Terms and Conditions of your Agreement

 

Subscription & Fixed Term (3,6 & 12 month minimum term) based Clients
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.kilamarketing.com.au website operated by The Acne Heroes Pty Ltd T/A Kila Marketing (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By Ticking the ‘I’ve read & accepted the terms & conditions’ box on our website upon sign up you are legally bound to the Terms & Conditions as outlined in these documents.

Legal Agreement
This agreement shall be a legal agreement between Client and The Acne Heroes Pty Ltd T/A Kila Marketing. The agreement shall constitute the entire agreement between Client and The Acne Heroes Pty Ltd T/A Kila Marketing in relation to the Services and the subscription agreement and it shall not include any terms and conditions of Client (including on any purchase order or other document submitted by Client) unless agreed to in writing by The Acne Heroes Pty Ltd T/A Kila Marketing.

Purchases/ Payment
Upon signing up the initial set up fee will be charged directly to you credit card, our services will not commence until your nominated payment method has been successfully charged.
The initial set up fee is completely non-refundable.

Subscription Clients
Kila Marketing’s Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring payment schedule, you will be billed on the day of sign up.
The Acne Heroes Pty Ltd T/A Kila Marketing will automatically charge your nominated credit card monthly for our monthly management fee unless a different agreement has been agreed upon by both The Acne Heroes Pty Ltd T/A Kila Marketing & The subscriber (in writing)

The Acne Heroes Pty Ltd T/A Kila Marketing reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.

Fixed Term Agreements (3,6 & 12 month minimum terms)
Kila Marketing’s Services are billed in advance on a recurring payment schedule, you will be billed on date of sign up from your authorised nominated card.
Your Fixed term agreement (3, 6 or 12 Month minimum term) will automatically renew at the term date unless Kila Marketing is advised of your intention to cancel prior to your minimum term end date.
During the fixed term agreement period clients are not eligible to pause management with The Acne Heroes Pty Ltd T/A Kila Marketing Unless a special agreement has been reached between The Acne Heroes Pty Ltd T/A Kila Marketing & the subscriber.

Pausing Kila Marketing’s Management (Excluding Fixed Term Agreement/ Minimum term Clients)
If you wish to pause your management with The Acne Heroes Pty Ltd T/A Kila Marketing we require 2 weeks’ notice via email. The maximum pause time period is 4 weeks unless an alternate agreement is reached between The Acne Heroes Pty Ltd T/A Kila Marketing & The Subscriber.

All paused clients will have a resume date as discussed with the client manager upon the pause request. At the end of the pause period a representative of The Acne Heroes Pty Ltd T/A Kila Marketing will contact the subscriber to resume the service, if for whatever reason the subscriber no longer requires The Acne Heroes Pty Ltd T/A Kila Marketing services a 1 month cancellation fee will be charged to the subscriber.

If The Acne Heroes Pty Ltd T/A Kila Marketing are not able to make contact with the subscriber when the service is meant to resume (at the end of the pause date period) the subscribers service will be cancelled, an email will be sent to the subscriber & 1 month cancellation fee will be charged to the subscriber.

Termination of Service (Subscription client)
If you wish to cancel/ terminate your Kila Marketing management service, please advise us in writing. We do require 30 days’ notice post current billing cycle. We will continue to service you for this notice period until the agreement is completely finalised.
Upon cancellation/ termination your agreement with Kila Marketing any outstanding monies will need to be paid within 7 days.
The Acne Heroes Pty Ltd T/A Kila Marketing reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.

Termination of Service (Fixed term clients – 3,6 & 12 months)
If you wish to cancel/ terminate your Kila Marketing management service before your fixed term agreement has ended you will need to pay out the remainder of your minimum term term with The Acne Heroes Pty Ltd T/A Kila Marketing in Full.
This will need to be communicated in writing.
Upon cancellation/ termination your agreement with Kila Marketing any outstanding monies will need to be paid within 7 days from cancellation date.
The Acne Heroes Pty Ltd T/A Kila Marketing reserves the right to engage a debt collector & legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.

Your marketing spend is separate to our management fee and is paid directly to the relevant parties, terminating our services will not terminate your account with the third parties, this is your responsibility to maintain.

