HomeSERVICE AGREEMENT – TERMS AND CONDITIONS

SERVICE AGREEMENT – TERMS AND CONDITIONS



MARKETINC LIMITED SERVICE AGREEMENT

Last updated: 17th October 2024

By engaging MarketInc Limited’s digital marketing services, you agree to the terms and conditions outlined in this Service Agreement. This document outlines the scope of work, intellectual property rights, payment terms, and termination clauses applicable to our Website Development, SEO, and Paid Advertising services.

1. SCOPE OF SERVICES

1.1 Website Design & Development

  • MarketInc Limited may build a website or landing pages for clients as part of a broader service arrangement.
  • Websites built by MarketInc Limited are developed using proprietary templates, systems, and code structures.
  • Unless otherwise agreed in writing, the website and its structure remain the intellectual property of MarketInc Limited.
  • Clients may be granted access and usage rights during the course of service, but ownership is transferred only upon full project payment and with an explicit asset transfer agreement.

1.2 Search Engine Optimization (SEO)

  • SEO services may include (but are not limited to):
    • Technical audits
    • On-page optimizations (titles, meta descriptions, structured data, H1s, internal linking)
    • Content development
    • Creation of location-specific pages
    • Keyword mapping and SEO strategy
  • SEO outcomes depend on numerous external factors and are not guaranteed.
  • All SEO content, internal processes, and page structures created by MarketInc Limited remain its intellectual property unless expressly transferred.

1.3 Paid Advertising (Google Ads / Meta Ads)

  • MarketInc Limited will create and manage ad campaigns, which may include:
    • Account setup
    • Keyword research
    • Ad copywriting
    • Landing page setup
    • Conversion tracking
  • Campaign performance is influenced by market conditions, competition, and client budgets.
  • Ad account ownership:
    • If MarketInc Limited sets up the account under its management tools, the account remains MarketInc Limited’s property unless a separate agreement is made.
    • If the client provides their own ad account, MarketInc Limited will act only as a campaign manager.

2. INTELLECTUAL PROPERTY

  • Any website, content, design, copy, or campaign setup developed by MarketInc Limited is the intellectual property of MarketInc Limited.
  • Clients are licensed to use these materials as long as the service relationship is active.
  • Upon termination, MarketInc Limited reserves the right to revoke access to any proprietary assets unless the client has purchased the rights or fulfilled all payment obligations.
  • Unauthorized use of MarketInc Limited’s IP after termination may result in legal action.

3. CONFIDENTIALITY & NON-DISCLOSURE

  • Both parties agree to maintain strict confidentiality regarding all proprietary information, strategies, and methodologies exchanged during the course of the engagement.
  • This obligation survives termination and remains in effect for five (5) years thereafter.

4. CLIENT OBLIGATIONS & ACCESS

  • The client agrees to provide timely access to all necessary platforms, including but not limited to website backends, advertising accounts, and analytics tools.
  • Failure to provide such access may impede service delivery and does not absolve the client from payment obligations.

5. PAYMENT TERMS

  • All service fees are due as per the invoice terms (typically 7-day payment terms).
  • Late payments will incur a fee of 10% per month on the outstanding amount.
  • Continued non-payment may result in suspension of services and revocation of access to deliverables.

6. TERMINATION

  • Either party may terminate the agreement with 30 days written notice.
  • Early termination by the client without notice may result in forfeiture of access to deliverables.
  • If services are terminated without full payment or proper notice, MarketInc Limited retains all rights to remove or revoke digital assets created.
  • Either party may also terminate this agreement with immediate effect if the other party engages in unprofessional conduct, including but not limited to public disparagement, harassment, or failure to communicate in a timely manner.

7. THIRD-PARTY TOOLS & PLUGINS

  • The client acknowledges that certain services may require third-party tools or plugins, which may incur additional costs.
  • MarketInc Limited is not responsible for the functionality or compatibility of these third-party tools.

8. PROJECT TIMELINES & REVISIONS

  • Project timelines are estimates and may be adjusted based on client responsiveness and scope changes.
  • The agreement includes up to two (2) rounds of revisions. Additional revisions may incur extra charges.

9. WARRANTIES & LIMITATIONS

  • MarketInc Limited does not guarantee specific SEO rankings, lead volumes, or ad performance results.
  • Marketing outcomes are influenced by competition, industry, timing, and client-side factors.
  • MarketInc Limited’s liability for any claim arising under this agreement is limited to the amount paid by the client for the services in question. MarketInc Limited is not liable for any indirect, incidental, or consequential damages.

10. DISPUTE RESOLUTION

  • In the event of a dispute, both parties agree to attempt resolution via mediation before escalating to legal proceedings.
  • Jurisdiction for any disputes shall be the state of New South Wales, Australia.

11. ACCEPTANCE OF TERMS

By making payment to MarketInc Limited or continuing to use our services, you acknowledge and agree to the terms outlined above.

For questions or clarifications, contact: admin@marketinc.com.au

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