CONTRACT TERMS & CONDITIONS

Introduction
This Contract ("Contract") is entered into between Digitalise Pty Ltd trading as Search Results AU (ABN 50 616 150 353) herein referred to as ("Search Results AU") and the Customer.

Definitions
Applicability
These Terms and Conditions apply to all Customers engaging with Search Results AU for their services. By entering into this Contract, you agree to comply with these Terms and Conditions.

Our Services
Our services are provided to business owners over the age of eighteen (18) years. By proceeding to purchase, you acknowledge that you are the business owner or authorised by the business owner and are over 18 years of age. All prices quoted are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend our prices at any time

Scope of Agreement
These terms apply globally but will be adapted to meet local legal requirements in Australia, New Zealand, Canada, the United States, the United Kingdom, and Germany. Specific modifications for each jurisdiction are handled in annexes to this Contract.

Product and Service Descriptions
We strive to ensure that our products and/or services are described as accurately as possible. However, we do not warrant that the description is accurate. Where any misdescription is identified, we reserve the right to correct any error or omission.

Contract Duration
Services are offered for fixed terms (1, 3, 6, 12 months) with auto-renewal unless You cancel in writing. Refer to the Cancellation section for cancellation procedures.

Service Delivery Time Frames
The delivery times may vary depending on the product(s) and/or service(s) purchased.

Payments
Payments must be made on the day of sign up unless otherwise agreed. Late payments may incur additional fees, service suspension, and debt recovery actions

Pause in Subscription Policy
We allow a one-time pause of up to 1 month for subscriptions under exceptional circumstances. This is to minimize disruption, as any interruption may significantly affect the progress made on your SEO account. After the 1-month pause period, billing will automatically resume unless prior arrangements have been agreed upon in writing. Please note that during the pause period, any SEO progress may decline, and Search Results is not responsible for such outcomes.

Refunds
Refunds are not provided for any product(s) and/or service(s) where work has commenced, unless stated otherwise in the contract.

Cancellation
  1. The authorised account holder must provide a one-month notice via email prior to the subscription's automatic renewal and billing date to request cancellation. Once the request is received, we will initiate the cancellation process. This policy applies to all standard contracts.
  2. In the case of early cancellation:
    • The client will be responsible for covering the costs of the Website SEO Setup and any other services discounted or marked as $0 in the signed contract.
    • An early cancellation fee equivalent to 20% of the remaining contract value will apply.
  3. Cancellation of any kind can only occur if the account balance is paid in full.
Customer Disputes
Upon receipt of a service issue, we will endeavour to resolve it as quickly as possible, subject to your cooperation.

Fees
Various fees may apply, including early cancellation fees, collection administration fees, administration fees, penalty fees, hourly accounting fees, and data cleaning fees.

Customer's Responsibilities
Customers are required to disclose all relevant information, provide access to necessary resources, and follow all legal requirements. Failure to comply may affect the provision of services.

Google Optimisation
  1. Search Results AU has no control over Google's services or search algorithms. We do not guarantee improved rankings or any specific outcomes from our search engine optimisation services.
  2. Customers acknowledge and accept the risks associated with using our search engine optimisation services.
Websites
  1. Content and images provided by the Customer remain their property. Customer warrants ownership or proper permission for all media and content provided to Search Results AU.
  2. Once the website is finalised, it becomes the property of the Customer unless stated otherwise. Further amendments may incur additional fees.
Search Engine Marketing (SEM)
  1. Customers must provide access to current Google AdWords and Analytics accounts. We manage and report on Google AdWords campaigns through our proprietary systems.
  2. Customers agree not to engage in similar services with other companies that may conflict with our SEM services.
Social Media Marketing (SMM)
  1. Customers must provide access to current social media accounts. Customers agree not to engage in similar services with other companies that may conflict with our SMM services.
Organic Search Engine Optimisation (SEO)
  1. Customers must provide access to the website and agrees not to engage in conflicting SEO services with other companies.
  2. Customer agrees not to engage in black hat SEO methods or violate Google's guidelines.
Domains
  1. Domain registration service may be free for the first year if part of a website package. Subsequent years will incur a fee.
  2. Customer agrees to indemnify and hold harmless Search Results AU for any claims resulting from the use of third-party domain names, hosting, or email services.
Customer Information & Content
  1. Any data or information obtained from Google Places (Google My Business) or Google Maps is copyrighted by Google Inc. By using such data, the Customer agrees to abide by Google's Terms and Conditions available at:
    • Google Maps Terms
    • Google AdWords Terms
  2. Listing changes and adjustments may take up to 7-14 working days and are subject to Google's discretion. Search Results AU is not liable for any negative feedback resulting from such changes.
Governing Law
This Contract shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of Australia.

