GENERAL TERMS AND CONDITIONS
1. Overview
1.1 We will provide you with the Services as set out in the Proposal.
1.2 The Agreement between Us (the Service Provider) and You (the Client) is set out in these T&Cs and each Proposal.
1.3 If there are inconsistencies between these T&Cs and the Proposal, the Proposal will prevail to the extent of the inconsistency.
2. Services and Fees
2.1 The Services are as set out in the Proposal.
2.2 Any variation to the Proposal must be agreed by You and Us in writing.
2.3 You will pay Us the Fees:
a. on the relevant Payment Dates as set out in the Proposal;
b. by credit card payment via a monthly automated payment
2.4 If You do not pay Us the Fees by the relevant Payment Dates:
a. we may charge You interest at the current Interest Rate and You will pay Us that interest within 7 days of Us sending You a Tax Invoice; and
b. where We recover any unpaid Fees through an external agency, You will pay Us all legal costs and collection agency costs involved in the recovery on a full indemnity basis.
2.5 We are entitled to vary the price of our Services during the term of this Agreement with 14 days written notice to You, prior to the change being implemented.
2.6 By accepting our Proposal, either verbally or in writing, and providing us with your credit card information, You authorize us to charge your card and begin the delivery of the agreed-upon services.
2.7 The time period for any guarantee applicable to the services, as detailed in your Proposal, commences once we receive the necessary access or information required for the service delivery.
3. Termination and Cancellation
3.1 We may terminate the Agreement with immediate effect, by giving You written notice if:
a. You do not pay Us the Fees by the Payment Dates;
b. You do not provide Us (within a reasonable time of Our request) any information or material necessary for Us to perform the Services;
c. We consider that mutual trust and/ or confidence no longer exists; or
d. You otherwise breach any undertaking, warranty, or obligation under the Agreement.
3.2 You may terminate or cancel the Services by:
a. providing us with a written 30-day notice via email at thrive@anguspryor.com and;
b. completing our online cancellation form.
c. verbal requests for cancellation will not be considered valid.
3.3 If you terminate before the completion of a 12-month service period, you forfeit our guarantee to continue working free of charge (if applicable to your Services) until achieving the desired results. Any fees paid prior to termination are non-refundable.
3.4 If you terminate a website service:
a. If you cancel your website order after making the initial payment, but prior to the commencement of work, we will refund 75% of the payment you have already made.
b. If work has already begun, the initial 50% deposit is non-refundable.
c. If the website services are more than 50% complete, you may be billed up to the remaining 50% of the project fee.
4. Pausing Services
If a project is paused at your request and/or delayed by you;
a. We may impose a re-start fee to cover the costs of rescheduling and reacquainting ourselves with the project
b. This fee will consider the time spent by Us rescheduling the project and re-acquainting ourselves with it
c. In this situation, services you previously selected and/or quoted may be subject to a price increase. Re-work or re-quoting may also incur an additional fee
d. The maximum project service pause period is 90 days
e. After the 90-day period if you do not notify Us in writing to re-start the Services we may commence cancellation of the Services
5. Working Relationship
We highly value our relationship with our clients and strive to maintain a respectful working environment. If we cannot work respectfully together;
a. We reserve the right to suggest that You seek services from a different provider
b. In such cases, refunds will not be issued by Us for services already rendered. For larger projects, such as building a website, a partial refund may be considered based on how far into the build period the client is.
6. Disputes
6.1 If there is any dispute, or if you are unhappy with the Services provided, please contact Us so that we can discuss. Both parties will use their best efforts to resolve any dispute under, or in connection with the Agreement, through good faith negotiations with the other party.
6.2 If the dispute cannot be resolved by mutual agreement, the Parties agree to engage in mediation and shall refer the dispute to an independent mediator as agreed and will use their best endeavours to resolve the dispute in mediation. All costs associated with the dispute (including legal, mediation or arbitration fees), will be at the expense of the Client.
7. Application of Terms and Conditions
The terms and conditions outlined in this agreement are applicable to all products and services offered by Dental Marketing Solutions regardless of their inclusion in the Service Specific section of this agreement.
SERVICE SPECIFIC TERMS AND CONDITIONS
8. SEO Services
8.1 Commencement: The 12-month service period for our SEO Services commences immediately upon us gaining administrative access to your website. We will work on optimizing the visibility of your website to search engines without significantly altering its appearance to your visitors. If you launch a new website after we have commenced our SEO services, then the results guarantee restarts on the date the new site is launched.
8.2 Performance Reports: We will provide a report outlining your current Google status within 35 days of gaining access to your site. If Google Analytics is not already set up for your site, this report will be delivered within 40 days.
8.3 Investment and Guarantee: The charges for our services will be as outlined in the proposal. In the event we do not achieve the promised increase on Google within the initial 12 months, we will continue working at no additional charge until we meet the target.
