Terms and Conditions.
The following terms and conditions (Terms) apply to all agreements entered into with BuzzPilot Digital Pty Ltd and all services provided by BuzzPilot Digital ABN 89 207 214 905 . The services include, but are not limited to, the website, social media pages, products and services sold, website optimization services, website production, and online advertising services, as outlined in our proposal (Proposal). By using the services, you agree to be legally bound by these Terms. In these Terms, “we,” “us,” “our,” and “BuzzPilot Digital” refer to BuzzPilot Digital Pty Ltd ABN 89 207 214 905 .
**Last Updated: 8 August 2024
Terms and Conditions
1.1 You agree to use the services in compliance with all applicable laws and regulations, and in accordance with these Terms.
1.2 These Terms are incorporated into and are part of any Agreement with BuzzPilot Digital signed by you or confirmed by email.
Minimum Term, Renewal, and Termination
2.1 Services are renewed automatically on a month-by-month basis. To terminate the services, written notice is required at least 30 days prior to termination. A pro-rated invoice for the balance of the 30 days will be issued.
2.2 You must comply with these Terms at all times. You will not engage in any conduct that restricts or inhibits any other person from using or enjoying the services. You agree to use the services only for lawful purposes. You are prohibited from posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable material.
2.3 Subject to applicable law, BuzzPilot Digital may monitor the services for adherence to these Terms and may disclose any content, records, or electronic communication as permitted by law.
2.4 BuzzPilot Digital reserves the right to prohibit conduct, communication, or content deemed harmful or in violation of any applicable law (Material Breach).
2.5 If you do not comply with these Terms and the breach cannot be remedied or is a Material Breach, BuzzPilot Digital reserves the right to terminate the Agreement and your use of the services at any time. For other breaches, we may terminate the Agreement if you do not remedy the breach within 30 days of receiving written notice. If we terminate the Agreement under this clause, you are not obligated to pay the Cancellation Fee.
Services
3A. Digital Advertising Management (All Media Platforms such as Google Ad Accounts & Facebook Ad Accounts)
3A.1 BuzzPilot Digital will set up online advertising campaigns and deliver paid traffic to your website. If paid traffic cannot be delivered due to factors outside our control, including editorial policies of search engines or advertising platforms, we will notify you in writing. BuzzPilot Digital is not liable in this situation.
3A.2 Costs associated with media and clicks generated from running this service will be incurred directly by the customer.
3A.3 You must comply with the Google Ads guidelines, which can be found at Google Ads Policies.
3B. Upload of Content to Customer Websites
3B.1 BuzzPilot Digital will upload optimized content and tags to your website, where a web page is written in a language that our technicians are trained in. If a web page is designed using languages that we are not skilled in, uploading content will be the responsibility of the customer and/or their webmaster.
3B.2 Customers providing BuzzPilot Digital access to make changes to their website do so understanding that BuzzPilot Digital is not liable for any errors that may occur. BuzzPilot Digital must make all website changes with full care and the skill expected of a professional service provider. Clients must have a regular backup system in place, and by signing the Agreement, you warrant that you have a regular and secure backup system. Where the services include website hosting by BuzzPilot Digital, we will provide backup and security services as specified in the Proposal.
3C. Website Design
3C.1 Website design services are provided as per your Proposal with BuzzPilot Digital. An approximate timeline is provided at the time of the Proposal. Failure to provide assets, content, feedback, or other items within the specified time will delay the setup of the website.
3C.2 After the launch of a website, the client is responsible for regular backups. If requested, BuzzPilot Digital will assist with the setup of website backups. We will take regular backups for websites hosted with us, but clients are advised to take their own backups in addition. For websites hosted on servers other than BuzzPilot Digital’s, we are not responsible for bringing the website back online if it encounters issues.
3C.3 Once a website is live, it is the client’s responsibility to manage and maintain plugins and CMS versioning. BuzzPilot Digital ensures all plugins and CMS are up to date at launch. We offer services to help keep these updated if the client cannot maintain them. Ongoing fees for plugins are the client’s responsibility.
3C.4 If the scope of work changes during the project, our Digital Producers will rescope the project to account for changes in cost and timeline.