Sub-minimum terming
The Acne Heroes Pty Ltd T/A Kila Marketing Reserves the right to employ/ hire a sub-minimum termor (company or person) for the production or work for any of our clients at our sole discretion.

Advertising Management Service T&C’s
Google Ads
While The Acne Heroes Pty Ltd T/A Kila Marketing is managing your Google Ads account the following terms and conditions apply: –
By entering this Agreement with The Acne Heroes Pty Ltd T/A Kila Marketing you give us permission to access your Google Ads account for the purposes of copying, optimisation and management of your online business.
The Acne Heroes Pty Ltd T/A Kila Marketing will endeavour to set up your Ads 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 or longer if the client is uncontactable.
we may create a Google Ads account on your behalf, including Google analytics if required (Ads Account);
You will have read-only access to the Ads Account at any time during the Agreement, thereafter termination of the Agreement access will be revoked.

Kila Marketing own all intellectual property in, and will be solely entitled to all rights in respect of, all content created in associated with the Ads Service
If you decide to cancel our management services, you will need to pay out your minimum term with us within 7 days. Otherwise your agreement/ minimum term will automatically renew at the term date unless The Acne Heroes Pty Ltd T/A Kila Marketing is advised of your intention to cancel prior to your minimum term end date.
The Acne Heroes Pty Ltd T/A Kila Marketing Management service is a separate service from the “per click” fees that Google Ads will charge you. Cancellation of your management does not automatically stop your Google Ads advertising from running and incurring Google Ads “per click” fees. You are solely responsible for all charges by Google. The Acne Heroes Pty Ltd T/A Kila Marketing will not be liable for any amounts that Google charges you during the management period or following the cancellation of your management with The Acne Heroes Pty Ltd T/A Kila Marketing.

Please note that: –
(a) The Acne Heroes Pty Ltd T/A Kila Marketing is not Google, Google Ads, Facebook/ Instagram, Yahoo or Bing

(b) The Acne Heroes Pty Ltd T/A Kila Marketing is affiliated with Google by being a “Google Certified Partner”. However, despite this affiliation with Google, The Acne Heroes Pty Ltd T/A Kila Marketing is a separate entity/ company from Google.

The Acne Heroes Pty Ltd T/A Kila Marketing 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, The Acne Heroes Pty Ltd T/A Kila Marketing does not guarantee any particular rate of return or performance of any online advertising on Google Ads (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 Ads account for your business and/or websites.

The Acne Heroes Pty Ltd T/A Kila Marketing is providing an internet marketing service for a competitive price. The Acne Heroes Pty Ltd T/A Kila Marketing 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:-

(c) The Acne Heroes Pty Ltd T/A Kila Marketing will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of minimum term, 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.
These Terms and Conditions can be modified at any time by The Acne Heroes Pty Ltd T/A Kila Marketing. 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.

Facebook
The Acne Heroes Pty Ltd T/A Kila Marketing takes no responsibility for replying to messages/ comments/ engaging with followers on clients Facebook pages.
The Acne Heroes Pty Ltd T/A Kila Marketing in conjunction with the client will create & run ads for specifically targeted audiences at the clients cost per click/ view.
Facebook in a spate entity/ company to The Acne Heroes Pty Ltd T/A Kila Marketing & all costs incurred within Facebook is of the client’s responsibility.

Landing Pages
All landing Pages are the property of The Acne Heroes Pty Ltd T/A Kila Marketing.
Kila Marketing’s Landing Pages are included in certain packages & are also available for a separate fee as an additional item/ service with The Acne Heroes Pty Ltd T/A Kila Marketing.
If at any time you choose to cancel/ terminate your service with Kila Marketing, the landing page will be removed/ taken down within 14 days from the cancellation date.
If you wish to continue to use the landing page provided by Kila Marketing, there is a $19 Per week hosting fee attached to the Landing Page.

