Digital Marketing Service Terms and Conditions

Company Details

Terms and Conditions

By signing this agreement, you agree to the terms and conditions of use (the “Terms of Use”) set forth below by Move Ahead Media (“Move Ahead Media Co., Ltd”, “Move Ahead Media Pty Ltd. “, “MAM”, “We” or “The Company”)

Contract Types:

• SEO – Search Engine Optimisation.
• SEM – Search Engine Marketing (includes but is not limited to platforms such as Google, Bing, Yandex)
• SMM – Social Media Marketing (includes but is not limited to platforms such as Meta, LinkedIn, X).

Search Engine Optimisation

SEO – Month 1

• You agree that Move Ahead Media will begin the SEO onsite report once the agreement has been signed and received by MAM.
• Move Ahead Media will issue an invoice for your website’s onsite report on the day of the contract being signed and returned. This invoice is due within 7 business days.
• If the payment is not made within 7 business days, Move Ahead Media will stop working on the onsite report until the payment is received.
• The onsite report will be completed by MAM within 21 business days of the contract being signed and payment received. A delay in either payment or contract signing will result in a commensurate delay in delivering the report.
• The Implementation service for SEO would be as per the limitation checklist result.
• Work delivered or partially completed prior to a suspension or termination shall be deemed billable in its entirety for that month.

SEO – Monthly Contract

• Monthly invoices are issued in the first week of each month and are due on the 15th day of the same month.
• After the onsite report is delivered, services for the remainder of the month will be invoiced pro rata on the next billing cycle.
• All invoices are sent through XERO accounting software and will be issued to the email address provided.
  Each month, SEO work will be scheduled with the relevant department within MAM.
  SEO work will be implemented and delivered only when payment is made. Work will not be carried out or implemented in advance of payment. Monthly work will be reported on within 21 business days of payment being received by MAM.
• If payment has not been received and your overdue invoice amounts are in arrears, we have the right to remove, undo or revert any changes made to SEO work at our sole discretion.
• Work delivered or partially completed prior to a suspension or termination shall be deemed billable in its entirety for that month.

Search Engine Marketing / Social Media Marketing

SEM/SMM – Month 1

• You agree that Move Ahead Media will begin the PPC setup work once the agreement has been signed and received by MAM.
• Move Ahead Media will issue an invoice for your campaign setup on the day of the contract being signed and returned. This invoice is due within 7 business days.
• If the first payment is not made within 7 business days, Move Ahead Media will stop work on the campaign setup until the payment is received.
• The campaign setup will take a maximum of 21 business days from the date of the contract being signed and payment received by MAM. A delay in either payment or contract signing will result in a commensurate delay in delivering the campaign setup.
• Work delivered or partially completed prior to a suspension or termination shall be deemed billable in its entirety for that month.

SEM/SMM – Monthly

• Monthly Management fees are issued for that month in the first week of the month and are due by the 15th day of the same month.
• After the setup, management for the remainder of the month will be invoiced pro rata on the next billing cycle.
• All invoices are sent through XERO accounting software and will be issued to the email address provided.
• Invoices that are more than 1 month overdue must be paid in full up to and including the current month, or the campaigns will be paused until full payment is made.
• Work delivered or partially completed prior to a suspension or termination shall be deemed billable in its entirety for that month.

Overdue Invoices

• Invoices are considered “overdue” when they are not paid in full by the invoice due date. If you have two (2) overdue invoices, services will be suspended until both are paid in full.
• To resume services after suspension, you must pay: (i) all overdue invoices; (ii) a service resumption surcharge of AUD $500; and (iii) pay two (2) months of service fees in advance.

Administrative Fee

• A 3% surcharge or administrative fee will be added to the Ad Spend if you, the client, choose to use Move Ahead Media’s credit card or credit line. Any remaining balance or spend at the end of the contract will be absorbed by Move Ahead Media.

Minimum Contract Length

• All MAM contracts are for a minimum fixed term of 12 (twelve) months unless otherwise stated in writing.

Auto-Renewal

• Upon completing the initial 12-month term, this agreement shall automatically renew for successive three-month terms unless written notice of termination is provided at least 30 days prior to the renewal date.
• Notice must be sent to the Key Account Manager and CC’d to clientcare@moveaheadmedia.com

Conditional Discounts and Early Termination

• All discounts and value-added services provided under this Agreement are contingent upon the Client fulfilling the entire contract term as agreed. In the event of early termination by the Client prior to the expiration of the agreed term, any such discounts or value-added services shall be deemed null and void. The Client shall be liable for the full value of any services rendered, based on standard, non-discounted contract rates. Additionally, the Client shall be subject to an early termination fee, which shall be based on the total contract value without regard to any discounts or value-added services applied.

Cancellations and Termination

• If you cancel before the end of the 12-month contract term, you agree to pay all outstanding invoices, plus a termination fee equal to the lesser of the remaining contract value or 50% of the remaining monthly fees, based on the full contract value before discounts. This clause is without prejudice to MAM’s right to recover the value of any conditional discounts or added services, as set out in this Agreement.
• Cancellation after the term requires at least 30 days’ written notice. Failure to provide a timely notice will result in automatic renewal for the next quarter.
• Any cancellation request must be emailed to your Key Account Manager and CC’d to clientcare@moveaheadmedia.com
• MAM may terminate this agreement in its sole discretion with written notice if you are in material breach, including but not limited to non-payment. Any prepaid fees are non-refundable.
• Termination for breach does not release the Client from their obligation to pay any unpaid invoices or, if applicable, early termination fees as set out in this Agreement.

Addendums

• External Plugins with a cost will, with agreement, be charged directly to the Client.
• Website recommendations that are necessary for the campaigns that include additional services, e.g. Content, will be quoted as a separate service.
• If a Client’s account is disabled/disapproved by Google/Meta – MAM will continue invoicing for a 30-day rectification period if a third-party platform (e.g. Google, Meta) suspends your account.
• If the issue remains unresolved after 30 days, MAM may suspend billing at its sole discretion.
• MAM shall not be liable for campaign interruptions or losses due to platform suspensions.
• In the event of a dispute, the prevailing party shall be entitled to recover actual and documented legal costs, including reasonable attorney’s fees, court costs, 3 rd -party consultant fees, and other enforcement-related expenses. Alternatively, MAM may apply a fixed legal fee contribution of AUD $750 or 10% of the disputed amount, whichever is higher.

Force Majeure

• MAM shall not be liable for any delay or failure caused by circumstances beyond its control, including but not limited to natural disasters, platform outages, government restrictions, or Cyberattacks.

Deliverables Ownership

• All campaign materials, reports, and creative assets remain the intellectual property of MAM until all invoices are paid in full.
• Upon full payment, the Client receives a non-exclusive, non-transferable license to use the Materials.

Privacy Policy

• You agree to the terms of MAM’s Privacy Policy, available on its website. This policy is incorporated into this Agreement by reference. MAM may process personal data in accordance with applicable data protection laws.

Third Party Rights

• A person who is not a party to the Contract shall not have any rights under or in connection with it.

Variation

• Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by authorised representatives of Move Ahead Media and the Customer.

Governing Law and Jurisdiction

• The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law and the parties irrevocably submit to the exclusive jurisdiction governed by the laws of the Commonwealth of Australia and the State/Territory of [NSW/VIC/etc.]

Updating of Terms and Conditions of Business

• MAM reserves the right from time to time to update and alter these terms and conditions of business as is necessary for good working practice and to comply with any changes in legislation. The Customer may or may not be notified of the updates each time, but hereby agrees to comply with these terms as well as all updated terms and conditions of business implemented by Move Ahead Media in the future.