Google Ads™ Management Contract

Google Ads™ Management

The terms in which Evolution Design Agency provide Google Ads™Management services are set out in this agreement and the Evolution Design Agency general Terms & Conditions (as varied from time to time).

The current version of Evolution Design Agency’s general Terms & Conditions is accessible at www.evolutiondesign.com.au/terms-and-conditions which prevails to the extent of any inconsistency with the below Google Ads™ Terms & Conditions.

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).

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 / Evolution Design Agency your Google Ads™ Management Team

Acceptance

By placing an order with Evolution Design Agency you agree to of Evolution Design Agency’s general Terms & Conditions is accessible at www.evolutiondesign.com.au/terms-and-conditions. Placing an order verbally, in writing or via email communication will be deemed acceptance of these terms and conditions. Verbal instructions are accepted on the basis that Evolution Design Agency will not be held responsible for any error that may arise. Cost estimate, quotes, agreements or orders are deemed as accepted upon proceeding communication, written, signed, received verbally or digitally communicating the commencement or continuance of aforementioned work.

Google Ads™ Management Terms and Conditions

Payment Terms

  1. The Initial Month is payable in full before the setup of your Google Ads™ accounts will begin.
  2. The Management Fee for your Google Ads™ account will be charged in advance on a monthly basis.
  3. Evolution Design Agency will invoice you monthly for the Google Ads™ management fee. Your second invoice will fall two weeks after your first to ensure your account is kept up to date at all times. Your account must always be kept up-to-date.
  4. Evolution Design Agency reserves the right to stop managing your Google Ads™ account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Evolution Design Agency monthly management fee will stop immediately and no further payments will be charged.
  5. If you decide to cancel Evolution Design Agency management of your Google Ads™ accounts you will be liable to pay the remainder of your contract. Payment must be made within 7 days, if you are already out of contract then we require 30 days notice by phone and in writing to cancel our management services by email to hello@evolutiondesign.com.au we will respond with confirmation of your request within 24 hours.
  6. Upon cancelling Evolution Design Agency management, all amounts owing to Evolution Design Agency will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
  7. All prices quoted on our website including emails and proposals are in Australian dollars and are GST exclusive.
  8. Evolution Design Agency reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 30 days.

General Google Ads™ Management

Whilst Evolution Design Agency are managing your Google Ads™ account the following terms and conditions apply:-

  1. By entering this Agreement with Evolution Design Agency you give us permission to access your Google Ads™ account for the purposes of optimisation and management of your online business and/or advertising.
  2. If you wish to suspend or cancel your Evolution Design Agency management of your Google Ads™ accounts at any time then please let us know by phone and in writing by email.
  3. Evolution Design Agency Google Ads™ management (with Evolution Design Agency management fees) is a separate service from the “per click” fees that Google Ads™ will charge you. You will pay these fees directly to Google. Cancellation of your Evolution Design Agency Google Ads™ management does not automatically stop your Google Ads™ advertising from running and incurring Google Ads™ “per click” fees. Evolution Design Agency will not be liable for any amounts that Google Ads™ charges you following the cancellation of your management with Evolution Design Agency. If you wish to cease advertising online at the same time that you cancel your Evolution Design Agency management, please notify Evolution Design Agency in writing so that we can cancel your Google Ads™ online advertising as well. Alternatively, you may choose to directly access your own Google Ads™ account to arrange cancellation.
  4. For clarity, please note that:-

    (a) Evolution Design Agency is not Google, Google Ads™, Facebook, Yahoo or Bing;

    (b) Evolution Design Agency staff may be accredited with Google Certification and/or affiliated with Google. However, despite this certification and/or affiliation with Google, Evolution Design Agency is a separate entity from Google.

  5. Evolution Design Agency will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Evolution Design Agency do not guarantee any particular rate of return or performance of any online advertising on Google Ads™ (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google Ads™ account for your business and/or websites.
  6. Evolution Design Agency is providing an internet marketing service for a competitive price. Evolution Design Agency 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.
  7. Liability and Indemnity: The client agrees that except to the extent caused by the gross negligence, fraudulent act or omission or wilful breach of this agreement by Evolution Design Agency, and its officers, employees and contractors shall, to the maximum extent permitted by law, not be liable to the client or its clients, officers and employees or contractors or any other entity for any Claims whatsoever:

    (a) in relation to provision or non-provision of the Services or arising from any act or omission by Evolution Design Agency relating to the Services;

    (b) arising from any act or omission of any third party, including the unavailability or performance of any search engine, relevant internet interface or database or the listing or ranking of any of the client’s websites;

    (c) in relation to the use by the client (or its officers, employees, agents or contractors) of any documents;

    (d) in the event that any transaction contemplated by the client does not proceed; or

    (e) in relation to acts or omissions of the client or any third party,

    (f) and the client shall and hereby does indemnify and hold Evolution Design Agency and its officers, employees and contractors harmless from all such Claims. In this agreement “Claim” means any claim, expense, demand, action, suit, proceeding, loss or damage of any kind or character (including without limitation for legal costs or special, indirect, punitive or consequential damages, loss of profit or business opportunity or payment of liquidated sums).

  1. These Terms and Conditions are governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
  2. 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.
  3. You warrant to us that you will use the services provided by Evolution Design Agency under this Agreement for business purposes (and not predominantly personal, domestic or household use).
  4. To the extent that Copyright subsists in any text that we create for your Google Ads™ 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.
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