Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
Google / Google Ads / Search Engine means Google and Google Ads except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / Nicholas Fritzkowski ABN 37 254 484 533 trading as Nicholas Fritzkowski Digital Consultant.
Account refers to any Google account created by Nicholas Fritzkowski Digital Consultant in the course of providing services to the customer and the data pertaining to such Google accounts.
- The Initial Set Up Fee is payable in full before the setup of your Google Ads accounts will begin.
- The Management Fee for your Google Ads account will be charged in advance on monthly basis.
- Nicholas Fritzkowski Digital Consultant will automatically debit your supplied credit card (Mastercard or Visa Card) for the Google Ads management fee agreed on.
- Nicholas Fritzkowski Digital Consultant reserves the right to stop managing your Google Ads account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Nicholas Fritzkowski Digital Consultant management fee will stop immediately and no further payments will be charged.
- If you wish to suspend or cancel your Nicholas Fritzkowski Digital Consultant management of your Google Ads accounts at any time then please let us know by phone or email.
- Upon cancelling Nicholas Fritzkowski Digital Consultant management, all amounts owing to Nicholas Fritzkowski Digital Consultant will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
- All prices quoted on our website including emails and proposals are in Australian dollars and are GST exclusive.
- Nicholas Fritzkowski Digital Consultant reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 30 days.
General Google Ads Terms & Conditions
Whilst Nicholas Fritzkowski Digital Consultant are managing your Google Ads account the following terms and conditions apply:-
- By entering this Agreement with Nicholas Fritzkowski Digital Consultant you give us permission to access your Google Ads account for the purposes of optimisation and management of your online business.
- Nicholas Fritzkowski Digital Consultant will endeavour to set up your Google Ads accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
- Nicholas Fritzkowski Digital Consultant management (with Nicholas Fritzkowski Digital Consultant management fees) is a separate service from the “per click” fees that Google Ads will charge you. Cancellation of your management does not automatically stop your Google Ads advertising from running and incurring Google Ads “per click” fees. Nicholas Fritzkowski Digital Consultant will not be liable for any amounts that Google Ads charges you following the cancellation of your management with Nicholas Fritzkowski Digital Consultant. If you wish to cease advertising online at the same time that you cancel your Nicholas Fritzkowski Digital Consultant management, please notify us in writing so that we can cancel your Google Ads online advertising as well. Alternatively, you may choose to directly access your own Google Ads account to arrange cancellation.
- For clarity, please note that:-
(a) Nicholas Fritzkowski Digital Consultant is not Google, Google Ads, Facebook, Bing or Yahoo;
(b) Nicholas Fritzkowski Digital Consultant is affiliated with Google by being a “Google Premier Partner”. However despite this affiliation with Google, Nicholas Fritzkowski Digital Consultant is a separate entity from Google.
- Nicholas Fritzkowski Digital Consultant will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Nicholas Fritzkowski Digital Consultant do not guarantee any particular rate of return or performance of any online advertising on Google Ads (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google Ads account for your business and/or websites.
- Nicholas Fritzkowski Digital Consultant is providing an internet marketing service for a competitive price. Nicholas Fritzkowski Digital Consultant is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
(a) Nicholas Fritzkowski Digital Consultant will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
(b) The maximum liability of Nicholas Fritzkowski Digital Consultant to you is the lesser of:-
(i) the sum of Setup Fees and Management Fees you have paid to Nicholas Fritzkowski Digital Consultant, or
(ii) the cost of re-supplying the online advertising services ; or
(iii) the cost of rectifying the online advertising problem which has caused your loss.
- These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
- These Terms and Conditions can be modified at any time by Nicholas Fritzkowski Digital Consultant. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
- If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
- You warrant to us that you will use the services provided by Nicholas Fritzkowski Digital Consultant under this Agreement for business purposes (and not predominantly personal, domestic or household use).
- To the extent that Copyright subsists in any text that we create for your Google Ads account/s pursuant to this Agreement; We assign copyright in such text to you. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.
Intellectual Property and Account Ownership
Any Google Ads accounts, documentation, systems, design, materials, methodologies, and processes created in the course of providing services to the customer shall remain the property of Nicholas Fritzkowski Digital Consultant. All documentation, systems, design, materials, methodologies, and processes created in the course of providing services to the customer may only be reproduced or resold with the permission of Nicholas Fritzkowski Digital Consultant.
Termination of Services
At the conclusion of Nicholas Fritzkowski Digital Consultant providing services to the customer, the customer will have the option to pay a fee to get full access to the account. This access is sufficient to continue work or transfer any data and its performance. The account itself will not be handed over and remains the intellectual property of Nicholas Fritzkowski Digital Consultant unless this payment is made as per the pricing guide.
If you wish to terminate your Google Ads service with us a 2 weeks notice is required.