Loofy Ltd Terms of Business

 

At Loofy, we like to make things as clear and simple as possible, so our terms are set out in 3 easy sections:

 

  1. Some key important Preliminary Terms;

 

  1. Our General Terms – these apply to all of our Services (see clauses 5 onwards below); and

 

  1. Our Service Specific Terms – these apply only to those Specific Services which you elect to purchase in addition to the Base Service (see Part C below).

 

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  1. Preliminary Terms – Important!

 

By registering with us, or otherwise using any of our Services or our website, you acknowledge and accept that:

 

    1. You have read and understood these terms, and have the authority to accept them as(or on behalf of) you our customer;

 

    1. You will be purchasing our Services solely for your business purposes, as that is what our Services are intended for. In addition, you acknowledge that:

 

      1. If you are an end purchaser of goods or services promoted by Loofy customers via our Services, then the supply concerned is made directly and solely from the Loofy customers concerned and not from Loofy;  and

 

      1. Loofy does not supply financial products or related financial advisory services, and that our Services are strictly limited to the scope of our Digital Products and related marketing Services as described in these terms and conditions;

 

    1. Any Personal Information you supply to us will be governed by our Privacy Policy

 

  1. General Terms

 

Term, Renewals & Termination (including any trial period)

 

  1. Commencement: These terms and conditions apply from the date you register to use any of our Services, or our website, until the date these terms and conditions terminate under clauses 5 to 13 below.

 

  1. Your term: There is a three month minimum contract term for Loofy Services. After which you can cancel in writing and we will terminate the contract after three billing cycles. Typically 90 days.

 

  1. If you purchase one or more Specific Services, then you agree to purchase those Services for any trial period we may (at our discretion) agree in writing to grant to you.

 

  1. Automatic renewal unless you terminate: Your services with Loofy will continue in perpetuity until cancelled. Cancellation of the services you choose to terminate will take effect two billing cycles from the date that you notify Loofy with your request to cancel. This request must be received in writing.

 

  1. Sales Order / Service Change Requests: Following your acceptance of a Sales Order, you may choose to upgrade or change one or more Services contained in that Sales Order but only if we agree at our sole discretion to that change at that time, in which case we may issue a new

 

Sales Order to apply if / when accepted by you. Variations so as to decrease an amount previously agreed by you in a Sales Order will take effect 60 calendar days following the date of your next monthly invoice.

 

  1. Breach: If either party is in material breach of this agreement at any time (the “breaching party”), then the other party (the “other party”) may give notice to the breaching party setting out the details of the alleged material breach and requiring the breaching party to remedy the breach within 14 (fourteen) days. If the breaching party fails to remedy that breach within that period then the other party may immediately, at any time afterwards, terminate this agreement by sending written notice of termination to the breaching party. Non-payment by you as customer of any sum due and payable to us will be deemed to be “material”.

 

  1. Suspension by us: We may suspend the provision of any Services to you immediately at any time if we have reasonable grounds to suspect that a breach of this agreement has occurred or is likely to occur. We will endeavor to notify you as soon as possible. This clause does not limit our other rights under this agreement, including as stated in clause 23.

 

  1. Liquidation: If either party goes into liquidation, then the other party may immediately, at any time afterwards, terminate this agreement by sending written notice of termination to the party in liquidation.

 

  1. After termination: If this agreement terminates for any reason:

 

    1. we will cease performing any further Services for you;

 

    1. each party will retain the rights and obligations it had under this agreement as at termination, including your obligation to pay us all current and future amounts due under all Sales Orders for the remainder of the Term that would have applied under clauses 21 and 22;

 

    1. we will be entitled to retain possession of all of Your Content (and you may not have access to any of it) until you have paid us in full, provided that this restriction does not apply to any personal information under our Privacy Policy;

 

    1. you must immediately cease using our Digital Products, and we may immediately terminate your access to those;

 

    1. your Loofy Account will be ‘frozen’ or suspended from further use unless and until and renewed agreement between you and us eventuates (if that occurs); and

 

    1. All links from our Digital Products and our related systems to any third party sites such as FaceBook and Google will immediately terminate.

