Terms and Conditions
Thanks for taking the time to consider working with Chat Response We’re about to embark on a business journey together that involves trust and clear communication. We can enjoy both of these things much better if we both understand our roles, responsibilities and obligations to each other.
PLEASE NOTE: By indicating you want to work with Chat Response and paying your deposit, you are also stating that you have taken the time to read and agree to the terms and conditions of our working arrangement.
GENERAL AGREEMENT TERMS AND CONDITION
1) PAID DISCOVERY SESSION
1.1 All clients engage Chat Response go through a paid discovery session. This involves discussing your business and your project needs via Skype, on the phone or in person for an hour or more. This session is booked in at an agreed time before we discuss the specific details around your business and your project.
1.2 During the booking process you will be asked for your business name, contact details and ABN to use for our invoicing system. The session costs $399AUD and must be paid before the session is scheduled. No payment or evidence of payment receipt, may result in the meeting being postponed until payment is received.
1.3 During the session, we will ask you the particulars of your project and any clarifying questions we need to better deliver a final product for you. We may record our briefing session by taking notes and in some cases, audio. This is done to ensure we know from the get-go what you need.
1.4 We will be given access to your existing online presence. During the meeting, you will be asked to supply your existing Facebook and Instagram accounts, the URL to your website and/or any other pertinent documentation so that an informed proposal can be assembled for your project. We keep all this information confidential. It is used to ensure we can get a feel for your needs and make the appropriate recommendations in the final discovery session document.
1.5 We aim to cover the following areas during the discovery session.
– Your experience with ads and their results
– Who you’re wanting to target with your ads
– Current source of sales, leads and income for the business
– The value of attaining a customer
– What creative you have available for advertising
1.6 We will discuss the budget during the session as well. So please have an informed range on what your business can afford so we can quote accordingly based on your needs. We keep any financial discussions completely confidential and they help us to recommend the most suitable solution for you. We like to use the analogy of a sailboat or a cruise liner. Both will be comfortable on the ocean, but they both vary greatly in costs and timelines to produce.
1.7 Following the session, We will produce a strategy document within seven (7) days. If We don’t think this timeline can be met, We will inform you during the session and an adjusted timeline will be agreed upon. This document will cover:
– The goals of the advertising campaign
– Who to target, audience sizes and the use of existing audience data
– A Facebook funnel diagram outlining the flow of advertisements and tactics used
– An outline on creative needed at each stage of the funnel
1.8 You have seven (7) days following being supplied the final document to review and provide feedback. Within this period, you can discuss if the document didn’t meet your expectations and to you request a refund. If it’s decided that the document did indeed, not provide you with the information necessary, then
1. Ideally we can adjust the document to meet those expectations and supply it to you again.
2. Failing option 1, a refund will be provided minus any fees charged by financial institutions to return the money to you.
Requests outside of this period will not be considered. The amount of the paid discovery session can be used to contribute towards extra services outlined in the proposal and quotation supplied at the time of the discovery document (see section 2.)
2) PROPOSALS AND QUOTATIONS
2.1 Quotations are based on the scope of the work given during our paid discovery session. When we give you a quote, it is usually in the form of a proposal that outlines your project’s background, what you need help with, what our approach to the project is and a quotation based on the elements within that proposal. It includes a breakdown of what we will do. Your quotation is valid for 30 days from the date noted on the proposal.
2.2 You need to read the quotation proposal. We know that sounds obvious, but we need to make that clear. Your proposal acts as the scope of the work and is a living, breathing document we work from.
2.3 Scope creep and on-the-fly changes cost extra money. As each proposal and its quotation is created after careful consideration of your project’s needs, modifications, changes and/or additions to the original scope will cost you extra. In the instances where additions, modifications and changes apply, you will be notified via email of the cost and work required to support your changes. In order for the changes to take place, you need to respond to the affirmative in writing.
2.4 We only accept approval of quotes and proposals in writing. You need to accept the proposal in the software it was provided in, or email me back to state the project is approved. We do not accept verbal confirmation on phone or in person under any circumstances.
2.5 The prices we quote are done so with both our budgets in mind. So please don’t offend us by asking for discounts and we won’t offend you by treating you like some kind of atm machine. We’re helpful, reasonable and open to feedback. But we’re confident in our knowledge and abilities across Facebook and Instagram advertising, so we charge appropriately.
3.1 We will supply you an invoice together with appropriate payment details for your project. You will pay via the payment details outline on the invoice.
3.2 For projects that require a setup fee, we require the payment to be made for the project to commence. We won’t action tasks, requests or plan until the payment is received.
3.3 In the case of an early cancellation of a project, you’ll need to pay for the work completed plus the 50% of the any agreement that remains. We schedule work ahead of time and only work with a limited number of clients, so cancellations means we need to work harder and leaves a gap that we need to fill with other clients. We’d prefer to discuss solutions to help rather than having to enforce a cancellation clause.
3.4 For retainers, we’ll be making a minimum 3 month commitment to each other based on the agreed monthly rate outlined in your proposal. These are billed monthly and payable within 14 days.
3.5 By accepting the proposal and engaging our services, you accept responsibility for any invoice that remains unpaid for more than 15 days. This responsibility includes paying 10% interest on your overdue account from the 15th day through to the 29th day. For accounts more than 30 days in arrears, a 20% invoice late fee will be charged.
3.6 Any costs associated to the project (e.g. couriers, other media, travel, purchases you request we make to help support your work, online fees, software etc) are to be paid directly by you. We will send through the costs and invoices to you to make payment. That way, you can keep track of what you spend on outside costs and have the appropriate records for your tax.
3.7 Advertising costs are not included in your proposal quotation; all charges are to be paid by you directly to the advertising platform.
