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Terms and Conditions
Use of Action Online Ltd Website Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing New Zealand Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
Please see our Privacy Policy page.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Availability
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in New Zealand.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in New Zealand , Number 2362012
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of New Zealand govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the New Zealand courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Action Online Ltd 2009 All Rights Reserved
WEB DESIGN AND WEB DEVELOPMENT TERMS AND CONDITIONS
In the absence of a specific contract for your Web Site Design or Web Site Development project, this contract will apply.
1. COMMENCEMENT. The project shall commence once the project requirements has been made available to ACTION ONLINE, by you, hereinafter referred to as THE CLIENT and you confirm you have accepted these Terms and Conditions. The Development phase of the project shall only commence once a DESIGN CONCEPT has been approved by the client for development.
2. MATERIALS. Website contents; Any content required in addition to the agreed website design template, including photographs, videos, product info, write-ups and all text content will come from THE CLIENT, unless THE CLIENT purchases the ACTION CONTENT package, in which case ACTION ONLINE will supply the content (for five pages of the website per ACTION CONTENT purchase).
In cases where the Images, Videos and Text Content used are licensed or copyrighted, THE CLIENT shall purchase the images, Videos and Text Content for legitimate use, unless THE CLIENT purchases the ACTION CONTENT package, in which case ACTION ONLINE will shall purchase the images, Videos and Text Content for legitimate use (for five pages of the website per ACTION CONTENT purchase).
3. DEFINITION OF TERMS. The following definitions shall apply whenever applicable in these Terms and Conditions.
a) Design Concept. A design concept is a conceptual art of the look and feel of the website created by ACTION ONLINE based on one or more website templates and shouldn’t be mistaken from a major revision.
b) Minor revisions. Minor Revision includes navigation name changes, font styles, text changes, simple colour changes, alteration of plain background or borders, replacement of new graphic already made available by the client.
c) Major revisions. Major Revision includes changes in major design elements, like the entire colour scheme of the site, complex background and complex borders, main character elements and custom graphics that will be created from scratch, changes in the navigational structure, 3D elements and those that will effect the slicing of graphics and overall look and feel of the website and those changes that will affect the structure of the database or other backend programs already integrated on the Completed Website Structure or Final Website.
d) Completed Website Structure. A Website is considered a Completed Website Structure once everything is in place, minus the Content; this includes all required pages of the website based on the Design Concept, a working navigation menu and backend database (if there is any), and uploaded to the designated server or a temporary location for client viewing.
e) Final Website. The Final Website is identical to the Completed Website Structure but in addition, all of the website Content, including text, images and videos (if required) are in place and the website is ready for public viewing.
f) Website Proposal. A document or email, detailing what features will be included in the website, the purpose of the website and the prices of the project.
4. DESIGN CONCEPTS. A maximum of three (3) design concepts for the website subject for revision shall be presented to THE CLIENT for approval. $100 will be charged for each additional study.
5. REVISIONS. Up to 10 minor revisions shall be allowed once the initial design was approved before going on to the development phase of the project. Once the design is approved and is ready for development phase, it shall be considered final and will be used for the entire theme of the web site.
In cases where THE CLIENT wants to modify/change the design, and other major revision changes, after the website has been uploaded to the designated/temporary server for client viewing, THE CLIENT shall be charged the hourly rate of ACTION ONLINE for man hours required to complete these major revision changes.
6. ENHANCEMENTS/ADDENDUM. Additional features requested by THE CLIENT to be integrated such as additional section on CMS, additional sections on the frontend, replacement of an entire animated scene, or additional graphics not originally outlined on the Project Brief, shall be considered ENHANCEMENTS OR ADDENDUM to the project. Enhancements/Addendums are exclusive of the original time table of the project and will be billed separately.
7. THIRD PARTIES. THE CLIENT shall not allow the services or assistance of a Third Party designer to work with the project without the permission and knowledge of the ACTION ONLINE. Additional charges shall be applied accordingly as indemnity.
8. PAYMENT:
If THE CLIENT chooses NOT to purchase the ACTION CONTENT package:-
a) 1/3 payment upon THE CLIENT agreeing the Website Proposal.
b) The remaining payment shall follow immediately after the Completed Website Structure stage or within 3 days upon completion of the project or the Completed Website Structure has been uploaded to the designated server for public viewing and loading of content by THE CLIENT.
Payment shall be coursed through an online payment method or an alternative agreed upon by ACTION ONLINE and THE CLIENT. (Transaction charge shall be covered by THE CLIENT).
If you are responsible for withholding information for completion, the Web site is then deemed payable in full after 60 days from initial start date.