 

    1. Loofy Websites: If you wish to close your website contract and have your website transferred to you, Loofy can provide a website migration pack for a cost of $1,000+GST subject to 12 months of web charges. i.e. if you have been invoiced for 12 months or more the transfer cost is $1,000, if you have been invoiced for 10 months it will be $1,000 plus two months website charges.

 

Provision of Services by us

 

  1. Specific Services: If you wish to purchase one or more of our optional Specific Services at any time (see section C) then we will generate a Sales Order for you to review and accept either electronically or by other means before both you and us become liable for the content, scope, Price and any other components of that Sales Order. All Sales Orders accepted by you form part of this agreement, including any applicable Specific Services terms set out in Section C below. We will endeavor to deliver our Services to a high standard, and with reasonable care and skill.

 

  1. Loofy Managed Campaign: Our rights: In relation to any of our Services, we may do one or more of the following at any time:

 

    1. Ask you to amend (or we may amend) any aspect of Your Content so that it complies with advertising standards or so that it otherwise complies with our Production Specifications and other requirements;

 

    1. Determine the category(s) within which Your Content will appear within our Services;

 

    1. Determine the placement of Your Content within those categories (and in relation to the placement of third party advertisements or other content within those categories);

 

    1. Ask you to substantiate any claims about your business, organization, products or services that you make in your Content, but without limiting clause 18 below;

 

    1. Revise any aspect of Your Content in order to meet requirements of Facebook, Google or any other third party platform provider;

 

    1. Refuse to accept or publish (or cancel or remove) Your Content if there is a failure to comply with this clause or this agreement at any time; or

 

    1. Engage any third party supplier to supply or assist us with supplying some or all of the relevant Service to you provided that we remain liable to you at all times, and although we will endeavor to contact you in advance, we may need to do any of the above things without prior notice to you.

 

Price and Payment

 

  1. Price: The Price for the Services you purchase will be as stated in the Sales Order we provide to you. You will be deemed to have accepted a Sales Order if you use the relevant Service as stated in the Sales Order. You agree to pay us the Prices as stated in that Sales Order, on time in accordance with clause 14. All Prices and any other fees and charges are in New Zealand dollars and exclude GST unless we state otherwise in the relevant Sales Order. You must pay us all applicable GST at the same time the Price is due for payment.

 

  1. Variable Prices / Third Party Pricing: Some Services (such as Facebook and Google advertising)

 

may use a variable pricing model. Those (or other) third parties we engage with as part of the Services you have purchased may vary their prices and other charges to us in any way from time to time. We cannot control that, and so if that occurs, we will be entitled to charge you for all such third party price variations, and you agree to pay such charges.

 

  1. Suspension Request: You may request that one or more of the Services you are purchasing be suspended for a limited period and restarted without incurring an additional set up charge. All such requests are subject to our prior written approval, which may or may not be provided (at our discretion) or with conditions attached. Even if we approve, some payments by you may still need to continue for that Service, which we would explain at that time. Suspension of any services will take effect 60 calendar days following the date of your next monthly invoice.

 

  1. Non-standard rates (discounts): If we have agreed in our Sales Order to charge you a fixed price (or a non rate card price) for a defined period of time, then at the end of the applicable

 

Period and for the remainder of your current Term and any renewed Term, you will be charged full rate card price for that Service. The maximum period of time available for non-standard or discounted prices is 12 months.

 

  1. Payment: The required method of payment or any payment options available will be set out in your Sales Order. If a Service uses an up-front payment model, you will be charged the entire amount for that Service in advance. If a Service uses a subscription payment model, you will be charged in regular installments for that Service. Installments are usually monthly (payable in advance), but sometimes other periods are available as may be set out in the Sales Order. Subscription amounts are payable for each period in advance, from the day of the Sales Order being signed, and then on the same date each month afterwards. The first payment is generally taken within 48 hours of signing the Sales Order, and we will not be required to start performing the relevant Service(s) until the first (or only) advance payment has been received by us in respect of that Service.

