Terms of service

By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement.

General Terms

These Terms and Conditions apply to all services provided by BluFire Pty Ltd (ABN 14 665 545 282). By engaging with BluFire Pty Ltd (ABN 14 665 545 282), clients agree to be bound by the terms and conditions outlined in this agreement. BluFire Pty Ltd (ABN 14 665 545 282) reserves the right to modify these terms and conditions at any time without prior notice. Any modifications will be communicated through our website, email, or other forms of communication. Clients are responsible for regularly reviewing the terms and conditions to ensure compliance with the latest version.

Definitions

1. The Agreement, as varied from time to time, applies to the provision of all services by the Company to the Client pursuant to the Agreement, together with any non-excludable conditions and warranties expressed by law, constitutes the entire agreement between the parties.
2. “Agreement” means these general terms and conditions herewith.
3. “Client” means the person and/or business described as the client in the Agreement.
4. “Company” means BluFire Pty Ltd (ABN 14 665 545 282)
5. “Business Day” means any day that is not a Saturday, Sunday or public holiday in Victoria.
6. “Fees” means the Price together with any Additional Charges incurred by you relating in any way to this Agreement and the Services.
7. “Website” means your website designed, built and hosted pursuant to this Agreement.
8. “Campaign Scope” means the document entitled either “Scope” or “Proposal” provided by BluFire to the Client containing the Services, Price and the Term of the campaign.
9. “Intellectual Property” means the intellectual property attaching to the Services including copyright, patents, trademarks, design rights, and domain names whether registrable or not and whether registered or not.
10. “Confidential Information” means all the information provided by one party to the other in connection with this Agreement where such information is identified as confidential or ought reasonably to be considered to be confidential based on its context, nature or the manner of its disclosure, but excluding:
11. information that is in the public domain other than by a breach of this Agreement; and
12. information developed independently by a third party.
13. Without limiting the foregoing, Confidential Information includes the terms of this Agreement and the contents of the Scope or Proposal.
14. “Price” means the fees outlined in the Agreement
15. “You” and “Your” means the Client named in the Agreement
16. “Our”, “Us”, “BluFire Pty Ltd” and “We” means the “Company” BluFire Pty Ltd trading as BluFire (ABN 14 665 545 282).
The Client agrees that this agreement shall remain in effect for the duration of the ‘term’ specified in this agreement, starting from the date of this agreement. After the ‘term’ expires, the campaign will continue unless the client provides the company with 30 days’ written notice to terminate the services. If the client terminates the Company’s services during the term, they shall be responsible for paying the Monthly Fee for the remaining balance of the ‘term’.
The Client shall give feedback within the timeframe as stated in the timeline provided by the Company to avoid delays. The Company reserves the right to terminate the agreement in any of the following circumstances:
1. the Client’s instructions deviate from this agreement and/or the Client refuses to pay any additional fees if required to do so for any additional work required.
2. the Client fails to provide content, and/or any additional information requested by the Company within the reasonable deadlines stated.
3. the Client has more than 1 outstanding invoice in the balance.
If any of the occurrences stated above take place, the Company may terminate the agreement by providing written notice to the Client. If the Company chooses to terminate the agreement, the Client is responsible for fulfilling the remaining balance of the Agreement.
The Client acknowledges that the Company provides no warranty that its services will result in any increase in traffic, sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. The Client agrees to indemnify the Company against any damages or losses arising from or as a result of the provision of the services.
The Client undertakes to handle all personal data in the Website in accordance with the provisions of the Personal Data (Privacy) Ordinance, including but not limited to the following:
1. collect adequate, but not excessive, personal data by lawful and fair means only for lawful purposes related to the functions or activities of the Website;
2. take all reasonably practicable steps to ensure that the personal data collected or retained are accurate, having regard to the purposes for which they are to be used;
3. erase personal data which are no longer necessary for the purposes for which they are to be used;
4. The Company will use personal data collected only for the purposes or directly related purposes for which the data was collected at the time of collection. If the Company intends to use the data for any other purpose, it will obtain express consent from the individual concerned, unless such use is permitted by law;
5. take all reasonably practicable steps to ensure that personal data are protected against unauthorised or accidental access, processing, erasure or other use;
6. take all reasonably practicable steps to ensure that a person can be informed of the kinds of personal data that the Website holds and the purposes for which the data are to be used; and
7. permit persons to access and correct personal data of which they are the data subjects and process any such access/correction requests in a manner permitted or required by law.
The Client warrants to the Company that it shall indemnify the Company for any breach(es) of personal data privacy claims.
The Client may remit the Monthly Fee to the Company via bank transfer, cheque, or online direct debit through our secure payment portal. The Company will begin providing the services outlined in this agreement upon receipt of the first payment. The Client is responsible for paying each Monthly Fee within 7 days of receiving an invoice from the Company. Failure to make timely payment may result in late-payment charges of 5% per month on any outstanding balance of the Monthly Fee(s), at the discretion of the Company.
There are no refunds available on services provided by the Company once payment is affected by the Client. There is also no credit SERVICE AGREEMENT transferred unless the Company agrees. There is also no credit transferred unless the Company agrees.
Any agreement to engage the services of the Company are subject to Australian laws and regulations, and the Services are considered to be entered into under the jurisdiction of the State of Victoria, Australia. In the event of any dispute between the Company and the Client, both parties agree to submit to the jurisdiction of the courts of the State of Victoria, Australia. This provision is binding on both parties and any attempt to deviate from it will not be valid.
The Client agrees not to offer any form of employment to the Company’s current or past staff while using the Company’s services or for 12 months after ceasing the services, whether during the Term or after the termination of this Agreement. The Client further agrees not to employ or attempt to employ any person who is, or has been one of the Company’s employees engaged in providing the Services, from the date of this agreement to 12 months after its termination. This provision shall apply regardless of the circumstances of the termination and shall be binding on the Client and any successors or assigns.
The client acknowledges that they will be limited to 5 rounds of revisions for all services. This includes, but is not limited to, target keyword approvals, content approvals, ad copy approvals, landing page design approvals. Any additional revisions past 5 rounds will be charged at $120 + GST per hour. Additional charges will need to be quoted by the company and confirmed by the client before proceeding with the third round of revisions.
1. The client acknowledges that every round of revisions will be accompanied by delays in pushing the respective service/services live due to the provision of services.

