TERMS OF SERVICE & AGREEMENT - CONSULTATION HOURS

Service Provider: Marketing Your Brand Pty Ltd
Service: All Retainer Hourly Services
Rate & Length of Agreement: According to consulting hours subscription selected. 

Before the team at Marketing Your Brand Pty Ltd get stuck into your consulting hours/ micro-projects and tasks, there are a number of items we want to inform you about. For the purposes of maintaining transparency, this is a standard service agreement that will lay out the terms of our engagement. Please review and read the below terms carefully.

TERMS OF SERVICE 

Billing & Key Personnel

The following person(s) will be your primary go-to for this Agreement and its associated works:

Peggy Worrell
E: peggy@marketingyourbrand.com.au
Ph: 1300 108 400

Emily Foley
E: emily@marketingyourbrand.com.au
Ph: 1300 108 400

The hours that we provide are generated on the basis of the initial brief provided by you in our first consultation meeting or over Teamwork Portal or email correspondence and are generated under a time spent basis.


FEE STRUCTURES EXPLAINED

Prepaid Consulting Hours

Consulting hours do not guarantee project completion and may need to be extended based on complex or lengthy consults. Please note, consulting hours are available for Ad hoc services and have limitations of scope.

The amount of consulting hours chosen are at the discretion of the client. Marketing Your Brand may provide direction on estimations to complete required tasks, but are not bound to those estimates. Estimates vary greatly based and are subject, but not limited to the clients brief, scope of work, client requirements, level of skills required, timeframes and other variables.

Hours are discussed, either over the phone, on email or via a scheduled phone or Zoom consult prior to commencement. All work that is conducted is logged and timed on the Marketing Your Brands project management tool and client portal, via Teamwork. All work is conducted behind the scenes in a time efficient manner so that clients receive the best value from our allocated time. Any website, graphic design or copywriting services are conducted outside of our initial meeting and delivered once complete.

Please note, we only allow for 15 minutes of free discussion time per pre-paid consulting hours order. This is to ensure that the hours paid for are used for the purposes of completing client jobs. If discussions or meetings regarding scope of work are done after the initial start date, these will be deducted from your individual pre-paid consulting hours purchased.

Fee Schedule For Hourly Based Services

Please note, we base our hourly charge out rates on experience and skillset. What might take others hours to do, can take others far less time. Hourly fees are a reflection of not just company overheads, software, equipment, insurances and wages etc. but they are also a representation of the strategy, concepts, quality of work provided and skill level associated with each team member.

The Marketing Your Brand Team Project-based Hourly Rates:

Director, Brand & Website Designer
Rate:  $150 per hour (excluding GST) Package Discount Rate (usually $220ph)

Brand & Content Coordinator
Rate:  $130 per hour (excluding GST) Package Discount Rate (usually $190ph)

Junior Copywriter
Rate:  $80 per hour (excluding GST) Package Discount Rate (usually $120ph)

Graphics & Project Assistant
Rate:  $45 per hour (excluding GST)

Project Coordinator
Rate:  $120 per hour (excluding GST)

The Graphics Team
Rate:  $170 per hour (excluding GST)

Senior Website & SASS CMS Developers
Rate:   $180 per hour (excluding GST)

Junior Website & SASS CMS Developers
Rate:   $150 per hour (excluding GST) Package Discount Rate (usually $180ph)

Quoted Fixed Fee Projects

Should we work under a fixed fee arrangement (as quoted outside of the scope of work in your consultation hours). For projects quoted outside of your consulting hours, please note the below:

  • Project Payment Terms for projects quoted at under $2900AUD require full payment before your project will commence.
  • Projects quoted at over $2900AUD will commence once an initial 50% deposit has been received. The 50% upfront deposit is used to confirm the project and lock in your project dates, it also covers our research & development stages of your project.
  • The final 50% is due prior to design/or draft approval is reached, or transfer of website/copyright ownership is ready to be placed into your account name.
  • A reminder for the final invoice amount will be sent once your project is ready for ownership transfer.

Retainer Services

Should we work under a monthly retainer arrangement, invoices for retainer services are sent prior or after project commencement and you will be either billed monthly in advance or 30 days after commencement on the first day of each month. Please refer to your invoice for inclusions and terms & conditions of your project. We will provide you with an invoice for your records no later than 7 days prior to the last day of each month. month. If payment is not received within 14 days of invoice notice, cancellation, penalties, interest and fees will apply to the due amount.