If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.
If THE CLIENT chooses to purchase the ACTION CONTENT package:-
a) 1/3 payment upon THE CLIENT agreeing to the Website Proposal.
b) An additional 30% payment upon the website reaching the Completed Website Structure stage.
c) The remaining payment shall follow immediately after the Final Website goes online or within 3 days upon completion of the project or the Final Website has been uploaded to the designated server for public viewing.
Payment shall be coursed through an online payment method or an alternative agreed upon by ACTION ONLINE and THE CLIENT. (Transaction charge shall be covered by THE CLIENT).
If you are responsible for withholding information for completion, the Web site is then deemed payable in full after 60 days from initial start date.
If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.
9. MAINTANANCE. Once the project is complete and the Final Website is online, ACTION ONLINE are not responsible for any ongoing maintenance to THE CLIENT or THE CLIENT’s websites. Where maintenance or upgrades to the website are required, ACTION ONLINE will provide time and materials based quotes for the work.
10. NON CONFORMANCE OF PAYMENT. The website will be shut down within 72 hours if THE CLIENT has expressed non conformance of payment within 5 days after the billing statement has been received.
11. INTEREST. A 10% interest of the total project cost shall be charged to the client for every weekly delay in payment of the project, once the Final Website is completed and uploaded to the designated server for public viewing.
12. CONFIDENTIALITY. ACTION ONLINE shall hold in confidence all materials submitted by the CLIENT. Furthermore, ACTION ONLINE agrees to sign a non-disclosure agreement if the Client so requires.
13. LINK TO ACTION ONLINE. THE CLIENT agrees a link will be created and remain on THE CLIENT's website, linking back to the website of ACTION ONLINE.
14. CANCELLATION/REJECTION OF PROJECT. The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, THE CLIENT observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to ACTION ONLINE. Any usage by THE CLIENT of those design elements will result in appropriate legal action. THE CLIENT shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under these Terms and Conditions or in which ACTION ONLINE may become a party by reason of these Terms and Conditions.
15. RIGHTS. All properties of originals (Source Files) created by ACTION ONLINE, which includes but not limited to Photoshop Layered PSDs, Flash FLA’s, Illustrator AI’s and 3D source files shall remain the property of ACTION ONLINE unless otherwise purchased by THE CLIENT at a rate of 20% of the total project cost in which case the client shall have unlimited license allowing client to modify the source however the client sees fit for their business and business use only.
All files other than the source or originals which are defined in the previous statement shall be the property of THE CLIENT. These include HTMLS, PHP, Database, Flattened JPEG images, SWFs, GIFs etc.
Furthermore, All files used in the development of the website, including all source or originals, shall remain the property of ACTION ONLINE until duly paid by the CLIENT upon completion of the project.
16. REPRODUCTION OF WORK:
THE CLIENT accepts no right to give away or resell any portion of the code created by ACTION ONLINE.
The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Where applicable the client will be given any necessary credit for usage of the project elements.
17. WEBSITE HOSTING. When ACTION ONLINE hosts your Final Website, THE CLIENT agrees to comply with all the terms and conditions of the Web hosting terms and conditions.
18. LIMITATION OF LIABILITY. Should there be legal dispute from the execution of this Agreement, ACTION ONLINE’s liability shall be limited to the amount it has received from THE CLIENT as payment for its services.
19. APPLICABLE LAW. The Consumer Guarantees Act 1993 may apply to any services we provide if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit your rights under this act.
Where you acquire our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand. If you wish to make a claim against us you must do so in a New Zealand court.
Web Hosting Terms and Conditions
Action Online Limited is referred to as "we" or "Action Online" in this document, and Client is referred to as "you".
1. OUR SERVICES
Action Online provides a range of Internet products and services, including: web hosting and domain registration.
When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.
We retain the right to refuse service to anyone at any time.
2. PAYMENT FOR SERVICES
You can pay for your account by Direct Debit or Direct Credit. We do not accept cash.
You have the option to receive invoices by post, or email, or both.
Payments are due 21 days following the date of the invoice, and automatic email notification will be sent to you by email if payments are overdue.
If you fail to make payment within 21 days we may suspend or restrict the services on your account.
It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.
You will be responsible for any costs incurred to recover your debt.
3. CANCELLATION OF SERVICES
You agree to give at least 30 days notice of cancellation of services (excluding Domain registration).
Notice must be made by post or fax on your company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.
You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew.
Any prepaid credit will be refunded, once we have deducted the difference between discounted months and full-paid months of service.
