Terms of use

THE TERMS STATED BELOW ARE SHARED WITH EVERY NEW CLIENT OF BAMIK DIGITAL. THESE TERMS HAVE BEEN IN PLACE SINCE 1 JULY 2020 AND WERE UPDATED ON 16 JANUARY 2021.

Digital Marketing Service Agreement

This service agreement (the ‘Agreement) is between the Client and Agency.

Agency: Bamik Digital
PO Box 1925, Sunshine Plaza, Qld 4558 AUSTRALIA
ABN: 31550156284

1. Services Provided

Bamik Digital will provide the ‘Services’ as outlined in email communication until the agreement comes to a close

2. Terms of Engagement

The Services will be carried out as per dates stated.

If ongoing engagement is requested, it will be billed monthly in the first week of the month. These terms can be extended or adjusted if required in writing by either party with approval of both parties.

Bamik Digital kindly request that for our shared goals to be achieved, our recommendations should be considered and applied where possible especially with regards to:

1. Creatives, images and designs used in paid advertising,
2. Audiences used in paid advertising, and
3. Landing page requirements, copy suggestions, placement of visuals etc

Our recommendations come with extensive experience and activity in the field of digital marketing. If they are not applied during our engagement, then there is a chance we may not be able to achieve our shared goals within the timeline stated.

3. Payment

1. Bamik Digital will charge the Client as per agreed payment terms.
2. Invoice sent at the beginning of each month.
3. Payment to be received within 7 days of the date of invoice.
4. In the event that this Agreement is terminated by the client prior to the completion of the Services but where the Services have been partially performed, Bamik Digital will be entitled to pro-rata payment of the Payment above to the date of termination provided that there has been no breach of contract on the part of Bamik Digital.

4. Privacy

1. Bamik Digital may require access (but not limited) to the following with your consent to complete the marketing work required:
2. Your personal details
3. Email addresses
4. Physical addresses
5. Business details
6. Passwords for various online platforms and software
7. Bamik Digital will not use your personal or business information for any other purpose other than that shared above under ‘Services’.
8. Further information on the above can be found in our Privacy Policy.

5. Intellectual property

1. All ownership of work completed by Bamik Digital rests with Bamik Digital until full payment has been received. Once final payment has been received, all intellectual property rights for the project will be granted to the client.
2. As the Client, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that have your permission to use them.
3. Bamik Digital is not responsible for any legal issues that may arise as a result of your images or content infringing on someone else’s intellectual property rights.
4. You should supply graphic files and photographs in a high-resolution, appropriate digital format.

6. Liability

1. Bamik Digital can not guarantee that work will always be error-free and therefore cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate social media accounts, websites, emails or online profiles, even if you have advised the Agency of the possibilities of such damages.
2. The Client is responsible for all costs associated with Facebook ad spend,
3. stock photography and any other digital tools or additional contractors required outside the scope of what’s outlined in the Services provided above.
4. Given the varying nature of Facebook and other ad and social platforms, Bamik Digital will always aim for the best result for the Client however are not responsible for any given result or changes in algorithm activity.

7. Dispute resolution

1. If a dispute arises out of or relates to this Agreement, the Client and Bamik Digital expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
2. The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC.
3. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved.
4. The terms of the Guidelines are hereby deemed incorporated into this Agreement.
5. This clause shall survive termination of this Agreement.

8. Governing law

This agreement will be governed by and construed in accordance with the laws of the State of Queensland.

WE LOOK FORWARD TO DELIVERING EXCEPTIONAL WORK AND REACHING OUR SHARED GOALS TOGETHER.