TERMS AND CONDITIONS
MARKETING SERVICES TERMS
The following terms and conditions apply to all marketing services provided by Immersive Marketing (IM) part of the parent group-Immersive web designs to the Client.
Last updated: 1st August 2023
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by Immersive Marketing are defined in the project quotation that the Client receives via email and/or in writing. Quotations are valid for a period of 30 days. Immersive Marketing reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all marketing services require an advance payment of a minimum of 50 percent or $1000, whichever is greater, of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent or quotation deposit of $500, of the project quotation total, is due upon completion of the work or after 31 days from the initial payment, whichever is sooner, prior to delivery or release of materials.
Payment for services is due by bank transfer or credit/debit card, which may incur an additional 3% charge. Direct transfers should be made payable to Immersive Marketing and sent to grow@immersivemarketing.nz in response to quote acceptance; bank details will be made available on invoices.
Client Review
Immersive Marketing will provide the Client with an opportunity to review the deliverables, such as marketing materials, as discussed during the project phase and once the overall development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Immersive Marketing otherwise within 5 days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Immersive Marketing will deliver the Client’s project by the date specified in the project proposal or at a date agreed upon with the Client. If a delay is specifically requested by the Client and agreed by Immersive Marketing, it will be accommodated.
In return, the Client agrees to designate a single individual as a primary contact to aid Immersive Marketing in progressing the project in a satisfactory and expedient manner.
During the project, Immersive Marketing may require the Client to provide content, such as text, images, and other media. Unless prearranged, copywriting for content is not included.
Failure to Provide Required Content:
Immersive Marketing is committed to efficiency, and timely content delivery is essential for the project’s success. If the Client fails to provide the required content within the agreed time frame, causing delays, Immersive Marketing reserves the right to impose a surcharge of up to 25%. For projects involving Search Engine Optimisation (SEO), timely content is crucial to efficient planning and completion.
If the Client agrees to provide the required information but fails to do so before the agreed time, one (1) week prior to the project completion date, Immersive Marketing reserves the right to close the project, and any remaining balance becomes payable immediately.
Immersive Marketing agrees to make periodic updates to any services commissioned. This is subject to the terms of a monthly maintenance plan purchased or offered to the Client and a fair usage clause. Immersive Marketing reserves the right to decline excessive update requests.
NOTE: Content should be delivered in an appropriate electronic format. Contact us for clarification if needed.
Payment
Invoices will be provided by Immersive Marketing upon completion but before final delivery. Invoices are usually sent via email; however, the Client may choose to receive hard-copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the invoice date will be assessed a service charge of the higher of twenty per cent (20%) or $50 per month of the total amount due, whichever is greater.
Additional Expenses
The Client agrees to reimburse Immersive Marketing for any additional expenses necessary for the completion of the work. Examples may include the purchase of special resources, stock materials, plugins, etc. Payment for these additional expenses will be required prior to the procurement of such materials.
Marketing Deliverables
Immersive Marketing strives to create marketing materials compatible with popular current platforms and technologies. The Client acknowledges that Immersive Marketing cannot guarantee perfect functionality across all platforms and devices due to variations in software and hardware.
Immersive Marketing does not accept responsibility for materials that do not display acceptably in obsolete or new versions of platforms or technologies released after the project’s completion.
Default
Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on Immersive Marketing’s resources, Immersive Marketing will, at its discretion, remove all such material. Immersive Marketing is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Invoices returned for insufficient funds will be assessed a return charge of $25, and the Client’s account will be considered in default until full payment is received. Clients with accounts in default agree to pay Immersive Marketing reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice or email and will be effective upon receipt of such notice. The Client will be invoiced for work completed up to the date of first notice of cancellation, with payment due in full within thirty (30) days.
Indemnity
All Immersive Marketing services may be used for lawful purposes only. You agree to indemnify and hold Immersive Marketing harmless from any claims resulting from your use of our service that damage you or any other party.
Copyright
The Client retains the copyright to data, files, and materials provided by the Client and grants Immersive Marketing the rights to publish and use such material. The Client is responsible for obtaining necessary permissions for any copyrighted third-party content. The Client agrees to indemnify and hold Immersive Marketing harmless from claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Standard Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text or materials will be provided by the Client in electronic format. While Immersive Marketing will make reasonable efforts to return any provided materials, such return cannot be guaranteed.
Client Credit
Immersive Marketing may request a link or credit on marketing materials. If the Client requests removal of the credit, a nominal fee will be applied based on the total project charges.
Access Requirements
If the Client’s project requires access to third-party resources, the Client agrees to grant temporary read/write access to Immersive Marketing. Additional permissions might be needed based on project specifications.
Post-Project Alterations
Immersive Marketing is not responsible for any alterations to the Client’s materials made by third parties after the project’s completion.
Digital marketing specific terms of service
SEO Keywords & Pages: The Service Provider does not provide any warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche.