8.4 Backlink Strategy: We will add backlinks to your website from sites such as www.DentalMarketingSolutions.com.au, www.AngusPryor.com, and www.AustraliasTopDentists.com.au, www.dentist.com. If you discontinue our services;
a. these backlinks will be removed and,
b. this may negatively impact your Google rankings
9. Website Services
9.1 90-Day Development Period: The timeline for our website development services is 90 days, starting from the date of your initial 50% payment. The balance of the payment is due at the 90-day point or on completion, whichever comes sooner.
9.2 Revisions: We offer two rounds of revisions on website graphic design and copywriting. Additional revisions will be billed at our standard maintenance rate.
9.3 Acceptance: If you do not provide feedback on designs within 3 business days of Us supplying you with the designs, we may assume you have no feedback and move to the next stage. If You request more design changes after we have moved on and You do not have any further rounds of revision remaining, we may charge You our standard rate to complete Your request.
9.4 Go Live Phase: The website will be launched upon your approval or after 7 days if we don’t hear from you. Any changes requested at this stage will be subject to additional charges.
10. Google Adverising Services
10.1 Ownership of Materials: All Google Ads accounts, documents, designs, materials, methodologies, and processes developed by Us while delivering the Services are property of Dental Marketing Solutions. Upon cancellation of services, after the 30 day notice period, the ad account we create for you will be deactivated and campaigns stopped, unless you request access prior to the end of the 30 day notice period.
10.2 Ad Costs and Strategy: We uphold transparency in our pricing; there are no markups on ad costs. Your card details will be billed directly by Google for all advertising expenses.
10.3 Google Ads Package Guarantee: We commit to setting up your ad campaigns within 30 days (unless otherwise advised). Note that this period does not apply to landing pages.
10.4 Reporting and Optimization: Our package also includes monthly reporting to keep you informed about Your Google Ad Account performance and optimization efforts to continually improve your results.
11. Marketing Consulting Services
11.1 Monthly Consulting Meetings and Strategy: The consulting agreement includes up to three hours of consultation with Us per month, including one monthly meeting. Additional products and services outside of this three-hour monthly allotment will be quoted separately.
12. Website Hosting Services
12.1 Website Hosting and Maintenance: Our hosting service includes up to two hours of website copy and image updates each month. These updates are non-cumulative and do not include;
a. Site recovery and re-build following a malware or cyber-attack
b. Creation of additional pages or landing pages
c. Major web development works or changes to the overall site design
13. Social Media Services
13.1 Social Media Package: This service includes creation and posting of social content as per the Proposal.
13.2 Setup and Design: We will provide consistent 'about us' copy, technical setup, and design of your social profile and page banners for each channel.
13.3 Reporting and Optimization: Our package also includes monthly reporting to keep you informed about your social media performance and optimization efforts to continually improve your social media presence.
14. Social Media Advertising Services
14.1 Ownership of Materials: All social media ad accounts, materials, methodologies, and processes developed while delivering the Services remain our property.
14.2 Ad Costs and Strategy: We maintain transparency in our pricing; there are no markups on ad costs. Your card details will be billed directly by the social media platform for all advertising expenses.
14.3 Social Media Ads Package Guarantee: We commit to setting up your ad campaigns within 30 days.
15. Google Review Maximiser Services
15.1 Compliance: The Google review maximiser system is designed to collect Google reviews on behalf of your practice and place them on Google. The system also allows for practise to turn on Facebook Page reviews. We suggest caution in turning on this feature as Facebook reviews for healthcare practitioners may be viewed by APHRA as a violation of their policies – though they may be slow to police it. We take no responsibility for nor hold any liability for the impact of reviews collected through this service on your practice.
16. Call Tracking, Monitoring and recording Services
16.1 Call Listening: From time to time, we may, for marketing analysis purposes listen to recorded calls and provide feedback on our findings to You and our internal team.
16.2 A business or organisation using call recording technology in Australia; must tell the caller at the beginning of the conversation that the conversation will be recorded so the person has the choice to either:
a. End the call, or
b. Ask the other party engaged in call recording to stop the call recording or to be transferred to another line where monitoring or recording does not take place.
16.3 You are responsible for ensuring that the criteria in clause 16.2 is met.
17. Graphic Design Services
17.1 Definition: These Services consist of visual art, logo design, printed material design, digital document design and website design.
17.2 Inclusion: These Services may be provided as a standalone Service or as an inclusion as part of delivering other Services. Where they apply as an inclusion, the allowances in Clause 17 apply.
17.3 Revisions: We offer two rounds of revisions. Additional revisions will be billed at our standard maintenance rate.
17.4 Acceptance: If you do not provide feedback on designs within 3 business days of Us supplying you with the designs, we may assume you have no feedback and move to the next stage. If You request more design changes after we have moved on and You do not have any further rounds of revision remaining, we may charge You our standard rate to complete Your request.
These service-specific terms and conditions are an integral part of the general terms and conditions. By accepting the Proposal by agreeing for your credit card to be charged for set up fees, you agree to all terms and conditions outlined here.