**Disclaimer**
All information, services, products, and software provided on this website are provided “as is” without warranty of any kind, either express or implied.
Any use of this information is at the user’s risk. emmersion only accepts liability for delays, interruptions, errors, or omissions however occurring in the collecting, recording, processing, storing, or dissemination of information where emmersion can be proven to be at fault or the direct cause. This publication and the features described herein are subject to change without notice.
1. * The Service
These Terms & Conditions govern your use of emmersion (the “Service”), an Internet strategy setup and subscription service operated by Emmersion Marketing Pty Ltd, that provides users with access to the Website’s Internet Strategy services and/or Search Engine Marketing services, Google AdWords, (SEO) Search Engine Optimisation, social media, website design, website development. emmersion services are provided to you by Emmersion Marketing PTY LTD on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use emmersion for other purposes, directly or indirectly, by you or by a third party is prohibited.
*1.1 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The service consists of Internet Strategy services such as search marketing services/search engine optimisation, social media, website design, and layout. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
*1.2 emmersion reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. You shall be notified by email of such changes or modifications which shall be effective immediately upon notice published on the www.emmersion.com.au site. Your continued use of the Service constitutes your binding acceptance of these terms and conditions.
*2. Disclaimer of Warranties**
*2.1 You expressly agree that entering or using emmersion is at your own risk. No warranty, representation, condition, undertaking, or term – express or implied, statutory, or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of emmersion is given or assumed by all such warranties, representations, conditions, undertakings, and terms are hereby excluded.
*2.2 emmersion warrants that emmersion will use reasonable endeavours to meet your requirements and to a degree considered reasonable, ensure that emmersion will be uninterrupted, timely, secure, and error-free.
*2.3 emmersion makes no warranty that an Internet Strategy including Search Engine Marketing or Search Engine Optimisation, Social Media, or any other related campaign or service will generate any increase in sales, business activity, profits, or any other form of improvement for your business or any other purpose.
*2.4 emmersion makes no warranty that Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design, or Website Development of digital advertising campaigns will lead to any clicks to your business or other information.
*2.5 emmersion makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design, or Website Development campaign will lead to consistent exposure of your business or your keywords during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.
*2.6 emmersion makes no warranty that a Search Engine Marketing or Search Engine Optimisation, Social Media, Website Design, or Website Development campaign will lead to any inquiries, emails, phone calls, or sales leads of any kind.
*2.7 The information available on or through emmersion user-amended sites is not reviewed, controlled, or examined by emmersion in any way before it appears on emmersion.
*2.8 emmersion does not endorse, verify, or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).
*2.9 emmersion does not warrant or guarantee that some material may be deemed objectionable by some individuals.
*2.10 emmersion warrants that where it is within our reasonable control, we will ensure the services performed are uninterrupted and error-free and that, where defects are identified, emmersion will correct these defects if they pose a material impact on you. emmersion will use reasonable endeavours to ensure that information available on or through emmersion will be free of infections by viruses, worms, Trojan horses, or anything else manifesting contaminative or destructive properties and that the information available on or through emmersion will not contain adult-oriented material.
*2.11 emmersion holds professional indemnity and limited public liability cover. To the fullest extent permitted by law, the total liability in the aggregate (of consultants, officers, directors, partners, employees, agents, and subcontractors) will be to the client (or anyone claiming by or under the client) for any claims, losses, costs, or damages whatsoever arising out of or resulting from or in any way related to this project or agreement from any causes or causes including but not limited to negligence, professional errors and omissions, breach of contract or breach of warranty, shall not exceed $5,000,000.
*3. Search Engine Optimisation Indemnity Clause**
*3.1 emmersion makes no guarantee that keywords will rank on page one by the contract end date.
4. * Google AdWords Clause
*4.1 All Google AdWords campaigns are the intellectual property of emmersion and the client by signing this agreement agrees not to have access to any campaigns that are set up on their behalf.
*4.2 As a Google AdWords Certified Partner we are required by Google to make you aware of their Disclosure notice. If you would like to review Google’s disclosure notice you can find it on our website www.emmersion.com.au next to our terms and conditions and privacy statement. Or you can follow this link: https://support.google.com/adwordspolicy/answer/152979?hl=en&rd=1
5. * Cancellations Policy
*5.1 The client may provide emmersion written notice of its election to cancel this contract at any time and for any reason during the first 10 days or with 30 days’ notice during the 6-month campaign. After the first 10 days, the client is committed to 2 months of the campaign. Beyond the initial 6-month campaign, if the client wishes to continue, emmersion can negotiate a 12-month agreement with the client at any time. Otherwise, the agreement will continue as is and will require in writing by the client, 30 days advanced notice of wishing to cancel in 30 days. This means any payment that falls due in the next 30 days of cancellation will be payable by the client.