3C.5 For monthly payment arrangements, upon cancellation of marketing services, you will receive an invoice for the balance of work completed.
3C.6 If BuzzPilot Digital purchases a third-party custom font for your website, it will be purchased for web use only, and the files will be supplied to you. For Adobe Fonts, we will reference our Adobe License in the code. For free Google fonts, no action is needed. Maintenance of the website code or plugins that affect these references is the client’s responsibility.
3D. Scope Evaluation and Modifications
3D.1 A review will be conducted within three months of the initial scope delivery to ensure alignment with the client’s needs.
3D.2 If the scope remains unfulfilled after four months, a comprehensive reassessment will result in a new scope and project brief.
3E. Project Delays
3E.1 If a client-induced delay extends to three months, BuzzPilot Digital reserves the right to place the project on hold. A new timeline will be provided upon resumption, reflecting current workloads.
3E.2 For delays extending to six months or more, a scope reassessment and review will be required, potentially involving additional tasks and costs.
3E.3 For delays extending to twelve months, BuzzPilot Digital will deliver all work performed up to that point, and the project will be deemed complete.
3F. Third-Party Plugins, Software & Integrations
3F.1 BuzzPilot Digital is not liable for recommendations concerning third-party plugins, software, and integrations. We strive to recommend quality resources but cannot guarantee their functionality or compatibility.
3F.2 Clients should understand that these components may not function as intended or may pose issues when integrated. BuzzPilot Digital is not responsible for any malfunctions or discrepancies resulting from third-party resources.
3G. Website Hosting Services
3G.1 BuzzPilot Digital guarantees 99% uptime availability, except for issues outside our control, including:
External device, equipment, software, or power supply failures
Client actions or omissions
Unapproved software accepted without testing due to time-critical nature
Scheduled or emergency maintenance
Legal requirements or orders
Unauthorized access or cyber-attacks
False breaches from monitoring errors
DNS propagation issues
3G.2 If we fail to meet the Uptime SLA in any calendar month, you are entitled to a 100% credit of that month’s web hosting fees. Requests for service credits must be made within 30 days of the SLA breach and verified by BuzzPilot Digital.
3G.3 Service credits are not available if you are in breach of any obligations under your Agreement or these Terms.
3G.4 Only one claim for a service credit per month is permitted.
3H. Email Setup
3H.1 BuzzPilot Digital provides limited assistance for email address setup via a selected third party. Further support is available at our hourly rate.
3I. Search Engine Optimization (SEO)
3I.1 BuzzPilot Digital will optimize your website using industry best practices. However, SEO does not guarantee specific results due to varying factors.
3I.2 Websites failing to comply with certain guidelines are excluded from SEO expectations:
Non-destination URLs or redirects
Non-indexable content
Heavy reliance on affiliate content
404 errors or frequent downtime
HTTPS pages
Disallowing robots.txt files
Duplicated content from other sites
Violation of Google or other search engine guidelines
3I.3 Changes to SEO keywords after initial selection may incur additional fees.
3J. Website Content Maintenance
3J.1 Ad-hoc website maintenance is charged at our current hourly rates with a minimum one-hour charge and a five-business-day turnaround. Maintenance packages ensure faster content changes.
Suspension or Cancellation of Services
4.1 BuzzPilot Digital reserves the right to suspend or cancel services if:
You have outstanding invoices or accounts
Your account is in dispute or subject to legal proceedings
You fail to comply with any provision of the Agreement or these Terms
There is evidence of fraudulent, illegal, or offensive activities
We deem your use of services may jeopardize operations
Other reasons deemed necessary to protect us, our staff, or suppliers
4.2 Upon cancellation:
You must pay the Cancellation Fee within 30 days
Data may be deleted after 90 days following cancellation
Lawful actions may be performed after reasonable prior notice
You release us from claims arising from suspension or termination
Customer Service Policy
5.1 BuzzPilot Digital is committed to proactive account management and provides various reporting tools to help clients track the progress of their campaigns. We offer email and telephone support for queries directly related to your digital marketing campaigns. Additional support or consultation services can be purchased if required.
