Agency Terms + Conditions
The following terms and conditions apply to all Birdcage Marketing clients and are implied upon acceptance of all proposals (written, digital or verbal).
PARTIES & AGREEMENT
The Client has engaged Birdcage Marketing to provide a service, the scope of which is outlined in the accepted Proposal.
The Client is responsible for:
- Providing Birdcage Marketing with all the access, materials and information necessary to complete the project, including text, images and other relevant information as and when it is required, in a format specified by Birdcage Marketing
- Reviewing the work of Birdcage Marketing, provide feedback and sign-off in a timely manner
- Paying invoices in accordance with approved proposals and estimates; and
- Notify Birdcage Marketing without delay if you become aware of an aspect that materially affect or is likely to affect your ability to meet your obligations under this agreement.
The Client indemnifies Birdcage Marketing in relation to any claim, loss or damage in relation to the performance of the Services.
MODIFICATION OF AGREEMENT
Any amendments or modifications to the original Scope of Works will only be binding if evidenced in writing and accepted by the client via email or Client Management Software such as Dubsado etc.
TIME FRAME SCOPE
Time frames for projects are to be agreed by the client and Birdcage Marketing and confirmed in writing. When budgeted time or “rounds of changes” is exceeded, the client will be charged in 15-minute blocks of time at $90 per hour, excluding GST.
Birdcage Marketing may acquire third party services to perform certain aspects of work related to the Scope of Services. All contractors are vetted and placed under Non-Disclosure Agreements to protect your interests, information, and intellectual property. Birdcage Marketing is only liable to you in respect of any services performed by a contractor to the extent that the contractor is liable to Birdcage Marketing.
If no minimum term is identified in the Proposal, it is agreed that the Client will engage Birdcage Marketing’s services until the completion of the project specified.
For ongoing retainer projects, there is a 1 month “honeymoon period” afterwhich either party may part ways. After this initial 1 month engagement, a minimum term of 3-months is applicable, which will be rolled over until cancellation has been advised.
Birdcage Marketing will charge the client as per the amount outlined in the Proposal.
All invoices are due strictly within 7 days of issuing.
If payments are made by EFT or Credit Card all fees incurred will be the responsibility of the Client.
NEW CLIENTS will require a deposit before work can commence. For jobs under $1,000 this will be the full amount. For jobs over this amount, 50% will be invoiced
WEBSITES will require a 50% deposit before work can commence.
WEBSITES with agreed payment plans require payment on or before due date of instalment invoice. Failure to do so will result in the website being removed from public viewing immediately.
RETAINER CLIENTS will be invoiced for the month in advance, Invoices will be sent on the first of each month.
FAILURE TO MAKE PAYMENT by the due date Birdcage Marketing may charge interest at the rate of 10% per annum, calculated daily from the due date until, but excluding, the date of payment. Birdcage Marketing has right to withdraw from provision of services effective immediately in case of failure to make payment by the due date of invoice.
CANCELLATION OF MONTHLY SERVICES
30 days notices is required for the cancellation of any monthly retainer services including:
Social Media Management
Ongoing SEO Programs
Ad Words Management
Ongoing Email Marketing Management
We offer a 1-month “honeymoon” period after which clients can cancel services without penalty. After that, a minimum 3-month contract term will be instated which will roll over until notice of cancellation.
RESULTS & OUTCOMES
Results and outcomes are never guaranteed as every business and industry is different. Birdcage Marketing will always do our best to provide positive outcomes for your brand, however results are out of our control and Birdcage Marketing can not be held responsible for unsuitable results.