Terms of Service

Terms of service

Terms of Service

Please read the relevant section of our terms.

If you have purchased one of our online training courses or membership the section titled:  “Training and Membership” will apply.

TRAINING AND MEMBERSHIP

The information contained in our training, including suggestions and techniques, is educational in nature and is provided only as general information.

You are responsible for your own actions in using, or failing to use, any information contained in our training. Any information is provided for your support. It is your choice what you do with that information.

Any stories or testimonials provided do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual using any of these techniques or suggestions for any particular issue. While all materials and links to other resources are posted in good faith, the accuracy, validity, effectiveness, completeness or usefulness of any information herein, as with any publication, cannot be guaranteed. Advisor Advance accepts no responsibility or liability whatsoever for the use or misuse of the information provided, including links to other resources.

By viewing this information you agree to fully release, indemnify and hold harmless, partners, my heirs, personal representatives, consultants, employees and assigns from any claim or liability whatsoever and for any damage or injury, personal, nancial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the information presented. If any court of law rules that any part of the Disclaimer is invalid, the Disclaimer stands as if those parts were struck out.

THE FOLLOWING TERMS RELATE TO ADDITIONAL SERVICES THAT MAY OFFERED FOR MARKETING, LANDING PAGES, SOFTWARE AND WEBSITE DEVELOPMENT.

PART 1: SUBSCRIPTION AGREEMENT

SERVICES/PRODUCTS MAY INCLUDE:

  • Digital Marketing Strategy 
  • Landing Pages
  • Paid Advertising Management (Google Adwords & Facebook)
  • Search Engine Optimisation
  • Content Strategy
  • Analytics & Reporting Dashboard

SOFTWARE & HOSTING INCLUDED:

  • Website Hosting for your website and/or landing pages
  • SSL Security Certificate
  • Email Marketing, Marketing Automation and CRM Software

TOTAL: Price as per website pricing page.

PAYMENT SCHEDULE:

Monthly subscription payments are payable on the same day each month and will commence immediately from the start date.

_______

You are about to enter into an agreement with Advisor Advance, a professional provider of Marketing Services for your company. Any reference to ‘we’, ‘us’, ‘our’ or my business means Advisor Advance. Any reference to ‘you’ or ‘your’ means you, our valued client.

These are the terms of our agreement with you:

 

  1. WHAT WE DO

We will provide the products and services set out in the schedule above. We use a schedule right up front so the information is clear and easy for all of us to find quickly. We need you to provide any information set out in the schedule before we can complete the work.

Advisor Advance incurs significant and disproportionate costs during the first few months of a website and platform development subscription agreement. Therefore, it is necessary to apply certain terms and conditions to our agreement that ensure a profitable business relationship between our businesses.

Our subscription model makes it affordable for businesses to create a website without a large upfront investment by engaging with a traditional website development company.  The website or landing pages developed are not able to be transferred to another hosting provider.  You can transfer the domain name at any time and then create a new website with another provider.  All text on the website can be exported and used on another website. There are no termination costs.

 

  1. VARIATIONS

When we offer a service, our objective is to provide you with measurable results and the best value for money. The online world is changing all the time. If we think something that we had offered to do is no longer effective, or no longer available, or there is something that we consider to be even better than what we first offered, we may choose to change parts of the service offered to you.

If we change parts of the service we will let you know. There will be no extra cost to you and no reduction in the price of the service. If you choose not to use one or more features of a service, the price remains the same.

 

  1. VARIABLE SOFTWARE COSTS

There are some variable costs associated with the usage of some software.

Website hosting variable costs:

Our website hosting includes 10,000 visits per month and 5GB of storage. This is more than enough for 99% of Advisor websites. If you have a high traffic website we can provide a custom costing for you. As an example, up to 100,000 visits per month would be $100 extra per month.

 

  1. HOW LONG WILL IT TAKE?

We aim to deliver the landing pages/website you have requested within 14 days of you signing up and the integration of your CRM, Email Marketing and Marketing Automation 7 days after the completion of your website. Naturally, if we are waiting on you to give us specific information, those time frames will be affected and we will need to revise the due date.

If something happens that is beyond our control and it is going to delay the time of delivery of the services, we will let you know straight away and tell you our revised due date.

 

  1. WHAT SPECIFICALLY IS EXCLUDED?

Software Excluded: All software costs included in our services have been listed in the “Software included” section of the schedule. All other software costs are excluded and you will need to purchase them separately. Extra software that you may wish to purchase in implementing our strategies include Gotowebinar or Everwebinar (Webinar software has not been included) and scheduling software to help manage your appointments (Calendly or Schedule Once).