Search Engine Optimisation (SEO)
Service
This agreement is hereby entered into between The Acne Heroes Pty Ltd T/A Kila Marketing (hereinafter referred to as “we”, “us”, “SEO”, “our”) and Yourself hereinafter referred to as “Client/ subscriber”, “you”).
The Acne Heroes Pty Ltd T/A Kila Marketing agrees to provide the client with Search Engine Optimisation (hereinafter referred to as “SEO”, “Optimised Content Marketing”). We are authorised to use the specific keywords and/or phrases for developing and improving the natural visibility of the Client’s site(s), in the search engines (Google, Bing, Yahoo & other Search Engines).
The Acne Heroes Pty Ltd T/A Kila Marketing will endeavour to provide Service to the Client within a reasonable time frame. The Acne Heroes Pty Ltd T/A Kila Marketing is not liable for any delays.

Subject to the following and any express restriction in our Offer, we will provide Services to optimise your website (SEO Service), in accordance with the performance guarantee and timeframe specified in our Offer (SEO Guarantee). We guarantee to rank at least 1 keyword group consisting of 5 key phrases that are extensions of one another, for example “Digital Marketing” equalling the keyword group and a keyphrase being “Digital Marketing Brisbane”. If we do not achieve an SEO Guarantee within the relevant timeframe, we will continue to provide the SEO Service without further charge during the term of this Service until that guarantee is achieved.
You agree that:
The Term of the SEO Service is month to month.
The SEO Guarantee does not apply where:
a. a new domain has been implemented without an existing domain redirecting to it; and
b. you modify or remove the “on-page” optimisation work (including theme files and scripting) implemented by us.
c. the SEO Guarantee commences when we notify you that “on-page” optimisation (including content approval by you) is complete;
d. We make no warranty that the SEO Service will generate any increase in your sales or business activity;
e. you will not hold us liable for any loss or damage arising from the SEO Service (other than as a result of our negligence);
f. SEO Service is governed by many factors which are outside our control and may affect the ranking of your website/ overall performance of SEO, including if:
g. your website has poor or duplicate content, is on an SEO unfriendly content management system (CMS), is suffering from a penalty (either automatic or manual from Google), has an unnatural link profile or is hosted on a slow or blacklisted server; or ii. we cannot get access to your website and/or its CMS;
h. Google continually updates its search algorithms, which may change the operation of any SEO Service resulting in a negative impact on your website rankings. In these circumstances, we will endeavour to rectify any negative impact as quickly as possible, but give no warranty that rankings will improve. In rare circumstances, we may have to move your website to a new domain to remove a penalty (and if so, you must accept this recommendation and agree to pay any associated costs for any SEO Guarantee to be applicable); and i. we may place in each footer of your web pages (or mobile applications) our “Digital Marketing by Kila Marketing” link.
These Terms and Conditions can be modified at any time by The Acne Heroes Pty Ltd T/A Kila Marketing. 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.

Definition of SEO
SEO is short for search engine optimisation. Search engine optimisation is a methodology of strategies, techniques and tactics used to increase the amount of visitors to a website by obtaining a high-ranking placement in the search results page of a search engine— including Google, Bing, Yahoo and other search engines.
Please note Search Engine Optimisation does not include web design work or website changes. This service is available at an additional cost of $140 per hour or a quote can be given when requested.

Disclaimer of Warranties
Kila Marketing endeavours to get the client’s website ranking at high as possible on all search engines however we offer no guarantee you will rank in position one/ page 1.
Client acknowledges and understands that a website’s rankings may go down/backwards for many reasons. Client agrees if this were to happen, The Acne Heroes Pty Ltd T/A Kila Marketing will not be held liable for this and no refunds or discounts will be given.
The Acne Heroes Pty Ltd T/A Kila Marketing is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
The Acne Heroes Pty Ltd T/A Kila Marketing makes no guarantee that Search Engine Optimisation will generate any increase in sales, business activity or profits for your business.
The client agrees to give The Acne Heroes Pty Ltd T/A Kila Marketing access (usernames/ passwords) to all relevant website related information for the purpose of Search Engine Optimisation to be performed in a timely manner.
The Acne Heroes Pty Ltd T/A Kila Marketing takes no responsibility for any errors which may occur on the clients website which may result in down time for the clients website.
The Acne Heroes Pty Ltd T/A Kila Marketing will also not take responsibility for clients amending their own websites, this is performed at their own risk.