4. OUR RESPONSIBILITIES
We agree:
(a) to provide high performance Internet services to you;
(b) to be available during business hours by telephone for support and inquiries;
(c) to be available by email at all times for support and inquiries;
(d) to correct all problems with the web hosting as soon as they occur;
(e) to provide an online summary of any scheduled, or unscheduled downtime, and to notify customers by email who wish to be notified;
(f) to provide a 10% credit on your base fee (Starter, Pro, and Ecommerce only) to your next bill if requested (based on 45 minutes or more of unscheduled server downtime in any given month *, or not having email to our support dept responded to within 60 minutes during business hours of 8:30am to 5:30pm, Monday to Friday);
(g) to respond as soon as we can to emergency support requests;
(h) to bill you correctly for the services you subscribe to; and
(i) to keep all software and systems up-to-date.
* excludes network downtime that is beyond our control (third-party).
5. YOUR RESPONSIBILITIES
You agree:
(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your account current, and not let invoices fall overdue;
(c) to keep your private access details (usernames and passwords) confidential;
(d) to keep back-up copies of all files you publish to the servers we use;
(e) to download important files and database backups regularly;
(f) to download your mail regularly; and
(g) to not store mail on our server for longer than 30 days (or it may be removed without notice).
We prohibit the publication of the following content on the servers we use (including pictures, links, and text):
(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is libellous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(e) file archives of music, videos, images, without permission.
(f) IRC clients, bots, servers.
We also prohibit the use of the servers we use for:
(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.
We do not screen the material you publish to the servers we use. Any material you publish is considered publicly accessible.
If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.
6. RETRIEVAL OF ACCESS DETAILS
If you lose your access details there are three things in the following order you can do:
(a) request an automatic password re-send, if available;
(b) phone or email our support staff to re-send them to the address we have on record; or
(c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
7. CHANGING YOUR DETAILS
We provide you with the ability to update your contact details yourself through the online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
8. OUR LIABILITY TO YOU
As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.
To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.
9. IP ADDRESSES Action Online maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.
10. COMPLIANCE WITH LAW
You agree to use our services in a manner consistent with all applicable New Zealand laws. If you wish to make a claim against us you must do so in a New Zealand court.
Online Marketing Terms and Conditions
1. Online Marketing and Search Engine Optimisation (SEO). Action Online will agree with you, the Client, for the required amount of work on prioritised tasks for increasing web traffic and/or conversions, together with a fee for the Project. Other Online Marketing work can include; registration and submissions into various social networking websites (such as Twitter, Facebook and Digg), email promotions and video productions.
1.1 SEO work which Action Online undertakes may be detrimentally affected if the Client has:
1.1.1 Employed the services of another SEO Company to work on the web site at the same time.
1.1.2 Employed the services of a Submission Company during the same period.
1.1.3 Created any duplicate sites, duplicate content or pages, redirects or doorway pages.
1.1.4 Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site's ranking with Google or other search engine companies.
1.1.5 Any other additional SEO or SEO related activity.
1.2 To that effect Action Online request the client inform Action Online in writing if any of the above has been undertaken either currently or prior to the appointing of Action Online. If any such work has been undertaken Action Online will not be held responsible for any agreed targets or guarantees and in such circumstances Action Online reserves the right to withdraw its obligations to the client.
1.3 It is agreed and understood that any activities undertaken by the Client (or by any third party on its behalf) which is in relation to or similar to the Project, including without limitation any modification of the Project or the Client's web site or the use of or inclusion of any third party product or service which might relate to the Project shall interfere with the provision of the Project by Action Online and affect the results, outcomes and positions in search engines. All such things should be discussed with Action Online prior to implementation and Client shall not implement the same without the prior written consent of Action Online. Remedy of such matters shall be dealt with by way of Action Online’s hourly charge of $100 per hour.
1.4 Action Online may make void any campaign and any outstanding balance becomes payable should it be discovered that the client has participated in actions considered undesirable (spamming) by the search engines, such as hidden links, links to link-farms, FFA link pages, redirect or cloaking techniques, submissions the web pages of the site to the search engines, search directories or other websites without the consent of Action Online, use of automated web site submission software or automated reciprocal link programs.
2. Action Online also offers Pay Per Click (PPC) marketing services with the following PPC suppliers:
• Google Adwords
• MSN Ad Centre
• Yahoo Search Marketing
If the Client wishes to advertise on any of these PPC systems, they are required to pay a set up fee starting from $1000 per PPC supplier plus an agreed ongoing monthly management fee (minimum $100 per month); this includes one performance report per month.
Other PPC related work is charged at $100 per hour.