Email Services: The landing page/website hosting does not include your general individual staff email services. You will need to keep your existing email hosting or we recommend setting up Google’s GSuite. GSuite includes Gmail (email), Docs, Drive (online/cloud storage) and Calendar.  Alternatively, you may like to look at Microsoft Office 365.

Logo Design: We do not design logos. We will amend your logo size to t with your website. But if you require a completely new logo you will need to hire a graphic designer.

Photography: We recommend that you get a professional photographer to take staff photos and head shots. You will need to organise and pay for this yourself.

Stock Photos: If you require stock photos you will need to purchase these separately. 

Offline Graphic Design: We do not provide services to design business cards, brochures, folders etc.

Advertising Spend: If we provide you with advertising services in regards to the setup and ongoing management of your ad accounts with Google and/or Facebook. You will pay for the cost/advertising spend of the ads separately. Once we have setup your ad accounts we will get you to add your own credit card details to the account with Google or Facebook.

 

  1. TRAINING AND MEMBERSHIP

The information contained in our training, including suggestions and techniques, is educational in nature and is provided only as general information.

You are responsible for your own actions in using, or failing to use, any information contained in our training. Any information is provided for your support. It is your choice what you do with that information.

Any stories or testimonials provided do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual using any of these techniques or suggestions for any particular issue. While all materials and links to other resources are posted in good faith, the accuracy, validity, effectiveness, completeness or usefulness of any information herein, as with any publication, cannot be guaranteed. Advisor Advance accepts no responsibility or liability whatsoever for the use or misuse of the information provided, including links to other resources.

By viewing this information you agree to fully release, indemnify and hold harmless, partners, my heirs, personal representatives, consultants, employees and assigns from any claim or liability whatsoever and for any damage or injury, personal, nancial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the information presented. If any court of law rules that any part of the Disclaimer is invalid, the Disclaimer stands as if those parts were struck out.

 

  1. HOW MUCH, AND HOW DO YOU PAY?

This is a subscription agreement.  The terms and conditions associated with this subscription agreement are as follows:

  • Advisor Advance will charge a monthly fee at the plan level you selected plus relevant taxes in your location (ie. GST, VAT, Sales Tax etc.).
  • Payment is due at the same time each month from the day we start.
  • If payment is not made, work will cease on your account.  Your hosting and software access will be suspended.
  • The agreement may be terminated by you for any reason and without cause. Fourteen (14) days’ written notice is required to terminate the agreement. You can simply submit a support request to terminate.

During the course of the engagement, additional expenses may be required if you request work outside the scope. Any additional expenses will be presented to and approved by the client prior to incurring such expenses. The client will reimburse approved out-of-pocket expenses incurred by Advisor Advance on the client’s behalf within 14 days of billing by credit card or bank transfer.

 

  1. INTELLECTUAL PROPERTY – TRADEMARK, COPYRIGHT ETC.

You warrant that you have all necessary rights to use all information and materials you provide to us to help us provide the services. You agree to indemnify us from any liability (including fees and costs), threatened or actual, arising from the use of information and materials provided by you.

You agree that all intellectual property rights in the written works, materials and processes used to provide the services to you as well as any associated training, are our intellectual property. We agree that you can use those materials and processes to make best use of the services we provide to you, but you have no authority to use those materials or processes for any other purpose, including for commercial purposes or giving them away to others.

The intellectual property rights in all graphic works developed for you and published via your website or mobile application as part of the provision of services to you, will belong to you as soon as created.

If you enter into an agreement with a third party as a result of our recommendation, it is your responsibility to negotiate and secure your own rights for work provided.

We warrant that we have all necessary rights to use the materials necessary to provide the services to you. We agree to indemnify you from any liability (including fees and costs), threatened or actual, arising from the use of any materials created by us and used in provision of the services to you, including publication on your website or app.

 

  1. OUR RESPONSIBILITIES

We will provide the services in a professional and competent manner. We will communicate our progress to you regularly.

We will make sure you have a copy of all the information you need to make use of the services provided.

 

  1. YOUR RESPONSIBILITIES

You will provide information and materials to us and respond to our requests promptly.

You will cooperate with us so that we can complete the services in a timely and efficient manner.

You will indemnify us completely from any actions, including legal costs, arising as a result of or in relation to providing the services to you.

 

  1. LIMITATION OF LIABILITY

The services we provide rely upon the continued operation of online facilities that we use. We will not be liable for any third party failures affecting the provision of our services.

You acknowledge that third party search engines may change their policies and systems at any time. We will do our best to accommodate those changes promptly but cannot be held liable for fluctuations, alterations or removal of your listing as a result of the actions of a third party which are out of our control.

