Action Communications is a niche branding and marketing agency that works with specialist agencies to deliver a range of research, branding, digital and marketing services.

PLEASE REFER TO THE FOLLOWING TERMS & CONDITIONS:

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Action Communications provides brand, market, and related research services for client businesses to help with strategic planning.

This is the process and terms of engagement.

DEFINITIONS

“Company” – Action Communications Australia Pty Ltd (Trading as Action Communications). For the purposes of these terms and engagement,  “Company” includes “Research Partner” – Our Research Partner Agency manages complex research requirements. They have 30 plus years full-time experience as a research provider and are members of: The Research Society, QRCS (Qualitative Research Consulting Association) and MRS (Market Research Society UK) .

“Client” – Company listed in Brief particulars

“Participants” – people to be researched.

PROCESS

  1. Consultation

A complementary 1-hour client consultation is provided to understand your requirements. You will need to advise who you think you want to research, what you are wanting to discover and your budget.

We will provide a quote within 2 weeks. This will also provide a timeline for your project.

The process we undertake will vary depending on the type of research methodology that is recommended. The following outlines some common elements and other elements that may apply.

  1. Research Design

Following appointment we embark on the Research Design stage which covers Objectives, Scope, Target Market, Research Type, Logistics and materials required, and timeline. (You can read more about our Research Services here)

It also outlines what the “Company” is responsible for and what the “Client” is responsible for, such as Gratuities to research participants, as well as clarifying client involvement / expectations.

Two rounds of review are provided in this stage as we finalise research design, dates, location & timing.

  1. Develop questionnaires for recruitment and survey

Two rounds of “Client” reviews are provided in this stage. This stage also includes testing of any software / online surveys.

  1. Implement & Manage Recruitment Campaign

This includes development of any design graphics, social media advertising, vetting of applicants with additional questionnaire as required / launching online surveys. Recruitment can take 2-3 weeks.

  1. Finalise logistics

If an in-person survey, finalise venues, catering, product for testing, gratuities and participant confirmation and other elements.

  1. Conduct Research

Focus Groups, Sensory testing, telephone interviews or field work takes place.

  1. Process findings, analyse and develop report

This generally takes up to 2 weeks after the final group of people have been surveye / or online survey closes. The report will draw conclusions on common themes, challenges, strengths, main observations of perceptions / consumer behaviour and findings, and any clear out-takes. It won’t translate the research into branding and marketing recommendations as such, though will be valuable to the development of plans and campaigns.

  1. Presentation of findings

We present the findings to the “Client” and answer any questions, either in person or via a Zoom or Teams presentation. 1 hour is allowed for this.

OTHER TERMS

  1. Database provided by Clients

Where a Client provides a database for phone survey, 1-on-1 group interviews or Focus Groups, it is the “Client”s responsibility to contact participants initially and obtain their agreement to be involved.

  1. Stalling of Research

In the event a Client provides the database of Participants to be researched and our quote is based on surveying/ interviewing a defined number of Participants, where all reasonable measures have been made to contact ‘Participants ’ within the allocated research period per the timeline, and we are unable to secure the agreed number of Participants due to: incorrect contact details; inability to physically speak to the target; unwillingness by the target to participate as advised by email, SMS or phone call, then this research component will be agreed to be completed.

In the event that a Client’s project is postponed due to factors outside of the Client’s controls, or within the Client’s control, and where this results in additional client liaison or project management meetings, beyond what has been allowed for in our quote, then additional fees will apply.

  1. Your Responsibilities

The Client must do all things reasonably necessary, and supply Action Communications in a timely fashion with all materials reasonably required by Action Communications, in order for Action Communications to perform the services.

  1. Privacy & Data Records

We DO NOT provide a “Client” with any of the following:

  • Recordings of any sessions – due to participant confidentiality and our engagement policy of working with participants.
  • Any Raw Data – ditto. The exception being for jobs where this is part of the engagement brief for further statistical analysis of figures and won’t include personal details.
  • Personal details of participants other than demographic group summaries per the target audience.

Participant Personal Data and Recordings are deleted from our systems within 30 days of the completion of a project.

Any Client-provided database is deleted from our system within 30 days of use.

We will NEVER use any Client-provided database for any other project, unless we have written direction or permission from the Client”to do so.

  1. Non-Disclosure Agreements

We understand that many research projects are highly confidential in nature, around sensitive business issues or innovations and may require us receiving additional background material. We are happy to sign non-disclosure agreements for research projects.

  1. Education-related Research

Action Communications staff working on school sites carry current Queensland Government-issued Working with Children Blue cards.

  1. Disbursements

Flights, accommodation, airport parking, taxis, and a per diem food allowance will be charge where travel beyond 1 hour drive from Brisbane is required to undertake the research or Client meetings. The 2022 per diem rate is $120 per day for food and incidentals, which is lower than ATO recommended allowances.

Extras such as printing, photocopying, artwork, photography, stationery, postage, couriers, room hire, vouchers/gratuities, and catering will be on-charged upon final invoice.

  1. Invoicing

Invoicing for Research Projects is as follows:

25% payable upon appointment.

25% payable 5 business days prior to physical surveys being conducted, along with gratuities – or within 14 days of online surveys going live.

50% balance payable within 14 days of report being presented, along with any disbursements / incidentals.

Clients are advised to budget for a 10% contingency.

  1. Additional Work

Any additional changes, development, surveying or reporting work beyond what has been allowed for in our quote and these terms will be charged at standard rates of $50 for 15 mins or $195/ hr ex GST. (1 hour: $195, 45 mins: $150, 30 mins: $100, 15 mins: $50 ex GST)

  1. Jurisdiction

This agreement is to be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts and Tribunals of Queensland and of the courts hearing appeals from those courts and Tribunals.

 

Action Communications in partnership with our Design Agencies create new brand identities including unique brand logos for client businesses.

This is the process and terms of engagement.

DEFINITIONS

“Company” – Action Communications Australia Pty Ltd (Trading as Action Communications)

“Design Agency” – The Design Agency Action Communications engages to produce design creatives that best suits your budget, deadlines and other requirements.

“Client” – Company listed in Brief particulars

PROCESS

  1. Consultation

A 1-hour client consultation is provided to understand your requirements (complementary for new client engagements.) You will need to advise the budget you have for the development of your logo.

We will provide a quote within 2 weeks. This will also include a timeline for your project.

  1. Name Development

If the project requires development of a new name, this will need to be preceded by a brand workshop. Research may also be required.

As part of a Brand workshop we will agree on a maximum of 7 objective requirements to be used to judge the suitability of names to be presented. These being:

  • IP Australia Clearance #
  • Domain Name Availability #
  • Meta Handles (Facebook and Instagram)
  • Competitor Clearance
  • Certain (prioritised) Brand metrics (3 max)

By mutual agreement with the “Client” we will also decide on whether a tagline is required.

Names presented that meet these requirements will be deemed to have met the brief.

Based on “Client” input, an additional naming round can be provided (maximum of 4 hours). In this round, we will provide our recommendations as to the best name for your business/entity. While you may choose otherwise, this name project will be deemed to be FINAL and DELIVERED at this stage.

Any further work beyond this is to be charged at our hourly rate – see ADDITIONAL WORK below.

# On 12 April 2021 a new set of rules for the .au country code top level domain (ccTLD) comes into effect.  See

https://support.netregistry.com.au/s/article/com-au-and-net-au-rule-changes

“… that the domain name being applied for is identical to the words which are the subject of an Australian Trade Mark.  The domain name must include all the words in the order in which they appear in the Australian Trade Mark, excluding:

      • DNS identifiers such as com.au
      • punctuation marks such as an exclamation point or an apostrophe;
      • articles such as ‘a’, ‘the’, ‘and ’or ‘of’; and
      • ampersands.”

If your name is not an exact match of the words in the trademark, you will be ineligible to hold that .com.au or .net.au  domain.

