Commencement of work

Productpreneur Marketing will not commence work on the project until the acceptance section of the proposal has been signed by an authorised representative of your business and received by Productpreneur Marketing.

Payment

  • Client agrees to pay our retainer payment via credit card on automatic payments
  • The 10% revenue share commission payments will be invoiced 7 days after end of month, with 7 day terms
  • Penalties for late payments are: 5% for payments between 8-30 days past due date; 10% for payments more than 30 days past due date.

Results Guarantee

To qualify for the 12-month results guarantee, clients must:

  • ensure the best-selling inventory is consistently in stock / available to sell
  • execute the tasks they’ve been allocated in the Results Action Plan, including creating new visual content (still image or video footage) required for use in advertising and marketing
  • actively engage with their audience on social media, including creating and distributing new content on social media consistently each week
  • be prompt with order fulfilment and customer service (ensuring a great customer experience)
  • permit us to scale / increase spend on profitable advertising campaigns without restriction
  • work with Productpreneur Marketing continuously and uninterrupted throughout the 12-month period.

Guarantee Exclusions 

The Client agrees that Productpreneur Marketing shall not be held liable for results outside of its control, these include: 

  • Client ad account payment failures 
  • Non-compliance by Client to provide Productpreneur Marketing with necessary collateral & assets which delays in scope timelines 
  • Major external disruptions to the market, such as an environmental disaster (major flooding, bushfires etc), pandemic, or similar national or global crises.

Termination of contract

Productpreneur Marketing requires 30 days written notice for termination of contract.

Fees for service and excess work

It is agreed that the fees for service shall be the cost provided in the proposal. Changes outside of what is detailed in the proposal will be scoped and a quote submitted for your approval before proceeding. 

Advertising Responsibility

The Client agrees they will not make edits of any kind to their Facebook or Google ad accounts during the period of this contact with Productpreneur Marketing. This includes placing new ads, editing ads or budgets, or turning ads on or off.

Advertising Account Payment Responsibilities 

Productpreneur Marketing shall take all necessary measures to notify Client of any Facebook or Google Ad Account payment issues which cause the delivery of Ad Campaigns to cease, as soon as Productpreneur Marketing is aware of the issue. Client undertakes to resolve the payment issue to the best of their ability within 2 hours of being made aware of the issue. 

The Client also ensures they have two payment methods on file with paid traffic platforms (credit cards with plenty of funds, not PayPal), to ensure that payments to ad platforms never bounce.

Facebook Data Responsibilities 

Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept,” passing to Facebook the Hashed Data, or using custom audiences or advertising, you agree to the following: 

* You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms. 

* If you are providing Hashed Data, you agree to only provide the agency with data that is owned by you as the advertiser and not to augment or supplement the data with other data except as expressly authorised by Facebook. You represent and warrant that you have the authority to use such data on their behalf and will bind the advertiser to these terms. 

* You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honouring or provided to opt out of having that data disclosed and used by you or on your behalf for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience.

Search Engines

We do not guarantee any specific ranking or position in search engine results for your website.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non-Solicitation

Neither party shall solicit the services (either on a contractor, casual, part-time or full-time basis) of the other party’s employees, independent contractors, and/or consultants during the Term we are working together.

Recruitment & Hiring

If a client recruits an existing Productpreneur Marketing employee to work with the client, the client agrees to pay a $50,000 placement fee for the recruitment and hiring of said employee.

Liability regarding work and materials provided

It is agreed that all work and materials provided for the project by Productpreneur Marketing will be free and clear of all liens and encumbrances and may be lawfully used by your business without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. This excludes rights managed property such as original photography, illustrations, stock imagery / footage and voiceover / talent.

Limitation of Liability

The entire liability of Productpreneur Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen. In no event shall Productpreneur Marketing be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Productpreneur Marketing had been made aware of the possibility of the Client incurring such a loss.

Copyright

It is agreed that your business will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this proposal. It is agreed that Productpreneur Marketing hereby assign to your business, upon written confirmation of this proposal, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined in this proposal. This granting of copyright does not extend to the use of proposals submitted but not approved by your business.

Indemnity

The Client agrees to indemnify and hold Productpreneur Marketing and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Productpreneur Marketing arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the website.

Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of South Australia. You and Productpreneur Marketing submit to the non-exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Amendments to these Terms and Conditions

All and any amendments to the terms and conditions outlined in this proposal must be provided in writing by you and signed by the managing director of Productpreneur Marketing prior to the commencement of work outlined in this proposal.