2.1 PPC Management includes the management, adjustment and refinement of existing campaigns and Adgroups.
2.2 New campaigns and Adgroups can be created to achieve new marketing objectives and the time taken will be pre-agreed and charged as extra at the hourly rate of $100 per hour. Typically this will cost $350 per new Adgroup.
2.3 Special Reports and Rapid Turnaround. From time to time clients require work to be done immediately. Action Online reserves the right to charge double time (i.e. $200 per hour) to prioritise such projects ahead of pre-existing planned work. This will be confirmed with the Client at the time of request.
3. Client Information - The Client shall provide Action Online, upon request, with adequate information on The Client’s business, products and/or services to enable this consultancy to proceed.
4. The Client's Approval - where a marketing service is provided, all materials for publication shall be submitted by Action Online to the Client for approval, prior to publication.
Following such approval, Action Online shall not be liable for any loss or damage suffered by any party resulting directly or indirectly from such publication. The Client further agrees to indemnify Consultant from any third-party claim in this regard.
5. Client Availability - The Client shall make its personnel available to Action Online for discussion, on the Client’s premises (or elsewhere, subject to Action Online's agreement), according to a schedule to be agreed.
6. Project Management - The Client will be allocated a dedicated project consultant who can be contacted in working hours by email or phone.
7. Timescales - Action Online expects to complete the service within the timescale agreed in the Proposal Document, though time shall not be of the essence in this regard.
8. Limitations of Liabilities for Online Marketing services. Action Online Ltd is committed to excellent service and continuous performance improvement. We believe that it is in our own interest to meet or exceed customer expectations and all staff are motivated to achieve this. However we have to be clear about the limit of our liabilities in providing the Online Marketing services variously referred to as Web design, Web maintenance, SEO, PPC, SEM as follows:
8.1 Limitation of liability and warranty disclaimer: Action Online Ltd makes no representations, warranties or guarantees of any kind, either express or implied with respect to the Online Marketing program, or the functionality, performance or results of use thereof, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or other warranties arising by usage of trade, course of dealing or course of performance.
8.2 Without limiting the generality of the foregoing, Action Online does not warrant or guarantee that the Action Online, online marketing program or operation thereof will be uninterrupted, error-free or will meet The Client's requirements.
8.3 Action Online will not be liable for, or considered to be in breach of or in default, on account of any delay or failure to perform as anticipated by the parties, including, without limitation, if Action Online's Online Marketing program becomes inoperable or incapable of performing as intended.
8.4 Action Online will not have any liability or responsibility for any special, indirect, incidental, consequential or exemplary damages in connection with this agreement, including, without limitation, damages relating to the loss of profits, income or goodwill, even if aware of the possibility of such damages.
8.5 In no event will Action Online's liability for monetary damages under this agreement exceed the amount paid by the Client to Action Online for the online marketing program.
9. Confidentiality - Action Online expects that all information provided to it shall be non-confidential.
In the event that confidential information is divulged to Action Online, such information must be defined, in writing, to Action Online, who shall, thereafter, take reasonable precautions to prevent its further disclosure.
10. Payments and Invoicing
10.1 The Client agrees to pay Action Online the agreed fees per the Proposal in consideration of the services which have been requested in the Proposal.
10.2 In the event that payment is not received within the agreed payment terms in the Proposal, Action Online shall be entitled to issue further invoices for late payment charges at a rate of 2% of the outstanding amount per calendar month or part thereof.
10.3. Any payments to third parties such as Google will be the Clients’ responsibility.
Where Action Online agrees to pay third party fees on behalf of a Client, a handling charge of 12% of the amount will be billed to the Client. These fees will be invoiced and paid for three months in advance.
10.4 Action Online reserves the right to change pricing at its discretion but will always provide customers with one month’s notice of any changes.
11. Reporting and Continuing Work - once contracted, we will report monthly on work completed in the last month, results achieved against objectives and suggested work planned for the next month according to the Clients available budget. Unless Action Online is told otherwise in writing (by email), Action Online will continue with the suggested work which has been recommended by the Client’s Action Online professional consultant.
12. Termination - The Client may terminate the contract at any point subject to a paid notice period of 30 days during which preparations will be made to handover completed work subject to payment of outstanding invoices. Please see Clause 13 on Intellectual Property.
13. Intellectual Property - in the event of contract termination for any reason whatsoever, Action Online claims the Intellectual Property rights and rights of ownership of any keyword list, or advertisements or other data which have been created or developed to provide the PPC Management service for the Client. In entering into a PPC contract with Action Online, The Client accepts Action Online’s ownership of such data and Action Online’s right to charge a fee of $1000 plus GST to handover such information to the Client in the event of contract termination.