These Terms and Conditions (“Terms”) govern your use of the Onsite Web Agency website available at onsitewebagency.com.au (“Site”) our social media platforms (“Platforms”) and any services (“Services”) provided by Onsite Web Agency ABN: (“we”, “us”, “our”) to you the client (“Client”, “you”, “your”).

By accessing or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Services immediately.

1. Changes to Terms

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

2. Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

3. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

4. Disclaimer 

Onsite Web Agency provides valuable information on our website (“Content”). Our Content is intended to offer educational content, personal insights, and practical guidance. All information provided on our Site is intended for general purposes only and is not intended to be professional advice. You are encouraged to consult with appropriate professionals for personalised advice related to your specific circumstances.

5. Services

Our Services are exclusively focused on lead generation through targeted advertising campaigns on Facebook and Instagram. We collect analytical data including metrics such as ad performance metrics (impressions, clicks, engagement), audience insights, demographic information, and geographic data. By collecting and analysing this data, we can provide valuable insights into the effectiveness of the advertising campaigns and make informed decisions on optimising future campaigns. 

5.1 Ad Campaign Management

With this option, we will oversee the execution of advertising campaigns on Facebook and Instagram to generate leads for your business. Our team will employ various strategies to attract potential customers based on your specified criteria. This includes optimising ad performance, monitoring ad metrics such as impressions, clicks, and engagement, and providing ongoing analysis to ensure the effectiveness of the campaigns.

5.2 Ad Creation and Campaign Management

In addition to managing ad campaigns, we also offer ad creation services. Our team will work closely with you to create customised advertisements tailored to your needs and target audience. This includes writing compelling ad copy, selecting or creating images and multimedia content, and optimising the overall ad design for maximum impact. We will then manage the execution of these ads on Facebook and Instagram to generate leads for your business.

6. Liability Disclaimer

You understand and acknowledge that the success of the Services depends on various factors, including external circumstances. We are not responsible for any results achieved or not achieved using our Services.

7. Billing and Refunds

7.1 Please contact us to discuss your needs and we will provide a quote. All quoted prices are in Australian Dollars and are exclusive of Goods and Services Tax (GST).

7.2 All quotes remain valid for 7 days from the date the quote was issued.

7.3 Our Services are billed monthly. Upon subscribing to our Services, you agree to be billed on a recurring monthly basis until you choose to cancel your subscription.

7.4 We accept the following payment methods Mastercard, Visa, PayPal, and Apple Pay. 

7.5 Due to the nature of the services provided, we do not offer refunds for any fees paid. This includes but is not limited to charges incurred for the current billing period or any past billing periods.

7.6 You have the option to cancel your subscription at any time by providing written notice before the beginning of the next monthly billing cycle. Please note that if cancellation notice is not provided before the start of the next billing cycle, you will be billed for the upcoming month and the cancellation will take effect from the following billing cycle.

7.7 Please note that this refund policy is in addition to any rights and remedies you may have under the Australian Consumer Law.

7.8 We reserve the right to adjust the Services based on the evolving needs of your brand. You will be informed of any substantial changes to the Services covered.

8. Results and Outcomes

8.1 While we generate leads for your business, it is your responsibility to follow up with and close these leads. We provide the initial contact information and details of the leads, but the ultimate success of converting these leads into customers depends on your sales efforts.

8.2 In order for lead generation to be successful, it is essential that you allocate a sufficient Ad spend for your campaigns. The effectiveness of lead generation is directly influenced by the amount of Ad spend dedicated to reaching and engaging potential customers. We will provide recommendations regarding the appropriate Ad spend based on your business goals and target audience.

8.3 By engaging our Services, you agree to actively participate in the process and commit to dedicating the necessary resources, including Ad spend, to maximise the success of the campaigns. Failure to allocate sufficient Ad spend may result in diminished results and impact the overall effectiveness of the service.

8.4 You understand and acknowledge that the success of our Services may vary depending on various factors, including market conditions and audience response. We do not guarantee specific outcomes or results, but we will work diligently to optimise the campaigns for optimal performance.

8.5 We make no representations or warranties, express or implied, regarding the outcomes, benefits, or results that may be achieved by using our Services. Any testimonials or examples provided on our Site are not indicative of guaranteed results and should be considered as individual experiences.

8.6 In no event shall Onsite Web Agency, its employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our Services. 

8.7 You are responsible for your own decisions, actions, and implementations based on the information, strategies, and guidance provided by us. We do not assume responsibility for the consequences of decisions made by you based on the use of our Services.

9. Confidentiality

9.1 Client Information 

Both Onsite Web Agency and you acknowledge and agree that any information shared by you when engaging our Services is considered confidential. This includes personal, business, or proprietary information. We are committed to maintaining the confidentiality of this information. We will not disclose, share, or use any confidential information for any purpose other than providing Services to you. Confidential information shall be kept strictly confidential and shall not be shared with third parties without your explicit consent, except as required by law.

9.2 Duty of Confidentiality

Our staff are bound by a duty of confidentiality and shall not disclose any confidential information or proprietary information to third parties, except as required by law or with your written consent.

9.3 Data Security

We maintain reasonable measures to protect the security of confidential information. However, we cannot guarantee the security of information transmitted over the internet or stored electronically. You are responsible for taking precautions to protect your own information.