Retainer Services are generally capped at a discounted hourly rate for active clients only, and are not available to new or returning clients, unless otherwise agreed upon by Marketing Your Brand. Prices for project and hourly services are subject to change without notice. 

Project Quotes

Prior to the commencement of services by Marketing Your Brand, and upon acceptance of the quotation, an initial retainer fee is immediately due and payable according to the dispatched invoice. Each item listed is an ‘estimation only’ and may vary depending on progressive requirements of the project. Payment to Third Party Providers are not included in this invoice, and are the responsibility of The Client. 

All due care is given to complete projects in a timely manner, and as soon as reasonably possible, however, timeframes are an estimate only and could predominantly rely on client, staff and any contractors or third-party providers. Please be mindful that delays outside of the control of Marketing Your Brand, cannot be accounted for and may delay the process accordingly. Strict adherence to Marketing Your Brand requests will further expedite the estimated timeframe.

Any Invoices/quotations provided are limited to the products and services listed in the invoice or Google Drive document supplied within the invoice via URL link or the Shopify order confirmation. Should additional instructions be received by Marketing Your Brand that do not fit the scope of the work agreed to by Marketing Your Brand, you will receive a further quotation, as well as Terms and Conditions for such instructions. Please review them carefully as they may alter from the original terms and conditions. 

USE OF MATERIAL

The client understands that some of our offerings such as (but not limited to) our tailored strategies, concepts, planning and advice contain intellectual property ideas and concepts. These documents are written and created for the purposes of engagement and for the client’s internal use only, and should not be copied (in part or in whole) or shared to external stakeholders, or be sold or reproduced for commercial purposes.

For the purposes of this Agreement, “Intellectual Property” includes, but is not limited to:

  1. all developed or co-developed technology, processes, practices, methodologies, patents, trademarks, copyright, registered designs;
  2. the right to have Confidential Information kept confidential;
  3. all operating and instruction manuals, systems, software, advertising, promotional material, know-how and all other documentation and materials of a Party relating to or used in connection with the Contract;
  4. any other rights in law or in equity, statute or otherwise relating to or used in connection with this Contract.

Unless expressly authorised by another provision of this Agreement:

  1. where the Client is an individual, you shall only use the Material himself or herself, and not authorise any other person to use the Material; and
  2. where the Client is not an individual, you shall use the Material only for the internal purposes of the company.
  3. You must not –
    • copy the Material or any part of the Material and redistribute for commercial purposes;
    • make the Material or any part of the Material available online;
    • electronically transmit the Material or any part of the Material; or
    • do any other act comprised in the Intellectual Property Rights in the Material or any part of the Material except as expressly permitted by this Agreement.

You agree that our intellectual property, and yours shall remain the property of each of us respectively unless such intellectual property has been co-developed and agreed to be joint between us.

This clause survives termination or expiration of this Agreement.

OWNERSHIP & RIGHTS

All original/working files remain the property of Marketing Your Brand and will not be released to the client until full payment is received.

The Client has full ownership of the work once all amounts outlined in invoices or order confirmations have been paid/received in full. Marketing Your Brand will hold a non-transferable, non-exclusive Creative License for the proposes of client promotion once ownership has been released. 

Marketing Your Brand Pty Ltd maintain signed non-disclosure agreements for all staff and contractors, and do not share sensitive outbound information with third parties without your express written permission. If we sign a non-disclosure agreement for the client, please maintain your copy, as we utilise generic NDA agreements, Marketing Your Brand are not required to maintain copies of each signed agreement.

GENERAL TERMS

Services provided, research and analysis are conducted and completed in accordance with the Australian Consumer and Competition Commission (ACCC), our own privacy policy, laws and regulations. 

Marketing Your Brand reserve the right at any time to terminate, withdraw, modify or discontinue the Service (or any part or content thereof) without notice at any time.

Marketing Your Brand shall not be liable to The Client or to any Third-party Provider for any content, modification, price change, suspension or discontinuance of the Service.

