Terms and Conditions.
Terms and Conditions for Josari Group Pty Ltd T/A Buck the Trend Marketing ABN: 58 666 429 616:
Last modified: 20.04.2023
Introduction:
These terms and conditions govern the use of services provided by Buck the Trend Marketing, an Australian-based marketing agency, available on the website www.buckthetrend.com.au.
By accessing or using our services, you agree to be bound by these terms and conditions.
Services:
Buck the Trend Marketing offers a range of marketing services to Clients.
Services may include but are not limited to, marketing strategy development, branding, digital marketing, social media management, copywriting, graphic design, and website development.
The services are provided on an "as is" and "as available" basis.
Buck the Trend Marketing reserves the right to modify, suspend, or discontinue any aspect of the services at any time by general notice on a page of our website, by email or by any other method of communication.
Engagement
You may engage us to carry out a Service for you by:
Acknowledging you have read the Terms and Conditions of Use on our website when you purchase a marketing plan and audit; or
Responding to a quote provided by Buck The Trend Marketing; or
in the case of smaller engagements by written verification.
Unless we notify you otherwise, Buck The Trend Marketing will accept that engagement, subject to these Terms and Conditions. The Service will commence in line with the Service schedule or when Buck The Trend Marketing accept the engagement.
Relationship between parties
Any employee of Buck the Trend Marketing shall not be considered an employee of the Client under any circumstances.
This Agreement does not create any other partnership between the Parties.
This Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are entitled to enter into other Agreements with other parties.
Pricing Structures
If Buck The Trend Marketing provides you with a Pricing Structure for any Service, then that Pricing Structure:
is not inclusive of GST;
is based on the Specifications outlined in the quote, and is subject to change if the parties agree to amend the Specifications; and
is valid for a period of 30 days from the date Buck The Trend Marketing issue the Pricing Structure, unless otherwise agreed by both parties.
Client Obligations:
The Client is responsible for providing accurate and complete information regarding their business, products or services, and target market, in a timely manner.
The Client is responsible for ensuring that any content or materials provided to Buck the Trend Marketing do not infringe any intellectual property rights or breach any laws.
The Client is responsible for ensuring that any content or materials provided to Buck The Trend Marketing will not compromise the security or operation of our computer systems, through a virus or otherwise.
The Client is responsible for ensuring that all payments are made in a timely manner as outlined in the proposal provided by Buck the Trend Marketing.
Services
Buck The Trend Marketing may include some / all of the following Services:
Marketing Audit;
Marketing Plan Development;
Consultation;
Copywriting;
Domain Name Services;
Workshops;
Design;
Maintenance;
Third Party Software;
Training;
Support & Maintenance Packages;
Email/SMS Marketing;
Strategy and Analytics.
You acknowledge that electronic services are subject to interruption and breakdown and all non-electronic services are subject to disruption, and therefore:
The Services will not be error-free or uninterrupted; and your access to the Service and the operation of the Service will not be error-free or uninterrupted.
Buck The Trend Marketing reserves the right to continue to provide the Services and/or invoice you for the Services in the event of any disruption, other than a disruption caused by Buck The Trend Marketing’s negligence or wilful acts or omissions.
Variations and additional costs
If, during the course of our engagement, there are changes in the Specifications of the Service, the changes will be treated as a Variation.
Where a Variation occurs, Buck The Trend Marketing reserves the right to halt work and review the Service costings. Buck The Trend Marketing will discuss the Variation with you and where required will issue a Variation Notice which is to include the modifications to the Specifications and any associated costs. Buck The Trend Marketing will not proceed with the Services until your written approval to proceed has been granted.
Examples of Variations include:
i. changes in the Specifications during the design;
ii. additional project management time;
iii. development work not specified within the original scope.
iv. introduction of additional requirements not discussed during the initial workshop;
v. unplanned delays in obtaining approval, Client Content or feedback resulting in Buck the Trend Marketing having to reschedule services, staff or facilitate continuance;
vi. overtime required to meet deadlines due to delays by the Client providing approval, Client Content or feedback;
vii. costs for commercial fonts, photography, audio and video;
It is Buck The Trend Marketings standard process to include Service management time in all quotes, but from time to time Buck The Trend Marketing is required to not only manage the Buck The Trend Marketing team but also manage the Clients team. This is generally not known at the time of quoting and may be treated as a Variation.
If during the course of engagement there are small changes in the Service, Buck The Trend Marketing will contact the Client and provide an estimate of the Additional Costs for these changes.
Where possible, Buck The Trend Marketing will attempt to obtain approval from the Client prior to undertaking the additional work. However, in some cases due to deadline and availability constraints, this may not be possible and Buck The Trend Marketing may proceed with the work without obtaining approval.
Additional Costs will be invoiced separately to the Client on an ad hoc basis, charged at current Professional Hourly Rates.
Examples of Additional Costs include:
content not in the appropriate format;
extra workshops or workshops requiring additional hours;
requested additional design concepts / alternatives;
requested changes to the marketing plan after final approval has been requested or provided;
uploading and styling/layout of additional Client Content;
additional meetings and travel time.
Marketing Plans
Our marketing plans provide marketing recommendations on how a Client can improve their marketing activities. These marketing plans include action items, timeframes and budgets. However there are some items we do not offer as part of this package.
Customer Journey Mapping
In-depth Market Research (such as customer surveys, researching industry demographics etc)
Comprehensive Brand Positioning (such as creating new tag lines, brands, Unique Value Proposition etc).