 

  1. Credit Checks: You accept that we may use any information which you supply to us, to undertake any credit checks with any third party credit agency which we consider necessary. We reserve the right to require payment in full in advance from customers who we consider do not meet our credit criteria, prior to providing any Services to such customers.

 

  1. Default : All amounts due and payable by you must be paid in full without set-off, counterclaim or any deduction whatsoever on or before that due date. If any payment due remains unpaid after its due date, we may invoke any of our rights under clauses 23 to 25, and we may also charge you interest at the rate of 18% (eighteen percent) per annum on all sums overdue, from the due date to the date all such amounts are paid in full. We will also be entitled to charge you for all of our costs of recovery, including our legal fees.

 

  1. Invoices: We will send you an electronic invoice by email for all amounts we are entitled to invoice you for.

 

Your other obligations

 

  1. In addition to your other obligations as stated in these terms, you must:

 

    1. Comply with our terms, conditions and policies required by third party suppliers, search engines, platforms and social media channels we use.

 

    1. provideuswithanyofYourContentasrequiredfLoofynyServicewithinanytimeframes we may state, or otherwise in a prompt and timely manner, as failure to do so may cause us to withdraw you from that particular Service even though you may remain liable for some or all of the related charges, or may cause us to reschedule the timing;

 

    1. make sure that Your Content as supplied to us or our associated third parties in connection with our Service:

 

      • is compatible with our Production Specifications;

 

      • is complete and accurate and is not misleading or confusing, this includes any representations about the product or service you are promoting, or claims about your business or organization and your membership of any business or trade associations;

 

    • is either owned by you or you have the rights to provide it, use it, and make it available for use and distribution by us as part of the relevant Service;

 

    • does not infringe anyone else’s intellectual property, privacy rights, or other rights and is not defamatory, offensive or obscene; and

 

    • complies with all relevant laws,regulations,codes and standards in relation to the relevant products or services, and does not breach any unsafe goods notice;

 

  1. ensure that your name, contact details and related information about you / your company are kept up to date with Loofy and are accurate at all times;

 

  1. not cause, permit or allow any damage, interference with, or other harm to our Digital Products, including our website, or any network or system underlying or connecting to them, or make any attempt to do so;

 

  1. not use a robot, spider, scraper or other unauthorized automated means to access our products or our website or any information featured on them for any purpose; and

 

  1. Co-operate with our staff and comply with their reasonable requests from time to time in a timely manner, including in relating to the approval of Content, test website links, the provision of logins, information and images as requested.

 

Our Digital Products and related Intellectual Property Matters

 

  1. Our Digital Products: Our Digital Products and other Intellectual Property we own will remain owned by us or our third party licensors as the case may be at all times. At no time during or after this agreement terminates will you obtain any proprietary interest in relation to any of these items we own. You merely obtain a limited, non-exclusive license to use those of our Digital Products which we allow you to purchase the right to use as part of the Service, within the scope, duration and intended use requirements as stated in this agreement or as otherwise communicated by us to you from time to time.

 

  1. No copying etc: You must not attempt to copy in anyway, or reverse engineer, decompile, or otherwise misuse any of our Digital Products at any time. You must not use our name, trademarks, brands or logos in any way without our prior written consent.

 

  1. Purchased Content: With regard to Purchased Content (i.e. Content purchased by you from us):

 

    1. You will become the owner of that Content but only once you have paid us in full for all charges associated with the creation and supply of that content and related services (i.e. to a final useable state) in accordance with the relevant Sales Order(s). From the time of creation of any Purchased Content until the time you have paid us in full as per this clause, we will be the sole legal and beneficial owner of all such Purchased Content; and

 

    1. you are solely responsible for registering any ownership to the associated Intellectual Property at your cost (when you have full legal title),and you acknowledge and accept that we cannot and do not warrant that any such Content will be supplied to you free of any third party claims, whether at the time of delivery to you or at any time in the future.
    2. You agree to allow us to use any of your Purchased Content and any other items from Your Content in the ‘Show Case’ section of our website, for the purpose of promoting these digital assets (without further charge to you) for other current or prospective customers of ours to view, and which will involve some without charge promotion of your business – and all done in a manner, timing, categories and approach as we may reasonably determine from time to time and without any fees or charges being payable by us to you.
  1. Your Content: Your Content, as supplied by you to us, remains owned by you or your third party

licensors as the case may be at all times. At no time during or after this agreement terminates will we obtain any proprietary interest in relation to any of these items you own. However, we may prevent or restrict your access to some or all such Content until you have paid all fees and charges owing to us in respect of any Service we supply to you. We merely obtain a limited, non license to use Your Content for the purpose of supplying the Services which you request, to you.