Payment Terms
The Acne Heroes Pty Ltd T/A Kila Marketing will charge an initial set up fee for Search Engine Optimisation, no work will be commenced until this fee is successfully charged to your nominated card.
The Acne Heroes Pty Ltd T/A Kila Marketing will then charge your nominated authorised credit card on the signup date on a subscription basis, a month in advance for our Search Engine Optimisation service. This payment is an ongoing automatic payment from your nominated credit card until such time you have notified The Acne Heroes Pty Ltd T/A Kila Marketing of your intention to cancel the service.
The Acne Heroes Pty Ltd T/A Kila Marketing will continue to provide you will Search Engine Optimisation service while there is an agreement in place providing the billing is up to date with no outstanding monies.

Termination of Google Ads Service
You must notify The Acne Heroes Pty Ltd T/A Kila Marketing by phone or email if you wish to cancel the service. The Acne Heroes Pty Ltd T/A Kila Marketing requires 30 days’ notice post current billing cycle for all Google Ads cancellations.
The Acne Heroes Pty Ltd T/A Kila Marketing will still perform Google Ads optimisation services during this notice period providing The Acne Heroes Pty Ltd T/A Kila Marketing still has access to all relevant accounts.
The Acne Heroes Pty Ltd T/A Kila Marketing reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.

Termination of SEO Service
You must notify The Acne Heroes Pty Ltd T/A Kila Marketing by phone or email if you wish to cancel the service. The Acne Heroes Pty Ltd T/A Kila Marketing requires 30 days’ notice post current billing cycle for all Search Engine Optimisation cancellations.
The Acne Heroes Pty Ltd T/A Kila Marketing will still perform Search Engine Optimisation services during this notice period providing The Acne Heroes Pty Ltd T/A Kila Marketing still has access to all relevant accounts.
The Acne Heroes Pty Ltd T/A Kila Marketing reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.

Web Design
You confirm that you are in an agreement with & bound by the terms & conditions outlined in this documents withThe Acne Heroes Pty Ltd T/A Kila Marketing.
The Acne Heroes Pty Ltd T/A Kila Marketing will carry out work only where an agreement is formed either by email or telephone. An ‘order’ is deemed to be a written or verbal minimum term between The Acne Heroes Pty Ltd T/A Kila Marketing and the client, this includes telephone and email agreements.
The Acne Heroes Pty Ltd T/A Kila Marketing will make every effort to ensure that the website and any scripts or programs are free of errors/ bugs, however The Acne Heroes Pty Ltd T/A Kila Marketing will not accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming will remain the property of The Acne Heroes Pty Ltd T/A Kila Marketing will not take responsibility for any copyright infringements caused by materials/ content submitted by the client to The Acne Heroes Pty Ltd T/A Kila Marketing. We reserve the right to refuse the use of any copyright materials.
Any additions/ changes to the original quote/ agreement will be carried out at the discretion of The Acne Heroes Pty Ltd T/A Kila Marketing & additional charges will be applied at the rate of $140 per hour for all web work.
The client agrees to make available as soon as possible to The Acne Heroes Pty Ltd T/A Kila Marketing all materials/ access required to complete the site to the agreed standard and within the set deadline.
The Acne Heroes Pty Ltd T/A Kila Marketing will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines/ due dates.
The Acne Heroes Pty Ltd T/A Kila Marketing will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
The Acne Heroes Pty Ltd T/A Kila Marketing will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided.
An initial deposit of 50% is required with any project before any work will be carried out. This can only be changed if an agreement has been made with The Acne Heroes Pty Ltd T/A Kila Marketing & the client.
Once a website/ project has been designed and completed the final balance of payment is then due. There are no exceptions to this, i.e If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. We do offer Search Engine Optimisation Services however this service is not included in web design projects.
The Acne Heroes Pty Ltd T/A Kila Marketing (and any subminimum termors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due (within 7 days from invoice date)
If accounts are not finalised or The Acne Heroes Pty Ltd T/A Kila Marketing have not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Following consistent non-payment of an invoice our solicitor may be engaged or Kila Marketing also has the right to engage a debt collector and legal counsel assistance to recover the funds owing to The Acne Heroes Pty Ltd T/A Kila Marketing.

Changes to T&C’s & Pricing
These Terms & Conditions including pricing can be modified at any time by The Acne Heroes Pty Ltd T/A Kila Marketing. 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.

Contact Us
If you have any questions about these Terms, please contact us immediately.

 

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