Failure to meet Marketing Your Brand payment terms of the invoice may result in applied penalties, including but not limited to interest, late payment fees and other charges. Failure to pay invoices more than 14 days in arrears (of the specified due date) will result in project holds, cancellation or withdrawal. Documentation, files and project information may also be withheld until payment terms have been met. 

Marketing Your Brand is not liable to The Client or any Third-party Provider for any products or services rendered on behalf of the client. This includes but is not limited to modification, software failure, price change, suspension or discontinuance of the service. Grievances with or failure of service by Third-party providers (including applications or software used), are cordially directed to the Third-party and The Client. 

If false or misleading information is provided by The Client at any time, Marketing Your Brand reserve the right to terminate, modify or discontinue the Service (or any part or content thereof) without notice at any time.

Marketing Your Brand abides by The Australian Competition and Consumer Act 2010 (Cth). Please view more here.  

Confidentiality

You agree that you will provide accurate information, to the best of your knowledge, to us at Marketing Your Brand Pty Ltd; you will not use us or any of its related services for any illegal or immoral purpose. You represent and warrant to us that to the best of your knowledge, use of the content provided by you does not infringe the rights of any third party.

All material that are considered confidential by either party shall be designated as confidential. Parties are to exercise all reasonable acts to ensure this is kept confidential. Such confidential information shall not be disclosed to third parties and shall only be used as needed to perform this agreement.

For the purposes of this agreement, “confidential information” means all confidential information and trade secrets of a Party whether verbal, written, or in electronic format including:

  1. any techniques, methods, programmes, source code, object code, software, materials, photographs, documents or manuals of a Party used in their respective businesses;
  2. any information relating to the business affairs, accounts, reports, marketing plans, prospects, research, management or finances of a Party;
  3. any databases, specifications, drawings, records, reports and software of a Party; and
  4. any other documents, material, and information whether in writing or otherwise concerning a Party that are not generally available to the public to which a Party gains access.

On the completion date or termination of this Contract, or at any time requested of either party, the other party shall immediately return (or destroy) all Confidential Information to the other party (whether digital, or in physical form, or verbally expressed).

No Relationships Constituted

We are excited to have the opportunity to work with you. However, you acknowledge that there will be no agency, partnership, joint venture, employee-employer or other similar relationship created by this Agreement. In particular, you have no authority to bind Marketing Your Brand, its related entities or affiliates in any way whatsoever.

No Warranty

Our services and strategies are provided on an "as is" basis, and without any warranty or condition, express or implied. While we agree to deliver our services/strategy sessions at the highest standard and endeavour to deliver the best possible outcome, you acknowledge and agree that nothing in this agreement shall constitute as an express or implied warranty or guarantee:

  1. as to the outcomes that may be obtained from the strategy session and/or use of the Services;
  2. as to any increase in revenue, profit or good will that may be obtained as a consequence of the strategy session and/Services;
  3. as to the accuracy, reliability or content of any information provided through the strategy session and/or Services (as changes do happen in the online world to change this, everyday);
  4. as to the lead quality; and
  5. as to the cost acquisition.

Liability

If you suffer any loss or damage as a result of conduct by us constituting negligence, breach of contract, breach of fiduciary duty or otherwise giving rise to a liability on our part, then (to the extent that the law allows effect to be given to a contractual provision for the limitation of damages or compensation), please note we will not be liable for any damage or compensation to the extent that your loss or damage is caused or contributed to by you or others; and the damages or compensation recoverable by you shall not exceed the amount of the maximum sum insured pursuant to our compulsory professional indemnity insurance.

Disputes & Mediation

If you are unhappy with the service you received, or you have a complaint about the service received from us at Marketing Your Brand please do contact us directly and immediately at peggy@marketingyourbrand.com.au so we are able to do our best to rectify the situation. We want to do our absolute best to rectify this human to human and ensure we find a solution for both parties.

If escalation is required, you agree mediation will be the first cause of action, if communications between us in an attempt to resolve the dispute has exhausted. You acknowledge that all legal/mediation/arbitration fees associated with a dispute raised by you will be billable to you (in full).

Choice of law

The agreement herein is governed by the law in force in the State of Queensland and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions. If any of these Terms are invalid or unenforceable, they may be struck out and the remaining Terms will continue to be of full force and effect.

Law Enforcement

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.

Disclaimer this copy of terms of service are used as an easy guide, please refer to your client agreement and invoice for more project specific details.