Terms and Conditions

The terms listed below only apply to the specific services you have engaged PBM to provide.

These Terms and Conditions (“Terms”) constitute a legally binding agreement between the Client (“you”) and Purple Bunny Marketing Pty Ltd (“PBM”, “we”, “us” or “our”). By using our services, you agree to be bound by these Terms, which outline the scope of services, payment terms, cancellation policies and other key provisions that govern our business relationship.

1. Setup Costs, Monthly Support Fees and Payment Terms

Upon signing up for PBM services, any initial setup fees or one-time costs outlined in the Service Agreement will be invoiced. Payment is due in full prior to the commencement of services, and setup fees are non-refundable.

Monthly support fees will be invoiced on the 2nd business day of each month. Payment terms as specified in your Service Agreement apply to these invoices. Timely payment is essential for uninterrupted service delivery. Failure to meet payment terms may result in service suspension or termination as per this agreement.

2. Client Responsibilities

The Client agrees to:

  • Provide PBM with access to necessary information, materials and resources for effective service delivery.
  • Ensure that any data, content and materials supplied to PBM are accurate, lawful and authorised for use in marketing and advertising.
  • Independently manage and maintain accounts with third-party platforms (e.g. Google, Facebook), including payment responsibilities with these entities.

3. Subcontracting

PBM reserves the right to engage subcontractors (companies or individuals) at our discretion for any production work required for clients.

4. Online Advertising Management Services

By agreeing to this contract, you acknowledge that digital platforms such as Google, Facebook, Instagram, LinkedIn, TikTok, Snapchat, Yahoo and Bing operate independently from PBM.

Google Advertising Platforms

  • PBM is authorised to access your Google Ads and Google Analytics accounts for the purpose of managing and optimising your advertising.
  • Setup for Google Ads accounts may take 5–7 business days.
  • PBM’s management fee is separate from Google Ads “per-click” charges. Cancelling PBM’s management service does not stop Google Ads fees from accruing; clients are responsible for these charges.

Social Media Platforms

  • By entering into this agreement, you authorise PBM to access your social media accounts (e.g. Facebook, Instagram, TikTok, X (Twitter), YouTube) for management and optimisation purposes.
  • PBM will create and manage ads targeting specific audiences as per the agreed budgets. All costs incurred on these platforms are the client’s responsibility.
  • PBM is not responsible for replying to messages or comments unless otherwise agreed in writing.

5. Search Engine Optimisation (SEO) Services

PBM will provide SEO services to improve the natural visibility of your site on search engines using designated keywords and phrases. PBM cannot be held liable for delays, changes in rankings, or any specific positions in search results.

6. Website Design, Development and Landing Pages

This section applies to all websites and landing pages designed or built by PBM.

  • Deposit and payment: A 35% deposit is required to commence work. The remaining balance is due upon project completion or 10 weeks from the contract start date, whichever occurs first.
  • Ownership: Until full payment of the website or landing page build is received, ownership of the website or landing page, including all programming, graphics and design elements, remains with PBM. Upon receipt of full payment, ownership of the website or landing page transfers to the client.
  • Third-party elements: Third-party themes, plugins, fonts, stock images and other licensed elements remain subject to their own licence terms and are not owned by PBM or the client.
  • Scope changes: Any changes outside the agreed scope will incur an additional charge of $105 + GST per hour.
  • Non-payment: Failure to make payment may result in restricted access to, or removal of, the website or landing page.
  • Hosting: Hosting is not included in the website or landing page build. PBM offers hosting packages and hosting with support packages, which are available on request. Hosting charges commence once the website build is complete and the website goes live.
  • Errors: PBM will make every effort to deliver websites and landing pages free of errors; however, we cannot be held responsible for any losses incurred due to malfunctions.

7. Graphic Design Services

Graphic design services will commence upon written approval of the quotation and payment of the design fee. Copyright remains with PBM until final payment is made.

8. Videography and Photography Work

All videography and photography work carried out by PBM is subject to these terms:

  • Ownership before payment: Ownership of all raw and final media files remains with PBM until full payment is received.
  • Ownership after payment: Upon receipt of full payment, all captured content, including raw and final media files, becomes the property of the client. Licensed music, stock footage and other third-party assets remain subject to their own licence terms.
  • Promotional use by PBM: PBM may wish to use captured content for its own promotional purposes. PBM will only do so after seeking and receiving the client’s approval. The client has the right to decline any content being used by PBM.
  • Shoot cancellations: If the client cancels a scheduled shoot, 7 days’ written notice via email is required. Failing to provide adequate notice may result in a cancellation fee of up to 25% of the total booking.

