Web Boom Media Pty Ltd
1. Introduction
1.1. These terms and conditions (Terms and Conditions), its attachments and related documents, and the invoice (if any), constitute and govern the agreement (Agreement) between us, Web Boom Media Pty Ltd (Web Boom Media), and you (Client).’
1.2. Explanatory text included in this document is intended to assist in the reading of this Agreement and do not form part of this Agreement.
1.3. The provision of services under this Agreement is made subject to these Terms and Conditions, and any inconsistent or additional terms or conditions contained in any previous communication or subsequent acknowledgment, whether written or unwritten, are hereby rejected. Web Boom Media reserves the right to update and change these Terms and Conditions from time to time without notice. Web Boom Media also reserves the right, subject to applicable law, to refuse service to anyone for any reason at any time.
2. Money Back Guarantee
2.1. Web Boom Media guarantees that Client’s profile will be listed on the front page of Google’s® local search by Web Boom Media within sixty (60) days for searches in the clients specified suburb (Money Back Guarantee). If Web Boom Media is unable to meet this guarantee, Web Boom Media will refund one hundred percent (100%) of the monthly subscription fees paid during the sixty (60) day guarantee period up to a maximum refund of $500.
2.2. The Money Back Guarantee is a conditional on the Client fulfilling all the Client’s obligations under this Agreement.
2.3. The sixty (60) day period referred to in clause 2.1 above shall not commence until:
a) The Client has a valid Google® listing that has successfully been transferred into the control of Web Boom Media;
b) Any Google® listing for the Client under the control of any other third party is removed from that third party’s control.
c) All duplicate Google® listings for the Client have been successfully deleted;
2.4. After the expiry of the sixty (60) day period referred to in clause 2.1, any further fluctuations in the Google® listing results due to changes in Google’s ranking algorithms shall not constitute a failure by Web Boom Media to meet the conditions of the Money Back Guarantee and shall not entitle the Client to the refund of the monthly subscription fees.
3. Client Obligations
3.1. The Client must transfer the Client’s Google® listings into a secure Google® places account managed by Web Boom Media for the term of this Agreement.
3.2. The Client must undertake within a reasonable time frame all actions requested by Web Boom Media regarding the Client’s Google® listing profile.
3.3. The Client must obtain a minimum of three customer reviews through either the Google® Places web site or other review web site approved by Web Boom Media.
3.4. The Client must not publish any false or misleading information on any web site nor submit any fake reviews to any review web site, including Google® Places.
4. Payment Terms
4.1. The Client must pay any fees related to setup of the Web Boom Media services within ten (10 business days of the commencement of this Agreement.
4.2. The Client must pay any monthly service fees on a monthly basis within ten (10) days of the first of each month following the commencement of this Agreement.
4.3. Any late payments shall incur an interest charge at the rate of 1.5% per month or part thereof until payment is made in full.
4.4. If at any time the Client has any outstanding overdue fees owed to Web Boom Media, Web Boom Media may at their discretion discontinue or suspend services with the Client or to take any further action reasonably necessary to collect past due amounts.
4.5. Should Web Boom Media need to engage legal services or a debt collection agency to assist in the collection of past due amounts, then the Client agrees to reimburse Web Boom Media for all fees and costs incurred in such collection, plus an additional administration fee of $105.00 per hour to compensate Web Boom Media for the administrative and management time required to collect the outstanding payment.
4.6. Prices of all services, including but not limited to monthly fees, are subject to change upon thirty (30) days’ notice.
5. Term and Termination
5.1. This Agreement is a contract at-will and may be terminated at any time by either party subject to these Terms and Conditions. If the Client desires to terminate the Agreement they must do so in writing, either via email with a confirmation from Web Boom Media acknowledging receipt, or by regular mail with delivery confirmation.
5.2. In the event of termination by either party:
a) Client shall be obligated to pay the full purchase price provided hereunder for the services completed and for all work in progress, including monthly service fees for all periods and partial periods up to and including the date of termination.
b) Web Boom Media shall remove any of Web Boom Media’s optimizations from the Client’s Google® listing and return the listing to the Client’s control.
