T&C’s

A. Meanings & Abbreviations:

In this Agreement the following words have their corresponding meanings:-

Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).

Social Media/Social Media Advertising means Facebook and Facebook Ads and Post Boosts, except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Facebook Social Media Marketing in addition to (or in substitution of) Facebook.

I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.

We means Social Matters ABN 12 464 155 356

1. The Initial Set Up Fee is payable in full before the setup of your Social Media accounts will begin.

2. The weekly Management Fee for your Social Media Marketing account will be charged on the day of set up. The Management Fee will be charged weekly in advance.

3. Social Matters will automatically debit your supplied credit card weekly for the weekly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.

4. Social Matters reserves the right to not set up your Social Media account. At which time you will receive a full refund of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.

5. Social Matters reserves the right to stop managing your Social Media account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Social Matters weekly management fee will stop at the end the first week after the termination date.

6. If you wish to suspend or cancel your Social Matters management of your Social Media accounts at any time then please let us know by phone or email. We will then book a meeting (in person or by phone) with you and one of our managers to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your Social Matters weekly management fee will stop on the earlier of:-

  (a) 7 days after our meeting with you; or

  (b) 14 days after the date you called or emailed to suspend or cancel.

Please note that if you wish to suspend your Social Matters management of your Social Media accounts then your Social Media advertising must also be suspended (which we will arrange).

7. Upon cancelling Social Matters management, all amounts owing to Social Matters will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.

8. All payments in this Agreement are Australian dollars and are GST exclusive.

9. Social Matters reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.

C. General Advertising Terms & Conditions

This is not a fixed-term contract with Social Matters, however whilst Social Matters are managing your Social Media Advertising account the following terms and conditions apply:-

10. By entering this Agreement with Social Matters you give us permission to access your Social Media Advertising account for the purposes of optimisation and management of your online business.

11. Social Matters will endeavour to set up your Advertising accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.

12. If we request more information from you for the setup of your new or existing account, Social Matters will not be held responsible for any delay arising from the need for further information.

13. To allow us to finalise strategies started and ensure your account is not negatively affected by “half finished” optimisation techniques, we require 1-weeks notice to cancel management and billing. We would appreciate the opportunity to discuss your concerns at this time.

14. Social Matters management (with Social Matters management fees) is a separate service from the advertising fees that Social Media Advertising will charge you. Cancellation of your management does not automatically stop your Social Media Advertising from running and incurring Social Media Advertising fees. Social Matters will not be liable for any amounts that Social Media Advertising charges you following the cancellation of your management with Social Matters. If you wish to cease advertising online at the same time that you cancel your Social Matters management, please notify your Campaign Manager in writing so that we can cancel your Social Media Advertising online advertising as well. Alternatively, you may choose to directly access your own Social Media Advertising account to arrange cancellation.

15. For clarity, please note that:-

  (a) Social Matters is not Facebook, Instagram, LinkedIn or any other Social Media platform;

  (d) Your Advertising account/s remain your property. We will work on your Advertising account/s, but it/they remain Yours.

16. Social Matters will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Social Media Advertising/marketing. Unless specifically stated to the contrary in this Agreement, Social Matters do not guarantee any particular rate of return or performance of any online advertising on Social Media Advertising. We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Social Media Advertising account for your business and/or websites.

17. Social Matters is providing an internet marketing service for a competitive price. Social Matters is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-

  (a) Social Matters will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and

  (b) The maximum liability of Social Matters to you is the lesser of:-

  (i) the sum of Setup Fees and Management Fees you have paid to Social Matters; or

  (ii) the cost of re-supplying the online advertising services ; or

  (iii) the cost of rectifying the online advertising problem which has caused your loss.

18. By agreeing to these Terms and Conditions you also agree to allow Social Matters to refer to you as a client and to use your business name/s and logo/s in our promotional material at the sole discretion of Social Matters. This may include but is not limited to a display on our website, promotional banners and pamphlets.

19. These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

20. These Terms and Conditions can be modified at any time by Social Matters. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website - we will not separately notify you of these changes.

21. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

22. You warrant to Us that you will use the services provided by Social Matters under this Agreement for business purposes (and not predominantly personal, domestic or household use).

23. To the extent that Copyright subsists in any text that We create for Your Advertising account/s pursuant to this Agreement; We assign copyright in such text to You. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.