These are the Terms and Conditions on which Moon Digital Pty Ltd ABN 33 634 682 358 (Moon Digital) will carry out work for you. They will apply each time that you ask us to do work for you, or carry out a Service. They set out our Services and what you can expect from us. Please read them carefully. It is a condition of your use of our Services that you comply with these Terms and Conditions.

These Terms and Conditions are subject to change without notice and may be superseded. Moon Digital may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.

1. ENGAGEMENT

You may engage us to carry out a Service for you by:

Unless Moon Digital notify you otherwise, Moon Digital will accept that engagement, subject to these Terms and Conditions. The Service will commence in line with the Service schedule or when Moon Digital accept the engagement.

2. PROJECT BRIEFS

If Moon Digital provide you with a Project Brief for the Service, then that Project Brief:

3. SERVICES

The Services that Moon Digital provide to you, and any specific terms, may include some or all of the following:

You acknowledge that electronic services are subject to interruption and breakdown and all non-electronic services are subject to disruption, and therefore:

4. HOURS OF SERVICE

All Services will be carried out between 9:00 am and 5:00 pm (local office time), Monday to Friday excluding public holidays and the Christmas / New Year closure periods.

5. CONTENT AND MATERIALS SUPPLIED BY YOU

You must supply to us all required materials you want us to use in the Service, and all other content and materials Moon Digital reasonably requests (Client Content) within 5 business days of the request.

You must supply all Client Content in the following digital format/s:

Moon Digital may charge Additional Costs if the Client Content is not provided in the appropriate format. Where Client Content is not provided within the specified timeframe, Moon Digital will progress to Final Completion with placeholder images or text.

You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not: breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or compromise the security or operation of our computer systems, through a virus or otherwise.

6. VARIATIONS AND ADDITIONAL COSTS

If during the course of our engagement there are changes in the Specifications of the Service, the changes will be treated as a Variation.

Where a Variation occurs Moon Digital reserves the right to halt work and review the Service costings. Moon Digital will discuss the Variation with you and where required will issue a Variation Notice which is to include the modifications to the Specifications and any associated costs. Moon Digital will not proceed with the Services until Moon Digital receive your written approval to proceed.

Examples of Variations include:

It is our process to include Service management time in all quotes, but from time to time Moon Digital are required to not only manage the Moon Digital team but also manage your team. This is generally not known at the time of quoting and may be treated as a Variation.

If during the course of our engagement there are small changes in the Service, Moon Digital will contact you and provide an estimate of the Additional Costs for these small changes.

Where possible, Moon Digital will attempt to obtain approval from you prior to undertaking the additional work. However, in some cases due to deadline and availability constraints, this may not be possible and Moon Digital may proceed with the work without obtaining approval.

Additional Costs will be invoiced separately to the Client on an ad hoc basis, charged at current Professional Hourly Rates.

Examples of Additional Costs include:

You agree that once you have approved the list of key phrases for optimisation and use in the provision of the Services by Moon Digital, no changes can be made to that list during the duration of the Services.

7. PURCHASE OF STOCK IMAGES, FONTS, PHOTOGRAPHY, AUDIO OR VIDEO

Unless specified in the Project Brief, the Fees do not include any searches or purchase of stock images, commercial fonts, photography, audio or video.

You can provide stock images, commercial fonts, audio or video, or Moon Digital can purchase them on your behalf. When any stock images or commercial fonts are purchased on your behalf, Moon Digital will be the license holder and the image or font can only be used under the terms of the license/s.

You indemnify, and agree to keep Moon Digital, its directors, officers and employees indemnified, against all Loss arising out of the breach of these licenses.

Standard stock images will be charged according to our current stock image rates.

Costing for any font, photography, audio or video required will be provided for approval separately via a Variation Notice.

Ownership of the finished photography, audio or video will be transferred to you upon full payment of all issued invoices.

Moon Digital retains ownership of all working files.

8. YOUR APPROVAL & IMPLEMENTATION

Your approval and implementation may be required for a number of items (Approval & Implementation Item) presented to you:

When Moon Digital provide you with any Approval Item, you must notify us in writing whether you do or do not accept the completed Approval Item.

You will be deemed to have accepted the Approval Item if Moon Digital do not receive a response from you, within 5 business days.

Your acceptance of the completed Approval Item in accordance with Section 8 means that the Approval Item is complete, and no further amendments are necessary. However, Moon Digital will not proceed to the next Stage of the Service until Moon Digital receive your approval to proceed.

There may be Additional Costs in having to reschedule services, staff or facilitate continuance due to unplanned delays in obtaining approval. If unable to perform continuance, the Client may have to pay a shutdown and subsequent restart fee commensurate to the labour and resource costs incurred.

