Terms of Service

TERMS & CONDITIONS

INTERPRETATION AND DEFINITION

In this agreement, the following terms shall have the respective meanings assigned to them:

• “Agreement” means these Terms and Conditions, Service descriptions, Terms of Use, Payment Terms, and the Proposal and any addenda. In the event of any conflict between the terms of this Agreement for the provision of Services, the details of the Proposal shall prevail, except for payment terms where the Payment Schedule shall prevail.

• “Client” means the Company that enters into an agreement with WebGator, its employees, agents, representatives, and sub-contractors, to whom the Service is provided.

• “Commencement Date” means the date of commencement of the Services as set out on the signed Letter of Engagement or from the date that the Client makes a payment in advance for a Plan.

• “Fees” means the amounts payable by the Client for the Services provided by WebGator as detailed in the Proposal.

• “Payment Terms” means the agreed schedule of payments that the customer shall make to WebGator for the provision of services forming part of these Terms and Conditions.

• “Proposal” means the brief or quote for the project provided by WebGator that outlines the services sought by the Client and determines the Services to be provided by WebGator.

• “Plan” means the fixed monthly payment schedule for Services rendered by WebGator.

• “Project” means the work related to the Plan or Proposal.

• “Services” means the services that WebGator currently offers, details of which are on the WebGator website, including but not limited to SEO, Google Ads management, Facebook and Social Media advertising, Conversion Rate Optimization (CRO), and Website Development and Maintenance.

• “Site” means the WebGator website at www.WebGator.com.au.

• “WebGator” means WebGator Pty Ltd ACN 609 487 541, Digital Marketing Agency.

GENERAL

This Agreement is by and between WebGator Pty Ltd, its Clients, their heirs, assigns, agents, and contractors and is made effective as of the date of electronic execution. By accessing the WebGator website, you acknowledge and agree that you have read, understood, acknowledged, and agreed to be bound by all the terms and conditions of this Agreement.

TERMS OF SERVICE

WebGator offers internet marketing services that include, but are not limited to: Search Engine Optimization (SEO), Google Ads management, Facebook and other Social Media advertising, Conversion Rate Optimization (CRO), Link Building, and Website Development and Maintenance.

IMPLEMENTATION OF WEBSITE DEVELOPMENT AND MAINTENANCE SERVICES

1. WebGator provides website development and maintenance services, primarily supporting WordPress, Wix, and Shopify platforms.

2. WebGator will use reasonable efforts to maintain, update, and troubleshoot websites as part of the agreed services but does not guarantee uninterrupted functionality.

3. WebGator is not responsible for website downtime, security breaches, hacking, or other disruptions that may impact a Client’s website.

4. WebGator does not provide a Service Level Agreement (SLA) for response times or guaranteed resolutions.

5. Clients are responsible for ensuring regular backups of their website data unless explicitly agreed otherwise in writing.

6. WebGator will not be liable for losses, damages, or loss of income due to website malfunctions, security incidents, or third-party service outages.

7. If malware removal or hacked site recovery is required, additional fees may apply.

IMPLEMENTATION OF SEO SERVICES

1. WebGator agrees to provide search engine optimization services according to industry-standard practices.

2. WebGator does not guarantee specific rankings, traffic increases, or conversions.

3. WebGator may add content and backlinks to improve rankings.

4. Client acknowledges that SEO is subject to search engine algorithm changes and third-party factors beyond WebGator’s control.

5. WebGator is not responsible for any adverse ranking changes caused by third-party modifications or Google penalties.

6. WebGator does not take responsibility for the Client’s website modifications that may negatively impact rankings.

IMPLEMENTATION OF GOOGLE ADS MANAGEMENT

1. WebGator will manage Google Ads accounts for Clients in accordance with the terms set out in the Proposal. If no such terms appear in the Proposal, this clause does not apply.

2. Client expressly permits WebGator to create and manage Google Ads accounts on their behalf.

3. WebGator will configure and optimize campaigns to maximize performance based on the Client’s goals but provides no guarantees on ad performance, ROI, or lead generation.

4. WebGator is not responsible for any policy violations or suspensions issued by Google.

IMPLEMENTATION OF FACEBOOK AND SOCIAL MEDIA ADVERTISING

1. WebGator agrees to manage Client’s Facebook and/or Social Media advertising campaigns as per the agreed specifications set out in the Proposal.

2. Client acknowledges that Facebook and other social media platforms have strict advertising policies and may reject or remove advertisements at their discretion. WebGator is not liable for such actions.

3. Client agrees to supply all necessary creative assets, including images, ad copy, and video materials unless agreed otherwise.

4. WebGator makes no guarantees regarding conversion rates, engagement, or sales derived from social media advertising campaigns.

IMPLEMENTATION OF CONVERSION RATE OPTIMIZATION (CRO)

1. WebGator provides CRO services, including but not limited to A/B testing, landing page optimization, website usability improvements, and analytics tracking.

2. While WebGator employs best practices and data-driven methodologies, no guarantee is made regarding specific improvements in conversion rates.

3. Client agrees to provide necessary access to their website, analytics, and advertising accounts to enable CRO services.

4. WebGator is not responsible for any negative changes in performance due to third-party modifications to the Client’s website.

NO GUARANTEES CLAUSE

Client acknowledges that WebGator does not guarantee:

1. Specific rankings in search engine results.

2. Any minimum number of leads, sales, or conversions from Google Ads, Facebook Ads, or CRO services.

3. Uninterrupted services or that platforms such as Google and Facebook will not change their algorithms, policies, or suspend accounts without warning.

4. That paid advertisements will always run effectively or be accepted by Google, Facebook, or other platforms.

5. That third-party changes to Client’s website will not affect performance.

By engaging WebGator’s services, the Client understands that results may vary due to numerous external factors beyond WebGator’s control.

PAYMENT TERMS

1. Client agrees to pay in full before work commences, unless otherwise agreed in writing.

2. Recurring services are billed monthly and require payment in advance.

3. Payments are non-refundable once work has commenced.

4. WebGator reserves the right to suspend services for non-payment.

TERMINATION

1. Either party may terminate services with 30 days’ written notice unless otherwise stated in the Proposal or Agreement.

2. If a minimum contract period applies, the Client is responsible for all payments outlined in the contract.

3. WebGator reserves the right to terminate services immediately if the Client violates terms, engages in fraudulent activity, or fails to make timely payments.

By engaging with WebGator, you acknowledge and agree to these Terms & Conditions.