4) MANAGING YOUR ADVERTISING ACCOUNTS
4.1 We expect you to be a responsible business person with your financials in order. You will be required to enter a payment method for your advertising account. This payment method is according to the platform’s term of service and payment options available. We will not be held liable for any fees incurred as a result of payment to the platform.
4.2 We recommend supplying a backup payment method as well. In the event that a payment to the platform is rejected, you have 48 hours to rectify the payment or risk the performance of your ads going forward. If we believe that failure to rectify payments to the platform has impacted your ad account performance, we reserve the right to charge an extra 10% on your project fee to cover the extra hours required to return your account to a position of good standing with the platform. We will, of course, notify you of this extra charge before we take that action and your agreement will need to be provided in writing.
4.3 If at any time you wish to pause your ads from running. You need to give us at least 14 days notice in writing. You can pause your ads for a maximum of 30 days. During the pause, your fees will be 50% of the total project or that month’s fee on a pro-rata basis. EG Your total monthly invoice is $1,500 and your pause your ads for 20 days of the 30 day month. $1500/30 = $50 per day. 20 days x $50 / 50% = $500. 10 days x $50 = $500. Total invoice = $1,000
4.4 During the discovery session, we discuss community management of ads and who will be managing it. If you require our services to help with this, we will include this in the proposal provided. If you fail to meet the following community management standards, we reserve the right to charge an extra 10% on your project fee to cover the extra hours required to return your account to a position of good standing with the platform:
– Comments on posts that require a reply – answered within 48 hours
– Messages directly to the account – answered within 24 hours
5) COPYRIGHT, INTELLECTUAL PROPERTY AND PRIVACY
5.1 Until you pay your invoices for work completed, the copyright and IP remains with Chat Response. Once you pay the invoice, the work we have produced is yours.
5.2 We promise not to share your business intelligence, marketing ideas, results or anything prepared and discussed with a competitor.
5.3 We promise not to work with anyone who is your direct competitor while we work with you. We both know that with each client, we acquire experience and knowledge in your industry that may prove useful with other work down the track. However, this will be knowledge of the industry, not specifically of your business, that will be informing future projects.
5.4 We like to showcase the amazing results we’ve got our clients and help promote your business. We openly share your business and/or product by writing case studies for our website and help you reach more people by leveraging our following and advertising campaigns. If you prefer we didn’t do this by not directly naming your business, please let us know or provide us with an NDA if you would prefer to make it legal.
5.5 You are responsible for securing your trademarks, IP and making sure you aren’t copying someone else’s idea accidentally or intentionally. Your business registration and not infringing on someone else’s lawful property is your responsibility.
5.6 If someone does try to sue you due to breaches of IP or associated problems, you agree to indemnify Chat Response and it’s employees from all legal fees, claims, costs and expenses. We will also promise not to do anything intentionally that could be considered campaign theft or repurposing.
- Complying with the relevant laws in your jurisdiction and any applicable laws that impact on the privacy of your customers.
- Using compliant data processors in your business.
- Taking steps to store and use the data of your customers according to the regulations you need to comply with.
Put simply. We won’t be held liable for breaches of customer data and privacy concerns relating to your business. Our services we provide comply with laws and regulations around the world, including the GDPR and the Australian Privacy Act.
6) WORK TIMELINES AND EXPECTATIONS
6.1 Timelines are laid out upfront. We schedule your project in and let you know when the work will begin and when you should expect your finished project to be provided to you. You in turn need to make a commitment to provide us the info we need to start your project, turn around your feedback and give approval in a timely manner.
6.2 We know that things can happen. So if either of us finds that the timeline is unachievable due to equipment and power failure, personal injury, death in the family, political unrest or unforeseeable circumstances, both parties need to be reasonable enough to understand that the timelines will be affected.
6.3 We plan our invoicing schedule based on the timelines outlined. Unless circumstances outline in 6.2 occur, this schedule will continue regardless of whether the project has been delivered.
6.4 You can expect a professional, hard-working, honest working experience with Chat Response. While we can’t make any guarantees about the success of your advertising campaigns, we do guarantee we will be professional, considerate of your time and budget, and that we will deliver a high quality experience that is geared towards getting the best results possible for your business.
6.5 Clients can contact Chat Response via email, communication system or project management system. Phone calls will be asked to be followed up with an email outlining the phone discussion. Contact outside of 9:00am – 6:00pm on weekdays and all weekend will be answered the next available business day.
6.6 Last minute changes or promotions will try to be managed, but most changes will be scheduled to take affect in 48 hours.
7) ENTIRE AGREEMENT
7.1 Chat Response will seek to renew the agreement before it concludes at the end of the period outlined. Any clauses or terms outlined outside of these dates will render them invalid. We prefer to work with our clients long term, so are happy to discuss extended agreements.
7.2 Chat Response accepts no liability for the consequences of any actions taken on the basis of or reliance on advice or information provided by Organik Digital, except to the extent that Organik Digital has been negligent. In no circumstance will Organik Digital be liable for any unknown, unforeseen, unanticipated and unsuspected loss and liability and the consequences thereof.
7.3 These terms and conditions form the basis of our working relationship moving forward. These terms and conditions supersede any assumptions and/or verbal conversations. Additional terms and conditions and/or agreed modifications will be supplied to you as part of your proposal. Any waiver of breach of specific conditions cannot be construed as a waiver and/or breach of the entire agreement or non-related clauses. These terms and conditions are governed by Australian law and you agree and submit to exclusive jurisdiction in the Australian courts. Any disputes will be held within the Victorian courts. You agree through payment of monies (deposit or otherwise) and verbal agreement of a working relationship that we will abide this agreement at all times.