Pricing and Billing
6.1 All quoted prices are in Australian dollars and exclude GST unless otherwise noted. Tax invoices will be issued upon payment.
6.2 You agree that BuzzPilot Digital may adjust its pricing structure at any time after the initial six months of the Agreement term.
6.3 In the event that any fees remain unpaid 30 days after their due date, BuzzPilot Digital reserves the right to employ the services of a debt collector. We also reserve the right to recover any costs associated with the collection of unpaid fees.
6.4 BuzzPilot Digital reserves the right to correct any pricing errors in the Agreement.
6.5 Our standard payment terms require payment within 7 days from the date of the invoice unless otherwise agreed upon.
Warranty Disclaimers and Representations
7.1 You agree that the use of BuzzPilot Digital’s services is at your own risk. The services are provided on an “as-is” and “as-available” basis. BuzzPilot Digital expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2 If any condition or warranty is implied by law and cannot be excluded, our liability will be limited to one or more of the following:
In the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
In the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
7.3 Upon delivery and launch of any website built by BuzzPilot Digital, you must notify us of any required changes as soon as possible and no later than 30 days after the delivery and launch date. BuzzPilot Digital will consider, in good faith, whether changes notified within this period will be made at no additional cost. It is at our discretion whether these changes will be covered within the quoted cost or charged at our hourly rate.
7.4 BuzzPilot Digital is not responsible for URLs that are dropped or excluded for any reason. We do not guarantee that your URLs will achieve a favorable position or any position in search engine results. We cannot control or guarantee which, if any, search engines will accept the submission of your site.
Security
8.1 Despite the security measures we take, certain conditions exist on the Internet that are beyond BuzzPilot Digital’s control and could result in a breach of security. You hereby expressly waive any claim against BuzzPilot Digital arising from the loss of data through corruption, piracy, or breach of security or for any other reason beyond our reasonable control.
Liability and Indemnification
9.1 To the fullest extent permitted by law, BuzzPilot Digital and its affiliates, service providers, licensors, officers, directors, and employees shall not be liable for any direct, indirect, special, incidental, or consequential damages (including negligence), or for interrupted communications, lost data, or lost profits, arising out of or in connection with the services or because the services are not operational or accessible.
9.2 You agree to indemnify and hold harmless BuzzPilot Digital and its officers, employees, and agents from and against any loss (including legal costs and expenses) or liability incurred or suffered arising from:
A breach by you of your obligations under the Agreement or these Terms.
Any misuse of the services by you, your customers, or any third party related to you.
Any willful, unlawful, or negligent act or omission by you.
Any infringement by you of any third party’s intellectual property rights.
9.3 Each indemnity under these Terms is a continuing indemnity and constitutes a separate and independent obligation from your other obligations under the Agreement or these Terms and will survive the completion and termination of the Agreement.
Copyright
10.1 Copyright in the BuzzPilot Digital website (including text, graphics, logos, icons, sound recordings, and software) is owned or licensed by us. Other than for purposes prescribed under the Copyright Act 1968 (Cth) and similar legislation, and except as expressly authorized by these Terms, you may not:
Adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website.
Commercialize any information, products, or services obtained from any part of this website without our written permission.
Use of Intellectual Property
11.1 All intellectual property of BuzzPilot Digital, such as trademarks, trade names, patents, registered designs, and other intellectual property rights derived from the services or any other material provided by BuzzPilot Digital (BuzzPilot Digital IP), remains the property of BuzzPilot Digital. All intellectual property rights in the website, including the website design and content, other than the BuzzPilot Digital IP, will vest in the client.
11.2 You warrant that you are entitled to use any intellectual property used by you in relation to the services, including content provided to BuzzPilot Digital to display on your website.
11.3 You agree to indemnify and hold BuzzPilot Digital harmless against any action, claim, suit, or demand arising out of or in respect of any breach of any third party’s intellectual property rights.
11.4 You must notify BuzzPilot Digital immediately of any claim, demand, threat, or notice of proceedings against you relating to any breach of intellectual property rights.
11.5 If you use any of our trademarks in reference to our services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
In or as the whole or part of your own trademarks.
