Definitions
Agreement or Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
Google / Google Ads / Search Engine means Google and Google Ads except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / Let’s Build a Website (LBAW) ABN 88 234 513 526.
Account refers to any Google account created by Your Let’s Build a Website in the course of providing services to the customer and the data pertaining to such Google accounts.
Payment Terms
1. The Initial Set Up Fee is payable in full before the setup of your Google Ads accounts will begin.
2. The Management Fee for your Google Ads account will be charged in advance on monthly basis. 7 days before the end of the previous month to start.
4. LBW reserves the right to stop managing your Google Ads account and terminate this Agreement at any time by email. If this occurs your Let’s Build a Website management fee will stop immediately and no further payments will be charged.
5. If you wish to suspend or cancel your Let’s Build a Website management of your Google Ads accounts at any time then please let us know by phone or email.
6. Upon cancelling Let’s Build a Website management, all amounts owing to LBAW will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
7. All prices quoted on our website including emails and proposals are in Australian dollars and are GST exclusive.
8. Let’s Build a Website reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 30 days.
General Google Ads Terms & Conditions
Whilst Let’s Build a Website are managing your Google Ads account the following terms and conditions apply:-
9. By entering this Agreement with Let’s Build a Website you give us permission to access your Google Ads account for the purposes of optimisation and management of your online business.
10. Let’s Build a Website will endeavour to set up your Google Ads accounts as soon as possible, however in some cases it may take up to 7-14 days to complete set up of your new account.
11. Let’s Build a Website management (with LBAW management fees) is a separate service from the “per click” fees that Google Ads will charge you. Cancellation of your management does not automatically stop your Google Ads advertising from running and incurring Google Ads “per click” fees. Let’s Build a Website will not be liable for any amounts that Google Ads charges you following the cancellation of your management with Let’s Build a Website. If you wish to cease advertising online at the same time that you cancel your Let’s Build a Website management, please notify your Client Manager in writing so that we can cancel your Google Ads online advertising as well. Alternatively, you may choose to directly access your own Google Ads account to arrange cancellation.
13. For clarity, please note that:-
(a) Let’s Build a Website is not Google, Google Ads, Facebook or Yahoo;
(b) Let’s Build a Website is affiliated with Google by being a “Google Premier Partner”. However despite this affiliation with Google, Let’s Build a Website is a separate entity from Google.
14. Let’s Build a Website will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Let’s Build a Website do not guarantee any particular rate of return or performance of any online advertising on Google Ads (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google Ads account for your business and/or websites.
15. Let’s Build a Website is providing an internet marketing service for a competitive price. Let’s Build a Website is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
(a) Let’s Build a Website will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
(b) The maximum liability of Let’s Build a Website to you is the lesser of:-
(i) the sum of Setup Fees and Management Fees you have paid to Let’s Build a Website, or
(ii) the cost of re-supplying the online advertising services ; or
(iii) the cost of rectifying the online advertising problem which has caused your loss.
16. These Terms and Conditions are governed by the law in force in the State of NSW, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of NSW, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
17. These Terms and Conditions can be modified at any time by Let’s Build a Website. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
18. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
19. You warrant to us that you will use the services provided by Let’s Build a Website under this Agreement for business purposes (and not predominantly personal, domestic or household use).
20. To the extent that Copyright subsists in any text that we create for your Google Ads account/s pursuant to this Agreement; We assign copyright in such text to you. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.
Intellectual Property and Account Ownership
Any Google Ads accounts, documentation, systems, design, materials, methodologies, and processes created in the course of providing services to the customer shall remain the property of Let’s Build a Website. All documentation, systems, design, materials, methodologies, and processes created in the course of providing services to the customer may only be reproduced or resold with the permission of Let’s Build a Website.
Termination of Services
At the conclusion of Let’s Build a Website providing services to the customer, the customer will retain read-only access to the account for a period of up to seven days. This access is sufficient to analyse the account and its performance. The account itself will not be handed over and remains the intellectual property of Let’s Build a Website.
The client must provide 30 days written notice of its intention to terminate the agreement and the agreement will terminate at the end of the monthly billing cycle.
Where the client terminates the contract then it must continue to pay all fees due and payable up until the end of the monthly billing cycle.
Upon termination, the client will not be entitled to any refund of charges for the current monthly billing cycle.