MONTHLY WEBSITE MAINTENANCE, SEO TERMS
Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, Woo commerce, Website Maintenance: For Client’s purchasing Monthly Technical Maintenance and Monthly Seo Services – The Client agrees to let the Service Provider update and maintain their website on a monthly basis. The Client understands agrees and authorize the Service Provider to make changes to the programming, HTML, PHP, CSS, jQuery, coding, database, feeds, server settings, configurations, DNS, MX, Seo keywords, locations, XML, plugins, widgets, applications, podcast and security settings, backup, content and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.
Monthly Website Maintenance Service Assistance: For Client’s purchasing Monthly Technical Maintenance and/or Virtual Assistance Services – The Client understands and agrees that Website Maintenance is performed on a periodic basis depending on the size of the website. Any request by the Client in excess of the maintenance plans will be billed separately and must be submitted via email between 10 AM to 4 PM, Mon – Fri. Any request received after 4 PM will be considered as a request for the next day. The client agrees that to process such requests, the Maintenance Service Provider may take 3 to 5 business days depending on the request queue.
Monthly Maintenance Guarantee: The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and/or Woocommerce, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on a number of factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by the act of God; making the monthly maintenance guarantee ineffective and therefore agrees to hold the Maintenance Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.
Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan such as the Technical Maintenance Plans, Monthly SEO Plans, Google AdWords Management, Analytics Reporting must be notified Thirty (30) days before the cancellation date via email/mail. In the event that updates are postponed or canceled at the request of the Client by email, the monthly Service Provider shall have the right to retain 50% of the original payment as a deposit and maintenance expenses. In the event this amount is not sufficient to cover the Maintenance Service Provider for time and expense already invested in the maintenance, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop monthly updates. The final payment will be expected under the same terms as listed in this agreement.
GOOGLE CONSOLE / WEBMASTER, ANALYTICS, ADWORDS, FACEBOOK ADVERTISING TERMS
Payment to Google AdWords, Facebook Advertising and Social Media Ads: For Client’s purchasing Google AdWords and/or Facebook Advertising Services: Pay-Per-Click PPC is a paid advertisement service where the Client pays directly to Google Inc. and Facebook Inc. for any clicks (pay-per-click) that the online web visitors may click using the Ad’s/Campaigns designed by the Service Provider. The Client agrees to pay in full the set daily / weekly /monthly/yearly budget for the Pay-Per-Click ad Campaigns to Google Inc. and Facebook Inc. and accept to hold harmless, protect, and defend the Service Provider and its subcontractors from any penalty or claim or suit arising from delay in Payments to Google Inc., Facebook Inc. The Client accepts and understands that the Service Provider/Monthly Service Provider does not pay on behalf of its Client to Google Inc., Facebook Inc., and the Client takes full responsibility to run their own Campaigns / Advertisements on Google, Facebook and associated Google, Facebook Affiliate channels. The Service Provider is responsible for only setting up the Client’s ad campaign account and managing it on a monthly basis (if the monthly service is purchased) but does not act as a payer for any Google or Facebook fees, penalty, bidding, or budget. The Client agrees to use their own credit card / alternate payment methods to pay to Facebook Inc., the Service Provider should not be held responsible for any payments to Google Inc., and Facebook Inc. in order to run the Ads/Campaigns. If the Client chooses to disable ads with no prior notice to the Service Provider when on monthly maintenance, the Service Provider should not be held responsible for any maintenance unless the campaigns are reactivated.
Google AdWords, Facebook Advertising Campaign, and Advertisement Design: The client agrees that the Service Provider may use free accounts for Google AdWords. The Client agrees to provide the Service Provider with keywords related to the targeted niche along with different demographics, geographic locations, and age groups. This will also include an idea, message, text, or pictures furnished by the Client to the Service Provider. Once the Advertisement Design is approved by the Client, any further changes to the design will incur an additional cost.
Google AdWords, Facebook Advertising Campaign Success Rate: Even though the Service Provider will make every effort to the best of knowledge and ability to a setup Clients account, campaigns, budgeting, and ad designs in order to maximize results and success rate, failure of such (Paid Ads on Google AdWords) advertisements cannot be neglected. Google AdWords is a third-party application that the Service Provider will use to set up the Client’s account and design campaigns but does not own or control the application (AdWords Algorithm or system application). Failure with Paid Ads can happen due to many reasons such as higher bidding by competitors, shortage of Clients’ funds, technical reasons, human error, or the act of God. In any case of failure, the Client agrees and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
Google Tools, AdWords, and Facebook PPC Refund Policy: No refunds will be made on “Google AdWords PPC”, “Webmaster or Google Console”, “Google Analytics”, “Facebook Advertising” and any related “Monthly Maintenance” and “Reporting” Services. The Service Provider does not offer a refund for glitch and Google, Facebook AD policy violations found on the Client’s website – this includes any disapproval, illegibility from Google, Facebook team for the campaigns set up by the Service Provider due to improper format of the Clients website such as Parked Domain, Prohibited Content, Practices, Restricted Content, Editorial or technical violation as described here. The Client understands and agrees that the Service Provider has no control over the Client’s website and in order for AD Campaigns to work/function, their web page and websites must comply with Google, Facebook policies. The Client understands and agrees that the Service Provider is only responsible for setting up accounts, creating campaigns, and making changes as per the Client’s request to the running campaigns and therefore should not be held liable for any performance issues, damages, online sales, web visitors, online web traffic, pay-per-click traffic, bidding, and any related issues with AdWords or Facebook advertising Services.