6. Third Party Services
6.1. The services provided under this Agreement depend, in part, on services, products, offers and promotions provided by third parties, and not by Web Boom Media (Third Party Services). Where such Third Party Services are provided:
a) The Client is responsible for reviewing and understanding the terms and conditions as well as any fees, if any, governing any Third Party Services.
b) The Client authorizes Web Boom Media to use and disclose its contact information, including name and address, for the purpose of making the Third Party Services available to the Client.
c) The Client agrees that the third party, and not Web Boom Media, is responsible for the performance of the Third Party Services. In no event will Web Boom Media be responsible for the information contained in any third party website or for any inability to use such third party website or Third Party Services.
d) Access to any third party website is at the Client’s own risk, and the Client acknowledges and understands that links to third party websites might contain terms and privacy policies as well as fees that are different from those of Web Boom Media. Web Boom Media is not responsible for such provisions, and expressly disclaims any liability for use of such Third Party Services and third party websites.
7. Warranties and Indemnification
7.1. Web Boom Media makes no representation or warranty for the benefit of Client beyond those which are set forth in this Agreement. In no event will Web Boom Media be liable to Client or to any other person or entity for any special, consequential, incidental or other damage, however caused, direct or indirect, whether for breach of contract, negligence or under any other legal theory, including lost profits, and whether or not Web Boom Media has been advised of the possibility of such damage. Under no circumstance shall Web Boom Media be liable to Client due to any modification, price change, suspension or discontinuance of the service.
7.2. In the event any statute implies terms into the Agreement which cannot be lawfully excluded, such terms will apply to the Agreement, save that Web Boom Media’s liability for breach of any such implied term will be limited, at Our option, to any one or more of the following:
a) The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
b) The repair of such goods (if applicable);
c) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) The payment of the cost of having the goods repaired or the services supplied again (as applicable).
7.3. Web Boom Media and Client shall mutually indemnify and hold harmless each other and each other’s agents, consignees, employees and representatives from and against all losses, claims, demands, or causes of action of whatever kind, including negligence, breach of express or implied contract or warranty, failure to warn, strict liability and from and against all special, incidental, or consequential damages, whether direct or indirect, including lost profits, of every kind whatsoever arising out of, or in any way connected with, accidents, occurrences, injuries or losses to or of any person or property.
8. Intellectual Property
8.1. Client represents to Web Boom Media, and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Boom Media are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Web Boom Media from any claim or suit arising from the use of such elements furnished by the Client.
9. Jurisdiction
9.1. This Agreement shall be governed by, enforced and construed in accordance with the laws of the Queensland, Australia. All actions, proceedings and other disputes arising out of or in any way related to this Agreement shall be submitted to, and the parties agree hereby to the jurisdiction of Queensland, Australia.
10. Force Majeure
10.1. If Web Boom Media is delayed, hindered or unable to perform its obligations herein or otherwise by reason of any cause beyond Web Boom Media’s control, including, but not limited to, third party acts, strikes, acts of God, natural disasters, shortages of materials, rationing, utility and communication failures, casualty, war, terrorism, riot, insurrection, embargoes, or by reason of restrictions, rules, regulations or order of any governmental agency or subdivision thereof, then Web Boom Media’s performance shall be excused for the period of the delay and shall be extended for a period sufficient to permit Web Boom Media to recover, or at Web Boom Media’s election, shall be excused entirely.
11. Enforceability, Amendment and Assignment
11.1. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby.
11.2. The terms of this Agreement may not be added to, modified, superseded or otherwise altered, nor may the terms thereof be waived except by writing signed by Web Boom Media’s authorized representative.
11.3. This Agreement shall constitute the entire agreement between the parties and supersedes all prior or contemporaneous proposals, agreements or communications, oral or written, with respect to the same subject matter.
11.4. If Client defaults, in addition to any other relief, Web Boom Media shall be entitled to recover its reasonable legal fees, court costs and other litigation costs, if any, incurred by Web Boom Media to enforce this Agreement.
11.5. Neither Web Boom Media nor Client may assign or transfer its rights or obligations without the written consent of the other.