Hours of Service
Services will be provided Monday to Friday, (excluding public holidays and Christmas/New Year closure periods), from 8:00 am to 5:00 pm AEST. Services outside normal hours may be provided on request and at the discretion of Buck The Trend Marketing.
Warranty Disclaimer
Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by legislation which cannot be lawfully excluded or limited. Such legislation includes the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances, each a non-excludable provision.
Subject to Buck The Trend Marketings obligations under the non-excludable provisions, and to the fullest extent permissible by law, Buck The Trend Marketing expressly disclaims all warranties and representations of any kind with respect to the Services whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.
Confidentiality:
Buck the Trend Marketing agrees to keep all information provided by the Client confidential.
The Client agrees not to disclose any confidential information provided by Buck the Trend Marketing.
Each party must take all steps and do all such things necessary to safeguard the confidentiality of the Confidential Information of the other party.
Intellectual Property:
Buck the Trend Marketing retains ownership of all intellectual property rights in any work created as part of the services provided to the Client.
The Client is granted a license to use any work created by Buck the Trend Marketing for the purposes outlined in the proposal.
The Client agrees not to reproduce, distribute, lend, sublicence or use any work created by Buck the Trend Marketing for any purpose other than that outlined in the proposal without the prior written consent of Buck the Trend Marketing.
Buck The Trend Marketing does not warrant that the Clients use of the designs, materials or content produced by Buck The Trend Marketing for the Client in the course of the Service will not infringe any third party’s Intellectual Property Rights or any person’s Moral Rights. Buck The Trend Marketing will advise the Client if Buck The Trend Marketing becomes aware of any infringement.
As part of the Services, Buck The Trend Marketing may place the Clients company logo, case study and / or testimonial on its corporate website or promotional collateral for promotional purposes and the Client irrevocably authorises Buck The Trend Marketing to do so. The Client agrees to provide feedback or a testimony upon request after the release/closure of the Service.
Buck The Trend Marketing agrees that any intellectual property provided by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.
Buck The Trend Marketing will refrain from using such intellectual property upon the termination of this Agreement.
Limitation of Liability:
Buck the Trend Marketing will not be liable for any loss, damage or expenses arising from the provision of the services to the Client unless caused by the gross negligence or wilful misconduct of Buck the Trend Marketing.
In no event will Buck the Trend Marketing be liable for any indirect, special, or consequential damages arising from the provision of the services to the Client.
Buck The Trend Marketing makes no warranties regarding the likelihood of success of marketing or promotional activity undertaken by the Client, pursuant to the agreement.
Indemnity
The Client indemnifies, defends and holds harmless Buck The Trend Marketing in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:
any breach of this agreement;
the Clients negligent acts or omissions; or
the Clients use of the Services, including any third party claims made in connection with or arising out of the Client’s use of the Service, other than use in accordance with this agreement;
breach of third party Intellectual Property.
You indemnify, and agree to keep Buck The Trend Marketing, its directors, officers and employees, indemnified against all Loss arising from actions taken performing Services.
GST
Unless Buck The Trend Marketing expressly states otherwise, the Fees and any Additional Costs do not include GST.
If at any time Buck The Trend Marketing decides that GST is payable on supplies made by Buck The Trend Marketing, or if the Australian Taxation Office assesses GST on any such supplies, then the necessary amount will be added to, and form part of, the Fees or Additional Charges (as the case may be) at the GST rate prevailing at the relevant time.
Termination:
A party may terminate this agreement by notice in writing to the other party if:
the other party commits a material breach of this agreement that is capable of remedy (including failure to pay any amount due under this agreement) and fails to remedy that breach within [14] days after receiving notice from the other Party to do so;
the other party commits a material breach of this agreement that is not capable of remedy; or
the other Party becomes Insolvent.
Buck The Trend Marketing may terminate this agreement if:
The Client does not provide any information or materials requested within a reasonable time after being asked to do so; or,
Buck The Trend Marketing considers that mutual confidence and trust no longer exist.
Either party may terminate the services at any time by providing 30 days written notice to the other party.
If the Client terminates the services before completion, Buck the Trend Marketing will be entitled to payment for all work completed up until the date of termination.
Governing Law:
These terms and conditions are governed by and construed in accordance with the laws of Queensland and the Commonwealth of Australia.
Any disputes arising from these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland. Each party shall not:
object to an action being brought in the Queensland Registry of a court of that State or Federal Court; or
assert that any action has been brought in an inconvenient forum;
and each party undertakes to refrain from:
bringing an action in any other court or tribunal whether within Australia or otherwise; and
seeking pursuant to the Jurisdiction of Courts (Cross-vesting) Act 1987 (Qld) (as amended) or otherwise to transfer any action to another State or Territory; in relation to any dispute which arises directly or indirectly from this agreement.
Entire Agreement:
These terms and conditions of use constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral.
Buck The Trend Marketing may change this agreement from time to time. The new terms will apply to any Service that commences after the date that Buck The Trend Marketing publish the changed terms and conditions. Your engagement of our Services after that date signifies your acceptance of the amended agreement.
General Conditions
If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.
Buck The Trend Marketing may subcontract its obligations under this agreement.
By using Buck the Trend Marketing's services, you agree to these terms and conditions. If you have any questions or concerns, please send us an enquiry via a contact us form on our website www.buckthetrend.com.au.