All services provided to you (also referred to as “Client” or “your”) by Pink Pickle Digital Marketing (also referred to as “we”, “us” or “our”). are subject to these Terms and Conditions (“Terms”).

1. Services: The services to be provided by us are set out in the quotation / marketing packages that you will receive via email.

2. Fees: Fees and charges for the services to be provided by us are set out in the quotation / marketing packages that you will receive via email. Quotations are valid for 30 days from the day they are emailed to you. We reserve our right to alter or decline a quotation after the expiry of 30 days. Payment for services is due by direct debit or direct bank deposit as set out in our payment terms.

3. Client Sign-Off: From time to time, you may be required to sign off on proofs and drafts provided by us. We take no responsibility for errors in the final materials that you have approved. We will take all reasonable steps to avoid mistakes when providing the services but shall incur no liability should errors be found after you have given approval.

Where client sign-off is not required or received, you agree not to hold us liable for any delays, errors or omissions in the materials provided or published. We shall incur no liability should errors be found.

4. Turnaround Time: We will do our best to deliver your project by any date or timeframe agreed between us. However, time is not of the essence, and you agree not to hold us liable for any delays, whatever the cause. We will not be held liable for any delay caused by any factors.

5. Payment: We will invoice you monthly. Invoices are normally sent by email on the 10th of each month. Payment terms are seven days from the date of the invoice. Invoices that remain unpaid for forty-two (42) days after the date of the invoice incur interest in the amount of 35% per invoice of the total gross amount due. All default invoices (forty-two days overdue), will be sent to our collection agency CCSG Collect Pty Ltd, with commission and fees charged to the client (35% of gross invoice).

6. Default: Invoices that remain unpaid for forty-two (42) days after the due date of the invoice will be considered in default. If you are in default, we reserve the right to suspend the performance of the services and remove any material from the public domain. You agree that we are not responsible for any loss of data or any other direct or indirect consequences as a result incurred due to the removal of any material or suspension of any service. Removal of such material does not relieve you of your obligation to pay any outstanding fees or charges.

6.A Pink Pickle Marketing reserves the right to stop providing services to the you the Client if there are two or more “default” invoices that remain unpaid.
6.B Pink Pickle Marketing shall notify the Client in writing before terminating services due to outstanding invoices. This written notice will specify the outstanding amounts and provide the Client with a grace period of seven (7) days to settle the unpaid invoices.

7. Client information: You may be required to provide us with documentation/information for the provision of the services. We accept no liability in connection with that documentation/information, which we assume is correct and current. You are responsible for providing us with login details, access or other information in a timely manner required by us to provide the services. Your failure to do so when we have conducted the services will not constitute grounds for any price reduction or discount.

8. Post-handover alterations: We may, at our sole discretion, make post-handover alterations. We do not accept responsibility for any alterations made by you or a third party once a project is installed, live and operational.

9. Domain names: We may purchase internet domain names on behalf of a client. Payment and renewal for those domain names are charged by and paid to us. We take no responsibility for any loss or cancellation of a domain that is brought about by your non-payment or late payment.

10. Termination: This Agreement may be terminated in writing by either party, with the following notice periods;

(a) If notice is given between the 1st and 21st day of a month (both dates inclusive) then the notice period is to the end of that month;

(b) If notice is given between the 22nd and last day of a month (both dates inclusive) then the notice period is to the end of the following month.

Note: for example, if you gave us notice of termination on 21 July 2022, then this agreement would terminate on 31 July 2022. If you gave us notice of termination on 22 July 2022, then this agreement would terminate on 31 August 2022.

11. Ownership: We retain full ownership of all items relating to the services, including (but not limited to) strategy plans, promotional plans and files, until full and final payment has been received for the services, at which time ownership is automatically transferred to you. Project methodology and process will be retained by us.

12. Copyright: You retain the copyright to data, files and logos you provide to us and grant us the right to use and publish that material. You must obtain permission to use any information and/or files that do not belong to you and grant us permission and rights to use that material. You agree to indemnify us for any claim resulting from your failure to obtain the permission or otherwise a breach of any third party’s intellectual property rights.

13. Intellectual Property: Any functions, coding, programming or other systems that we create to perform the services remain the property of us Pink Pickle.

14. Access Requirements: If your website is installed on a third-party server, we must be granted temporary access for any alterations or other tasks required to provide you with the services.

15. Disclaimers, exclusions and liability: We do not guarantee that the services will produce a particular outcome. We are not responsible in any circumstances to you for any increase in profit, loss of profit, or damage or loss, howsoever caused. Our total liability to you for any claims arising out of or in connection with services under any statutory right that cannot be limited is limited to the cost of re-supplying the services.

16. Confidentiality: Unless required to disclose by law, we will keep confidential any knowledge or information obtained during our engagement, which is confidential in nature relating to the business strategies, intellectual property, consumer data, products, services or processes related to you.

17. Acceptance: You will be deemed to have accepted these Terms by confirming acceptance with us in writing or by continuing to instruct us to provide you with services on your matter(s).

18. Entire Agreement: These Terms and any quotation provided to you are the entire agreement in respect of the provision of our services to you and supersede all previous representations, understandings or agreements.

19. Governing Law: These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the Courts of New South Wales.