Terms & Conditions
MSDii Marketing terms and conditions
Thank you for choosing MSDii Marketing (“We”). Whenever we work for a client (“You”), the following terms and conditions will apply when we are engaged. This agreement will direct all dealings between us.
1. The scope of services provided to you will be set out in an estimate statement or proposal. You should assume that we will not undertake tasks unless they are set out in any such statement or proposal or otherwise agreed in writing. If there is any deviation, the terms of the estimate statement or proposal will take priority over this agreement.
2. In consideration of the services to be performed by us, you will pay our fees according to the payment schedules provided by us. Unless otherwise agreed in writing, our services and payment schedules include but are not limited to monthly marketing retainers (paid one month in advance, for a specified term as discussed with the client and terminable on 1 month’s written notice thereafter). Blocks of on-demand marketing support hours (prepaid in advance), marketing projects (to be paid in three instalments – 30% of agreed or estimated fee before commencement, 30% at the midway point and 40% on completion) or consulting charged at standard hourly rates (billed monthly and payable within 7 days thereafter). Payment is required prior to delivery of services/products supplied by third parties. MSDii Marketing does not offer a refund for change of mind or change of circumstance.
3. If we agree a fixed fee, and the scope of the work increases beyond the basis on which you originally instructed us, such work will be charged at the standard hourly rates, unless another arrangement is agreed.
4. Our disbursements include charges for services or products supplied by others. Unless otherwise agreed in writing, we will charge you the amount charged to us by others for goods or services plus an additional handling fee of 20%. Upon prior notice, we may also charge you for goods or services supplied by us. We will allocate a certain number of hours to cover such services but some may not be included in our agreed fees. Such goods or services may include (without limitation) printing, scanning, telephone calls, design or creative work, third party images or intellectual property.
5. For the purposes of this agreement, 1 business day will be the equivalent of 8 hours.
6. You acknowledge that our services are as described in our estimate statement or proposal and, in any event, are limited to marketing strategy, consulting and advice, marketing project management and execution, general marketing assistance, web & online marketing, SEO, Social media, brand marketing and management.
7. If our invoices are not paid, we may cease providing our services to you immediately upon notice. You agree to indemnify us for any costs or fees that we incur in order to have our invoices paid by you.
8. To the extent permitted by law, we are not liable for any loss, damage or liability directly or indirectly arising from or in connection with our services. You waive any right to bring a claim arising from or in connection with our services. You agree to indemnify us for any loss, damage or liability that we incur to, or any claim made by, third parties in connection with our services to you.
9. In the course of our dealings, you may disclose to us, and we may collect, information that is subject to privacy law or regulations. We will not use that information for business purposes only. We will not disclose such information to other third parties without your approval, unless required by law.
10. All materials provided by you will remain your property and will only be used for the purpose of providing our services to you, unless required by law. All materials provided by us, or anything produced by us or as a result of our services to you, is our property and may only be used as permitted by us.
11. The terms and conditions of this agreement are severable. If any clause, or part thereof, of this agreement is determined by any court or other competent authority to be unlawful or unenforceable, the remainder of such clause and all other clauses will continue to apply.
12. Unless otherwise agreed in writing, either party may terminate this agreement by giving prior written notice to the other. If our agreement is terminated, you agree to pay our fees, disbursements and charge for goods and services incurred up to termination and for any work that we are required to do after termination.
13. Your continued instructions to us will confirm your acceptance of the terms and conditions of this agreement.
14. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Queensland.