Example

Under the new rules, if your trademark is “A Pretty Horse Carousels”

You could have:

      •  aprettyhorsecarousels.com.au
      •  prettyhorsecarousels.net.au

But not:

      •  phc.com.au
      •  Carousels.net.au
      •  Aprettyhorse.com.au
      •  horsecarousels.com.au
  1. Securing Name & Clearances

Action Communications will present names that, to the best of our knowledge and preliminary research, are available for use and on brand. It is the “Client’s” responsibility to:

  • engage any lawyers or other professionals to confirm IP and Trademark availability and registration in regions you wish to trade
  • purchase the Domain Name (and any other related names, e.g. com, .com.au, .au and so on)

While likely offered by Domain Name companies, we do not recommend purchasing hosting at this stage when you secure and register your domain name.

  1. Logo Brief

In consultation with the “Client” we will create a Logo Brief document for you to sign-off before engaging a “Design Agency”.

First round designs will likely take between two and three weeks. Designs are reviewed by Action Communications initially and may go through a second round with the “Design Agency” before sending to the “Client”.

Depending on the brief and budget,  3-5 designs will be submitted.

During the first review of designs, Client is to narrow the selection down to 1-2 designs with feedback on amendments, tweaks to these designs.

During the second review, Client is to choose 1 design and can provide additional tweaks to this design.

Once the design is submitted per “Clients’s” second round changes the design stage is deemed to be finished and delivered and this is the FINAL design.

Design work can continue post this stage according to our hourly rates. Refer to ADDITIONAL WORK below.

  1. Logo Files

Digital Logo files will be provided to the client in popular and agreed formats: jpegs, png, svg,  including mono and reverse out designs. AI files can also be provided,

Style Guide: A basic 1-page style guide will be provided with the design files which outlines logo colours (RGB, CMYK and Hex) and typefonts used.

A more extensive Style Guide can be developed, depending on brief and budget.

  1. Brand Roll-out

If part of the brief, the following will then be developed:

  • Digital email Signatures
  • E-Letterheads / Printed Letterheads
  • With Comps / Envelopes
  • PowerPoint Templates
  • Social Media Avatars
  • Other Marcom or Merchandise as required.
  • Website
  1. Additional Work

Any additional changes or work beyond what has been allowed for in our quote and these terms will be charged at standard rates of $50 for 15 mins or $195/ hr ex GST. (1 hour: $195, 45 mins: $150, 30 mins: $100, 15 mins: $50 ex GST)

  1. Timeline

The timeline for logo development varies widely according to requirements, e.g., enhancement of an existing logo is a much shorter undertaking than development of a new name and logo.

As part of the project brief, we will develop a timeline that works for both parties. In the main, we do our best to meet realistic timelines.

Timelines are pending complete information being provided and feedback provided in a timely manner, as well as a defined client decision maker. E.g. Any names or logo designs to be approved by Committees are likely to extend timelines and costs.

In the event of sign-off of a FINAL new business name or FINAL logo design being stalled due to Committees being unable to agree on names or design — yet the name or logo meets the brief — the work will be deemed to be completed and the client will be charged for the full project, less 1 hour of time for digital design files not being provided.

  1. Invoicing

All elements of Brand & Logo development require 50% payment upfront before commencement of work. For new client engagements receipt of payment is required before work can commence. The final 50% balance  of work is payable within 14 days of completion of that stage of the work. This applies to (i) Brand Workshop, (ii) Name Development, (iii) Logo Development, and (iv) Brand Rollout. All invoices are strictly 14 days.

Action Communications and our “Design Agency” retains full ownership and IP of any chosen name or logo until final payment has been received.

  1. IP of Other Brand Name & Logo Designs

Action Communications and our “Design Agency” retain full IP and ownership of all brand name suggestions and logo designs put forward and not adopted by the “Client”. We reserve the right to use these for our own or other non-competitive client engagements.

Your engagement of our services is for the provision of 1 x Brand Name and 1 x Brand Logo Design, unless the brief is for a brand family or suite of names and designs. The files owned by the client will be the ones provided digitally for their use.

  1. Jurisdiction

This agreement is to be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts and Tribunals of Queensland and of the courts hearing appeals from those courts and Tribunals.

Website Development:  Creation of Website, Content Management System (CMS), Foundational SEO

Action Communications works with partner agencies to deliver complete and effective websites primed for Google.

DEFINITIONS

“Company”” – Action Communications Australia Pty Ltd (Trading as Action Communications)

“Client” – “Company” listed in website quote and project particulars

“Web Agency” – Website agency responsible for website design and development

“SEO Agency” – Digital agency responsible for SEO advice

PROCESS

The following outlines our approach to Website development & the phases of the development:

  1. Project Brief, Sitemap, SEO Terms

The quote will provide a costing for content copy with and without website optimisation (Foundational SEO). The “Client” will need to confirm whether they want a brochureware site or a website optimised for Google and to what extent.

If site is to be optimised for SEO, then we engage our “SEO Agency” and SEO research and analysis gets underway to feed into the planning process.

A project brief is created along with a site map.

Both are approved by the “Client” before being provided to our “Web Agency”.

At this stage the website may be requoted based on the requirements of brief, website size, and functionality required (e.g. forms, e-commerce, member area logins etc.)

  1. Home Page

The Home page copy will be created and approved by the “Client”.

A B&W wireframe will be created and approved by the “Client”. This will identify sub-site linkage pages.

A colour PDF of the Home Page will be provided for approval.

Two rounds of changes are allowed for in this stage

  1. Content Development

The copy will be developed according to the terms of arrangement (i.e. editing of “Client”-provided copy, updating of existing website copy or creation from scratch (and with SEO as decided).

Any copy provided by “Client” is to be provided in Microsoft Word documents.

Two rounds of copy changes are allowed.

  1. Other Page Designs

Other page designs showcasing the branding, look and feel of the site will be created for sign-off according to the brief and quote.

Two rounds of design changes are allowed for in this stage.

  1. Images

“Client” guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to “Client” for inclusion on the website above are owned by “Client”, or that “Client” has received permission from the rightful owner(s) to use each of the elements. Images will need to be curated – i.e. the “Client” will need to provide a short selection of suitable images, not hundreds of images for us to make selections from.  They will need to be at least, 300DPI,  1MB in size and 1920px wide.

Alternatively stock images can be provided within the quote for a set number of pages.

  1. Development

 The final site will be developed to match the designs, sitemap and copy provided (including Foundational SEO if part of the project). We develop concurrently for desktop and mobile.

Once finalised, this will be available for review on a secured link, for approval & testing before being deployed to live servers.

One round of changes is allowed for each page on the live site, including any forms.

  1. Testing & Deployment

We will fix any bugs & ready the website for deployment.

We will test for current browsers and platforms – this will be outlined in your website proposal and agreement.

  1. Live Transfer

If our Web Agency is hosting the site, we will send it live and submit to Google for indexing. We will advise you when your site is live. If the site is to be hosted by your hosting provider, then we will arrange for the transfer of the new site for them to upload.

  1. Re-directs

If this is part of the project brief and budget, we will do re-directs on old website pages that do not exist on the new site.

  1. Training

We will provide 1 x 90 min training session for staff responsible for ongoing updates to the website. 

  1. Ongoing Support

We can provide ongoing updates to your website for a monthly retainer or project fee.

  1. Hosting, Maintenance (of plug-ins) Back-up and Security

Our “Web Agency” can provide these services for a fee. Information will be provided in your initial quote.

  1. Additional Work

Any additional changes or work beyond what has been allowed for in our quote and these terms will be charged at standard rates of $50 for 15 mins or $195/ hr ex GST. (1 hour: $195, 45 mins: $150, 30 mins: $100, 15 mins: $50)  All prices are  ex GST.

  1. Timeline:

 The timeline for website development varies widely according to:

  • Size of site
  • New site or upgrade to existing
  • Amount of “Client” involvement (provision of content, images etc.)
  • Project brief inclusions
  • Work already booked in with Action Communications and our Web agency and SEO Agency
  • Any major deadlines that you may need to meet

As part of the project brief, we will develop a timeline that works for both parties. In the main, we do our best to meet realistic timelines.

Timelines are pending complete information being provided and feedback provided in a timely manner. 

  1. Invoicing

Website development will be paid progressively, with an initial upfront amount of 20% to be paid upon commencement and other amounts issued once certain milestones are met. This will be outlined in the website quote. The final payment of a website must be paid within 14 days of the site going live. All invoices are strictly 14 days.

