Service Agreement & TCs
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Welcome to the JRR Marketing website (hereinafter referred to as the “website”). If you (hereinafter referred to as “you”, “your”, “user”, “member”, or “client”) choose to use our website, then you agree to comply with and be bound by this Service Agreement (“Terms”) which governs your relationship with JRR MARKETING & WEB DESIGN and JOSIAH REECE ROCHE ABN 41 912 948 914 and all its affiliates (hereinafter referred to as “we”, “us”, “our”, “service provider”, “I”, “my”, or “JRR Marketing”), established under the laws of Australia. Therefore, please read this Service Agreement carefully as it governs your use of (which includes access to) JRR Marketing’s personalised services.
Your access to and use of this website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website or engage in services with JRR Marketing. Using this website includes hiring, employing, contracting, agreeing to, or by any other means involving us.
We are primarily engaged in the business of Digital Marketing Consultancy; and provide digital marketing and website services (including, but not limited to, Search Engine Optimisation, Paid Traffic advertising, Conversion Rate Optimisation, general marketing advice, and website development), and such other services that are consistent with the delivery of our business objectives, on the Service Agreement specified herein below. Moreover, we have the requisite expertise, experience, and know-how of providing the desired services and to deliver such services upon the Service Agreement set out hereinbelow (“Services”).
We may charge you for the Services through Upwork or via direct invoicing. However, please note that no proof of hours worked on will be provided to you.
Some of our Services are restricted to a set number of working hours defined by the term “Session” or “Sessions”. A Session is typically defined as an 8-hour period that is allocated by us to work on a particular deliverable. However, a Session may be limited to the number of hours, which shall be at our discretion. Additional work Sessions or tasks requested by you outside of these Sessions, or additional requests outside of hours that have already elapsed (time that has been consumed or expended by us towards your task) will be considered out-of-scope for the Service and we are not expected to carry out additional work requested by you.
Although the Session time starts and stops are decided at our own discretion, and may be changed at any time without notice, our current and up-to-date work Session hour allocations are as follows:
White Label Google Ads
Your Monthly Ad Spend
Monthly Work Sessions (8 Hours Per Session)
$0.00 – $5,000.00
$5,000.01 – $40,000.00
$40,000.01 – $50,000.00
Decided at our own discretion
Any revisions or any other type of adjustment requests by you, after any works by us has been delivered to you, will be charged additionally. We do not complete any revisions or adjustments, no matter how small, without additional charge unless otherwise agreed to in writing (via email between both you and JRR Marketing).
WHITE LABEL GOOGLE ADS GUARANTEE
The guarantee advertised on the White Label Google Ads page of the Website is limited to the initial agreement of a 3-month commitment in writing between you and us. This guarantee does not apply if you have not agreed to an initial Service term commitment of 3 months or longer (in writing via email), or if you decide to terminate the Service before the end of initial 3-month commitment. In other words, this guarantee does not apply for clients that are month-to-month, even if three months have elapsed and the Service continues. There must be a specific commitment of 3-months from the beginning of the engagement.
The guaranteed results are determined by any improvement in the number of clicks, or number of conversions, or number of impressions metrics used in Google Ads when comparing to any time before the Service date commencement (any time before we have been appointed to manage your Google Ads).
COPYRIGHT AND USE OF WEBSITE
This Website and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of the JRR Marketing, and is protected from unauthorised copying and dissemination by Australian Intellectual Property laws, Australian Copyright laws, trademark law, international conventions, and other associated laws. Certain of the trademarks and logos displayed on the Website are owned by third parties. Except as we have described in these Terms, nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, using framing or otherwise, without the prior written permission of JRR Marketing or such third party that may own the trademark or copyright of material displayed on this Website. We encourage and permit links to Content on the Website. However, we are committed to the highest professional standards. Therefore, we do not grant any license or other permission for links or other use of the Website or its Content if such use or link: (a) suggests that JRR Marketing promotes or endorses any third party’s causes, ideas, political campaigns, websites, products, or services, (b) copies, displays, disseminates, or otherwise uses the Content without our express written consent, or (c) uses the Content for commercial purposes. Furthermore, we do not grant its consent for links to the Website where the linking party engages in any Prohibited Conduct (as described in these Terms). We reserve the right to withdraw permission for any link at any time. Subject to your full compliance with these terms, JRR Marketing authorises you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, if you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
RIGHT TO AUTHORSHIP
Both you and JRR Marketing agree that we reserve the right to use footage or photographs reflecting the work done for you, the client, i.e., display client logos, case studies and testimonials on its social media platforms such as Facebook, Instagram, Twitter etc, and our Website. You hereby undertake no objection to the use of such content for our publicity and promotion.