*5.2 Any refunds must be approved by management and will be processed within 15 working days. An administrative fee of $150 is charged on any remaining funds in the AdWords account that are due to be refunded to the client at the closing of the campaign. All other funds will be refunded to the client at the closing of the campaign.
*5.3 You must notify emmersion if you do not wish to renew your subscription/monthly management before the end of the contract. emmersion will automatically renew your subscription at the end of each term and deduct the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.
*5.4 If you breach any of these Terms or the services offered have a material impact on emmersion’s operating performance, to the extent that the breach is material in nature or outcome to emmersion and the client does not remedy the breach within 10 business days, emmersion reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service upon issuing the client with written notice detailing the breach. Should emmersion terminate your access, emmersion will refund any outstanding amounts within 30 days subject to any other binding obligations in this contract and or administration fees if applicable.
6. * Fees and Payments
*6.1 Where known to emmersion we will request approval from you for any third-party services before approving them. You agree to pay all fees incurred by you or any third party using your Service account (whether or not authorised by you if emmersion is not informed) including any transaction fees from 3rd party services at the rates in effect for the billing period in which such fees are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by emmersion or by any third party.
*6.2 The setup must be paid in full to emmersion before any work on your Service will begin.
*6.3 Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment, and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to telephone service provider charges, telephone line charges, and internet service provider charges.
*6.4 emmersion reserves the right, at its sole discretion, to change or
modify all or any part of its fees at any time but will notify you in writing before any fee changes take effect.
7. *Refund and Disputes
All payments to emmersion Marketing PTY LTD are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in emmersion’s sole discretion, are determined to be invalid under the terms and conditions of our services agreement, will result in your service being immediately terminated in addition to any fees assessed by your credit card issuer and any chargebacks processed by emmersion.
8.* Intellectual Property
*8.1 You acknowledge that emmersion owns all rights, title, and interest in and to the Service, including all intellectual property rights (the “Rights”). The Rights are protected by Australian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, or other automated devices to monitor or copy any content from the Service. The Rights include the (a) Service developed and provided by emmersion, and (b) all software associated with the Service.
*9. Indemnity
*9.1 You agree to indemnify and hold emmersion, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10.* General Acknowledgements
*10.1 This Agreement is governed by the laws of the State of New South Wales, Australia, and you hereby consent to the exclusive jurisdiction and venue of courts within New South Wales, Australia, in all disputes arising out of or relating to the use of emmersion.
*10.2 No joint venture, partnership, employment, or agency relationship exists between you and emmersion as a result of this Agreement or use of emmersion.
*10.3 emmersion may assign this Agreement, in whole or in part, at any time. emmersion’s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of emmersion’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of emmersion or information provided to or gathered by emmersion concerning such use.
*10.4 If any part of this Agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
*10.5 This Agreement constitutes the entire agreement between you and emmersion concerning emmersion and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and emmersion concerning emmersion.
11. *Pay for Performance Terms and Conditions:
*Offer available to qualified businesses only, limited to eCommerce campaigns. Excludes ad spends, link building, and any third-party services.
*All campaigns are created and owned by emmersion for the first month. The client must pay emmersion for the advertising expenditure in advance unless otherwise agreed.
*“Creative work is restricted to working with images and performing basic video editing.”
*Our “No Performance, No Pay Guarantee” Becomes void if there are any issues outside of our control. In such cases, we will charge a minimum payment of $1,997 per month until the issue is resolved.
*To be eligible for our Pay for Performance model, you must have been running online advertising for the past 3 -5 months. If you do not meet this requirement, you may need to make a one-time commitment payment of $2,800 per platform at the beginning. If you do qualify, no one-time commitment payment is required to get started.
*Our minimum agreed campaign commitment length is 6 months. If you wish to discontinue at any time, you need to provide 30 days advanced notice of cancellation. We also offer a 10-day cooling-off period, during which you can receive a full refund. Please note that the refund will exclude any spent ad spends, link building, and any other third-party costs incurred by emmersion.
12.* Social Media (Twitter, Facebook, YouTube, and Others) Disclaimer
Any content, views, opinions, and/or responses to questions uploaded, expressed, or submitted by the creators, sponsors, advertisers, or users of Twitter, Facebook, YouTube, or any other social media platforms, apart from the content provided by emmersion, are solely the responsibility of the individual submitting them. These do not necessarily reflect the views or opinions of emmersion. Emmersion is not accountable for content published, posted, uploaded, distributed, disseminated, or otherwise transmitted by third parties via Twitter, YouTube, Facebook, or any other online communication platforms.
emmersion does not guarantee the accuracy, completeness, or usefulness of the information available on our social media pages. Nothing contained in or provided through these pages is intended to constitute advice or serve as a substitute for professional advice. Any reliance you place on such information is strictly at your own risk.