Action Communications and/or our Web Agency retains full ownership of the website until final payment has been received.

  1. “Client” Provisions

“Client” will be required to provide the following:

If you have a current Google Analytics access to the account manager

If you have a hosting account which your current site is on, we will require your Web Hosting logins with your current provider for the following

  • FTP
  • Cpanel
  • Username
  • Password
  1. “Company” Availability

Our office hours are Monday to Friday 9-5 pm and closed on the weekends, public holidays, and gazetted holidays. Our offices are closed for 2 weeks every Christmas with staff taking other annual leave throughout the year as per normal work conditions.

We generally respond to technical requests within 24 hours however this can fluctuate depending on our level of demand. And we endeavour to resolve issues within 3-5 business days. Our Web Agency will advise you if the job is charged or a technical error with the hosting or other factor.

  1. Foundational SEO

“Client” acknowledges the following with respect to services:

If contracted to undertake Foundational SEO, this is a once-off service undertaken to improve the likelihood of your “Company”’s/ certain website pages being found on Google for the nominated search terms.

This works has been beneficial to numerous clients in the past however:

  1. No guarantee of results is provided
  2. Several factors are essential to boosting your rankability – many of these will need to be adopted
  3. Ranking is a process that takes time
  4. Any Foundational SEO results attained are not guaranteed to last due to certain search terms being very competitive and other organisations investing more heavily in SEO and digital work to improve their rank

Foundational SEO is part of our IP and not included in website or other training.

 “Company” has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. “Client” site may be excluded from any search at any time at the sole discretion of the search engine or directory.

The “Company” is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the “Client’s” website.

On acceptance of Foundational SEO inclusion on “Client’s” website, keyphrases selected for Foundational SEO are mutually agreed to by the “Client” and the “Company”. These Keywords are set for the Initial Website development Term and cannot change.

  1. Jurisdiction

This agreement is to be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts and Tribunals of Queensland and of the courts hearing appeals from those courts and Tribunals.

From time-to-time Action Communications arranges and provides hosting services through one of our digital partner agencies, “Our Web Hosting Partner”.

By purchasing any hosting or additional service or product from “Our Web Hosting Partner”, you (“The Customer”) are entering into an agreement with “Our Web Hosting Partner” that is bound by the Terms of Service (“TOS”) outlined in this document. This Agreement shall be construed in all respects in accordance with the laws of the state of QLD, Australia applicable to contracts enforceable in that state. By completing the ordering process, you agree to have read, understood, and be bound by these Terms of Service.

Important

* If you update your email address please update us as soon as possible, our automated hosting software will continue emailing addresses on file which could lead to expired domains and down time*

  1. DEFINITIONS

1.1 Hosting service – Any shared, reseller, virtual, or dedicated service used to store and deliver web-based content.

1.2 Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers one off charges for additional work carried out by an Our Web Hosting Partner staff member.

1.3 Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of the the web-based content within a hosting service. This includes but is not limited to disk space, Memory, CPU, Bandwidth

1.4 Subscription – The term (monthly, quarterly, semi-annually, annually) applicable to the purchased service.

1.5 Members Portal – An account management interface for managing the billing aspects of hosting or additional services purchased including invoices, contact information, and domain registrations.

  1. FEES

2.1 Payment – Establishment of any hosting or additional service is dependent upon receipt by Our Web Hosting Partner of payment of stated charges as outlined on the Our Web Hosting Partner website or any other documentation or custom quote provided to The Customer. Subsequent payments are due on the anniversary date of the subscription term in advance for the following subscription term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior to payment being required for any custom quotations or services ordered via phone.

2.2 Setup Fee – The Customer agrees to pay in advance and in full any amount of a non-recurring nature required for the initial deployment of the purchased hosting service. Any such fees are listed as setup fees in the service description or will be disclosed in any custom quotations prior to any server provisioning, equipment acquisition or installation by Our Web Hosting Partner.

2.3 Recurring fee – All subscriptions for hosting services provided by Our Web Hosting Partner are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service.

2.4 Non-Refundable Fees – Certain fees paid to Our Web Hosting Partner are considered non-refundable due to the nature of the product or service purchased and this includes but is not limited to the following:

2.4.1 Third Party Products – Products supplied by Our Web Hosting Partner or sub-contracted third parties where Our Web Hosting Partner acts as a reseller for another provider (e.g. domain registrations, SSL certificates, third party product licences) are provided as non-refundable products and refunds cannot be provided once the product has been activated on an account.

2.4.2 Advanced Administration Time – Services where additional labour is to be carried out by Our Web Hosting Partner staff are non-refundable once the additional labour has been carried out.

2.5 Additional Resource Usage fees – Should Customer exceed the total amount of included hosting resource utilisation as described in Service Definitions. Customer agrees that overage fees will apply and be due immediately.

2.6 Invoices and Statements – invoices are provided to The Customer by email using the contact email address assigned to the Customer or any additional billing contacts within the Our Web Hosting Partner billing system. Invoices cannot be sent via postal mail or any other courier style service.

2.7 Statements – Our Web Hosting Partner does not provide written or printed statements. However, an account’s invoice history can be provided for an additional service fee.

2.8 Failure to Pay – Our Web Hosting Partner may temporarily deny service or terminate this Agreement upon the failure of The Customer to pay a subscriptions applicable recurring fee where the fees reach 28 days past due. Such termination or denial will not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by Our Web Hosting Partner may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.

  1. REFUNDS, DISPUTES AND CANCELLATIONS

3.1 Money Back Guarantee – Our Web Hosting Partner provides a 30-day Money Back guarantee for shared or reseller hosting services and a 10-Day Money Back Guarantee for Dedicated, VPS, or Cloud hosting service ordered under a subscription period of quarterly or greater.

3.2 Refunds – All payments to Our Web Hosting Partner are non-refundable, except where the money back period is applicable and the refund request is made within 30 days of the service signup date. One time setup and additional fees are non-refundable except where an ordered hosting or additional service cannot be provided by Our Web Hosting Partner. Where an ordered service cannot be provided but an alternative service is provided in its place, all applicable one-time setup fees will remain payable. Refunds are not provided automatically and must be requested by the customer within 30 days of requesting cancellation.

3.3 Disputes – All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Our Web Hosting Partner’s sole discretion is a valid charge under the provisions of these Terms of Service, you agree to pay Our Web Hosting Partner an “Administrative Fee” of not less than $50 and not more than $150

3.4 Service Cancellation by The Customer – Our Web Hosting Partner provides an ongoing recurring service which will remain active until such time as The Customer submits a cancellation request by completing the online cancellation form available within their Members Portal. Requests for cancelling accounts must be submitted within 2 business days prior to the next due date to ensure no further fees are payable. Email your account manager to start the process.

3.4.1 No Cancellation Fee – Our Web Hosting Partner does not charge a cancellation fee and does not refund prepaid fees except where the Money Back Guarantee is applicable.

3.4.2 No Access to Account – If The Customer wishes to cancel a service and is unable to access the Members Portal for any reason, The Customer must make contact with Our Web Hosting Partner via phone or support ticket to obtain necessary login information or instructions to proceed with the cancellation request.

3.4.3 Customer Data – Upon successful cancellation of a hosting service, all data stored within the cancelled service will be removed. Our Web Hosting Partner does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.

3.5 Service Cancellation by Our Web Hosting Partner – Our Web Hosting Partner may cancel The Customer’s hosting service for any breach of these Terms of Service or the AUP without prior notification. Our Web Hosting Partner does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.

  1. ACCOUNT OWNERSHIP

4.1 Account Owner – The highest authority of a single Members Portal Account is considered the Account Owner. Individual hosting or additional services that are associated with an account, are controlled by the Account Owner and modifications and updates to an account’s information can only be actioned by the Account Owner or their Authorised Additional Contact. The Account Owner is established at the time the account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or “fake” names for the details of an Account Owner. Accounts containing fictitious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.

4.2. Account Information – The Customer warrants that all information provided to Our Web Hosting Partner is truthful and correct and accurate and up to date and that the person designated as the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer or on behalf of The Customer as indicated on the relevant application form.

