Terms and Conditions
Marketing Agreement Terms and Conditions
In this agreement “we” “us” or “our” means Life is For Living (LIFL) and “you” means the client. We will provide the Services to you from the commencement Date subject to these terms and conditions. If you wish to engage us for any period after the completion of the Services, we will
negotiate a mutually acceptable arrangement.
- Provide the Services in a conscientious, timely and professional fashion;
- Not do anything which may cause the reputation or goodwill of your business to be
detrimentally or prejudicially affected;
- Comply with your reasonable directions; and
- Provide staff and equipment sufficient to carry out the Services.
We warrant that we have the necessary professional skills to perform the Services.
Services are offered for a minimum of 3 months, or by agreement.
Either you or we can terminate this agreement at any time by giving at least 7 days’ notice after the
three month period.
You can terminate this agreement at any time by giving written notice effective from the date of the
notice if we breach these terms and conditions and fail to rectify that breach, or we cease to provide
the Services or we are insolvent.
Payment is requested within 7 days of invoice. Invoices will be issued at the end of each month and will include register of work, hours and full report. These agreements are set at a rate of $50 per hour. LIFL is not registered for GST and as such will not charge GST on invoicing. LIFL will advise you
of the approximate time frame for completion of work as planned.
If this agreement is terminated before the Services are completed, you will pay us all fees for Services performed up to the date of termination, including for Services performed during any period of notice given by one party to the other party.
We will be entitled to recover from you our reasonable legal costs and expenses for bringing and maintaining legal and other any action to recover outstanding debts.
We will not provide Services in excess of the agreed number of hours specified in the Proposal without your prior written consent.
You acknowledge that we may enter into similar arrangements with other customers to providesimilar and other services to those other customers.
Conflict of Interest
We must notify you of any matter that may give rise to an actual or potential conflict of interest.
If we have access to or become acquainted with confidential information concerning your business and customers, we will not at any time while we are providing the Services or after the end of this agreement:
- Copy or use the confidential information for any purpose other than for your the benefit without your consent; or
- Disclose the confidential information to any other person except in the proper performance of the Services or with your consent, except where the confidential information is required to be disclosed by Law.
You will own all the strategy documents and working papers produced by us. Also a non-transferable license to use to use the Materials produced by us exclusively for you, provided that you have paid all moneys due and payable to us in respect of the Services provided to you.
We will own all the intellectual property rights in all LIFL materials (“Materials”) such as brand workshop process documents, our proprietary process and approach.
Licences and Responsibilities
- LIFL grants the exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the Creative Assets supplied solely in connection with the promotion and marketing of the business.
- The Client does not have the right to generate a profit from the inclusion of any design or illustrative element supplied by LIFL on any sale item without the approval of LIFL. You will advise LIFL of any planned items offered for sale to the public as part of a specific campaign and will abide by the royalty conditions outlined.
As our Client you are expected to:
- Provide access to people as and when required and respond promptly, to especially journalists and media enquiries.
- Appraise staff and other necessary parties of our activities.
- Provide at your expense any information, materials, samples and assistance as we shall reasonably require to provide the services.
- Be responsible for the accuracy, truth and completeness of any information given and for the actions or omissions of any persons providing assistance to us on your behalf.
- Respond to enquiries and requests for information promptly.
- Ensure that the use and reproduction of all artwork, copy and other work provided by you to us will not infringe or be alleged to infringe any third parties’ intellectual property rights.
- Provide us with access details to your business social media accounts and as required website.
- All services performed will be governed by the Laws of all the States and Territories of Australia including Federal Laws. All work will be conducted in accordance with the relevant standards and ethical requirements of the Public Relations Institute of Australia.
- LIFL shall not be liable for any delay in, or omission of, publication or transmission or any error in publication, unless caused or contributed to by an act or omission of the Consultancy.
Any notices or other communications will be sent to your address unless you advise us of another address is notified to of contact person. Agreement with T&C’s is by way of acknowledgement.