TERMS AND CONDITIONS AND AGREEMENT between 1st Place Design Pty Ltd, in the State of New South Wales, Australia, AND THE Applicant (Applicant).

1. Term

1.1
The Applicant wishes to procure Online Marketing services from 1st Place Design.
1.2
This agreement is for a period of 30 days except where otherwise agreed, and will continue until, either the Applicant advises, in writing, or by email to accounts@1stplacedesign.com.au that the services are no longer required.
1.3
Such notice will be conditional provided that a minimum of 7 days notice in advance of such termination, shall be given, otherwise this agreement and contract will continue for another period of 30 days.

2. Services

2.1
SearchActivator
This service will submit your website to the world’s leading search engines. While our program is structured to provide a high level of success, we do not guarantee that the Applicant’s site will be listed.
2.2
SearchOptimiser
Whilst we will try to strengthen your positions on important Search Engines, we do not warrant that this effort will be successful.

The cost for making changes to your site is not included in the price for this service.

2.3
SearchCommander
Whilst we will try to strengthen your positions on important Search Engines, we do not warrant that this effort will be successful.

Reporting is dependant on tracking code being added to your web site. 1st Place Design offer the addition of this code at no extra charge. You may choose not to use 1st Place Design to add this tracking code. If this is the case, 1st Place Design will not responsible for any delays in adding this code to your web site.

Changes required for optimising your search results are not included with the SearchCommander program, unless otherwise agreed to at sign up. Regular changes will be suggested to improve search results on search engines. If these suggestions are not implemented by the Applicant, it must be understood that results will not be achieved and that 1st Place Design is not responsible.

2.4
AdCommander
Whilst we will try to improve your business exposure, we cannot be responsible for nor do we warrant that the provision of search engine advertising services will increase business sales or enquiries.

1st Place Design provide a management service only. Charges for clicks will be billed to the Applicant directly from Google. If there is a problem with the credit card used for billing, it is the responsibility of the Applicant to resolve the issue with Google. 1st Place Design will not be liable for client accounts not paid with Google.

3. PAYMENT AND PRICES

3.1
Instructions in relation to the operation of the Online Marketing services, from the Applicant to 1st Place Design will be by way of email and no voice based permission system will form an amendment, alteration, direction or consent in any matter.
3.2
1st Place Design will provide the web marketing services to the Applicant on the basis of the agreed package, as displayed on the website www.1stplacedesign.com.au. By continuing, the Applicant, whose details form part of this application, agrees with these terms and the general conditions of use of any service offered by 1st Place Design.
3.3
The applicant authorises either their credit card or bank account to be debited with Account Management Fees. The Applicant authorises 1st Place Design to debit their credit card or bank account with such account charges and fees as are due and payable at that time, using this authority until revoked.
3.4
The provision by 1st Place Design of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, 1st Place Design reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to the Applicant.
3.5
If the Applicant fails to make payment within the terms of this agreement, they will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate matching the Genral Interest Charge (GIC), from the due date of the payment.

4. REFUNDS

4.1
If a charge is not deemed to be correct, the Applicant has the option of a full refund for that charge until the matter has been resolved.
4.2
For a charge to be refunded before the dispute resolution commences, the apllicant must lodge their dispute within 30 days of receiving the invoice that the disputed charge relates to.
4.3
A refund will be provided to the Applicant in the following circumstances:

  • 1st Place Design fails to adhere to the requisite service levels as defined for the services listed on the 1st Place Design web site.
  • both parties agree that the results obtained are not satisfactory.

5. SECURITY

5.1
The order process on this site is fully secure using 128 bit encryption. The 128-bit SSL (Secure Sockets Layer) gives you the highest level of protection possible whenever you use credit cards or make other financial or confidential transactions over the Internet. Payment and credit card details are not stored by 1st Place Design in the interest of security.