4.2.1 Maintaining Account Information – The Customer is responsible for maintaining the contact information stored within their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue fees, or warnings issued by Our Web Hosting Partner.

4.3 Authorised Additional Contact – The Account Owner may add and authorise an additional contact person or persons to act on their behalf. The Account Owner is limited to adding one additional billing contact and a maximum of three additional technical contacts and account’s found to have more than the allowed maximum additional contacts will be requested to remove the excess to ensure adherence to the limits.

For any additional contact added to an account to be able to request account modifications, the Authorised Additional Contact must be configured as a sub-contact with their own login information and have appropriate permissions set. If the Authorised Additional Contact is not activated as a sub-account, the contact will only have limited permissions to support for a service and will not be able to request configuration changes to the hosting or DNS.

4.4 Account Transfer – The Account Owner role can be transferred to another Authorised Additional Contact or Our Web Hosting Partner Customer by contacting our billing support team to obtain the appropriate steps. To contact billing support via the ticket system please visit our website

4.5 Account Closure – An account will be automatically deactivated when no active hosting or additional services are being operated under the account.

  1. DOMAIN REGISTRATIONS, TRANSFERS AND RENEWALS

5.1 Domain Registrations – successful domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional information to complete the registration and Our Web Hosting Partner provides no guarantees that an ordered domain registration will be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular domain prior to placing any domain registration orders.

5.1 Domain Transfers – Domain transfers typically take 5-7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au domains which take 72 hours once final authorisation has been actioned. Our Web Hosting Partner has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with Our Web Hosting Partner.

5.3 Domain Renewal – Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. Our Web Hosting Partner has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain.

  1. GENERAL TERMS AND SUPPORT BOUNDARIES

6.1 Support Boundaries – Our Web Hosting Partner provides technical support to its direct customers only and does so in accordance with it’s defined support boundaries. Our Web Hosting Partner’s support is designed to assist customers with the use of and connections to the hosting service and does not extend to diagnosing or fixing issues that relate to the coding of a website or web application hosted within The Customer hosting service.

6.1.1 Support to Customers of The Customer – Our Web Hosting Partner does not provide direct technical support to customers of The Customer. Resellers, Affiliates, Dedicated and VPS customers, and customers who have multiple individual hosting accounts under a single Members Portal account must not advise their customers to contact Our Web Hosting Partner directly and should instead contact Our Web Hosting Partner on their customer’s behalf. Our Web Hosting Partner is happy to assist with all support issues that fall within the scope of our support boundaries when contacted by The Customer.

6.2 Advanced Support – Where Our Web Hosting Partner can and agrees to provide advanced support to The Customer, additional service fees are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the time estimated by Our Web Hosting Partner for the additional task to be carried out. Our Web Hosting Partner provides no guarantees that an issue or task will be resolved within the estimated time, and if further time is required, additional advanced support time will need to be paid for prior to any further labour being carried out.

6.3 Responsibility for Content and Account Activity – The Customer is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Our Web Hosting Partner infrastructure, other client accounts hosted by Our Web Hosting Partner, or the external systems of visitors viewing the hosted content.

6.3.1 Acceptable Usage – The Customer must ensure at all times they comply with Our Web Hosting Partner’s Acceptable Usage Policy(AUP) and must not host any content or allow any account activity that breaches the AUP. Breaches to the AUP are governed by the following conditions:

6.3.1.1 First violation – When Our Web Hosting Partner determines a hosting service has violated any element of the AUP, The Customer shall receive an email warning advising of the violation. The hosting service may at Our Web Hosting Partner’s discretion be subject to a temporary suspension pending The Customer’s agreement in writing to refrain from any further violations.

6.3.1.2 Second Violation – When Our Web Hosting Partner determines a hosting service has committed a second violation of any element of the AUP, the hosting service shall be subject to immediate suspension or termination without further notice.

6.3.1.3 Suspension of Service or Cancellation – Our Web Hosting Partner reserves the right to suspend access to The Customer’s hosting service if in the judgment of Our Web Hosting Partner The Customer’s service is the source or target of the violation of any of the terms of the AUP or these terms of service. If inappropriate activity is detected, all accounts of The Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured and in extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the hosting service is suspended.

6.3.2 Web applications – The Customer must ensure all web applications utilised on the hosting service are kept secure, patched and up to date. Open source applications are vulnerable to attacks via exploits in the software, and the developer’s of the software generally provide updates when vulnerabilities have been detected. It is The Customer’s responsibility to install any and all updates/patches to maintain the application’s security. If The Customer does not have the required skill to perform the updates, The Customer will need to employ the services of a Web Developer who is able to assist.

6.3.3 Maintaining Compatibility – The nature of shared hosting environments and server applications such as Apache, PHP and MySQL is that they are constantly being updated to maintain stability, performance and security. Keeping web based applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility with changes in server applications. Our Web Hosting Partner incrementally updates all server applications on a regular basis and it is the responsibility of The Customer to maintain installed web applications to ensure compatibility with the latest stable and supported releases of all server applications.

6.4 Resource Usage – All hosting services purchased have a variety of resource limitations applied in accordance to the applicable plan associated with the service. It is The Customer’s responsibility to ensure their hosting service does not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue the smooth operation of a hosting service.

6.4.1 Resource Usage Abuse (excludes Dedicated Server Customers) – Our Web Hosting Partner implements per account resource restrictions on all Shared, Reseller and VPS hosting services which will vary from plan to plan. In addition to these, customers must not:

  1. Use 50% or more of the allocated CPU resources for more than 60 seconds.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run an account on any shared or reseller server as a file store for content not related to the operation and delivery of their web applications or that may breach the Our Web Hosting Partner AUP.
  4. Run any type of indexing software on any shared or reseller server.
  5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  6. Run any type of bit torrent application or tracker or participate in any illegal file-sharing activities.
  7. Run cron tasks on a shared or reseller server with intervals of less than 5 minutes.
  8. Run excessively large MySQL databases on shared or reseller servers. Databases with an excessive number of MySQL tables (in excess of 1000) or of a size greater than 1GB can negatively affect the performance of the server and are strictly forbidden.
  9. Run any MySQL queries longer than 15 seconds on shared or reseller servers. MySQL tables should be indexed appropriately and regularly maintained to ensure individual tables do not contain an excessive number of rows.
  10. Store multiple backups of a hosting service on any shared hosting server. Backup archives created by a server’s backup tools are designed to be downloaded off the server for maintaining offsite backups. Making backups that contain other backup archives can cause heavy load on the storage arrays and is strictly forbidden. Any hosting services found to have multiple backups on the server may have them removed without prior notification.
  11. Generate backups on Shared or Reseller Hosting for accounts consuming greater than 15GB of disk space. You must first contact Technical Support and then a backup will be generated for you.
  12. Store emails in the trash folder for longer than 30 days. Emails that have been in the Trash folder for more than 30 days will be automatically deleted.
  13. Use excessive VPS Resources due to misconfiguration. Where a customer has a self-managed or managed VPS we may make minor configuration changes without notice if that server’s configuration is negatively affecting other VPS Servers on the same host node.
  14. Store files in the cPanel trash folder. When files are deleted using the File Manager in cPanel they are temporarily stored in the cPanel Trash Folder. This folder containing deleted files will be automatically cleared every 30 days.

6.4.2 Inodes – Every file and directory hosted on Our Web Hosting Partner servers uses 1 inode and accounts considered to be using an excessive number of inodes on shared or reseller servers will be required to upgrade their hosting service or remove some of the files from their hosting service. For shared and reseller hosting services an inode count of 250,000 or more is considered excessive and is generally the result of issues within a web application or a web application configuration that is not appropriate for a shared hosting environment. We recommend maintaining less than 100,000 inodes per account for optimal performance. For VPS hosting an inode count of 4,000,000 or more is considered excessive.