 

  1. Warranty: You warrant to us that our use of Your Content in accordance with this agreement will

not result in any claim against us or any of our associated third party suppliers at any time. If any such claim does arise, and without limiting our other rights and remedies, we may immediately cease using (and may take down or remove) any of Your Content which we believe relates to any such claim.

 

Privacy, Security & Confidentiality

 

  1. Privacy: As stated in Part A of these terms, any Personal Information associated with you or any person within your organization that is provided to us, is governed by the terms of our Privacy Policy.

 

  1. Security: Our Digital Products are supplied using some of the latest technology, including in relation to the security of the data you supply to us. However, as many of our Services are supplied using the Internet, and as the Internet is widely acknowledged as being insecure, we are unable to guarantee that all your data as supplied to us will be kept safe and secure all of the time even though we will use all reasonable endeavors to do so, and will comply with the applicable law in this regard too. We may also use third party hosting or other service suppliers to receive, store and process your data as part of the delivery of our Services to you. You confirm that this is acceptable.

 

  1. Confidential Information: We accept that certain information which you supply to us is not intended for public viewing or use (excludes any of Your Content which is intended to be promoted or other published online as we agree with you. You accept that we, including our officers, employees, contractors, have the right to view and use your Confidential Information (which may include Personal Information) for the purpose of supplying those Services to you which you have ordered, or for administering your account with us or in relation to this agreement. Any information which you receive from us and which is not in the public domain must be treated as confidential information by you, and must not be disclosed or otherwise used by you (other than for your own internal business purposes in relation to this agreement) without our prior written consent.

 

Exclusions, Limitations & Indemnities

  1. Limitation: Subject to clauses 37 to 40, our liability, including that of our officers, employees,

contractors and agents, to you, will at all times, whether for breach of contract, in tort, in equity or for any other cause of action whatsoever, be limited to the lesser of: a) the total fees and charges which you paid to us for Services purchased in the six month period immediately preceding the date of your written claim, or the first claim if a series of related claims; and b) $5,000.

 

  1. Exclusions: We will not be liable to you in any way for any indirect or consequential loss, or any loss of profits, revenue, or loss of data or other Content, or for any breach of this agreement by us

due to an event or circumstance which is beyond our reasonable control. Any projected business growth related forecast that may be provided by us from time to time is a non-binding forecast only. You must seek independent financial, tax, legal and other professional services advice in respect of your desired business goals, plans and projections.

 

  1. Exclusions: Due to the inherent uncertainties associated with providing any services online via the Internet and related computer systems, we are unable to guarantee that our Services will be supplied uninterrupted and fault free at all times. You accept this.

 

  1. Use of Third Parties: We may, as part of the Services, supply you with links to, or data from third party suppliers. Although we will take reasonable steps to ensure the accuracy and completeness of such links and data, we are not liable for any error, inaccuracy or omission in relation to such items.

 

  1. Entire Agreement: This agreement (and the terms of any Sales Order(s) accepted by you) constitutes the entire agreement between you and us. No other terms apply. All representations which may have been made by either you or us before these terms were agreed, and all other provisions which may otherwise be implied into this agreement by operation of law, are excluded from this agreement but only to the extent permitted by law. In particular, due to your acceptance that both parties have entered into this agreement solely for business purposes, both parties agree to exclude the operation of sections 9, 12A, 13, or 14(1) of the Fair Trading Act 1986, and also the Consumer Guarantees Act 1993 (to the extent they might otherwise apply). Both parties acknowledge and confirm that these exclusions are fair and reasonable to both parties in the context of this agreement.

