Terms and Conditions for Momentum Marketers
Welcome to Momentum Marketers. These Terms and Conditions outline the rules and regulations for the use of our website and services, operated by Momentum Marketers.
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Momentum Marketers' website or services if you do not accept all of the terms and conditions stated on this page.
1. Definitions
- “Company,” “We,” “Our,” “Us” refers to Momentum Marketers, located at Level 5, 235 Flinders Lane, Melbourne, VIC, 3000, Australia.
- “Client,” “You,” “Your” refers to the individual or entity accessing or using our services.
- “Service,” “Services” refers to the marketing agency services provided by Momentum Marketers, including but not limited to Brand Strategy & Development, Digital Marketing Campaigns (SEO, SEM, Social Media), Content Creation & Copywriting, Data Analytics & Reporting, Public Relations, Web Design & Development, and Marketing Automation.
- “Website,” “Our Site” refers to the online platform operated by Momentum Marketers.
2. Acceptance of Terms
By engaging with our Services or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our Services.
3. Provision of Services
Momentum Marketers agrees to provide the Services as agreed upon in a separate service agreement or proposal. All proposals are subject to these Terms and Conditions. We reserve the right to refuse service to anyone for any reason at any time.
4. Client Responsibilities
- You agree to provide accurate, complete, and current information as requested by Momentum Marketers.
- You are responsible for ensuring that any content, materials, or intellectual property provided to us for use in the Services do not infringe upon the rights of any third party.
- Cooperation with our team is essential for the successful execution of our Services.
5. Intellectual Property
All content on our Website, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Momentum Marketers or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Unless otherwise agreed in a separate service agreement, any intellectual property created during the provision of services for a client will be transferred to the client upon full payment for said services. We retain the right to use client logos and case studies for promotional purposes, with prior client approval where sensitive information is involved.
6. Payment Terms
Payment terms for Services will be outlined in the individual service agreement or proposal provided to the client. Invoices are due upon receipt or as specified within the invoice. Failure to make timely payments may result in the suspension or termination of Services.
7. Confidentiality
We agree to keep all client information confidential. Likewise, you agree to keep any proprietary information about Momentum Marketers confidential. This obligation of confidentiality shall survive the termination of our engagement.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Momentum Marketers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Indemnification
You agree to indemnify, defend, and hold harmless Momentum Marketers, its directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
10. Termination
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
12. Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
13. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Momentum Marketers
Level 5, 235 Flinders Lane, Melbourne, VIC, 3000, Australia