6.4.3 Bandwidth / Data Transfer Monitoring – Bandwidth / Data Transfer is monitored in a variety of ways across our range of services as outlined below:

  1. Shared Business and Reseller hosting plans that include “Unlimited” bandwidth are only monitored for high usage. This is done to ensure services using large amounts of bandwidth are doing so in accordance with our Terms of Service.
  2. All bandwidth is monitored on a calendar month cycle and may not correspond to the exact billing cycle of the service.
  3. Customer alerts are sent to the registered contact email address on file prior to any fixed bandwidth quota being reached. It is the customer’s responsibility to contact Our Web Hosting Partner to apply a suitable upgrade or addon for the affected service to cover any extra usage beyond the fixed plan quota.
  4. For Personal and Business hosting plans with fixed bandwidth quotas, exceeding the assigned quota will result in overage charges being applied. To avoid the higher overage charges, the service needs to be upgraded to the next plan that provides sufficient bandwidth to meet the customer’s requirements.
  5. For Reseller hosting plans with fixed bandwidth quotas, exceeding the assigned quota will result in the Reseller service and all sub accounts being suspended until the plan is upgraded with additional bandwidth. to purchase additional bandwidth, the service needs to be upgraded to the next plan that provides sufficient bandwidth to meet the Reseller’s requirements.
  6. For VPS plans with fixed bandwidth quotas, exceeding the assigned quota will result in overage charges. To avoid the higher overage charges, the service needs to be upgraded to the next plan that provides sufficient bandwidth to meet the service’s requirements.
  7. For Dedicated and Virtual Dedicated Server plans with fixed bandwidth quotas, exceeding the assigned quota will result in overage charges. To avoid the higher overage charges and purchase additional bandwidth at a significantly cheaper rate, additional fixed blocks of bandwidth can be purchased on a one off or ongoing monthly basis. A number of unmetered bandwidth options are also available for all Dedicated and Virtual Dedicated services.

6.4.4 Bandwidth Abuse – Our Web Hosting Partner reserves the right to shape, suspend, or terminate the service of any customer that is causing issues or performance problems for other customers on the Our Web Hosting Partner network. Our Web Hosting Partner reserves the right in a situation where a customers traffic is causing unviable costs to its business to either charge the customer at a rate that is viable (change plan/rate) or suspend/terminate the service.

6.5 Media Streaming – Our Web Hosting Partner does not allow media streaming on Personal Hosting, Business Hosting, Reseller Hosting or VPS plans. Customers wishing to deliver media-streaming services should use our Dedicated Server Plans. Services that are found to be in breach of this clause face immediate suspension without prior notification.

  1. THIRD PARTY TOOLS, APPLICATIONS AND LICENSES

7.1 Third Party Applications and Licenses – Our Web Hosting Partner may provide access to additional third-party software and/or services (“Third Party Products “) through reseller or other commercial agreements Our Web Hosting Partner has established with certain vendors (“Third Party Vendors”). Unless otherwise stated, The Customer understands that product support for Third Party Products is provided by Our Web Hosting Partner and not by the Third-Party Vendor. Neither Our Web Hosting Partner nor any Third-Party Vendor makes any representations or warranties, express or implied, regarding any Third-Party Products. The Customer expressly acknowledges and agrees that use of Third-Party Products is at The Customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Our Web Hosting Partner or any Third Party Vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Our Web Hosting Partner nor any third-party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. The Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or Our Web Hosting Partner with respect to any improper use of such Third-Party Products or violation of license agreements with them and/or applicable end user subscriber agreements.

7.2 Microsoft Licensing – Where licensing for Microsoft software has been purchased through Our Web Hosting Partner, the customer agrees to abide by the Microsoft Licensing terms, and where user licenses are being purchased, it is the customer’s responsibility to ensure they accurately report and obtain the appropriate level of user licenses for their uses as outline in Microsoft’s licensing terms.

7.3 Feature Availability – Our Web Hosting Partner provides no guarantees that any or all of the features available within a Third-Party Product will be supported or made available to The Customer. It is at the sole discretion of Our Web Hosting Partner to determine which features are enabled and whether Our Web Hosting Partner will provide support for the use of enabled features.

  1. ADDITIONAL LEGAL INFORMATION

8.1 Disclosure to Law Enforcement – Our Web Hosting Partner’s AUP specifically prohibits the use of our service for illegal activities and The Customer agrees that Our Web Hosting Partner may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the The Customer. Our Web Hosting Partner reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.

8.2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the Our Web Hosting Partner Network. Violations of system or network security may result in civil or criminal liability. Our Web Hosting Partner will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:

  1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which such User is not entitled.

8.3 Disclaimer – Whilst every effort is made to ensure the information provided on the Our Web Hosting Partner website and by Our Web Hosting Partner staff is accurate and free from errors, Our Web Hosting Partner provides no warranties, either express or implied, including but not limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974(Cth).

8.4 Limitation of Liability – Our Web Hosting Partner provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. Our Web Hosting Partner will not accept liability for any costs or losses incurred by The Customer that result from:

  1. the use of or inability to use any Our Web Hosting Partner service;
  2. any errors, mistakes, omissions, interruptions, defects, or delays in operation or delivery;
  3. unauthorised access to Our Web Hosting Partner’s data or services,
  4. the suspension or termination of services due to breaches of the AUP.
  5. the suspension or termination of services due to obligations under law

8.5 Indemnification – The customer agrees to indemnify Our Web Hosting Partner from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Our Web Hosting Partner, that may arise or result from the use of any hosting service provided.

8.6 Modification to these Terms – Our Web Hosting Partner reserves the right to amend, update or change these terms of service without prior notification. Where changes are made that may impact The Customer’s use of a Our Web Hosting Partner service, The Customer will be advised by email using the primary email contact details within an account and the continuance in operation by The Customer of any hosting or additional services will constitute an acceptance of these Terms of Service.

courts and Tribunals.

Action Communications in partnership with our SEO Agency offer SEO Keyword Campaigns to assist clients improve their ranking on Google and other search engines.

SEO Agreement

DEFINITIONS

“Company” – Action Communications Australia Pty Ltd (Trading as Action Communications). For the purposes of these terms (and any engagement) “Company” includes “SEO Agency” – Our Digital & SEO agency that provides SEO insights and services in collaboration with us for our clients. They use specialist software and analytics and provide client dashboard reports.

“Client” – Company listed in campaign particulars

TERMS

  1. “Company” agrees to provide “Client” with Search Engine Optimisation Keywords (hereinafter referred to as “SEO”)  services. “Company” is authorised to use the number of mutually agreed key phrases in the campaign particulars set forth to the “Company” for improving the ranking of, and/or positioning the contents of the “Client’s URL(s)”.
  2. “Client” agrees to pay “Company” a fee as stated. The fee must be received prior to the start of any services provided.
  3.  For the purposes of providing these services, “Client” agrees to provide: “Company” and “SEO Agency” FTP access to the main site for uploading, title tags, meta tags, and making changes for the purpose of optimisation. Unless agreed otherwise.
  4.  Selected target region search engines include unless specified:
    • Google.com.au
  5.  “Client” acknowledges the following with respect to services:
    • “Company” has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. “Client” site may be excluded from any directory at any time at the sole discretion of the search engine or directory.
    •  The “Company” is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the “Client’s” website.
    • On acceptance of the campaign particulars, keyphrases selected for SEO are mutually agreed to by the “Client” and the “Company”. These Keywords are set for the for the Initial Project Term and cannot change. Additional words can be added for an additional monthly package fee.
  6. Identification of the SEO Key terms for the “Client”and related opportunities will be charged per the equivalent monthly SEO Keyword package adopted and be additional to the 12 month campaign fee.
  7.  The minimum Initial Project Term, unless stated otherwise in campaign particulars of the SEO agreement, is 12 months. The campaign will continue on a month-to-month basis. The client can notify the “Company” of a cancellation with 30 days written notice.
  8. “Client” guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to “Company” for inclusion on the website above are owned by “Client”, or that “Client” has received permission from the rightful owner(s) to use each of the elements.
  9. Invoices are strictly 14 days. For convenience, payments can be automatically debited from your nominated account once a month.
  10. Cancellations of any SEO services must be made via email with an acknowledgement received by email. Our email address is: [email protected]
  11. This agreement is to be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts and Tribunals of Queensland and of the courts hearing appeals from those courts and Tribunals.