9. Marketing Training and Coaching

Marketing training provided by PBM includes a detailed curriculum covering platform dynamics, content strategies, advertising and practical skills for platforms such as Facebook, Instagram, TikTok and Google. The scope and structure of the training are outlined in the training proposal or agreement.

Training Format and Duration

Training sessions will be delivered over two (2) x 2-hour sessions, conducted either in person or virtually, as agreed. Training includes one (1) month of post-training support for questions directly related to the training material. Support does not cover additional training or consultancy services outside the agreed topics.

Participant Responsibilities

Participants are expected to engage actively in the training and provide the required tools, devices and software to participate effectively. PBM is not responsible for technical issues arising from the participant’s hardware, software or internet connectivity.

Rescheduling and Cancellations

Clients must provide at least 48 hours’ written notice to reschedule a training session. Rescheduling is subject to PBM’s availability. Cancellations made less than 48 hours before a session will incur a cancellation fee of 25% of the total training fee. If PBM cancels a session due to unforeseen circumstances, it will be rescheduled at no additional cost.

Ownership of Training Materials

All training materials, guides, templates and resources provided during the training are the intellectual property of PBM. Participants are granted a non-transferable licence to use the materials for internal business purposes only. Sharing or distributing materials without PBM’s written consent is prohibited.

Performance Disclaimer

PBM provides training to improve participants’ knowledge and skills in social media marketing and advertising; however, we do not guarantee specific performance outcomes, engagement levels or revenue results.

Post-Training Support

Support is limited to phone and email correspondence during PBM’s business hours (Monday to Friday, 9:00 AM – 5:00 PM). Support requests must directly relate to the training content.

Liability and Indemnity

PBM is not liable for any losses, damages or expenses incurred from the client’s implementation of the training material. The client agrees to indemnify PBM against any claims or liabilities arising from the misuse of the training content or materials.

10. TV and Radio Booking Placements

PBM manages bookings with media outlets on behalf of clients. All TV and radio placements require 30 days’ notice for cancellation. Failure to provide this notice may result in fees as determined by the media outlet’s cancellation policy.

11. Confidentiality

Both parties agree to maintain confidentiality concerning any proprietary information exchanged as part of this agreement. Disclosure to third parties is prohibited unless required by law or authorised in writing.

Exceptions to confidentiality include:

  • Information that is publicly available.
  • Information disclosed by third parties on a non-confidential basis.
  • Information that was already in the possession of the receiving party before being provided.

Each party may disclose confidential information to its personnel as necessary for fulfilling obligations under this agreement and must take reasonable steps to prevent unauthorised disclosure.

12. Warranties and Disclaimer

PBM will provide services to the best of its abilities and in line with industry standards. However, PBM makes no warranties, express or implied, regarding specific results or success metrics. Variations in outcomes are expected, and PBM does not guarantee any particular rate of return or ranking.

PBM is not liable for any commercial outcomes, technical issues or disruptions that impact your website or online marketing activities, including the impact of changes in platform algorithms, policies or other external factors that may influence your online presence.

13. Termination and Cancellation Policy

To cancel PBM services, clients must provide 30 days’ written notice via email. Any unpaid invoices must be settled within thirty (30) days of the cancellation date.

PBM reserves the right to engage a debt collection agency and legal counsel, at the client’s expense, if any invoice remains unpaid seven (7) days after its due date, with interest applied at the maximum enforceable penalty rate.

Marketing spend for third-party platforms is separate from PBM’s management fee and must be paid directly to the relevant parties. Terminating our services does not terminate your accounts with these platforms; it is your responsibility to maintain or cancel those accounts as needed.

14. Changes to Terms and Conditions and Pricing

PBM reserves the right to amend these Terms and Conditions and associated pricing at any time. Clients will be notified of any modifications via email with 30 days’ notice before they take effect.

Contact Information

If you have questions about these Terms and Conditions, please contact us at hop@purplebunny.com.au or (07) 3521 5040.