Terms & Conditions for CreativAdwords

  1. Meanings & Abbreviations:

In this Agreement the following words have their corresponding meanings:-

Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).

Google / Google AdWords / Search Engine means Google and Google AdWords 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 / CreativAdwords / CreativDigital means Scott Donald trading as Creativ Digital. CreativAdwords is a service name of Creativ Digital.

  1. Payment Terms
  2. The Initial Set Up Fee is payable in full before the setup of your Google AdWords accounts will begin.
  1. The monthly Management Fee for your Google AdWords account will be charged 7 days after date of sign up. The Management Fee will be charged monthly in advance.
  1. Creativ Digital will automatically debit your supplied credit card monthly for the monthly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.
  1. Creativ Digital reserves the right to not set up your Google AdWords account. At which time you will receive a full refund of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.
  1. Creativ Digital reserves the right to stop managing your Google AdWords account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Creativ Digital monthly management fee will stop at the end the service period
  1. If you wish to suspend or cancel your Creativ Digital management of your AdWords accounts at any time then please let us know by phone or email. We will then book a meeting (in person or by phone) with you and one of our team leaders or managers to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your Creativ Digital monthly management fee will stop on the earlier of:-

(a) 14 days after our meeting with you; or

(b) 21 days after the date you called or emailed to suspend or cancel.

Please note that if you wish to suspend your Creativ Digital management of your AdWords accounts then your Google advertising must also be suspended (which we will arrange).

  1. Upon cancelling Creativ Digital management, all amounts owing to Creativ Digital will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
  1. All payments in this Agreement are Australian dollars and are GST inclusive.
  1. Creativ Digital reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.
  1. General AdWords Terms & Conditions

This is not a fixed-term contract with Creativ Digital, however whilst Creativ Digital are managing your Google AdWords account the following terms and conditions apply:-

  1. By entering this Agreement with Creativ Digital you give us permission to access your

Google AdWords account for the purposes of optimisation and management of your online business.

  1. Creativ Digital will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
  1. If we request more information from you for the setup of your new or existing account,

Creativ Digital will not be held responsible for any delay arising from the need for further information.

  1. To allow us to finalise strategies started and ensure your account is not negatively affected by “half finished” optimisation techniques, we require 2-weeks’ notice to cancel management and billing. We would appreciate the opportunity to discuss your concerns at this time.
  1. Creativ Digital management (with Creativ Digital management fees) is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. Creativ Digital will not be liable for any amounts that Google AdWords charges you following the cancellation of your management with Creativ Digital. If you wish to cease advertising online at the same time that you cancel your Creativ Digital management, please notify your Client Manager in writing so that we can cancel your Google Adwords online advertising as well. Alternatively, you may choose to directly access your own Google Adwords account to arrange cancellation.
  1. For clarity, please note that:-

(a) Creativ Digital is not Google, Google AdWords, Facebook or Yahoo;

(b) A Google “sponsored link” is a generic term, whereas Creativ Digital is our business name;

(c) Creativ Digital is affiliated with Google by being a “Google Certified Partner”. Creativ Digital has no fewer than two staff members who are “Google Certified Individuals”. However despite this affiliation with Google, Creativ Digital is a separate entity from Google; and

(d) Your AdWords account/s remain your property. We will work on your AdWords account/s, but it/they remain Yours.

  1. Creativ Digital 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, Creativ Digital do not guarantee any particular rate of return or performance of any online advertising on Google AdWords (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 AdWords account for your business and/or websites.
  1. Creativ Digital is providing an internet marketing service for a competitive price. Creativ Digital 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) Creativ Digital 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 Creativ Digital to you is the lesser of:-

(i) the sum of Setup Fees and Management Fees you have paid to Creativ Digital; 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.

  1. By agreeing to these Terms and Conditions you also agree to allow Creativ Digital to refer to you as a client and to use your business name/s and logo/s in our promotional material at the sole discretion of Creativ Digital. This may include but is not limited to a display on our website, promotional banners and pamphlets.
  1. These Terms and Conditions are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
  1. These Terms and Conditions can be modified at any time by Creativ Digital. 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.
  1. 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.
  1. You warrant to Us that you will use the services provided by Creativ Digital under this Agreement for business purposes (and not predominantly personal, domestic or household use).
  1. To the extent that Copyright subsists in any text that We create for Your AdWords 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.