1. Definitions – in these terms:

1. “TM” means Two Moons Consulting Pty Ltd.
2. “Excess Work” means all work required by you not included in the Submission, outside the scope of works or work completed (as approved by you in writing) which must be further amended.
3. “Submission” means the proposal, overview, project time frame, quotation and acceptance form accompanying these terms of business.
4. “Project” means the totality of all the work outlined in the proposal, or verbal submission, or such part as is accepted by you.
5. “Materials” means all items or things created, provided or obtained by TM to complete the project, including any drawings, sketches, artwork, photographs, computer disks, digital files or otherwise.
6. “Campaign” means any advertising – marketing campaign, statement, or promotion using either digital, radio, video, web, or print based materials where information either through text or imagery or both has been created or used by TM, used or adapted for the purpose of promoting the client, it’s services, products or other aspect through any device or medium.

2. Agreement

1. The client agrees to be bound by the terms of this agreement for the agreed Term.
2. The client accepts, that the delivery of people to their Facebook site through Management or any online advertising or a Social Media Campaign setup and or managed by Two Moons Consulting Pty Ltd (TM), in no way guarantees an increase in the client’s business. Employees of TM will, to the best of their abilities, provide information they believe will assist the client regarding internet based advertising, but cannot guarantee that the advice, if undertaken by the client, will have the desired outcome.

3. The client accepts that the internet is beyond the control of TM and that even through their best efforts the actions of Google, Bing, Microsoft, Facebook, LinkedIn or other Social Network provider or like, is subject to change without notice, resulting in an effect that may enhance or improve or act to the detriment of any work performed by TM and as such TM will not be held responsible for actions outside of their control. The client is entitled to cancel any order either written or verbal so long as all monies due at that time have been paid in full unless agreed to by TM.
4. Services will commence upon receipt of payment of the required fees unless otherwise stated on the agreement.
5. The client agrees to provide TM 30 days’ notice in writing of the intention to cease the services provided by TM.
6. If the client fails to pay to TM any monies required by the due date the client shall pay to TM interest thereon or so much as shall remain unpaid at the rate of 1.5% per month or part thereof from the due date or dates for the payment thereof until the same shall be actually paid.
7. The campaign type/marketing fee covers the development of the required advertising campaign(s), creating and managing advertising in the required programs advertising management program and ongoing maintenance of said campaign(s) for the period of the agreement with TM.
8. In regard to graphic design work, TM will provide you with an agreed number of initial concepts (no more than three) whereupon you may decide to choose one as your preferred concept. Should you wish to make changes to that concept TM will only provide two rounds of changes. Thereafter any further changes will incur a fee charged at TM’s hourly rate.
9. All expenses, fees or disbursements incurred by TM in recovering any amount owing (including any reasonable debt collection agency or solicitors’ fees and disbursements) are payable by the client on demand.
10. The ownership of copyright in all Materials produced by TM which are not ultimately used in the project remains with TM.

11. Two Moons does not charge a separate Google Ads account setup fee. Where TM creates a Google Ads account, it is created and managed through TM’s Google Ads Manager Account (MCC) as part of the Services.

    If the Client terminates the Services and wishes to take ownership and control of the account, TM will transfer the account to the Client or their nominated provider upon payment of the applicable Account Purchase and Transfer Fee:

    • Within 3 months: $660 minimum (including GST) and may be more depending on the complexity of the campaign(s).
    • After 3 months: Fee determined by the complexity and duration of the account.

    Once payment is received, TM will reasonably assist with the transfer, subject to Google’s applicable requirements. Following transfer, TM will no longer retain ownership or management access unless authorised by the Client.

12. TM reserves the right not to use a Google Ad Campaign owned by the client if in TM’s opinion the account is not of a standard that will allow TM to achieve the desired results.
13. It is the client’s responsibility to ensure that any material provided to TM does not infringe the Intellectual Property Rights of any person, is not obscene, offensive, upsetting, and defamatory and does not compromise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature. The client will indemnify TM in respect of any losses or liability incurred as a result of a breach by the client of this clause.
14. TM shall not be liable for any circumstances affecting the performance of the Services, which are caused by factors beyond TM’s control, including the client’s failure to provide content, and any sub-contractors or suppliers of TM’s acts or omissions.
15. The Client agrees that If the Client terminates this Agreement before the end of the agreed term or creation of any Facebook pages or site where work has commenced, all monies in respect of Services supplied and Services agreed to be supplied will become immediately due and payable.
16. No indulgence or forbearance extended to the client by TM shall limit or prejudice any right or claim available to TM.
17. This agreement shall be governed by and construed in accordance with the laws of Western Australia and the parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.
18. The client agrees that where TM takes over the management of an existing client’s campaign(s), the client shall not adjust any settings within the client’s social media portal without prior permission of TM. Where this occurs and adjustments have to be made to rectify anything done by the client that has had a detrimental impact on the performance a fee of $180 per hour will be charged to the client by TM.
19. In this agreement unless the context otherwise requires: TM means Two Moons Pty Ltd (ABN 90 140 852 295)