Terms and conditions
The party: First local Search Pty Ltd includes and is not limited to the staff and the owner of the company.
All text and image content required for the project, except where specifically stated within this quote, should be provided in an accepted digital format to First Local Search Pty Ltd. When requested, or additional charges may apply. Ownership, Usage Rights, Copyright of the content provided by you to First Local Search Pty Ltd is entirely the responsibility of you and it is agreed that First Local Search Pty Ltd are not liable nor will be held accountable for any breach of copyright. The estimated duration to complete a monthly promotion is 28 days and it will begin once all the content material is supplied in the required format specified by First Local Search Pty Ltd.
Estimated Fees: All estimated fees, production charges and expenses apply once to the job description. The estimated is valid for 30 days. This quotation is estimated only and the final cost may be different. Any additional features required will incur further costs. Any further costs will be cleared with the client before works are undertaken.
Scope Changes: Any variation from the original scope of this quote and specifications document will be charged to the client. “Variations” are considered to be modifications or additions that are supplied after the sign off from the client. Changes to content, that have previously been accepted as correct by the client, will be charged additionally. The terms ‘page” describe a website page with content never longer that a standard A4.
Payment: Payment is to be directly debited from your chosen account. Copyright remains the property of First Local Search Pty Ltd until payment is made in full. Non-payment may result in retraction of any right to use copy written material. A debt collection agency may be used once an invoice is 7 days overdue, and any agency fees, legal costs, or other expenses incurred in collection of an outstanding account will be payable be the client.
The Client agrees not to cancel Direct Debit Authority unless and until it has paid to the Supplier in full all amounts due and payable to the Supplier under the Contract
If the Client orders goods and services in its capacity as trustee of a trust, the Client warrants that it has full power and authority to accept goods and/or services under the Contract for the benefit of the trust, warrants that its right of indemnity against the trust property in unrestricted and will not be adversely effected by the Contract, agrees that it will be bound by the Contract both personal and in its capacity as a trustee of trust, acknowledges that its liability for indebtedness incurred while a trustee will apply even if it ceases to be trustee of the trust for any reason; and acknowledges that its liability will not be limited to the assets of the trust.
Google Places Optimisation – Terms and Conditions
First Local Search Pty Ltd.com agrees to provide the Client with Google Places Optimisation services (hereinafter referred to as GPO). The Client agrees to pay First Local Search Pty Ltd.com fees as stated on the form “Scope of works” relating to the package and options selection by the Client. The activities of the GPO services provided by First Local Search Pty Ltd.com to the Client are based on the package and options selected by the Client.
First local Search Pty Ltd does not guarantee the results achieved by the GPO.
Web Leasing – Terms and Conditions
First Local Search Pty Ltd.com agrees to provide the Client with Web Leasing services (hereinafter referred to as WLS). The Client agrees to pay First Local Search Pty Ltd.com fees as stated on the form “Scope of works” relating to the package and options selection by the Client. The activities of the WLS services provided by First Local Search Pty Ltd.com to the Client are based on the package and options selected by the Client.
First local Search Pty Ltd allocates a project manager to implement the web site template changes. Website changes are made at the discretion of First Local Search Pty Ltd and may incur further charges. The website and domain remain the property of First Local Search Pty Ltd. There may be an option to buy the website and domain at the end of the contract.
For the purposes of providing the GPO & WLS services, the Client agrees to authorize First Local Search Pty Ltd.com to make use of the Client’s logo, trademarks, slogans, images, videos, audio clip and written resources. The Client confirms that all elements of text, graphics, photos, designs trademarks, or other network provided to First Local Search Pty Ltd.com for inclusion on the website above are owned by the Client, or that the Client has received permissions from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend First Local Search Pty Ltd.com and its subcontractors from any liability or suit arising from the use of such elements.
The Client acknowledges the following with respect to the GPO & WLS services provided by First Local Search Pty Ltd.com
First Local Search Pty Ltd.com has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s site may be excluded from any directory at any time at the sole discretion of the search engine or directory. First Local Search Pty Ltd.com will resubmit those pages that have been dropped from the index. Occasionally, search engines will drop listings for no apparent or predictable reason. Often listings will reappear without any additional submissions. First Local Search Pty Ltd.com will not be held responsible for any impact on the Client’s business that might occur as a result of exclusions for any directory or dropping off in listings on any search engine. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, First Local Search Pty Ltd does not guarantee ranking positions for any particular keywords, phrase or search items. Search engines vary in their timing taken to list submissions. Some search engines and directories may take from 24h to as long as 2 to 4 months and in some cases even longer to show the ranking or the keyword.
Keywords of phrases suggested by the Client, must be related to the website textual content. First Local Search Pty Ltd.com is not responsible for changes made to the web site or the overwriting of its GPO work, by other parties. These changes might adversely affect the search engine rankings of the Client’s web site.
Payment, billing and cancellation terms are as follows:
- All monthly payments are to be paid by direct debit to First Local Search Pty Ltd. First Local Search will stop any GPO activity and suspend WLS until full payment is made.
- If the Client defaults in making any payment to the Supplier in accordance with the Contract, the Client agrees to;
a) pay interest on the amount outstanding to the Supplier at the rate of 10% per annum from the date on which such default occurred until the balance outstanding is paid in full; and
b) on demand, reimburse the Supplier all reasonable debt collection fees and commissions, disbursement and legal costs (on an indemnity basis) incurred of payable by the Supplier as a direct or indirect consequence of such default.
- Invoices will be emailed on a monthly basis on request.
- Amounts shown on the form “Scope of works” are plus GST
- Cancellation of GPO & WLS work can be done at any time once the contract is complete. This subscription will automatically renew each year unless you cancel. To cancel the automatic renewal of this subscription, please email firstname.lastname@example.org
- Written cancellation can be sent in writing be email to: email@example.com
The obligations and liabilities for First Local Search Pty Ltd in regards to the provisions of this agreement shall be suspended if any event occurs that is beyond the control of First Local Search Pty Ltd and affects the ability of First Local Search Pty Ltd to perform its obligations.
The Supplier will not be liable to the Client for any loss or damage of any kind sustained by the Client as a consequence of any breach of the Supplier’s obligations pursuant to the Contract if failure to supply is caused by matters beyond the Supplier’s reasonable control including (without limitation) acts of God, acts of any government, war or other hostility, national or international disaster, the elements, fire, explosion, power failure, equipment failure, strikes, lockouts, inability to obtain necessary and any other force majeure occurrence
These terms & Conditions shall be governed by the laws in force in the State of Western Australia, and First Local Search Pty Ltd and the client hereto submit to the exclusive jurisdiction of the Courts of the State. For more terms and conditions, please contact First Local Search Pty Ltd.