Call Recording
If the Customer has expressly indicated agreement to the provision of call recording services by Search Results AU, the following provisions apply:
  1. Data Collection: Customer acknowledges and agrees that call recordings may include Personal Data. Customer expressly authorised Search Results AU and third-party call service providers to collect Personal Data necessary for call recording services.
  2. Recording Notice: Each call will be preceded by a recorded message indicating potential monitoring or recording for call tracking and quality assurance purposes.
  3. Legal Compliance: Customer warrants compliance with all applicable laws regarding call recording, including but not limited to the Privacy Act 1988, Telecommunications Act 1997, and Telecommunications (Interception and Access) Act 1979.
  4. Confidentiality: Customer agrees to treat call recordings as confidential and will prevent unauthorised use or disclosure.
Confidentiality
  1. Customer agrees not to disclose the contents or existence of the Contract to any third party without prior written consent from Search Results AU.
  2. Search Results AU may identify Customer as a client for marketing purposes, subject to prior approval. Joint press releases may be issued upon mutual agreement.
  3. All communication between Search Results AU and Customer will be treated as confidential, unless otherwise stated in writing.
Data
  1. Customer acknowledges and agrees that Personal Data may be stored in Australia, the United States of America, and other overseas locations for storage purposes.
Termination
  1. If Customer alleges a breach by Search Results AU, Customer must provide detailed notice and opportunity to remedy the breach before termination.
  2. Customers may terminate the Contract by providing written notice within 30 days before each anniversary. Failure to do so results in automatic renewal.
  3. Search Results AU may terminate immediately upon Customer bankruptcy, substantial breach, or repudiation of the Contract.
Site Access
  1. Customers are granted a limited licence to access and use information on the website for personal use, subject to copyright laws.
  2. Copying, reproducing, or distributing website content without prior written permission is prohibited.
Intellectual Property Rights
  1. All content on the website belongs to Search Results AU, unless stated otherwise. Customer represents ownership or permission for elements provided to Search Results AU.
Code Ownership
Any code deployed on the Customer's website remains the property of Search Results AU and may not be distributed or reused elsewhere without written permission.

Disclaimers
  1. While we strive to provide accurate information on our website, we do not provide any express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. We exclude any condition or warranty implied into these Terms and Conditions to the extent permitted by law.
  2. We take reasonable precautions to ensure our website is free from malware, but we are not liable for any damage to your machine system arising from its use.
  3. Hyperlinks to other websites are provided for convenience only. Search Results AU does not endorse or sponsor linked websites.
Limitation of Liability
  1. We limit our liability to the full extent permitted by law. In case of breach, our liability is restricted to either re-supplying the services or reimbursing the costs of re-supplying them.
  2. We do not accept liability for loss arising from user-generated content or transactions between users.
  3. SEARCH RESULTS AU shall not be liable for any failure or delay resulting from circumstances beyond our control, including but not limited to governmental action, natural disasters, and labour shortages.
Indemnity
  1. By accessing our website, you agree to indemnify us from any claims, damages, costs, and expenses arising from your use of our website.
  2. Customer agrees to indemnify and hold SEARCH RESULTS AU harmless from any liability, loss, or damages resulting from their use of Competitive Keywords or any other acts.
Force Majeure
If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Contract with 7 days' notice. "Force Majeure" refers to any event beyond our control.

Jurisdiction
These Terms and Conditions are governed by the laws of New South Wales. Any claims arising from these terms will be heard in the courts of New South Wales.

Privacy
  1. While we undertake to preserve the security of information provided to us, we cannot guarantee its security. By transmitting information to us, you accept the associated risks.
  2. Our privacy policy, accessible from our homepage, outlines our compliance with privacy legislation.
Modification of Contract
SEARCH RESULTS AU may modify this Contract with 7 days' notice. Continued use of our services constitutes acceptance of any modifications.

The 120 Money Back Guarantee
  1. Applicable Packages:
    This guarantee applies to selected packages that explicitly offer this guarantee.
  2. Our Promise:
    We commit to optimizing an agreed number of your chosen keywords to rank on the first page of search engines within 120 days. If we do not meet this commitment, you have the option to receive a full refund.
  3. Refund Policy:
    To request a refund, you must submit a written request between day 120 and day 150 after optimization access is provided.
  4. Timeline:
    The 120-day guarantee period begins once the optimization of your website and Google listing is complete or any necessary website build is finished.
  5. Issues:
    Any delays or issues that are out of our control will be taken off the 120 days such as suspended Google listings, website downtime, non-payment of account, etc.

Legal Requirements outside Australia
  1. New Zealand:

    1.1. Consumer Guarantees Act: The agency must adhere to guarantees regarding the quality of services provided.
    1.2. Fair Trading Act: Prohibits misleading or deceptive conduct in trade, which includes advertising and marketing.
    1.3. Privacy Act: Requires businesses to protect the personal information they collect and to inform individuals about how their information will be used.

  2. Canada:

    2.1. Canadian Anti-Spam Legislation (CASL): Regulates commercial electronic messages, including email marketing, and requires consent from recipients.
    2.2. Personal Information Protection and Electronic Documents Act (PIPEDA): Governs the collection, use, and disclosure of personal information in commercial activities.
  3. United States:

    3.1. Federal Trade Commission (FTC) Act: Prohibits deceptive or unfair practices in commerce, including false advertising.
    3.2. Children's Online Privacy Protection Act (COPPA): Requires obtaining parental consent before collecting personal information online from children under 13.
    3.3. California Consumer Privacy Act (CCPA): Applies to businesses operating in California and requires transparency in data collection practices and the rights of consumers regarding their personal information.

  4. United Kingdom:

    4.1. Consumer Rights Act: Ensures that services are provided with reasonable care and skill and protects consumers against unfair terms.
    4.2. Data Protection Act: Implements GDPR in the UK and regulates the processing of personal data.
    4.3. Advertising Standards Authority (ASA): Ensures that advertising is legal, decent, honest, and truthful.

  5. Germany:

    5.1. Gesetz gegen den unlauteren Wettbewerb (UWG) - Act against Unfair Competition: Prohibits unfair advertising practices and requires transparency in commercial communications.
    5.2. Datenschutzgrundverordnung (DSGVO) - General Data Protection Regulation (GDPR): Requires businesses to protect the personal data and privacy of individuals within the EU.
    5.3. Telemediengesetz (TMG) - German Telemedia Act: Regulates telemedia services, including online marketing activities.

Acknowledgement
Customer acknowledges the limitations of liability outlined herein and that these provisions are fundamental to the agreement between the parties. This Contract does not establish an employment, agency, or partnership relationship between SEARCH RESULTS AU and the Customer.