice.

8.17. The Customer will be liable for all expenses incurred by SLAM Strategy resulting from any security breach, attack and/ or loss of data resulting from poor or inadequate system security practices of the Customer.

8.18. Production schedules, storage of files and property belonging to the Customer will be established and adhered to by both Customer and SLAM Strategy, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, fire, flood, industrial dispute or strike, crime, energy failure, equipment breakdown, force majeure. The Customer shall not hold SLAM Strategy responsible for any loss or damage resulting from the above mentioned.

8.19. This agreement shall be governed by the laws of South Australia and the parties hereby submit to the exclusive jurisdiction of the SA Courts.

8.20. If any provision of this agreement is agreed or held to be unenforceable, that will not affect the validity of the other provisions in this agreement.

8.21. Failure of SLAM Strategy to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.

8.22. Upon termination all outstanding charges will become immediately payable. SLAM Strategy is entitled to invoice the customer for all Services not yet invoiced.

8.23. Parts of our services offer links to third party websites through the use of digital advertising platforms AI. These linked sites are not under our control and we are not responsible for the conduct of companies that we may link your website to and nor are we responsible for the conduct of the businesses that our website links to. If you visit one of these linked sites, we recommend you refer to their privacy policy or statement

8.24. The Contractor will complete social media works as written in the quotation, typically within seven (7) working days, or whatever is agreed upon with The Client/Suppler.

8.25. Social media services are designed to work with The Client/Supplier marketing plan. Social media management may include, but not limited to attaching links to website, blog and photos, which will be supplied by The Client/Supplier. The Contractor will correspond to new followers and tweeters. The Client/Supplier is responsible for social media complaint policies associated with their own business.

8.26. The work will commence at an agreed time after the agreed amount(s) has/ have been paid by The Client/Supplier and the money has been received by The Contractor. The agreed start date will be discussed in writing via email.

8.27. Social media services will occur automatically (auto tweets) on public holidays and correspondence will not take place until the next working day.

8.28. The Client/Supplier will give The Contractor necessary access to all business information and data reasonably required, including marketing material to collaborate an offline/online presence at all reasonable times for the purpose of carrying out social media services. A failure by the Client/Supplier to comply with this clause may be regarded as a material breach of this agreement determined at the discretion of The Contractor but only after both parties have, acting reasonably, attempted and been unable to resolve the issue or breach.

8.29. Any extra works performed outside the social media descriptions are subject to change at the discretion of The Contractor and or The Client/Supplier. They should only be used as a guide by The Client/Supplier. The Contractor will confirm the cost of these services on request by The Client/Supplier. Such requests and acceptance may be made in writing or verbally.

8.30. All communication will be in English. The Contractor and The Client/Supplier will be deemed to have read and understood The Contractors terms and conditions and the social media application terms and conditions, such as but not limited to Facebook, LinkedIn, Twitter, and YouTube. Inappropriate language, pictures and spammers will not be accepted; they will be removed immediately and reported to the appropriate authorities.

8.31. The Client/Supplier will notify The Contractor in writing of any work which, in its reasonable opinion, is substantially lower than the standard that is usually provided by The Contractor. If the Customer believes the work is of a substantially lower standard than that which would be reasonably expected in accordance with applicable industry standards, the Contractor will resolve to rectify the work within 48 hours or if this is not practical, provide a plan and timeline for rectification to be approved by the Customer (approval of which is not to be unreasonably withheld). If the work is not rectified within the 48 hours or otherwise approved timeframe (as the case may be), then clause 8.32 may apply.

8.32. If The Client/Supplier and The Contractor agree that the work is of a substantially lower standard than usual, The Client/Supplier will be at liberty to terminate the service taking effect 30 days after having provided notice to terminate provided that such notice is given within one week of the last occurrence of the substandard work and the Contractor has been unable to rectify the work. The Contractor agrees to refund all monies paid for the services that have not been provided upon termination under this clause 8.32.

8.33. The Contractor will not be deemed responsible for decreases in sales, followers and/or friends. The Client/Supplier will be deemed responsible for the process of sale conversions.

8.34. All work including case studies is copyright of the contractor and will not be in breach of copyright as all information has been given to The Contractor from The Client/Supplier.

8.35. All accounts are to be paid in advance by The Client/Supplier via direct deposit before any works commence. Extra works requested by The Client/Supplier that are outside the scope of works agreed to in the social media service/s agreement, will require payment in full at The Contractor’s discretion to cover additional service/s costs, which will be due immediately before other services can be completed.

8.36. If the Client/Supplier does not elect to continue the service or the service is terminated for any other reason, the account for the final social media service is payable on the day following the last day of service.