 

  1. Indemnity for breach: You agree to indemnify us and our officers, employees, and contractors (together the damage, cost or expense which any of the Indemnified Parties suffers or incurs as a result of a breach of these terms and conditions (or our Privacy Policy, Advertising Policy or other related terms and conditions) by you or any employee, contractor or agent engaged by you.

 

General

 

  1. Variations: We may vary the terms of this agreement so as to apply when your term is renewed under clause 22, or at any time if we are doing so for all of our customers who purchase the relevant Service. We will send you an email in advance if we do this. You agree to accept all such variations subject to your right to not renew (when applicable) as stated in clause 22. Right to change term: Loofy in its sole discretion reserves the right to introduce a minimum term period of any other Specific Service you may purchase at any time. Notification of any intended minimum term period will be advised in writing to you and will take effect no sooner than 60 calendar days following the date of your next monthly invoice.

 

  1. Disputes: If either you or us has any issues or concerns about this agreement or our wider business relationship, we agree to set those concerns out reasonably, in an email to the other party, after which we must use all reasonable endeavours to discuss or meet to try to resolve the issue amicably. This step must be taken before any other legal action is taken by either party, other than in respect of any monies owing by you to us, or in respect of any urgent interlocutory relief.

 

  1. Notices: You may send any notices to us via our given contact details. Please supply us with your customer number when doing so. We may send notices to you via the email address you register for you with us.

 

  1. Relationship: Unless expressly stated otherwise in these terms, we are not your agent and nor are you our agent. Both parties enter into this agreement as independent contractors.

 

  1. No Assignment: You must not assign any of your rights of obligations under this agreement to any third party without our prior written consent. We may assign our rights or obligations under this agreement to any third party of substance who purchases the whole or a substantial part of our business at any time. We may do so without prior notice to you, or the need to obtain your consent. We will be released from all liability to you from the date of any such assignment by us.

 

  1. Severance: If any of these terms are held to be invalid, unenforceable or illegal for any reason by a competent court or tribunal, the remaining terms will continue in full force and effect.

 

  1. Governing Law & Forum: This agreement is governed by the laws of New Zealand and each party irrevocably submits to the non – exclusive jurisdiction of the courts of New Zealand.

 

  1. No waiver: No failure or delay on the part of either party to exercise any right or remedy under this agreement is a waiver of such right or remedy unless it is in writing and signed by the party purporting to waive its rights.

 

  1. Priority: If there is any conflict between the provisions of this agreement and any Sales Order, the provisions of the Sales Order will prevail.

 

Defined Terms

 

  1. The following terms used in this agreement have the following meanings:

 

    1. Business Day means any day in Auckland other than a Saturday, Sunday or Public Holiday.

 

    1. Content includes text, graphical or other data in any form, and also includes logos, other designs, photos, sound and video recordings.

 

    1. Digital Products means the SaaS software, apps, online tools and templates, and other digital products, or other Content or Intellectual Property which we (or our licensors) own, and which we allow you to use in accordance with the terms of this agreement.

 

    1. Intellectual Property includes copyright, trademarks, designs, patents, know how, confidential information or any other intellectual property as exists anywhere in the world at any time.

 

    1. Loofy managed Campaign is that Specific Service described as such in Part C of these terms.

 

    1. Personal Information has the meaning as given in the Privacy Act 1993.

 

    1. Price means our price and other charges for supplying one or more Services to you, as set out in a Sales Order.

 

    1. Privacy Policy means our Privacy Policy as updated from time to time and found on our website .

 

    1. Production Specifications means the various Service production requirements (e.g. Content form or layout) for each particular Service which we specify from time to time.

 

    1. Purchased Content means Content which you request us to create or otherwise generate for you as part of one or more of the Services and which is described or referenced in a Sales Order, but excludes all Digital Products.

 

    1. Services means any Specific Services purchased by you from time to time.

 

    1. Specific Services means those Services supplied by us as set out in Part C of these terms, as may be added to or otherwise varied from time to time in accordance with this agreement.

