We work collaboratively with you to ensure the website best reflects your business. To achieve the best results for our clients, we like to have a great working relationship with them. To ensure we can work most effectively with you, here are a few, but vital responsibilities that we need you to be aware of and agree to.

• You will share your logo files, branding guide, and any professional images and prepared content
• You will be open to suggestions that may improve your online presence and reputation
• If we send you emails with requests, please respond within 72 hours. 
• If we do not hear from you in 30 days (from the first contact attempt), we will place your project on hold. To restart the project, you will be charged an additional $150+gst.

Marketing Broker Australia is a division of Eudomia Group Pty Ltd 90624190209

1 SERVICES
1.1. Marketing Broker Australia shall perform the services (Services) and you will fulfil the obligations more specifically set out in the online cart or accompanying proposal document (Proposal).  
1.2. Marketing Broker Australia will carry out its work according to good industry practice and at the standard expected from a suitably qualified person with relevant experience.

2 YOUR RESPONSIBILITIES
2.1. You agree to cooperate with Marketing Broker Australia to create relevant content, which may include but is not limited to, branding materials, customer feedback, blogs, text, photos, audio or videos.
2.2. You agree to approve all content prior to publication and be solely responsible for the accuracy and suitability of all content provided to Marketing Broker Australia.

3 PAYMENT
3.1. You agree to pay to Marketing Broker Australia the amounts for the Services as agreed upon and more specifically set out in the accompanying Proposal.
3.2. Subscription-Based Services:
(a) you agree to pay by invoice or direct debit, before the start of the new month.
(b) you agree to pay any transaction fees, based on the method of payment;
(c) payment shall be due fourteen (14) days from receipt of an invoice, and each such amount will be overdue upon the day following such due date;
(d) if any amount payable remains unpaid thirty (30) days after becoming overdue, Marketing Broker Australia shall have the right to immediately suspend or terminate your agreement.
3.3. One-Off Projects (i.e. Websites):
(a) you agree to pay fifty percent (50%) of one-off project total value (via invoice) as a non-refundable deposit, before the commencement of the project.
(b) you agree to pay the remaining invoice value within fourteen (14) days of invoice date.

3.4 Training & Coaching:

(a) you agree to pay full amount (100%) of the total value (via invoice) as a non-refundable deposit, before the commencement of the training.
3.5. Additional out-of-scope work be discussed with you prior to taking action and will be calculated at the hourly rate set out in the accompanying Proposal. The final project invoice will reflect any change of scope work.
3.6. To the extent any amount is not paid prior to becoming overdue, such amount will bear interest from the date of initially becoming due, at a rate equal to 1.5% per month, compounded monthly.
3.7. You shall reimburse Marketing Broker Australia for any costs or expenses (including reasonable legal fees) associated with collecting overdue payment from you.

3.8. You are responsible for any software, membership fees, licenses, subscriptions, or third-party expenses required in the delivery of your business. i.e. CRM

4 LIMITATION OF LIABILITY AND INDEMNITY
4.1. To the maximum extent permitted by law, Marketing Broker Australia and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of the provision of the Services.
4.2. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
4.3. You indemnify and hold harmless Marketing Broker Australia and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly), the provision by you of materials, products, or services that infringe the intellectual property rights of any third party.
4.4. Where we develop a website for you, you agree to release Marketing Broker Australia and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from the use of the site by you or any other person. Marketing Broker Australia may plead this release as a bar and complete defence to any such claims or proceedings.

4.5. You are responsible for any email, message, comment, sms, phone call or any form of communication received by your website, forms, crm, social media and business listings.

6 COPYRIGHT
6.1. Copyright in all content produced by Marketing Broker Australia within the scope of Services including software and web code, contents, graphics, and design vests in you after full payment of all amounts owing to Marketing Broker Australia.
6.2. You permit the use of all content produced by or shared with Marketing Broker Australia and its contractors within the scope of Services including but not limited to: client name, logo, photos, video, or audio in Marketing Broker Australia or contractor's advertising materials.

7 USE OF IMAGES AND OTHER DIGITAL ASSETS
7.1. Our digital marketing and printing estimates, when provided, are based on the use of royalty free images or digital assets for commercial use from several cost-free libraries.
7.2. If you instruct us to include other stock images, you agree to pay all additional costs involved.  
7.3. Where you provide us with digital assets (e.g. logos, stock images etc.), you acknowledge that you possess the appropriate rights and licenses for the commercial use of such assets.

8 WEBSITE EXIT COSTS (TRANSFER TO ANOTHER SERVER)
8.1. If we develop a website for you and you have your own hosting provider and website support, We can transfer the website to your provider for a one-off cost of $90+GST. If they transfer the website on your behalf, there are no additional costs from us.
8.2. Your website will be built with premium plugins and themes that will need to be purchased separately so the website will continue operating and functioning as normal. You are responsible for any costs, which may vary between third party website hosting providers, to purchase and maintain these plugins and themes.

9 TERMINATION
9.1. Both you and Marketing Broker Australia have the right to cancel your agreement at any time. If the Client desires to terminate the Services hereunder, the Client must submit a written request to Marketing Broker Australia at least seven (7) days prior to the desired date of termination. Written requests to terminate may be made by e-mail.
9.2. If Client chooses to terminate this agreement in writing, all monies owed to Marketing Broker Australia will be due immediately and will be automatically charged to the Client’s payment method on file. Under no circumstances will Marketing Broker Australia give refunds of the amount paid for the Services hereunder. In the event of contract cancellation of a subscription-based service, Marketing Broker Australia will support you until the end of the paid period. 

9.3 If Client cancels a digital marketing service or membershipPLUS plan within the first 6-months of start date, the client will be charged a cancellation fee. 

a) Website + 9 Business Pages = $500+gst cancellation fee.

b) Website + 9 Business Pages + 20 Social Media posts = $1,000+gst cancellation fee

c) All-in-one digital marketing plan = $4000+gst cancellation fee

10 GENERAL
10.1. This Agreement is governed by and is to be construed in accordance with the laws applicable in Queensland.
10.2. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and any courts that have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
10.3. In these Website Terms of Use, the following rules of interpretation apply:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
(b) these terms and Conditions may not be construed adversely against Marketing Broker Australia solely because Marketing Broker Australia prepared them;
(c) the singular includes the plural and vice-versa;
(d) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
(e) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
10.4. Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Marketing Broker Australia to act with respect to a breach by you or others does not waive its right to act with respect to that breach or any subsequent or similar breaches.
10.5. The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

11 NO GUARENTEE