We make no guarantees about any improvement you may gain as a result of our services or any increase in business that may be generated for you through our services.

You agree that the total aggregate liability to us for any claim by you in respect of any service of services provided to you is limited to the total amount paid by you, to us for that service. As an alternative, we can elect to provide the same service of services to you again.

This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.

 

  1. GENERAL TERMS

Confidentiality – Some of the information that you provide to us will be information that is clearly important and confidential to your business. We will only use that information to provide services to you and will not share it. Other information you provide will be for publication as part of the service we provide to you, and that information will not be kept confidential. Our contracts and business methods are confidential to our business and we request that you keep them confidential.

Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. If you provide us with a testimonial or referral, your name, job title and business may be published.

Recommendations – if we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers. You are still required to do all due diligence to protect your company, staff and your own legal rights.

Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.

Amendment – These terms can only be amended by agreement in writing between the parties.

Assignment – You can nominate another person or company to receive the service that you have paid for simply by giving written notice to us. You cannot assign part of a service, only a complete service. We cannot assign our obligations to provide the services you have requested.

No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.

Governing law – This agreement is governed by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if it ever came to it that there was such a serious dispute between you and us.

Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.

Enforceability – Even if you don’t sign this agreement, if you purchase our services and we provide those services to you, you agree to these terms.

Entire agreement – Whatever ends up in this document is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it is included here.

Please read this agreement completely to ensure you understand the terms of this agreement.

 

PART 2: LANDING PAGE/WEBSITE AGREEMENT

Our Commitment to you:

i) We respect our CLIENT’s confidentiality (Item 7).

ii) If the CLIENT determines that the website does not comply with the project components agreed to in this document, My Business agrees to carry out any necessary and reasonable modifications without extra charge (Item 19).

iii) If the CLIENT is not happy with our service, the CLIENT is free to move their domain name, to another service provider (Item 20.1).

Introduction

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the first payment date.

All services that My Business may be contracted to produce or provide for your business (referred to as CLIENT) will be subject to the following:

Definitions

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

“Content” means all materials, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.

“Deliverables” means the services and work product specified to be delivered by My Business to the Client.

“Services” means all services and the work product to be provided to Client by My Business as described and otherwise further defined on the services page.

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

“Open Source Software” means computer software that is available in source code form for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software.

“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.

 

General Terms

  1. AUTHORISATION

The CLIENT authorises My Business to perform the services outlined in this agreement on the CLIENT’S’ behalf, which may include, but is not limited to, accessing their hosting account and disk space, creating databases and applications, and submitting the project to search engines.

 

  1. AGREEMENT SCOPE AND PERIOD

Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.

 

  1. COSTS AND FEES

Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, colour printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemised on each invoice. Expenses are subject to relevant taxes.

 

  1. PRODUCTION SCHEDULES

Production schedules will be established and adhered to by both the CLIENT and My Business. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays, if the delays result in an increase in time to manage or deliver the services.

 

  1. OVERTIME

Estimates are based on a reasonable time schedule, and may be revised to take into consideration the CLIENT’s requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate. Overtime is defined as between 6.00pm – 9.00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.

 

  1. PAYMENT

6.1 The CLIENT agrees to pay My Business in accordance with the terms specified in the “Subscription Agreement” or each proposal/estimate.

6.2 If the CLIENT fails to pay any invoice, My Business reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.

 

  1. CONFIDENTIALITY

My Business will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT.

This obligation of confidence will cease to apply in relation to information that My Business is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by My Business of its obligations of confidence under this Agreement.

 

  1. SUBCONTRACTORS

My Business reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

 

  1. PROMOTION

My Business is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that My Business reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of My Business services. The CLIENT agrees to allow My Business to retain a credit and link from the footer of the website.

 

  1. COPYRIGHT

The CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials My Business uses for this project. The CLIENT indemnifies My Business against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

 

  1. PROJECT COPYRIGHT

11.1 After acceptance of the website, My Business agrees to assign perpetual use of any materials produced by My Business as outlined in this agreement to the CLIENT including usage rights to unique graphics as long as the website is part of the Advisor Advance Platform and is hosted with us.

11.2 My Business reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this agreement unless specified.

11.3 My Business reserves all rights to licence (open source) and release all software code including website templates, theme and structural design developed under this agreement.

 

  1. OPEN SOURCE SOFTWARE

12.1 My Business makes extensive use of open source software and components to supply websites and services to the CLIENT. My Business will not charge additional licencing fees on open source software.

