terms & conditions – emmersion

Last Updated: [01-10-2024]

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY MAKING A PAYMENT OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SERVICES.

1. Definitions and Interpretation

1.1 “emmersion,” “we,” “us,” and “our” refer to emmersion marketing pty ltd and its affiliates.
1.2 “Service” refers to our internet strategy setup and subscription services, which include search engine marketing, search engine optimisation (SEO), social media management, website design, website development, and other related digital advertising services.
1.3 “Client” or “you” means the individual or business purchasing our services.
1.4 “Contract” means these Terms & Conditions together with any order confirmation or additional service-specific terms provided in writing.

2. Service Provision and Modifications

2.1 Service Availability:
Our services are provided on an “as is” and “as available” basis. We will use commercially reasonable endeavours to ensure that our service is timely, secure, and uninterrupted; however, we do not warrant that the Service will be error-free or meet any specific performance criteria.

2.2 Modifications:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. Notice of material changes will be provided via email and/or posted on our website. Your continued use of the Service constitutes acceptance of the updated terms.

2.3 Compliance with Law:
Our delivery of services and this Contract are subject to all applicable Australian laws, including the Australian Consumer Law (ACL), ACCC guidelines, and relevant advertising standards. If any provision conflicts with mandatory legal requirements, those statutory rights shall prevail.

3. Payment, Fees, and Refunds

3.1 Fees and Charges:
All fees for setup, subscription, and any third-party services will be clearly detailed in the order confirmation. Fees are quoted exclusive of any applicable taxes or transaction charges.

3.2 Payment Terms:

The setup fee must be paid in full before any work commences.
Subscription fees and any agreed advertising expenditure must be paid as invoiced.
You are responsible for any additional third-party charges incurred as a result of using the Service.

3.3 Refund Policy:
Except where required by law, all fees are non-refundable. In the event of a proven service failure, any approved refund will exclude third-party or non-recoverable costs. Refund requests or billing disputes must be raised in writing within 30 days of the disputed charge.

3.4 Automatic Renewal:
Unless otherwise agreed, your subscription will automatically renew at the end of each term. Notice of renewal and any fee adjustments will be provided in advance. To cancel, you must provide written notice as set forth in Section 4.

3.5 Late Fees and Charges:
emmersion resrvse the right to charge a late fee or recuring 15% for any overdue invoices untill they are paid.

4. Cancellation and Termination

4.1 Cancellation by Client:

For a new contract, you may cancel within a 10-day cooling-off period. After this period, cancellation requires a written notice with a 30-day notice period.
For campaigns beyond the initial 6-month commitment, cancellation requires a 30-day written notice prior to the next billing cycle.

4.2 Early Termination Fees:
If you cancel outside the prescribed notice periods, any fees due for the subsequent 30 days will remain payable. In instances where your cancellation materially impacts our operations or leads to unrecoverable costs, we reserve the right to charge an administrative fee.

4.3 Termination by emmersion:
We reserve the right to suspend or terminate your access to the Service immediately if you breach these Terms or if your actions materially jeopardise our operations. In such cases, we will refund any outstanding amounts (minus any applicable fees) within 30 days.

5. Performance Advertising and “Pay for Performance” Model

5.1 Performance Disclaimer:
While we use our expertise to design effective and profitable campaigns, we do not guarantee any specific outcomes (e.g., keyword ranking, sales leads, ROAS, or website traffic). Unless otherwise shown in the Proposal/Contract of Partnership and Service, performance outcomes depend on various factors, including some that are beyond our control.

5.2 Pay for Performance:
Eligibility: *This model is available only to qualified businesses with a documented history of online advertising for at least 3–5 months for a perforamnce Guarante to be put in place.

*Performance Guarantee Terms: Our “No Performance, No Pay Guarantee” is subject to the condition that any issues outside our reasonable control (e.g., third-party platform changes, technical outages, or force majeure events) void the guarantee. In such cases, a minimum fee of $1,297 + GST per month will apply until resolution.

*Measurement: Performance metrics and criteria will be mutually agreed upon in writing at the start of the campaign. Detailed performance targets, review intervals, and adjustment mechanisms will be specified in the service addendum.

*If a performance guarantee cannot be achieved within a 3‑month period, we will propose a new guarantee and require a minimum payment of $900 + GST per month until a consistent baseline is established.

6. Intellectual Property and Data Usage

6.1 Ownership:

All intellectual property rights in the Service, including proprietary software, Copy and creative work, remain the sole property of emmersion unless explicitly transferred in writing.
For digital advertising campaigns (e.g., Google AdWords), intellectual property rights are jointly held unless otherwise agreed. However, access to and control over these campaigns remain subject to our operational guidelines.
Any campaigns are owned by emmersion, who own their creative and copy. While there are outstanding and unpaid innovations, unless agreed upon in writing.