Service Agreement – PPC Google, Meta, Linked In, Twitter and similar services

DEFINITIONS

• “Services” Pay-Per-Click Advertising (PPC). PPC is the management of pay-per-click advertising mediums for the purposes of delivering visitors to websites.
• “Company” The Company, as detailed within the “Campaign Particulars” shall supply the “Services” under the terms of this agreement to the “Client”.
• “Company” is Action Communications Australia Pty Ltd (Trading as Action Communications)
• “Client” The Client, as detailed within the “Campaign Particulars” and including its representatives shall receive the “Services” under the terms of this agreement from the “Company”.
• “Campaign Particulars” The Campaign Particulars comprises the components of the Adwords campaign including but not limited to the number of targeted key phrases, the “Term”, the “Fee” and guarantees where included.
• “Term” The time period for which this agreement applies.
• “Website” The location defined by the unique resource locator (URL) being targeted by the campaign.
• “Key Phrases” The mutually agreed target search phrases for which the “services” apply.
• “Fee” The “Client” agrees to pay the “Company” for the “services” to the agreed total of the “term”. Payments may be made in
instalments in accordance with the “campaign particulars”.

TERMS

1. The Company agrees to provide the “Client” with the “Services” as detailed in the campaign particulars email and is authorised to use the “Key Phrases” to attempt to improve the ranking of and/or positioning of the “Website” within search engines.

2. The “Client” shall acknowledge and accept the campaign particulars by reply email prior to the campaign commencing and in doing so enters this agreement for the provision of the “Services”.

3. For the purposes of providing these services, “Client” agrees to provide where applicable: Google Analytics log in details, suggested key phrases for key phrase testing and any copy suggestions or artwork for Ad creation.

4. The “Client” agrees that this agreement shall continue for the “term” from the date of this agreement. Client “terms” are for a minimum of 3-months, typically longer and ongoing. Either party may terminate this agreement by giving each other one month’s written notice after the expiry of the “term” from the date of this agreement. In the event that the “Client” terminates the “services” within the “term” from the date of this agreement, the “Client” agrees that it shall be liable for and shall pay the “fee” for the balance remaining of the “term”. Additionally, if the client terminates within 12 months,  the client shall be liable for a $1000 set-up fee to cover the cost involved in setting up and reviewing Google Search Console, Google Analytics, Conversion Tracking, Assisted Conversion Tracking, Shopify or Woo-Commerce additional tracking measures, Meta Tracking codes and other set-up work.

5. The “Client” acknowledges and agrees that:
a) The “Company” has no control over the policies of media websites with respect to the type of sites and/or content that they accept now or in the future. The “Client” site may be excluded from any website at any time at the sole discretion of the media website.
b) Keyphrases selected for PPC must be mutually agreed to by the “Client” and the “Company”. They are set for the duration of the “term” and cannot be changed partway through a “campaign.”
c) The “Client” shall make periodic payments for the management “fee” according to the “campaign particulars”. Payments must be made or direct debits scheduled in advance for the payment period. No work will commence until such payment is made or direct debit scheduled. In the event of a failed debit attempt, the “Client” agrees to be debited an administration fee of $9.90 inc GST by the 3rd Party debit provider engaged by the “Company”.
d) The monthly management fee is for a set amount of hours per month to undertake the campaign based on the size and scope of the campaign. Additional work above and beyond the campaign particulars will be charged at current agency hourly rates in 15-minute increments at $50 ex GST.
e) Included in the service is access to a custom Client digital dashboard that tracks visitors to the Client’s websites and sales through the website as provided by Google Analytics and other website metrics available through the Client’s site.
f) As part of the monthly service, a PDF report of this dashboard is provided as well as a monthly review meeting of topline campaign particulars. This meeting is typically 30 minutes in length (dependent on comprehensiveness of campaign work being undertaken), with longer meetings allowed for bigger projects.

6. The monthly budget for click volume spend must be agreed upon before commencing service.
a) The “Company” shall deploy its labours and assets towards the supply of the “services” including but not limited to its intellectual property, research and development, content, reporting and advisory services as they relate to the “campaign particulars”. The “Client” acknowledges that the provision of these labours and assets will occur without relation to the instalment payments of the “fee”.
b) The “Client” acknowledges that the “Company” makes no warranty that PPC will generate an increase in sales, business activity, profits or any other form of improvement for the “Clients” business or any other purpose. The “Client” is liable for and agrees to indemnify the “Company” in respect of any loss or liability which the “Company” suffers, incurs or is liable for as a result of (i) any information given by the “Client” that is not accurate, up to date or complete or is otherwise misleading; or
(ii) any breach of these Terms, or (iii) any damage to the reputation of the “Company” suffered as a consequence of the “Clients” breach of the Terms. If work is delayed through no fault of the “Company”, no refund or compensation will be provided to the “Client”.
c) The “Client” agrees to co-operate with the “Company” (at the expense of the “Client”) in the handling of any disputes, complaints, investigations or litigation that arise as a result of the “Clients” use of the “Services” or its conduct pertaining to this agreement. This includes but is not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information the “Client” has provided to the “Company”.
d) The obligations of the “Client” pursuant to Clauses 6 (c), (d) will survive termination of this agreement.

7. The “Client” agrees not to hold the “Company” liable for or in relation to any consequential loss (which includes but is not limited to loss of profits, loss of revenue, loss of business opportunities, loss of anticipated business opportunities, loss of anticipated savings and damage to goodwill) which relate to the obligations of the “Company” under this agreement.

8. There are no refunds available on “services” provided by the “Company”.

9. This agreement is subject to the jurisdiction of the State of Queensland, Australia and the parties irrevocably submit to the jurisdiction of the courts of the State of Queensland.

10. The “Client” may not offer any form of employment to “Company” staff at any time whilst engaging the services of the “Company”, or within 12 months of ceasing this or any other services.

11. Privacy: In performing the Services, the “Company” agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines, as set out in our Privacy Policy which is available on our Site.

12. Priority: If the terms of this agreement differ from any other information that the “Client” has been provided with, including by email or phone, the terms of this agreement apply, unless the “Company” agrees to otherwise in writing.

13. GST: By accepting this agreement the “Client” agrees to pay the “Company” an amount equivalent to the GST imposed on these charges.

14. Relationship of parties: This agreement is not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. The “Company” may provide the “Services” to the “Client” using its employees, contractors and any third-party providers it so chooses in relation to the agreement.

15. Assignment: The “Client” must not assign or deal with the whole or any part of its rights or obligations under the agreement without the prior written consent of the “Company”. Any purported dealing or representation in breach of this clause is of no effect.

16. Severance: If any provision (or part of it) of the agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of the agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from the agreement and the remaining provisions (and remaining part of the provision) of the agreement are valid and enforceable.

Action Communications provides photography, videography and various production services (podcasts / recordings, etc.) to help clients with content marketing, branding, digital and advertising.

This is the process and terms of engagement.

  1. DEFINITIONS

In these terms and conditions, unless the context otherwise requires:

1.1   “Customer” or “Client” means any person or entity engaging Action Communications to provide Services, listed in our quote acceptance and  project brief particulars.

1.2    “Company” means Action Communications.

1.3   “Action Communications” means Action Communications Pty Ltd (ABN 46 154 027 504) Queensland, Australia .

1.4 “Production Partners” means Action Communications’ Production Partners across our agency network that encompasses photographer, videographers, sound /recording studios and talent used in the production of audio and visual content.  For the purposes of these terms and engagement,  “Company” and “Action Communications” includes “Production Partners”

1.5   “Agreed Fee” means the fees estimated by Action Communications in any quotation once accepted by the Customer.

1.6   “Materials” means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to Action Communications for the purposes of Action Communications supplying the Services.

1.7   “Raw Footage” means master footage recorded by Action Communications as part of the provision of the Services.

1.8   “Services” means video pre-production, production, photography, sound recording, and/or post-production services

  1. APPLICATION

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Action Communications with any Customer in relation to the provision of Services by Action Communications.

All work carried out by Action Communications is on the basis that the Customer has agreed to these Terms and Conditions.

  1. SUBCONTRACTING

Action Communications reserves the right to subcontract any Services that Action Communications has agreed to perform for the Customer as it sees fit and engage Production Partners for this purpose.