8.37. Extra services must be agreed to in writing. If The Contractor is required to carry out a social media service after the agreed time frame, including but not limited to tweets, posts, setting up social media accounts, then The Client/Supplier will deem this as a necessary extended services and accept all extra works issued and will be due via direct deposit before extra works commence, which will be based upon an hourly day rate (TBA).

8.38. The Contractor will not sell The Client/Suppliers details to a third party or disclose any privacy details of The Client/Supplier to anyone other than staff of The Contractor for the purpose of social media services for The Client/Supplier business. Details include but not limited to contact details and product information.

8.39. The Client/ Supplier understands that the Contractor is not liable for any 3rd party social media applications including but not limited to Facebook, Twitter, YouTube, Pinterest.

9. External links

9.1 SLAM Strategy provides links from our website to other websites from time to time, hosted by unrelated companies that we may or may not be aware of, which we think may be of interest to you.

9.2 SLAM Strategy does not make any representation as to the accuracy or suitability of any of the information contained in those sites what so ever and does not accept any responsibility or liability for the conduct or content of those sites what so ever. Links to other sites where goods or services are advertised are not endorsements or recommended by SLAM Strategy in any way. Your use of them is at your own risk.

10. Website Design and Development (if applicable)

Where production schedules are not met by the customer, final delivery dates will be adjusted accordingly.
The customer must supply SLAM Strategy with as much direction as possible to ensure the project is completed correctly
The Customer is to supply all copywriting content prior to work commencing on the project. Unless SLAM Strategy is supplying the copywriting
Textual content must be supplied in its final edited form in word document. SLAM Strategy is not responsible for any spelling or grammatical errors
Image content changes will incur extra costs
All work carries a maximum of 2 rounds of revisions (4 hours total) prior to sign off. Revisions required after sign off are the responsibility of the Customer. The Customer agrees to pay SLAM Strategy for the additional revisions.
Although SLAM Strategy will check the website prior to launch, it is the responsibility of the Customer to check and approve all aspects of the site.
SLAM Strategy will endeavor to store files after the project is signed off for a period of 3 months, after which time SLAM Strategy reserves the right to discard them without notice
It is the sole responsibility of the Customer to maintain backup copies of all materials, files or databases placed on the email or hosting servers managed by SLAM Strategy. At no time shale SLAM Strategy assume liability for lost Customer content.
SLAM Strategy’s hosting partners endeavor to provide continuous uninterrupted service at all times; however the service is provided to the customer is not fault free and relies on factors outside of the control of SLAM Strategy. SLAM Strategy is not responsible or liable for anything related to any down time or outages in relation to this service.
It is the sole responsibility of the Customer to check terms of Service including but not limited to software and hosting supplied by SLAM Strategy
The Customer must hold confidential all Services provided by SLAM Strategy and take all reasonable steps to protect the Intellectual Property of SLAM Strategy
Upon final payment the Customer has full ownership of the website and all artwork produced but does not include working files from but not limited to InDesign, Photoshop etc.
The Customer agrees to exercise due diligence in its direction to SLAM Strategy regarding the preparation of materials. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging any licenses or royalty payments.
SLAM Strategy reserves the rights to distribute and publish all work created as it sees fit.
SLAM Strategy reserves the right to add or withdraw credits to all work created.
SLAM Strategy reserves the right to suspend and/ or cancel any Services including but not limited to User accounts, SLL, email account, web hosting and or domain registration, if:
1. the Customer has any outstanding invoices.
2. the Customer fails to comply with any provisions in this agreement or those referenced in this agreement.
3. SLAM Strategy decides that the hosting or CMS account has been inappropriately used, including but not limited to, No adult content, No Spam, No copyright infringement.
4. SLAM Strategy deems the Customers use of our services may jeopardize the operation of the service, be that SLAM Strategy or our suppliers
Either party may terminate the project with 30 days written notice.
The Customer cannot reassign its rights under any agreement with SLAM Strategy without the prior written consent of SLAM Strategy. SLAM Strategy may transfer the Customers rights to another party within 30 days written notice.
The Customer will be liable for all expenses incurred by SLAM Strategy resulting from any security breach, attack and/ or error that involves, but not limited to, Customer hosting, hardware, software, network configuration and IP addresses.
Production schedules, storage of files and property belonging to the Customer will be established and adhered to by both Customer and SLAM Strategy, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, fire, flood, industrial dispute or strike, crime, energy failure, equipment breakdown, force majeure. The Customer shall not hold SLAM Strategy responsible for any loss or damage resulting from the above mentioned.

This agreement is to be governed by the laws of the State of South Australia and the parties hereby submit to the jurisdiction of the courts and Tribunals of South Australia and of the courts hearing appeals from those courts and Tribunals.