6.2 Usage Restrictions:
You agree not to reproduce, alter, or create derivative works based on our content without prior written consent. The use of automated tools to access or copy content is expressly prohibited.

6.3 Data Privacy:
Our handling of personal data is governed by our Privacy Policy and complies with the Privacy Act 1988 and other applicable Australian privacy regulations. By using the Service, you consent to such data processing.

7. Limitation of Liability and Indemnity

7.1 Limitation of Liability:
To the fullest extent permitted by law, our total liability for any claims arising under this Contract (including claims for indirect, consequential, or incidental damages) is limited to the total fees paid by you for the Service in the preceding 12 months. Nothing in these Terms excludes liability for death or personal injury caused by our negligence or any other liability that cannot be excluded by law.

7.2 Indemnity:
You agree to indemnify and hold harmless emmersion, its directors, officers, employees, agents, and affiliates from and against any claims, losses, or damages (including reasonable attorneys’ fees) arising out of or in connection with:

Your use of the Service,
Any breach of these Terms,
The content you submit or publish, and
Any third-party claims related to your use of the Service.

7.3 Force Majeure:
We will not be liable for any delay or failure to perform our obligations when such delay or failure results from events beyond our reasonable control, including (but not limited to) natural disasters, acts of government, or technical failures.

8. Advertising and Regulatory Compliance

8.1 Advertising Standards:
Our services, including digital advertising campaigns, will adhere to the guidelines set by the Australian Competition and Consumer Commission (ACCC) and other relevant advertising standards bodies. We are not responsible for any non-compliant content provided by third parties.

8.2 Disclosure Requirements:
As a Google AdWords Certified Partner, we are required to disclose certain information regarding ad placement and campaign details. Such disclosures will be made in accordance with Google’s policies and applicable Australian advertising guidelines.

9. Dispute Resolution and Governing Law

9.1 Governing Law:
This Contract is governed by the laws of New South Wales, Australia. Both parties agree that any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

9.2 Dispute Resolution:
In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiation or mediation before resorting to litigation. Any unresolved disputes will be decided by the appropriate courts as specified above.

10. General Provisions

10.1 Entire Agreement:
These Terms, together with any service-specific addenda or order confirmations, constitute the entire agreement between you and emmersion regarding the Service and supersede all prior communications.

10.2 Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.3 Assignment:
We may assign or transfer our rights under these Terms to another party, provided that such assignment does not adversely affect your rights.

10.4 Notices:
Any notices required under these Terms will be provided in writing and delivered via email or postal mail to the addresses provided by both parties.

* 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.

***11. *Pay for Performance other 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 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.

EARNINGS DISCLAIMER

The information provided on this website is for informational purposes only and is not intended to serve as a promise or guarantee of earnings or success. While we share case studies, testimonials, and examples of potential income, your actual results will depend on many factors including your experience, skill, effort, and market conditions. No representation is made that you will achieve similar results.

Key Points to Consider:

No Guarantees:
Any earnings or income claims discussed on this site are examples only and should not be interpreted as guarantees of future performance. Your results may vary, and there is no assurance that you will generate any particular level of revenue.
Individual Results May Vary:
The figures, percentages, or examples provided are based on specific circumstances at the time they were produced. They are not typical and should not be seen as a standard outcome. Many variables – such as individual abilities, commitment, and market fluctuations – will influence your earnings.
Risk and Effort:
Success in any venture requires hard work, dedication, and consistent effort. While our content is designed to offer insights and strategies, we make no promises regarding the ease or speed with which you might achieve your goals. There is always a risk involved in business and entrepreneurial activities.
No Financial Advice:
The content on this site is not intended to serve as financial, investment, or business advice. We recommend that you perform your own due diligence and consult with a qualified professional before making any decisions based on the information provided here.
Past Performance Is Not Indicative of Future Results:
Any examples or case studies discussed represent past performance, which may not be indicative of future outcomes. Circumstances change, and what worked previously may not necessarily work in the future.

By using this website, you acknowledge and agree that any reliance on the information provided is at your own risk. We encourage you to take into account your own situation and do further research before embarking on any new business or investment venture.

Disclaimer:

This document is provided for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional to ensure that these Terms & Conditions meet all legal requirements and adequately protect your business interests under Australian law.

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Notes

Under no circumstances will emmersion be responsible or liable in any way for any content—including errors or omissions in the content—or for any loss or damage of any kind incurred as a result of content communicated on the emmersion website or on emmersion’s social media pages (Twitter, Facebook, YouTube, Live Stream, LinkedIn, etc.), whether provided 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.

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.

This agreement is 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, including any courts hearing appeals from those tribunals.

emmersion

We are not just obsessed with results. We are a results-driven business in a sea of cowboys, influencers, and gurus, offering brands a new way forward—a way to help retailers stay agile and top-of-mind in our fast-paced digital world.

Contact us
hello@emmersion.com.au

0493 191 577

450 St Kilda Road, Melbourne, 3004