 

    1. Sales Order means an electronic (or paper) sales order generated by us (either by one of our Account Managers or via one of our selfone or more of our Specific Services by you, and which is accepted by you.

 

    1. Term means the duration of this agreement as determined in accordance with clauses 19 to 25 (inclusive).

 

    1. We/our’s/us means Loofy Limited and our successors and assigns.

 

    1. Website means our website at loofy.co.nz or any other websites that we may create and make available to you from time to time, and includes any mobile app forming part of our Digital Products.

 

    1. you/your means the person, company, partnership or other legal entity accessing or using our website, Digital Products and Services, and includes their executors, administrators, successors and permitted assigns.

 

    1. Your Content means Content which you or your nominated third party provider creates, generates or otherwise sends to us for use as part of any of the Services.

 

 

  • Service Specific Terms

 

 

Important: The provisions set out in this Part C are in addition to those set out in Parts A and B above. If

you have terms in this Part C from time to time, so keep an eye out, as we will publish our amended terms and conditions on our website. Continuing to use or receive our products and services will mean that you agreeto our changes.

 

 

  • Website

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we will provide

 

→ A WordPress based website with 10 page initial set & meta description). 1 dynamic contact form (up to 5 fields included), 1 gallery (pre populated with up to 10 images provided by client), 1 image slider (recommended up to 5 separate slides/images ), social media icons and links, 1 sidebar widget area, 1 footer widget area and an embedded video. You can add an unlimited number of additional pages yourself via the content management system (CMS).

→ An email address for your business to use for the duration of the contract period (up to 5).

→ Professional copywriting and design service. Website designs are based on a choice of standard templates only. We will build your website as per the agreed template.

→ 12 months website hosting, including 1 domain name for your business registered for 12 months and 12 month SSL Certificate.

→ Access to a password protected content management system (CMS) to help you update your website.

→ An online training video on how to use the CMS.

→ Google Analytics tool to help you monitor the effectiveness of your website.

 

What you need to do

 

→ Provide copy and images (stock photography can be sourced at an additional cost) in a timely manner as requested by us.

→ The professionally written, SEO optimised copy will need to be approved in a timely manner, as

requested by us. Two rounds of alterations are included. Any further changes will incur an additional charge.

→ You must approve the design mock development of the site itself begins. Two rounds of alterations are included. Any further changes will incur an additional charge.

→ Approve website test link in a timely manner as requested by us.

→ Provide details/instruction regarding the domain name in a timely manner as requested by us.

 

 

  • E-Commerce website

 

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we will provide

 

An online shopping platform. This includes the ability for your consumers to buy products listed

in the store with a credit card via an online payment gateway. Loof Ltd uses PayPal as a payment gateway. You may incur additional costs if you choose to use a different payment gateway.

→ Responsive WordPress template with 10 products pre description, images and prices, SE) meta data (title & meta description). You will have the ability to add more products yourself.

→ Professional copywriting and design service. The E- commerce website designs choice of standard templates only. We will build your website as per the agreed template.

→ 12 months website hosting, including 1 domain name for your business registered for 12 months and 12 month SSL Certificate.

→ Shipping set up (fixed rates).

→ Category tree set up.

→ Access to a password protected content management system (CMS) to help you update your website.

→ WordPress dashboard customisation.

→ An online training video on how to use the CMS.

→ Google Analytics tool to help

→ Helpdesk support.

Backup functionality included (customer can make personal backups before altering anything via

the CMS).

 

What you need to do

 

→ Provide copy and images (stock photography can be sourced at an additional cost) in a timely manner as requested by us.

→ The professionally written, SEO optimised copy will need to be approved in a timely manner, as requested by us. Two rounds of alterations are included. Any further changes will incur an additional charge.

→ You must approve the provided design mock of the site itself begins. Two rounds of alterations are included. Any further changes will incur an additional charge.

→ Approve website test link in a timely manner as requested by us.

→ Provide details/instruction regarding the domain name in a timely manner as requested by us.

→ For the Paypal integration, we will need you to sign up to a Paypal Business account and provide us with the email address related to that account. In some occasions we will need the actual login details to configure Paypal.