9.4 Permitted Disclosures

We may disclose confidential information to our employees, contractors, or agents on a need-to-know basis to provide our Services. These parties are also bound by confidentiality obligations.

9.5 Limitations

This confidentiality clause does not apply to information that is publicly available or becomes known to us through sources other than you, or to information that we are required to disclose by law.The obligations of confidentiality outlined in this clause shall survive the termination of the engagement of our Services.

10. Indemnification

You agree to defend and hold harmless Onsite Web Agency, its employees, agents, and affiliates from any claims, damages, losses, or liabilities arising from your use of our Services, breach of terms, violation of any applicable laws or regulation, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party. 

11. Limitation of Liability 

11.1 You understand and agree that the outcomes and results achieved through our Services may vary based on individual efforts, external factors, and industry dynamics. We do not guarantee specific results, outcomes, or achievements.

11.2 We make no representations or warranties regarding the accuracy, completeness, or reliability of the information provided through our Services. 

11.3 You acknowledge that our Services do not guarantee any specific results or outcomes. By participating in our Services, you acknowledge and agree to the limitation of liability provision stated below. You acknowledge that it is your responsibility to assess the suitability of the Services and to use them at your own risk. 

11.4 You understand and agree that Onsite Web Agency is not responsible for any direct, indirect, incidental, or consequential damages that may arise from participating in our Services, including but not limited to:

Any reliance on the information or guidance provided;Any actions or decisions made by you based on the information or guidance provided.

11.5 Onsite Web Agency shall not be liable for any damages, losses, or injuries arising out of or in connection with your participation in our Services, to the fullest extent permitted by law.

11.6 You agree to indemnify and hold harmless Onsite Web Agency from any claims, damages, or liabilities arising out of or in connection with our Services, including any claims brought by third parties.

11.7 We shall not be held liable for any delays, interruptions, or failures in the provision of Services due to external circumstances beyond our control, including but not limited to acts of nature, technical issues, or third-party actions.

11.8 The total liability of Onsite Web Agency whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the Service.

12. Website Intellectual Property 

Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all content, materials, and resources provided on our Site and through our Services, including but not limited to blogs, text, graphics, images, logos, and trademarks. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content.  You may view this Site and its Contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) you must not copy or use, in whole or in part, any Content; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content. Unauthorised use of any content from this Site may violate copyright trademark, and other applicable laws. 

13. User Content

You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on our Site and/or our social networks (“Networks”).  By making available any User Content on or through our Site and/or Networks, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site and/or Networks.You agree that you are solely responsible for all User Content that you make available on or through our Site and/or Networks.  You represent and warrant that: 

You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site and/or Network will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

14. Termination

14.1 Termination by youYou may choose to terminate your participation in our Services at any time by providing us with written notice. 14.2 Termination by usWe reserve the right to terminate your access to our Services, without prior notice, in the following circumstances:

Violation of the terms and conditions, including but not limited to intellectual property infringement, unauthorised sharing, or distribution of materials, or engaging in any prohibited activities;Any other breach of the terms and conditions or applicable laws.

14.3 Consequences of TerminationTermination by you does not entitle you to a refund, unless otherwise specified in our refund policy.14.4 Effect of Termination

The provisions regarding intellectual property right and limitations of liability shall survive termination.

15. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

16. Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

17. Third-Party Links

Certain content, products and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

18. Client Testimonials and Reviews

We may request and collect testimonials or reviews from you regarding your experience with our Services. We always gain your express consent before using your testimonial. By providing a testimonial or review, you understand and agree that:

Your testimonial or review may be used for promotional or marketing purposes on our Site, Platforms, advertisements, or any other promotional materials.

We may use your testimonial or review in its entirety or in part, and we reserve the right to edit or modify it for clarity, length, or any other necessary purpose.

Your testimonial or review may include personal information such as your first name, initials, or general geographic location. However, we are committed to protecting your privacy, and we will take reasonable steps to ensure that any personal information shared in testimonials or reviews is anonymised or used with your explicit consent.

You retain the right to withdraw your consent for the use of your testimonial or review at any time. To do so, please contact us at onsitewebagency@gmail.com. We will promptly remove or anonymise your testimonial or review from our promotional materials, as applicable.

Please be aware that any testimonial or review you provide is voluntarily given and that you have the legal right and authority to grant the rights and licenses outlined in this clause.

Please note that testimonials or reviews provided by customers are individual experiences and may not reflect the experiences of others. We do not guarantee the accuracy, completeness, or usefulness of any testimonials or reviews posted.

By using our services and providing a testimonial or review, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this clause.

19. Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;Using our Site to defame, harass, threaten, menace or offend any person;Interfering with any user using our Site;Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;Using our Site to send unsolicited email messages; orFacilitating or assisting a third party to do any of the above acts.

20. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

21. Warranties and Disclaimers

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that any files available for downloading from the platform will be completely free from viruses or other harmful computer code.

22. Limitation of Liability for use of the Site

To the maximum extent permitted by law, Onsite Web Agency, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site or any Service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. 

23. Severability

If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.

24. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

25. Interpretation

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

28. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

29. Governing Law

Your use of our Site or our Services are governed by the laws of New South Wales Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and internationally. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If You access our Site from outside of Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

32. Contact

Any questions or complaints relating to these Terms, or our Services should be directed to our owner/director by emailing onsitewebagency@gmail.com.

Last Updated 11/02/2024