Payment to Google Inc. and Facebook Inc.: The Service Provider uses free Facebook, Google Analytics, Webmaster Tools accounts to set up, track and monitor the website and ad campaigns. If the Client chooses to use any premium Google or Facebook services, the Client agrees to pay the premium fees directly to Google Inc. and Facebook Inc. The Service Provider is not responsible for any such payments.
Google Analytics Code Installation: The client agrees that the Service Provider is not responsible for installing the Google Analytics code on the Client’s website. The Service Provider will generate the Google Analytics code and will provide this to the Client via email. Only upon receiving the Client’s written request, the Service Provider will install the Google Analytics Code on a Client website. Additional fees will be applicable for such installations.
Web Improvements related to Google Console/Webmaster, Analytics: Even though the Service Provider will make every effort to the best of knowledge and ability to set up Clients account, it is not the responsibility of the Service Provider to improve the website or ad performance. Google Analytics™ or Webmaster Tools™ or Reporting service is a tracking and monitoring service and not a web improvement or redesign service. The Service Provider will set up the accounts or will send reports with user data, statistics, and advice on how to improve web/ad performance, but if the Client wants the Service Provider to revamp or fix the ad/websites – additional fees will be applicable. The Client agrees and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
SEO Definitions, Guarantee & Refund:
35.1 SEO Definitions: SEO is also known as Search Engine Optimization or Organic SEO. Definition of Single or multiple keywords related to your website content, service(s) or product(s). We will work with all keywords and/or keyword phrases provided by clients and make every effort possible to bring said keyword and/or keywords phrases to the top of major search engines like Google, Yahoo and/or Bing. However, the client must clearly understand that ‘organic SEO’ programs cannot guarantee ‘specific’ keywords and/or keyword phrases in specific search engines. Instead, our guarantee covers keyword and/or keyword phrase rankings related to a client’s website product and/or services.
SEO Guarantee: The Client understands and agrees that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third-party websites that the Service Provider has no control over and Service Providers Services are only confined to optimizing the Client website with the best possible legit method and keywords. Our guarantee for the first page or the first five-page depends on the amount of competition in your niche, keyword saturation, search engine algorithms, domain age, server response time and many other technical factors. Our aim is a competitive ranking. The proliferation of boilerplate sites in these industries means that the only chance of traffic is comprehensive, professional optimization, as we offer in our SEO Services.
SEO Commitment: The contract is in force for at least 6 months from the Contract Start Date, with an automatic renewal on the anniversary of the contract start date for subsequent months. After 6 months, your contract will stay in force on a month-to-month basis until you provide notice of cancellation.
SEO Performance Refunds: In the case where the Client’s web URL is not found on the first 5 pages of Google, Yahoo, or Bing, NO REFUNDS will be made before 6 months because the usual organic optimization takes at least 6 months to show results. Indexing and ranking in search engines are subject to server uptime, server settings, DNS settings, website coding, and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking. The Service Provider will evaluate the results thoroughly before issuing any refunds. Seo performance refund is subject to the below conditions only: Major Search Engines: We guarantee your website (domain) will be found in at least the first five pages of top search engines like Google, Bing, or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords, phrases related to your website content, service(s) or product(s)! Your website will be found in the first five pages of at least one of the above major search engines.
Over-writing and re-installs: It is the client’s responsibility to ensure optimized and/or installed content remains intact. If updating/editing the website from copies on your PC, you will need to download and use optimized files prepared for your assignment. Publishing changes without updating your local files will erase optimized content. Re-installation charges may apply if we are required to re-install over-written optimized content.
Google – Yahoo – Bing Local (maps): Positioning (ranking) cannot be guaranteed in Google Local (maps), Yahoo local (maps) or Bing Local (maps). The optimization is confined to the Client’s website and keywords, this does not include Google Maps or Google Places.
Planning and quoting for your project
We will generate a plan and quote for the production of your project, and this is sent to you as an email. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.
The plan and quote we provide to you are only valid based on the information you give us is true. Any changes in circumstances or requirements may result in an amended plan and quote.
Changes and amendments to your project after completion
We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed five working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.
Any changes or amendments that affect the original brief may be subject to an additional charge.
Any changes or amendments that we are notified of after five days of the submission of the watermarked draft may be subject to an additional charge.
Our right to cancel
We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.
Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
Your right to cancel
You reserve all rights to terminate the provision of our services at any time.
In the event of any cancellation on your behalf, all deposit payments are non-refundable.
Late payments
Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.
If payment is not received within the specified credit terms, we are entitled to levy an additional charge of 8% over the invoice that remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.