 

 

  • Logo

 

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we will provide

 

→ Five initial draft logo design choices.

→ Final logo art work. Two rounds of changes are included. Any further changes will incur an extra cost.

→ Final logo artwork to you in .eps, .jpg, .png and print

→ A Logo guide to your logo, including logo options, logo usage, colour specifications and typography.

What you need to do

 

→ Once we’ve provided you with the initial design choices, you will need to select one of those as your final logo (in a timely manner as requested by us).

→ Please provide your Account Manager with all the business card details you require.

 

  • AdWords (Google AdWords Search, Google AdWords Display, Google AdWords Video)

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we will provide

 

→ We will setup your Google AdWords and Youtube Advertising campaigns

→ We will setup conversion tracking which means we will create a Google Tag Manager (GTM) code and a Google Analytics code if you don’t already have one

→ Once your advertising campaign is up and running, we campaign runs, to try to deliver the best traffic for your spend.

→ Monthly reports.

→ We will do our best to keep you notified of any changes or instructions from Google that affect you but you agree that we are not responsible for any of Google’s decisions or the way Google runs the Google AdWords programme. While we will do our best to optimise your results, we can’t guarantee your Google AdWords search position. position or the number of clicks , impressions, leads, that a campaign delivers.

 

What you need to do:

 

→ If you already have Google Analytics, we need admin access to link our AdWords account to your Google Analytics account.

→ You are only allowed one Google AdWords account (which includes AdWords search, AdWords display or AdWords for video) at any one time. So you can have a Google AdWords account that is currently active.

→ You need to be aware of and agree that we need to pass certain information about you on to Google. This includes the information in the signup form, as well as your name, email, address and other contact information that we already hold about your business. By signing up, you agree that we can do this. We security policy.

→ We will create a Google Tag Manager (GTM) code This MUST be placed onto your site before we can set the campaign live either by you or your developer, or if it is our site then we will place this for you.

→ You need to comply with Google http://adwords.google.com/support.as if you were a customer. This includes things like :

  1. not advertising anything illegal.
  2. granting Google the right to use your name and trademarks to advertise your business.
  3. complying with Google’s editorial guidelines, trademark guidelines, and other policies (these are also available at http://adwords.google.com/support). This includes Google’s rules on advertising alcohol, gambling, fireworks and other restricted products and services.

→ You need to be aware Google also has rules about the content of any advertisement, and has a general right to reject or remove any advertisement, and update or change the Google AdWords programme at any time. And if Google tells us to do something, we will do it.

 

Ownership

 

→ You don’t own your Google AdWords advertisement or keywords. If you no longer want a Google advertising campaign from Loofy, we can’t transfer your Google AdWords advertisement, targeting lists or keywords to you.

 

Charges

→ Your fixed budget covers the cost per click we pay to Google, and a management fee that we keep for setting up and managing your Google AdWords advertising campaign. Please note: While we make best efforts to manage the campaign in line with your budget, the exact spend with AdWords over any month will vary depending on the market conditions. In the event of over/underspend we will endeavour to adjust the spend accordingly to compensate. This spending adjustment will have a short term impact on performance. You agree to these service specific conditions.

 

→ Loofy might not be able to provide your Google AdWords advertising campaign for the full period. For example, Google might terminate the programme part way through a contracted term. If this

happens, we will refund you the amount of the Google AdWords portion (60%) of your fixed budget you have prepaid, proportionate to the time remaining in the quarter.

 

 

  • Facebook Advertising

 

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we’ll provide:

 

→ Will place advertisements for your business on the Facebook platform on your behalf.

 

→ Once your Facebook Advertising campaign is up and running, we’ll then modify and optimise it to try to deliver the best traffic and interaction for your spend. While we will do our best to optimise your results, we do not provide any guarantees or warranties regarding the results of your Facebook Advertising campaign.

 

→ Monthly reports.

 

What you need to do:

 

→ Sign off content and images (where needed) in a timely manner as requested by us.

 

→ Please be aware each social media site is governed by its own terms and conditions, which change from time to time. When we create an account for you on Facebook and Twitter we are acting as your agent and accept those terms and conditions on your behalf.

