Terms of Service
The client (Client)
The terms "Expand Online", “we”, “us” and “our” on this page refers to Expand Online.
Please read through these Terms and Conditions carefully before using Expand Online’s services. By engaging in services with Expand Online you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change and it is the client's responsibility to check any changes.
Validity of the Agreement
A proposal is valid 14 days from issue date. Once an updated proposal version is issued, the previous proposal versions lose their validity.
Either party may terminate the agreement on 10 working days’ written notice to the other party. Packaged services require 1 month’ notice. Expand Online will issue a final invoice after the termination date with any outstanding payments to be made.
Expand Online reserves the right to cease work immediately without liability to provide the project and to terminate this agreement if the client should go into liquidation or bankruptcy, or if the client fails to meet any obligation in accordance with this agreement.
If at any point during a project, the client wishes to cancel, they may do so. In all circumstances, Expand Online will retain a minimum of 25% of the project fee and, in agreement with the client, will invoice above that amount proportional to the amount of work completed on the project.
If an optimisation strategy has been provided to the client, the full amount of the project is deemed payable. The strategy remains the property of Expand Online until such time that the client has paid the full the project amount.
Moral Duty of Care
To provide quality products and services, Expand Online employs industry best practices and IP accumulated via professional trainings, research and certifications (e.g. Google Certifications). Expand Online has a moral duty of care to ensure products and services are provided to a reasonable standard of quality, and in a professional and timely manner. However, Expand Online is not responsible for any products and/or services that are deemed by the client to be unsatisfactory in any way.
Expand Online cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence. Project delivery dates will also be arranged with the client, but may be subject to change depending on project or task scope shift.
Expand Online provides online marketing and ecommerce strategy recommendations as well as managing advertising campaigns. As part of that, Expand Online may perform basic website updates such as image and text amendments. Complex technical features may need to be developed by the client or an appropriate third party.
Prices & Payments
All prices are in New Zealand Dollars (NZD) and exclude GST. Third party advertising fees (e.g. Google Ads fees) are additional and covered directly by the client unless agreed otherwise.
Any extra work requested after the sign off of this proposal will be charged at an hourly rate or a separate project sign off is required.
If it is agreed by both parties that the amount of work done to complete a project or retainer service is less than half of the invoiced amount, the respective amount of the project or retainer service cost will be refunded if paid in advance.
Invoices are issued monthly, within the first week of the following month. Payments are due 21 days after invoice has been issued. Late payment fees are 1.5% per month thereafter.
Expand Online reserves the right to alter the hourly rate at any time as business needs dictate. Any rate alteration will be preceded by a 30 day written notice.
Expand Online reserves the right to charge travel time at $45/hour for travel over ½ hour (return trip).
Expand Online’s Google Ads packages offer fully managed Google Ads solutions for small and medium businesses in most industries. They cover a one-off setup fee and a monthly management fee and can be extended with optional extras. For details view the packages on the website if applicable.
Account Set Up fee is waved if existing account has been set up professionally and does not require major changes and technical integrations.
Automatic Payments to Google Ads and other advertising platforms
Using online advertising platforms like Google Ads Advertising accrues a monthly balance that the client automatically pays each month. Although Expand Online may set up these automatic payments on the client’s behalf, Expand Online does not take a commission on any of these automatic payments as they are paid directly to the advertising platform provider (e.g. Google). These automatic payments are completely separate to Expand Online’s campaign setup and monthly maintenance fees.
$100 Google Ad credit is only available for new Google Ad accounts.
It is the client’s responsibility to ensure that the credit card used is valid and has sufficient funds to make these automatic payments each month. Otherwise, a manual payment will be required which may cause the advertising platform provider to pause the advertisements. In cases like this, Expand Online will not be responsible for any advertising downtime.
Multi-Channel report can be set up if part of the agreement and includes a large variety of account data and channels but is limited to the channels integration with Data Studio and respective data connectors.
Ad Content and Approval
There may be instances where an Ads campaign requires Expand Online to create image-based ads. Expand Online will send drafted image-based ads to the client for approval. The client is asked to check all ad copy for typos, copyright infringements and other content that need to be edited or removed. Expand Online is happy to make a round of modifications to the ads drafted, however, Expand Online reserves the right to reject additional modification requests that it deems as nonsensical, unproductive, or cyclical. Once ads have been approved by the client, Expand Online is not liable for any detrimental effects due to the ads not being accurate or satisfactory in any way.
Usually, Expand Online will also create text-based ads and it is the client’s responsibility to check that these ads are accurate and satisfactory. Expand Online will manage the performance of these ads and test variant ads, however, Expand Online is not obligated to notify you of any changes to text-based ads.
When creating any ads for your campaign(s), Expand Online is not responsible for using any information from your website or other marketing collateral that is inconsistent, inaccurate or misleading. Expand Online is also not responsible in the unlikely event that your ads run against keywords or alongside content that is irrelevant, offensive, obscene, or otherwise objectionable while Expand Online takes care to avoid such instances.
Changes to Services
Expand Online’s services rely on third party service providers and changes made by these third party service providers may require Expand Online to change its services. Expand Online reserves the right to change any service at any time for any reason.
The client agrees that Expand Online will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Expand Online may have been notified of such damage or claims.
Expand Online shall not be liable to the client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
The client agrees to defend, indemnify and hold Expand Online harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the projects provided by Expand Online to the client under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or projects sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the client for publication by Expand Online.
If, despite the other provisions of this agreement, Expand Online is found to be liable to the client then its liability for any single event or series of related events is limited to the fees.
Due to the public nature of the Internet, all material submitted by the client for publication will be considered publicly accessible. Expand Online’s publication of material submitted by clients does not create any express or implied approval by Expand Online of such material, nor does it indicate that such material complies with the terms of this agreement.
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights the client may have under it apply in addition to the rights the client may have in this agreement. Nothing in this agreement will limit or exclude the client’s rights under this act.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
Online Marketing Liability Statement
Google advertising platforms are subject to eligibility. Expand Online cannot guarantee that all Google advertising tactics are available to the client if the client’s website is not compliant with Google’s advertising policy. Expand Online will advise in such instances.
Expand Online are very experienced in the online marketing field and always strive for the very best advertising performance results and project outcomes for their clients. However, website promotion is a complex area with many variables. Expand Online cannot offer you a guarantee that your site will always get the advertising performance results you seek or high rankings for your preferred phrases, especially in very competitive market areas.
Expand Online will not be liable for any loss or damages arising, either directly or indirectly, from search engine rankings. Expand Online will also not be liable for any loss or damages sustained in the event that search engines no longer favour Expand Online’s techniques or no longer recognised Expand Online’s website, or sites/ businesses associated with Expand Online.
Last update 15 January 2020