  1. PROCESS

The following is an indicative overview of typical engagement process, however this may vary depending on the scope of the project and brief elements.

4.1 Consultation

A 1-hour client consultation is provided to understand your requirements, (complementary for new client engagements). You will need to advise your budget during this consultation.

We will provide a quote within 2 weeks. This will also provide a timeline for your project.

The process we undertake will vary depending on the type of production services engaged. The following is a topline of some common elements and other elements that may apply.

4.2 Project Brief

Develop a project brief for the work to be undertaken including photography, video and other elements, timings for site work and delivery deadlines, “Client” or other talent to be engaged, clarity on where and how material is to be used and formats required, brand tone in terms of music / voice over, confirmation of budgets. The “Company” reserves the right to re-quote work once final brief and shot list is provided, should the scope be beyond the quote and brief and what has been allowed.

4.3 “Production Partner” Appointments

Appoint and lock in partners to deliver project for client, payment of necessary deposits.

4.4 Photo Shot List

Develop shot list and style brief to photographer.

4.5 Video Shot List

Develop Video Shot list and style brief to videography/agency.

Video Scripts: develop voice over and to camera scripts. For brand story videos, develop story board and conceptual references.

4.6 Client Direction

Provide client with copy / script, attire direction, talent release forms (if required).

4.7 Logistics Management & Catering

Coordinate as required / as per brief, ongoing liaison and project management.

4.8 Changes

Any additions to the project or any major revisions or alterations to the concepts, video content or brief once the project has commenced is considered extra and will be charged at applicable hourly / daily rates. SEE RATES. We recommend clients budget for a 10% contingency.

4.9 Onsite Direction

Attend Photo and Video shoots to conduct interviews and to ensure all photos / videos are: captured; on brand; pieces to camera by “Client” are done to a suitable standard; “Client” representatives, the physical environment and talent are suitably represented. Provide creative direction guidance to client and photographer/videographer team on the day.

As Action Communications is often an external marketing consultant and brand custodian for the Client, with us involved with the actual photography or video shoot  you will attain a much better result. Furthermore, few clients have staff that have extensive experience working with photographers and videographers to ensure projects are delivered according to the brief. Our photography and video pricing from our Photographers and Videographers reflects that Action Communications will be involved in onsite work as the “Shoot Managers.” Additional liaison or days of filming or photography may be required without attendance of a Director of Action Communications.

4.10 Photo Curation & Editing

Provision of best images per shot list – and other images of potential value to client – in high res and low-res formats. Photos to be delivered within 5-7 working days post photo shoot.

4.11 Videos, Approvals & Delivery

Refer to Section 5.

4.12 Payments

Refer to Section 15.

  1. PRE & POST-PRODUCTION AMENDMENTS

Two rounds of pre- and post-production amendments are allowed for in our quotes. Pre-production includes, but is not limited to: scripts, storyboards, shots lists, briefs, talent review and selection.

For a 3 day or less film shoot, draft videos will be delivered to the Customer within 10-15 business days post video shoot. For bigger projects, a timeline will be agreed to as part of the quote and acceptance process.

For Video Review: Action Communications will provide the Customer with ‘version one (1)’ of an initial edited video file. The Customer must notify Action Communications in writing of all proposed changes within a maximum of ten (10) business days of receipt of the draft video/s, constituting ‘round one (1)’ of amendments.

Once the proposed changes have been made, Action Communications will provide the Customer with the ‘version two (2)’ within 7 – 10 business days. The Customer must notify Action Communications of any changes in writing within ten (10) business days of receipt of the draft video/s, constituting ‘round two (2)’ of amendments.

Once the proposed changes have been made, Action Communications will provide the Customer with the final versions in the agreed formats.

Additional rounds of amendments are possible and will be charged at our applicable post-production hourly rate and added to the final invoice. SEE RATES.

Please be aware that:

  • additional rounds of amendments will likely impact project delivery dates
  • each round of amendments (even for a short sequence) takes a considerable amount of time to check, render & upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required.
  1. ARTISTIC LICENCE

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Action Communications reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works.

The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Action Communications on request (see ‘post-production amendments’ above.)

  1. OWNERSHIP

The raw footage is not provided to The Customer unless agreed otherwise in writing.

The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Action Communications until full payment is made for the Services. Where Services remain unpaid or in the event that a final, agreed payment is not made, Action Communications reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.

Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Action Communications will remain the property of the author or legal entity owning the copyright.

  1. SPECIAL PROVISIONS FOR OWNERSHIP

Action Communications reserves the right to retain ownership of any recorded material of an anomalous nature found in post-production. The copyright of such recordings will belong to Action Communications.

Action Communications has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes unless an alternative arrangement is made between Action Communications and the Customer. The copyright of such segments will belong exclusively to Action Communications.

  1. BACKUPS

If you require Action Communications or our Production Partners to keep video or recorded data beyond three months, then please advise in writing and note that a back-up charge will apply. Otherwise, materials will likely be disposed.

  1. STAGNATING PROJECTS

Any estimate of the date by which Action Communications will complete any part of the Services is contingent upon the Customer providing complete instructions to Action Communications and fully cooperating with Action Communications until Action Communications has ceased providing Services to the Customer.

The Customer must appoint a single person who has complete authority to provide instructions to Action Communications and respond to requests for feedback until Action Communications has ceased providing Services to the Customer. The person appointed must be available to respond to communications from Action Communications in a timely manner, on what is a business day in Queensland, Australia. Projects that do not progress due to a lack of activity from The Customer may be charged a delay fee that is 50 percent of the hourly rate applicable.

  1. RAW FOOTAGE

If the Customer requires any Raw Footage to be provided, this must be agreed in writing between Action Communications and the Client. This will incur an extra charge to the Customer.

  1. FILMING ON LOCATION

A day of filming includes a total 50 km (of land based) travel in each direction from Brisbane GPO, Australia at no charge and up to 8 hours on location.

For distances over 50km from Brisbane GPO, land travel is charged per kilometre, per vehicle. Air travel expenses, will be quoted as part of the proposal process. Action Communications may also charge a standard (reduced) fee per hour, per person of air or road travel time.

Other costs may include; equipment and luggage costs and well as living away from home allowances (LAHA or Per Diem). These are calculated and detailed for each project as required. The 2022 per diem rate is $120 per day for food and incidentals, which is lower than ATO recommended allowances.

Our production time starts from the moment our vehicle arrives in your area (e.g. if access to parking in your area takes 30 minutes, that time is considered production time).

  1. FAILURE OF EQUIPMENT OR ILLNESS OF Action Communications EMPLOYEES AND CONTRACTORS

Whilst all reasonable care and preparation is taken for videography and editing, Action Communications will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Action Communications or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

  1. OUT OF BUSINESS HOURS, WEEKENDS AND PUBLIC HOLIDAYS

The following applies for pre-production, production and post-production work.

14.1   A day is typically 8 hours anytime between 7 am and 7 pm. At our Crew’s discretion they may extend this up to 10 hours. Anything above the standard allocated day hours (.i.e at least 10 hours and likely 8 hours) is considered overtime.

14.2   A half-day rate is typically 4 hours anytime between 7 am and 7 pm. At our Crew’s discretion they may extend this up to 5 hours. Anything above the standard allocated half day time (.i.e at least 4 hours and likely 5 hours) will be charged as a pro-rata of the Day Rate..

14.3   Working hours prior to 7 am (where our presence on location is required before 7 am) and after 7 pm (where our presence on location is required after 7 pm) may incur a surcharge which is calculated at 150 percent of the applicable hourly rate. This is at the discretion of the onsite crew and dependent on film quote and hours for that day’s work.

14.4   Filming hours on weekends incur a surcharge which is calculated at 150 percent of the applicable hourly rate.

14.5   Filming hours on public holidays incur a surcharge which is calculated at 180 percent of the applicable hourly rate.

  1. RATES

Our Day and Half Day Rates will be included in the quote. Any additional work to be undertaken outside of the agreed elements of the quote will be charged at either the applicable half or day rate for Action Communication crew members or at an hourly rate of $195 per hour ex GST, $150 ex GST for 45 mins, $100 ex GST for 30 mins and $50 ex GST for 15 minutes.