 

Here are links to the terms and conditions of Facebook for your information:

 

→ https://www.facebook.com/page_guidelines.php

 

→ You agree to us using your password(s) for Facebook as your agent to the extent required to carry out the Social services and agree to make us admin of and give us access to your page.

 

Important information you need to know

 

→ When you cancel Loofy Facebook Advertising we will then remove your advertisements from the Facebook Advertising programme as soon as reasonably possible after we get your termination notice and have verified that it is genuine.

 

→ Loofy might not be able to provide your Facebook Advertising campaign for the full fixed term. For example, Facebook might terminate the programme part way through a term. If this happens, we’ll refund you the amount of the Facebook advertising portion of your fixed budget (60%) that you have prepaid, proportionate to the time remaining in the term.

 

Charges

 

→ Your fixed budget covers the fees we pay to Facebook, and a management fee that we keep for setting up and managing your Loofy Facebook Advertising campaign. Usually 60% of your fixed budget will be spent on advertising with Facebook, unless we agree with you otherwise.

 

→ While we take all reasonable care to manage the campaign in line with your budget, the exact spend with Facebook over any month will vary depending on the market conditions. In the event of over/underspend we will endeavour to adjust the spend accordingly to compensate. This spending adjustment will have a short term impact on performance.

 

 

  • Social

 

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we’ll provide:

 

→ Content plans during the contract term designed by us and agreed with you for your Facebook and Twitter platforms (either your existing accounts or as set up by us for you as part of Social product).

 

→ Once the content plans are agreed, 3 posts per week by us on your behalf on each of your Facebook and Twitter platforms. The posts will be consistent with the content plan.

 

→ Posts will include your own images and photographs if you have given them to us, otherwise we will select images from our library of stock images.

 

→ We will not post any other content on your Facebook and Twitter platforms other than as set out above. We will not respond to customer complaints on your Facebook and Twitter platforms, but if we become aware of them we will notify you about the complaint so you can respond.

 

→ While these are the social media sites we currently provide posts for with Social, we reserve the right to add and remove social media sites from the Social product from to time.

 

What you need to do:

 

→ Sign off content and images (where needed) in a timely manner as requested by us.

 

→ Please be aware that posts by Loofy on your behalf must not be edited in any way or deleted.

 

→ Please be aware that each social media site is governed by its own terms and conditions, which change from time to time. When we create an account for you on Facebook and Twitter we are acting as your agent and accept those terms and conditions on your behalf.

 

Here are links to the terms and conditions of Facebook and Twitter for your information:

 

→ https://www.facebook.com/page_guidelines.php

 

→ https://www.twitter.com/tos

 

→ You agree to us using your password(s) for Facebook and Twitter required to carry out the Social services.

 

 

  • Photoshoot

 

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we’ll provide:

 

→ Single location professional photo shoot (New Zealand only – costs to be agreed)

 

→ Professional editing and post production completion services.

 

→ Talent, props/equipment, location fees are not included unless we agree otherwise in writing.

 

What you need to do:

 

→ You will need to book the shoot in with us within our required time frames.

 

→ Supply people, props and other items to be agreed with us.

 

→ Please be aware of our booking policy. If you cancel your booking five Business Days or less before the booked shoot date, there is a cancellation fee of $350.

 

 

  • Video

 

 

Note: The terms below are in addition to those terms in Parts A and B above:

 

What we’ll provide:

 

→ Single location professional photo shoot (New Zealand only – costs to be agreed)

 

→ Shoot planning and scripting

 

→ Professional editing and post production completion services,

 

→ Background music and voice over if preferred (additional music copyright licensing charges may apply)

 

→ Change requests (editing): Two changes inclusive – further changes will incur an extra cost.

 

→ Talent, props/equipment, location fees are not included unless we agree otherwise in writing.

 

What you need to do:

 

→ You will need to book the shoot in with us within our required time frames.

 

→ Supply people, props and other items to be agreed with us.

 

→ Please be aware of our booking policy. If you cancel your booking five Business Days or less before the booked shoot date, there is a cancellation fee of $350.