Terms and Conditions
 

1. On-boarding Process

Acquiring Information about your business - We undertake an Assessment process to understand the position of your business in the current business market. This will come to you as requests to provide information in an online questionnaire, plus we may conduct a live workshop with you.

2. Campaign Management

a)       Designated Programme Manager - Your campaign will be run by one of our Campaign Managers, and you will receive regular communication to summarise the activity and opportunities generated.

b)       Regular Updates - Our Programme Manager regularly reviews the campaign and at times, will suggest actions we take to optimise the campaign to the best performance.

3. Campaign Timeframes and Termination

We commence with the Set-Up period, then Go-Live occurs which designates the campaign officially commencing activity in your market. When Go-Live commences, the campaign must run for a minimum of 3 months, and by engaging with Automation Traffic, you agree to this time period. After this initial 3 month Go-Live duration, a minimum of 30 days notice is require should you wish to terminate the campaign.

4. Indemnity

You agree to indemnify Automation Traffic against any loss, damage or expense of any nature suffered by any action or proceedings made against you, as a result of the failure to comply with online social account terms of service, obligations or warranties under the Agreement. Similarly, you agree to indemnify Automation Traffic for any loss or damage suffered by you through performance of service under this Agreement.

5. Fees

- Payment Of Services:   Customer will pay Fees in advance. In the event additional services are required which are not in scope within this Agreement, Customer and Provider will agree on any additional fees, if necessary. This includes variations to programme that are not expected or planned initially.  All Service Fees shall be payable in the current stated on The Agreement.

- Payment Timing and Taxes:  Customer will pay Fees and all applicable taxes in advance and on time. If full payment is not made the Provider will make all reasonable attempts to contact the Customer and seek payment. Costly resources are allocated to your campaign upon signing so any fees not paid within (1) one month of initial signing or within (1) one month of the invoice due date, will incur an additional 50% fee on top which will be collected.

- If no resolution is found, the Services might be suspended until all past due and current fees are paid.  

- In the event Debt Collection is required, Customer will be charged any and all Debt Collection fees.

 

5. Consumer Privacy

Customer acknowledges that the Service will request Personally Identifiable Information from Consumers and which describes information that may be deemed to be sensitive information by some Consumers.  Customer is required to comply with the privacy of the Consumer’s data and must abide by the Australian Privacy Act 1988.

Provider acknowledges that the access to Customer’s data and systems must be handled securely and confidentially. Provider is required to comply with the privacy of Customer’s data and must abide by the Australian Privacy Act 1988.

 

6. Provider Warranties & Disclaimers

Provider hereby represents and warrants that it has (a) qualified personnel, appropriate facilities and adequate resources in order to discharge the Services in a timely and efficient manner, and (b) the necessary experience required to perform the Services in a competent and professional manner.

Except as otherwise stated in this section, the Service is provided “as is”. Provider does not represent or warrant that the service is complete or free from error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in the service, whether such errors or omissions result from negligence, accident, or other cause.

 

7. General Provisions

Entire Agreement.  This Agreement constitutes the entire agreement between the parties, and supersedes any prior understanding or agreement, oral or written, relating to the Service.  Any alterations to this agreement must be in writing and signed by both parties.

Governing Law.  The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of New South Wales, Australia, applicable to agreements executed and to be performed solely within such State.  Any dispute arising hereunder shall be settled in a court of law in the State of New South Wales, Australia.

Uncontrollable Events.  No party shall be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond the reasonable control of such party.  The time for performance of any act delayed by such causes shall be postponed for a period equal to the delay; provided, however, that the party so affected shall give prompt notice to the other party of such delay.  The party so affected, however, shall use its best efforts to avoid or remove such causes of non-performance and to complete performance of the act delayed, whenever such causes are removed.

Assignment.  Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the prior written consent of Provider, which shall not be unreasonably withheld.  

8. Intellectual Property

The Intellectual Property of both parties will be kept private, stored securely and confidentially.  The contact data collected by Automation Traffic during the campaign remains with sole property of Automation Traffic except the designated sales opportunities (prospects) which are handed to you during the campaign. Any content from the Intellectual Property will only be used in the programme, where necessary and where relevant, and will not be disclosed to any other party.