12.2 The CLIENT indemnifies My Business against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.

12.3 All software and components not developed by My Business retain the original licence and terms associated with them. My Business cannot assign any rights to the CLIENT and the CLIENT agrees to be bound by the original Author’s terms.

 

  1. FORCE MAJEURE

My Business shall not be deemed in breach of this Agreement if My Business is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of My Business or any local, state, federal, national or international law, governmental order or regulation or any other event beyond My Business’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, My Business shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

 

  1. LIMITATION OF LIABILITY

The services and the work product of My Business are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“My Business parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement.

In no event shall My Business be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by My Business even if My Business has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

 

  1. DOMAIN NAMES

15.1 All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules. The CLIENT manages their domain(s) and payment of fees.

15.2 The CLIENT indemnifies My Business against any loss or damage arising directly or indirectly from any failure of services provided by the REGISTRAR.

 

  1. HOSTING

My Business is responsible for support relating to hosting matters. My Business will not charge for costs incurred and supporting the CLIENT with hosting related issues.

 

  1. BROWSER VARIANCE

Our landing pages/websites are optimised for XHTML compliant browsers and adjusted to support Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers. Websites are tested on:

  • Internet Explorer versions 10 and 11 (PC)
  • Latest version of Firefox (Mac)
  • Latest version of Safari (Mac)
  • Latest version of Chrome (Mac)

My Business will test and optimise for additional browsers and versions if requested by the CLIENT before commencement of the project.

 

  1. COLOURS

Website visitors use different monitors with different settings. Colours and image quality of the website including graphics and photography will shift between computers and monitors.

 

  1. TESTING AND ACCEPTANCE OF THE WEBSITE

Once the project has, in the opinion of My Business been completed, My Business will notify the CLIENT either verbally or in writing, and provide the CLIENT with an opportunity to test and review the website. If the CLIENT determines that the website does not comply with the Project Components agreed to in this document, My Business agrees to carry out any necessary and reasonable modifications without extra charge.

 

  1. WEBSITE, DATA AND SECURITY

20.1 Upon the end of the “Subscription Agreement”, The CLIENT is free to transfer their domain name to another service provider. My Business will take all reasonable actions to transfer the CLIENT’S domain name to a new registrar if required. The website, website structure, tools and theme is proprietary to the Advisor Advance system and will not be transferred to another hosting provider.

20.2 If The CLIENT transfers their domain hosting to another provider, The CLIENT is responsible for Ongoing Management of the website and indemnifies My Business against any loss or damage arising directly or indirectly from website downtime or security breaches.

 

  1. CLIENT RESPONSIBILITIES

If the CLIENT or an agent of The CLIENT other than My Business attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in this agreement. All website amendments are covered in the “Subscription Agreement” so all technical changes should be sent through to support to be actioned.

 

  1. ERRORS AND OMISSIONS

It is My Business’s responsibility to check carefully for accuracy in all respects, ranging from spelling to technical illustrations. However My Business is not liable for errors or omissions. The CLIENT indemnifies My Business against any loss or damage arising directly or indirectly from any errors and omissions.

 

  1. REVISIONS

My Business will provide as many rounds of revisions of content required after the submission of the content, before the website is completed.

 

  1. COPY

All text must be supplied in digital format (TXT, RTF, HTML, MS Word, Google Docs, Pages).

 

  1. IMAGES

Graphics and photographs are to be supplied in digital format to My Business.

 

  1. BRANDING

All logos and branding must be provided in an industry standard vector format (preferences are: EPS, PDF, Illustrator).

 

SCHEDULE

Schedule 1 – Landing Page/Website Agreement

Costs and Fees

LANDING PAGE/WEBSITE DEVELOPMENT:

Strategy and planning:

Project Management:

Installation and configuration:

Content management and production:

Cost as per monthly “Subscription Agreement”

 

LANDING PAGE/WEBSITE HOSTING:

Regular Website Backups

Security Certificate

Maintenance of Website Files and Associated Plugins

Security Monitoring

Cost as per monthly “Subscription Agreement”

 

Schedule 2 – Website Agreement

Time Frames

Project Start Date: On Payment Date

Additional Content Due Date: Within 2 weeks

Draft Landing Page/Website Due: 2 weeks

Revisions Due: 3 weeks

Landing Page/Website goes live: 4 weeks or sooner.

Subscription Agreement & Website Agreement

  1. Please read the agreements to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship.
  2. If you have any questions at all, please let us know. We’re happy to clarify any points and there may be some items that we can sort out together. We’re committed to finding the best way to work together.
  3. Once you are ready to move forward, please proceed to the payment options.
  4. Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps and get the project rolling.
  5. If you’d like to speak to us by phone, don’t hesitate to call.