RESPONSES TO ONLINE REQUESTS
From time to time, we may offer to provide information or materials via email or otherwise to interested persons. We reserve the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
We are not accountable or responsible to carry out any action or task required for any Service in the event of encountering any disruptions or delays. These may take place due to the following reasons: (a) when you have failed to provide us access to essential tools or systems related to the required action or task of the Service, or (b) when you have not provided a response in a timely manner. Roadblocks are not deductible from the Service fee, and you will be charged in accordance with the Service pricing regardless. We encourage you to ensure that you provide us all necessary information and access to any tools and systems related to the Service before tasks have been attempted.
You may use the Website for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Website, any Content that is any of the following: is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to us at our sole discretion; contains computer viruses, worms, moles or other contaminating or destructive elements; violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; contains any false or misleading statement; contains advertising; or otherwise violates any applicable criminal or civil law. You may not use the Website for any commercial purpose and may not distribute over the Website any solicitation of funds, goods, and services. In addition, you may not use the Website to solicit subscribers to join other online information services that are competitive with the Website.
When registering with or applying to us, you must provide accurate, complete, and current registration information and you agree to provide JRR Marketing with any updates to that information promptly after such changes occur. Your right to use the Website is personal to you and cannot be transferred to any other person. You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You shall be responsible for all charges associated with accessing and maintaining a connection to the Website including, but not limited to, charges imposed by an internet service provider, or your local telephone company.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by us. When you use the Website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the relevant Service Agreement(s) and privacy policies of any third-party websites or services that you visit.
NO GUARANTEE OF RESULTS
You expressly agree that your use or inability to use the Website and our Services is at your own risk. You accept, agree, and understand that you are fully responsible for management of your business and sales process. We do not offer any representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You are solely responsible for your own actions and results in both life and business, which are dependent on factors that are personal to you, including (but not limited to), your skill, knowledge, ability, dedication, business savvy, network, and personal financial situation.
You accept, agree, and understand that any testimonials or endorsements provided by our customers or audience that are represented through our Services, Website(s), marketing materials, advertisements, or any of our communication channels have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our Services, Website(s), marketing materials, advertisements, or any of our communication channels are opinions only and therefore are not guarantees or promises of actual performance.
We may terminate or suspend your account/use immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service, however additional charges may apply
LIMITATION OF LIABILITY
In no event shall we, nor our employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You unconditionally and irrevocably indemnify, hold us indemnified and keep us, our employees, consultants, shareholders, agents and other representatives harmless against any and all action, claim, demand, loss, liability or cost (including legal cost on a solicitor and client basis), whether arising under contract, tort or a statute (including by a third party) that arises, or results from, or is in any way connected with the Website and Services, including the sale of any product or service via your website.
NO REVERSE ENGINEERING
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Website, whether in whole or in part.
The information given to you through this Website or via our Services does not constitute professional legal, accounting, investment, tax, real estate, medical, psychological, financial, or other professional advice and is general in nature. It is not tailored to you and does not consider your specific circumstances, nor does it verify the truthfulness and accuracy of what you tell us about yourself and your business, and it should not be acted upon without full understanding of your current situation and future goals and objectives. You are responsible for making the determination as to whether the information given to you by us is suitable to your needs. We don’t guarantee results or offer legal advice, nor are we responsible for compliance in your industry. We accept no liability for any loss or damage whatsoever arising out of the use of this website, the Services, or reliance on the content of the Website or Services. Please also review our Earnings Disclaimer.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We, our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Australia.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
We may offer automatic or manual updates to the website at any time and without notice to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
We recommend you return to this agreement periodically, to review the most recent and updated version.
If you have any questions about these Terms, please contact us.