This Agreement is entered into between Get Found Digitally Pty Ltd ABN 68 631 118 477 (we, us or our) and you, the person, organisation or entity described in the Quote (you or your), together the Parties and each a Party.
We merge technology and imagination to help brands grow in the age of digital transformation.
1.1) You accept this Agreement by the earlier of:
We will provide the Services within a reasonable time after the later of:
You agree to:
in accordance with the Payment Terms.
You represent, warrant and agree that:
You represent, warrant and agree that:
Each Receiving Party agrees:
The obligations in clause 10.1 do not apply to Confidential Information that:
Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 10. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 10.
This clause 10 will survive the termination of this Agreement.
You acknowledge and agree that:
If and when applicable, GST payable on the Fee will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Fee.
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.
Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
Cancellation Fee means the genuine pre-estimate of our loss, being a percentage of the Fee equal to the percentage of the costs of relevant Services plus any expended costs for the Minimum Period, minus the portion of the Fee already paid by you to us up to the date of termination.
Commencement Date means the date this Agreement is accepted in accordance with clause 1.1.
Confidential Information includes information which:
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Consequential Loss includes any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Expenses means any disbursements, including travel and accommodation costs, advertisement buying costs, website template costs and any other third party costs, reasonably and directly incurred by us for the purpose of the provision of the Services.
Fees means the price set out in the Quote.
Insolvency Event means any of the following events or any analogous event:
Intellectual Property means any copyright, registered or unregistered designs or trade marks, domain names; know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you (or your Personnel):
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Our Materials means all work, models, processes, technologies, strategies, materials, information, documentation, and services that we may provide to you under this Agreement, and which may contain material which is owned by or licensed to us, and is protected by Australian and international laws.
Minimum Period means any minimum period for the whole or part of the Services, as further particularised in the Quote.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the provision of the Services, whether before or after the date of this Agreement.
Payment Terms means the payment terms set out in the Quote.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Quote means the quote relevant to this Agreement.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Services means the services set out in the Quote, and includes any term applicable for the relevant services (Service Term).
Statutory Rights has the meaning given in clause 11.1.
Term means the term of this Agreement, commencing on the Commencement Date until the last Service Term date set out in the Quote for the provision of the Services and as extended for any Renewal Term, unless earlier terminated in accordance with its terms.
Third Parties means third parties who are not our employee or our direct contractor, including customers, end users, suppliers, transportation or logistics providers or other service providers which the provision of the Services may be contingent on, or impacted by
Your Materials means all work, models, processes, technologies, strategies, materials, information, documentation and services (including Intellectual Property), owned, licensed or developed by or on behalf of you or your Personnel before the Commencement Date and/or developed by or on behalf of you or your Personnel independently of this Agreement.
Get Found Digitally always been there to discuss any advertising we need to get to the top rankings. We have cherished your advice as this is not our field of specialties but most certainly is yours. I like the way you check in every few days to see how everything is going and send me email reminders to keep us on track. We really appreciate all your guidance and help. ★ ★ ★ ★ ★
We highly recommend using Get Found Digitally. they designed us with an excellent new website slashed our marketing price in half and still increases our google ranking every week. my account manager is always only a phone call away and constantly monitors what is happening online for us ★ ★ ★ ★ ★