In connection with activities, products, or services which are not ours.
In a manner that may be confusing, misleading, or deceptive.
In a manner that disparages us or our information, products, or services.
Privacy and Confidentiality
12.1 Some of our services may contain links to other websites (“linked websites”) which are not owned or operated by BuzzPilot Digital. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or the terms and conditions and privacy practices associated with linked websites.
12.2 Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products, or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
12.3 You confirm that you have read the BuzzPilot Digital Privacy Policy and agree to its terms. The Privacy Policy can be found at BuzzPilot Digital Privacy Policy or if you are unable to access the Privacy Policy please contact us and we will send you a copy.
Security and Confidentiality
13.1 We undertake to take all due care with any information which you may provide to us when accessing our services. However, we do not warrant and cannot ensure the security of any information which you may provide to us. We do not warrant or represent that the website or the services will not be subject to unauthorized or unlawful access. Our compliance with privacy legislation is set out in our separate Privacy Policy which is located here.
Partner Referral Arrangements
14.1 If you have been introduced to BuzzPilot Digital via a third-party reseller, some information may be shared with these partners, including your email, name, and products purchased for reporting purposes.
General Provisions
15.1 Access to our services may be terminated by us with a 30-day notice. Our disclaimers will nevertheless survive any such termination.
15.2 These Terms will take effect and be construed in all respects in accordance with the laws of the State of Western Australia. The parties irrevocably submit to the jurisdiction of Western Australia for all proceedings arising in connection with these Terms.
15.3 To return to our homepage please visit BuzzPilot Digital. By doing so, you acknowledge that you have read, understood, and accept the above terms of use. If these Terms have been provided to you as an attachment to an Agreement, signing the Agreement constitutes your acceptance of these Terms.
15.4 See also our Privacy Policy at BuzzPilot Digital Privacy Policy.
15.5 All notices, requests, demands, waivers, consents, and other communications given by one party to another under this Agreement must be in writing and must be:
Delivered by courier;
Sent by pre-paid mail;
Sent by facsimile; or
Sent by email,
to the address set out in this Agreement, or to any other address of which the relevant party has advised the other party by written notice from time to time.
15.6 Documents posted within Australia will be deemed to have been received on the seventh (7th) Business Day after posting.
15.7 Documents delivered by courier or sent by facsimile will be deemed to have been received on the first (1st) Business Day after the day of dispatch.
15.8 Documents sent by email will be considered received when the email (including any attachments) is sent to the receiving party, unless the sender receives a notification of delivery delay or failure within 24 hours of sending the email.
15.9 Despite clause 15.8, if an email is sent after 5pm on a Business Day in the location of the recipient, or on a day that is not a Business Day, it will be deemed to be received on the next Business Day.
15.10 In these Terms, the following definitions apply:
“Business Day” means any day other than a public holiday in Perth, Western Australia.
“Law” means any applicable law, statute, rule, regulation, proclamation, ordinance, or by-law, whether state, federal, or otherwise.
15.11 If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
15.12 No waiver of any breach of these Terms will be deemed to be a waiver of any other or subsequent breach. No waiver will be valid unless in writing and signed by an authorized representative of the party granting the waiver.
15.13 These Terms, along with any applicable Proposal or Agreement, constitute the entire agreement between you and BuzzPilot Digital regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.
15.14 Any modifications to these Terms must be in writing and signed by both parties to be effective.
15.15 The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
15.16 You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of BuzzPilot Digital.
15.17 BuzzPilot Digital may assign or transfer its rights and obligations under these Terms without your consent, provided that the assignment or transfer does not adversely affect your rights under these Terms.
15.18 Each party will bear its own costs and expenses in connection with the preparation, execution, and performance of these Terms and any related documents.
15.19 Both parties agree to act in good faith and cooperate with each other to achieve the objectives of these Terms.
15.20 Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Western Australia.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
BuzzPilot Digital Pty Ltd
Phone: +61 470249058
Email: [email protected]
Website: www.buzzpilotdigital.com.au
By continuing to use our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any updates to them. If you do not agree to these Terms, please do not use our services.