Search Engine Optimisation (SEO)

The following terms relate to the supply of search engine optimisation (SEO) services (“the Services”) by the Company (BluFire Pty Ltd) to the Client for the Website.

The Company agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to attempt to improve the ranking of and/or positioning of the Website within the Search Engines.
The client acknowledges and agrees that:
1. If the services provided are delayed and are not a result of fault(s) on the part of the company, no refund or compensation will be offered to the client.
2. If the Client fails to provide the Company with the correct access logins (FTP/cPanel/CMS, etc.) to the Website or communicate these details within one month of this Agreement, the Client agrees that the Company may provide onsite instructions as a separate document for the Client or a nominated representative, such as a developer, to upload. This provision shall apply regardless of the reason for the Client’s failure to provide the correct access logins, and the Client agrees to abide by the instructions provided by the Company in a timely and diligent manner.
The Client warrants to the Company that the Key Phrases and/or contents of the Website do not and will not violate any law or regulation.
The Client warrants to the Company that it has not received any written notice or claim, and the Key Phrases and/or the contents of the Website do not infringe, interfere, violate or misappropriate the intellectual property rights of any other party.
If the Company notifies the Client in writing of a claim or cause of action against the Company that any of the contents of the Website infringes a presently existing intellectual property right of a third party, the Client shall indemnify and defend such claim or cause of action at its own expenses and pay any costs or damages, including but not limited to all legal costs and disbursements which may be reasonably incurred or finally awarded against the Company.
The Client acknowledges that the Company makes no warranty or guarantee that SEO will result in any increase in sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. The Company shall not be liable for any damages or losses arising from or because of the provision of the Services, except as provided by law. The Client agrees to indemnify and hold the Company harmless against any claims or damages related to the provision of the Services.

Paid Media: Pay Per Click (PPC) & Paid Social

The following terms relate to the offer to supply Pay-Per-Click (PPC) / digital advertising / social media advertising / Paid Social / Facebook/Instagram Advertising / LinkedIn Advertising / TikTok Advertising / Yahoo Bing Advertising services (“the Services”) by “the Company” to the “Client” for the “Website”.