  1. YOUR RESPONSIBILITIES

You must do all things reasonably necessary, and supply Action Communications in a timely fashion with all materials reasonably required by Action Communications, in order for Action Communications to perform the services.

This may include without limitation supplying copy, photographs and other visual or audio-visual material, and if required, performing sub-editing and copywriting. Without limiting Action Communications’ rights under this agreement, if Action Communications is unable to complete any services because of your actions or omissions, or if you instruct Action Communications to cease or postpone any work, Action Communications may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.

Action Communications accepts no responsibility for errors that you do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which you or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by you after sign-off.

  1. VENUE LOCATION FEES & PERMISSIONS

Unless otherwise agreed in writing, The Customer must obtain any necessary consent or permission and pay any fees which may apply for Action Communications to film at a particular venue, location or event.

  1. TERMS OF USE OF VIDEO BY ACTION COMMUNICATIONS

Unless otherwise specified in writing, Action Communications reserve the right to use the raw footage and final edit(s) for their own marketing purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.

  1. RIGHT OF REFUSAL OR TERMINATION

Action Communications reserves the right to terminate the provision of Services, if:

19.1   The videographer, or any person(s) employed or contracted by Action Communications is placed in a position where there is an actual or apparent risk of injury, or

19.2   There is a risk that any of the equipment used may be damaged. If Action Communications terminates the provision of Services, then any Deposit paid by the Customer is non-refundable. Action Communications may seek compensation from the Customer for any loss or damage suffered.

  1. LIMITATION OF LIABILITY

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, Action Communications will not be liable for:

20.1   Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and

20.2   Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Action Communications in writing, and

20.3   The liability of Action Communications for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of Action Communications for a breach of a Non-excludable Right can be limited, Action Communications’ liability is limited, at Action Communications’ option, to one of the following:

20.4   The supply of the service again; or

20.5   Payment for the cost of having the services supplied again. Notwithstanding any other provision, Action Communications is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:

20.6   Any increased costs or expenses;

20.7   Any loss of profit, revenue, business, contracts or anticipated savings;

20.8   Any loss or expense resulting from a claim by a third party;

20.9   Or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

  1. FORCE MAJEURE

If Action Communications cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Action Communications’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

  1. CANCELLATION & POSTPONEMENT

If the Customer has engaged and confirmed Action Communications to provide Services on a specified date, the Customer may notify Action Communications in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.

A booking is ‘tentative’ until it is ‘confirmed’ in writing by Action Communications or the Customer AND a deposit of 30% has been received by Action Communications for the project. SEE CUSTOMER PAYMENTS & DISBURSMENTS.

If required, Action Communications will seek confirmation in writing for a booking to be ‘confirmed’ after which the date will be released if no confirmation and payment is received within 24 hours from the Customer.

22.1   If the cancellation is made more than 20 days prior to the day on which Action Communications has been engaged to provide the Services, the Customer must reimburse Action Communications for any expenses incurred by Action Communications in preparation for the provision of the Services.

22.2   If the cancellation is made between 20 days and 9 days prior to the day on which Action Communications has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.

22.3   If the cancellation is made between 8 days and 48 hours prior to the day on which Action Communications has been engaged to provide the Services, the Customer must pay 75% of the Agreed Fee.

22.4   If the cancellation is made within 48 hours of the time at which Action Communications has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.

22.5   If the cancellation is made while Action Communications is providing Services to the Customer, the Customer must pay the Agreed Fee in full. Any amount payable must be paid by the Customer within 14 days of the cancellation.

22.6   If the Customer postpones the photo or video shoot, an invoice for 33% may apply as a pro-rata payment with the final 34% to be invoiced on the completion of the rescheduled shoot.

  1. CUSTOMER’S MATERIALS

All Materials are used and stored by Action Communications solely at the Customer’s risk and Action Communications is under no obligation to ensure any Materials. Neither Action Communications nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; Action Communications will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Action Communications even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of each and every recording delivered to Action Communications for the purposes of the Contract.

  1. CUSTOMER ACKNOWLEDGEMENTS

The Customer acknowledges and agrees that: Action Communications will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Action Communications will be transferred to the Customer until the Customer pays all amounts due to Action Communications in full.

The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Action Communications, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Action Communications. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Action Communications are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Action Communications, its employees and subcontractors.

  1. CUSTOMER UNDERTAKINGS AND WARRANTIES

The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video. The Customer indemnifies and holds Action Communications harmless from any claims or legal actions related to the content of the Customer’s video.

The Customer hereby indemnifies and holds harmless Action Communications against all loss, damage, costs or expenses suffered or incurred by Action Communications.

  1. QUOTATIONS

All efforts are put into providing accurate quotes for photography shoots and video productions. Some video productions, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) weather, venue availability etc. In the event additional costs are required, we will advise you as soon as possible.

Action Communications take no responsibility for extra costs due to reasons outside of their control. It will be assumed and accepted by The Customer that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.

  1. CUSTOMER PAYMENT & DISBURSEMENTS

All reasonable disbursements and out-of-pocket expenses (such as parking) incurred by Action Communications in connection with the relevant work are added to the fees payable by Action Communications and must be paid by you. We provide an estimate in our quotation for likely disbursements and advise clients to allow a 10% CONTINGENCY. Whatever the costs, we add these to the final invoice.

Flights, accommodation, airport parking, taxis, land travel and a per diem food allowance will be charged at cost where travel beyond 1 hour drive from Brisbane is required to undertake the filming or “Customer” meetings.

Without limiting the foregoing, any estimates provided by Action Communications for any stage of work will, unless expressly stated to the contrary, include an estimate of any reasonably foreseeable disbursements and expenses.

The disbursements and expenses incurred by Action Communications may also include, without limitation, those pertaining to copywriting, illustration, photographic and other services, models/talent, film, processing, printing, materials, equipment, couriers, catering, online time, postage and sundries.

Action Communications may charge a reasonable agency fee on the cost of any “bought-ins”, in addition to that cost. “Bought-ins” may include without limitation disbursements for copywriting, illustration, photography, models, printing and other materials.

You acknowledge that third party suppliers may change their own fees or cost structure, in which case Action Communications will endeavour where possible to revise any estimates accordingly, however you must pay the full amount of any disbursements incurred by Action Communications.

Payment of video productions or products must be completed according to the terms, by Direct Credit deposit into our bank account.

  1. DEPOSITS & PAYMENTS

All work requires a 40%  upfront payment, payable within 7 calendar days to secure bookings and lock in the production crew. Payment is by Direct Credit deposit ONLY into our bank account.

50%* of project is invoiced the day the shoot is completed and is to be paid within 14 calendar days (approximately time first draft of edited videos are delivered and after photographic images have been delivered).

10%# (balance) invoiced when draft videos are delivered, to be paid within 14 calendar days (approximately time videos will be finalised for download).

*   If the Customer postpones the photo or video shoot, an invoice for 20% may apply as a pro-rata payment with the another 30% to be invoiced on the completion of the rescheduled shoot, and 10% balance when draft videos are delivered, to be paid within 14 Calendar days (approximately time videos will be finalised for download).

# If the production project is larger in scope with several videos, taking longer than 14 Calendar days to submit the first draft of videos, then the 10% balance payment will be submitted on the day the draft videos are provided.

  1. POSTAGE & HANDLING

All postage & handling is charged on final invoice. Action Communications takes no responsibility for items lost in the mail. It is the responsibility of The Customer to request additional postage services, such as insurance and/or registered post.

  1. TRANSACTING WITH ACTION COMMUNICATIONS

All prices shown on this site are in Australian Dollars (AUD) and all transactions are conducted in Australian dollars.

  1. PRIVACY

All information received by Action Communications from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent. Unless this is necessary to allow Action Communications to conduct and complete the Services requested by the Client.

  1. WORKING WITH CHILDREN

Action Communications staff working on school sites carry current Queensland Government-issued Working with Children Bleu cards.

  1. OTHER MATTERS WHICH AFFECT THE CONTRACT

This agreement is to be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts and Tribunals of Queensland and of the courts hearing appeals from those courts and Tribunals.

Action Communications is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for Action Communications.

  1. AMENDMENT

Action Communications reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.