We may include links to other web pages, but these links are not endorsements of those pages. emmersion utilizes independent digital advertising platforms and AI resources to determine the ideal placement for client-related content. Emmersion is not responsible for the content of any website not operated by emmersion. Should a client find their content or advertisement on any website not operated by emmersion that does not meet their expectations, the client can request emmersion to remove the advert from the inappropriate URL and site immediately.
13.* Website Design and Development (if applicable)
Where production schedules are not met by the customer, final delivery dates will be adjusted accordingly. The customer must supply emmersion with as much direction as possible to ensure the project is completed correctly. The customer is to supply all copywriting content before work commences on the project unless emmersion is supplying the copywriting. The textual content must be supplied in its final edited form in a Word document. Emmersion is not responsible for any spelling or grammatical errors. Image content changes will incur extra costs.
All work carries a maximum of 2 rounds of revisions (4 hours total) before sign-off. Revisions required after sign-off are the responsibility of the customer. The customer agrees to pay an emmersion for the additional revisions. Although emmersion will check the website before launch, it is the responsibility of the customer to check and approve all aspects of the site.
emmersion will endeavour to store files after the project is signed off for a period of 3 months, after which time emmersion reserves the right to discard them without notice. It is the sole responsibility of the customer to maintain backup copies of all materials, files, or databases placed on the email or hosting servers managed by emmersion. At no time shall emmersion assume liability for lost customer content.
emmersion’s hosting partners endeavour to provide continuous uninterrupted service at all times; however, the service provided to the customer is not fault-free and relies on factors outside the control of emmersion. Emmersion is not responsible or liable for anything related to any downtime or outages of this service. It is the sole responsibility of the customer to check the terms of service, including but not limited to software and hosting supplied by emmersion.
The customer must hold confidential all services provided by emmersion and take all reasonable steps to protect the intellectual property of emmersion. Upon final payment, the customer has full ownership of the website and all artwork produced but this does not include working files from, but not limited to, InDesign, Photoshop, etc.
The customer agrees to exercise due diligence in its direction to emmersion regarding the preparation of materials. The customer is responsible for all trademarks, copyright, and patent infringement clearances and is responsible for arranging any licenses or royalty payments.
emmersion reserves the right to distribute and publish all work created as it sees fit. Emmersion reserves the right to add or withdraw credits to all work created. Emmersion reserves the right to suspend and/or cancel any services, including but not limited to user accounts, SSL, email accounts, web hosting, and/or domain registration, if:
– The customer has any outstanding invoices.
– The customer fails to comply with any provisions in this agreement or those referenced in this agreement.
– Emmersion decides that the hosting or CMS account has been inappropriately used, including but not limited to, no adult content, no spam, and no copyright infringement.
– Emmersion deems the customer’s use of our services may jeopardize the operation of the service, be that emmersion or our suppliers.
Either party may terminate the project with 30 days written notice. The customer cannot reassign its rights under any agreement with emmersion without the prior written consent of emmersion. Emmersion may transfer the customer’s rights to another party with 30 days written notice.
The customer will be liable for all expenses incurred by emmersion resulting from any security breach, attack, and/or error that involves but is not limited to, customer hosting, hardware, software, network configuration, and IP addresses.
Production schedules, storage of files, and property belonging to the customer will be established and adhered to by both the customer and emmersion, provided that neither shall incur any liability, penalty, or additional cost due to delays caused by a state of war, riot, fire, flood, industrial dispute or strike, crime, energy failure, equipment breakdown, or force majeure. The customer shall not hold emmersion responsible for any loss or damage resulting from the above-mentioned.
Notes*
Under no circumstances will emmersion be responsible or liable in any way for any content, including but not limited to, any errors or omissions in the content, or for any loss or damage of any kind incurred as a result of any content communicated on the emmersion website or emmersion Twitter, Facebook, YouTube, Live Stream, LinkedIn pages or any other pages, whether by emmersion or a third party. In no event shall emmersion be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the availability, use or performance of any information communicated on these pages.
This agreement is to be governed by the laws of New South Wales and Victoria and the parties hereby submit to the jurisdiction of the courts and Tribunals of New South Wales and Victoria and of the courts hearing appeals from those courts and Tribunals.