The Company agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to manage and attempt to improve the performance of the Client’s advertising campaign(s) within the Search Engine and/or managing digital advertising on other platforms on platforms including, but not limited to: Google, Bing/Yahoo, Facebook, LinkedIn, TikTok.
For the purposes of providing these services, “Client” agrees to provide where applicable:
1. Google Ads, Google Search Console, Facebook Business Manager, LinkedIn Ad Manager, TikTok business manager and Google Analytics access.
2. The Client shall provide the Company with suggested keywords for ad targeting, ad copy suggestions, and creative assets, if applicable. By providing the creative assets, the Client warrants that they have unrestricted legal rights, including trademark and patent rights, to use the assets for digital advertising in all targeted territories and/or countries. The Client also acknowledges and confirms that the Company has the right to act as an agent in deploying the creative assets for digital advertising.
  In the event that any of the provided creative assets can no longer be used for digital advertising, the Client must promptly inform the Company in writing through a letter or an official Company email. If the Company has produced creative assets for the Client’s digital advertising, the Client shall assume sole responsibility for notifying the Company in writing via official Company email addresses of any reasons why said creative assets cannot be used or run for digital advertising. Such reasons may include, but are not limited to, the use of non-approved brand language, visuals, imagery, or corporate identity.
  At the beginning of the cooperation between the Client and the Company, it is the sole responsibility of the Client to share brand guidelines and provide lists of non-brand approved terminology and jargon.
3. The Company warrants that its creative work, including assets created for ads and copywriting for ads, is original and will not intentionally or negligently infringe on the rights or intellectual property of any third party. Prior to the start of any work to be completed by the Company, it is the sole responsibility of the Client to conduct all necessary searches or inquiries to ensure that no infringement or violation of intellectual property rights will occur.
  The Company shall not be liable to the Client for any infringement or alleged infringement of intellectual property or passing off beyond the scope of this warranty.
4. The Client acknowledges the following with respect to services:
  1. The Company has no control over the policies of search engines, advertising platforms, or the sites and content they accept now or in the future, with respect to the type of ads served on their platforms. The search engine or advertising platform may exclude the “Client’s” site and keywords from any website or search engine results page at any time, solely at their discretion.
  2. It is the sole responsibility of the Client to inform the Company of keywords that should, for whichever non-performance related reason, categorically be excluded from targeting.
  3. Media spend can be paid to Google, Bing/Yahoo, Facebook, LinkedIn, TikTok or any other advertising platform directly by the Client. The Company can pay on behalf of the Client, once the Client has prepaid the Company’s invoice which includes media spend.
5. The Client acknowledges and agrees that the Company does not provide any warranty or guarantee that digital ads will generate an increase in sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. If the Company and the Client mutually agree to performance goal-related bonus components, the Company will make reasonable efforts to achieve said performance-related goals. However, such efforts do not constitute a guarantee that performance goals can or will be achieved.
6. No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.
7. The Client acknowledges that the Company will invoice service fees for managing ads on Google, Bing/Yahoo, Facebook, LinkedIn, TikTok or any other advertising platform as per the stipulations outlined in the service agreement. In cases where service fees are not stipulated in the service agreement the following fee structure applies: The Client acknowledges that the Company will adjust the monthly service fee based on a percentage of the media spend (click spend) when the following thresholds or click spend are reached per service:
  1. When monthly click spend is between AUD$8,000 and AUD$15,000, the clients monthly service fee will amount to 20% of total media spend (click spend)
  2. When monthly click spend is between AUD$15,001 and $AUD25,000, the clients monthly service fee will amount to 17.5% of total media spend (click spend)
  3. When monthly click spend is between AUD$25,001 and AUD$50,000, the clients monthly service fee will amount to 16% of total media spend (click spend)
  4. When monthly click spend is AUD$50,001 and above, the clients monthly service fee will amount to 15% of total media spend (click spend)
8. The Client acknowledges that the Company will provide a set number of ad variations for their approval, including ad copies and creative assets for digital advertising. Unless otherwise agreed, the standard ad revision is limited to one round per ad. The Client acknowledges that any additional rounds of revisions for a specific ad variation may incur an additional fee, subject to the Client’s prior written approval. The Company will add the fee to the Client’s next invoice, and the Client must approve the fee before the Company executes any subsequent rounds of revisions.

Social Advertising

The following terms relate to the offer to supply Social Media Advertising services (“the Services”) by “the Company” to the “Client” for the “Website”.

The Company agrees to provide the Client with the Services and is authorised to use Social Media Advertising to manage and attempt to improve the performance of the Client’s advertising campaign/s within the agreed upon channel.
For the purposes of providing these services, “Client” agrees to provide where applicable: channel page log in details, copy suggestions for ad creation.
The Client acknowledges the following with respect to services:
1. The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
2. Targeting selected for channel is up to the discretion of the “Company”.
3. Media spend can be paid to Google, Facebook, Instagram, LinkedIn or TikTok directly by the Client, or the Company can pay on behalf of the client, once the Client has prepaid the Company’s invoice which includes media spend.
The Client acknowledges that the Company will provide a predetermined number of ad variations for their approval. Unless otherwise agreed upon, the standard ad revision is limited to 4 rounds per ad. Any additional rounds of revisions for a specific ad variations may result in an extra charge, which will be included in the Client’s next invoice. The Campaign Manager will disclose the fee to the Client, and the Client must provide their approval before the Company executes any subsequent rounds of revisions.

Landing Page

The following terms relate to the offer to supply Landing Page Design & Development services (“the Services”) by “the Company” to the “Client” for the “Website”.

The Company agrees to provide the Client with the Services including:
1. A custom-designed landing page.
2. Unlimited rounds of minor design revisions.
The Company agrees to complete “the Services” within 14 business days, if “the Client” provides necessary approvals within 24 hours. “The Client” agrees that any delays in design, development and content approval will result in overall project delays.
For the purposes of providing these services, the “Client” agrees to provide where applicable: channel page log in details, copy suggestions, images, branding files and documents.
The Client acknowledges the following with respect to services:
1. The Company has no control over the policies of channels with respect to the type of sites and/or C content that they accept now or in the future.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.

Content Writing

The following terms relate to the offer to supply Content Writing services (“the Services”) by “the Company” to the “Client” for the “Website”.

The Company agrees to provide the Client with the Services including:
1. A dedicated Content Writing Specialist
2. Three rounds of minor revisions
The Company agrees to complete “the Services” within the agreed upon turnaround time, as per the signed Service Agreement between the Client and the Company, if the Client provides necessary approvals and amendments within 3 business days.
For the purposes of providing these services, the Client agrees to provide:
1. A completed content questionnaire with proper detail
2. Copy samples and suggestions.
3. Approval of content within 10 business days and where applicable:
  1. Images
  2. Branding files
  3. Channel page log in details
  4. The Client acknowledges the following with the respect to the Services:
    1. The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
    2. The Company has permission to upload the content, should the Company have relevant access and the Client does not provide approval within the agreed 10 business days.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.

Photography/

Videography

The following terms relate to the offer to supply Photography and/or Videography services (“the Services”) by “the Company” to the “Client”.

The Company agrees to provide the Client with the Services including:
1. One round of minor design revisions
2. Upon full payment, licensing to photographs and/or videos created by the Company.
The Company agrees to complete “the Services” within 30 business days, if “the Client” provides necessary.
1. approvals within 3 business days.
For the purpose of providing the services, the Client agrees to provide:
1. A completed brief or briefing session with proper detail.
2. Photograph and/or video samples and suggestion
3. Approval of content within 3 business days and where applicable:
4. Branding files
5. Existing imagery
6. Client representative on day of shooting
“The Client” agrees that any delays in briefing, communications and content approval will result in overall project delays.
The Company is entitled to use all Photographs and Videos for self-promotion purposes, including entries into contests and awards, advertising, print and website use.
Unless specified in the Agreement, the Client is the sole owner of any intellectual property created by the Company in the course of the Services, including but not limited to Photographs, Videos, digital or electronic material, scripts, or any other products relating to the photographs and/or videos.
Unless otherwise agreed to in writing, the Photographer is not responsible for storing or archiving any Photographs or Video footage.
The Company grants the Client the ownership to use the agreed photographs and/or videos from the date that full payment has been made.
The Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend any videos without the prior written consent of the photographer.
The Client agrees and acknowledges that the details of the Services provided have been discussed by both parties and are described in full in any applicable attached briefs.
Should a client representative be required on the day of shooting, the Client agrees that any absence on that day will result in the Company’s interpretation of the Services prevailing.
The Client agrees that should shooting extend beyond the standard hours included, the Client will pay an overtime fee of:
1. $500.00 AUD + GST for the team (The Company), including any make-up artists and stylists, per hour.
2. $300.00 AUD + GST for any models and talents per hour
The Client warrants to the Company that:
1. It has the capacity and authority to enter into the Agreement with the Company
2. It has obtained necessary clearances in relation to the subject matter to be. photographed/recorded.
3. It will only use the Photographs and/or videos provided in accordance with the Law and License granted by the Company.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages
or
1. losses arising from or because of the provision of the Services.
If the Client cancels the agreement, the Company reserves the right to charge the Client the full Fee, as well.
1. as any Expenses incurred.
This agreement may be terminated if:
1. The Client fails to pay any part of the Fee or Expenses
2. The Client is declared bankrupt, enters administration or into liquidation.
3. The Client is in breach of the Agreement and has failed to rectify the breach within 30 days after receiving notice form the Company of such breach.
The Agreement may not be modified, amended, or otherwise altered unless agreed to in writing between both parties.
If any provision of the Agreement is held to be invalid under the law, the validity of the whole Agreement shall not be affected. Any remaining provisions will remain in full force and effect.

Definitions:

‘Photographs’ refer to and include all original work or any part thereof, created by the Company for the purpose of provision to the Client.
‘Videos’ refer to and include all original work or any part thereof, created by the Company for the purpose of provision to the client.