9. SCHEDULING, PRODUCTION AND SERVICE MANAGEMENT

If Moon Digital consider it to be necessary, Moon Digital will develop a production schedule for the Services. Moon Digital will use reasonable commercial endeavours to carry out the Services in accordance with that schedule.

If you delay in providing the approval, implementation, Client Content or feedback Moon Digital require, then this may result in:

10. SEARCH ENGINE OPTIMISATION (SEO)

Our Search Engine Optimisation Services may include:

Our Search Engine Optimisation Services exclude:

11. SEARCH ENGINE ADVERTISING

Our Search Engine Advertising Services may include:

Our Search Engine Advertising Services exclude:

Unless otherwise agreed, Moon Digital will utilise their professional account/s to engage the appropriate third party provider e.g. Facebook, Google.

The client acknowledges that Moon Digital source suppliers and placements, but the terms and conditions of those placements are governed by the suppliers. You will provide the access to your social media accounts or permission for us to set up accounts on your behalf.

12. DISPLAY ADVERTISING

Our Display Advertising Services may include:

Our Display Advertising Services exclude:

Unless otherwise agreed, Moon Digital will utilise their professional account/s to engage the appropriate third party provider e.g. Facebook, Google.

The client acknowledges that Moon Digital source suppliers and placements, but the terms and conditions of those placements are governed by the suppliers.

You will provide access to your social media accounts or permission for us to set up accounts on your behalf.

13. SOCIAL MEDIA ADVERTISING

Our Social Media Advertising Services may include:

Our Social Media Advertising Services exclude:

Unless otherwise agreed, Moon Digital will utilise their professional account/s to engage the appropriate third party provider e.g. Facebook, Google.

The client acknowledges that Moon Digital source suppliers and placements, but the terms and conditions of those placements are governed by the suppliers.

You will provide access to your social media accounts or permission for us to set up accounts on your behalf.

14. SOCIAL MEDIA MANAGEMENT (SMM)

Our Social Media Management services may include:

You will provide access to your social media accounts or permission for us to set up accounts on your behalf.

15. STRATEGY, CREATIVE AND ANALYTICS

Our Strategy, Creative and Analytics services may include:

16. ARCHIVING / RETRIEVAL

Moon Digital will endeavour to store or archive all electronic files used in the production of your Service. However, Moon Digital provide no guarantee that any stored or archived files can be retrieved in the future.

Once your Service is launched, archiving of the files and database and copies of these files becomes the responsibility of the Client. Moon Digital can at the request of the Client provide this service for an Additional Cost.

17. DISBURSEMENTS

Disbursement charges are not included in the Fees. If Moon Digital incur any disbursements or expenses during the course of the Service, Moon Digital will charge these to you as Additional Costs.

These may include but are not limited to:

18. WARRANTY DISCLAIMER

Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by legislation which cannot be lawfully excluded or limited. Such legislation includes the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances, each a non-excludable provision.

Subject to Moon Digital’s obligations under the non-excludable provisions, and to the fullest extent permissible by law, Moon Digital expressly disclaims all warranties and representations of any kind with respect to the Services whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.

19. LIMITATION OF LIABILITY AND WARRANTY

To the fullest extent permissible by law, Moon Digital is not liable (whether in contract or tort) for:

To the fullest extent permissible by law, in no event will Moon Digital’s liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising out of, or in connection with, this agreement exceed the amounts actually paid by the Client to Moon Digital for the Service;

Moon Digital makes no warranties regarding the likelihood of success of marketing or promotional activity undertaken pursuant to the agreement.

Without limiting the above, Moon Digital will use its reasonable endeavours to optimise the performance of your Digital Marketing Campaign, however, Moon Digital gives no warranties and makes no guarantees in respect of the performance of your Digital Marketing Campaign. You acknowledge that:

To the fullest extent permitted by law, the liability of Moon Digital for a breach of a non-excludable condition is limited to: in the case of the provision of services:

in relation to goods:

Moon Digital’s total aggregate liability for all claims relating to the agreement is limited to the price for the Services payable under this agreement.

Either party’s liability for any claim relating to the agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.

20. INDEMNITY

You indemnify, defend and hold harmless Moon Digital in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:

You indemnify, and agree to keep Moon Digital, its directors, officers and employees indemnified, against all Loss arising from actions taken performing Services.

21. INTELLECTUAL PROPERTY AND SUPPLY OF RAW / EDITABLE FILES

All Intellectual Property Rights in Service Intellectual Property vest in, or will upon their creation vest in Moon Digital.

Moon Digital grant you a non-transferable, non-exclusive license to:

The supply of raw / editable files is at the discretion of Moon Digital. Additional Costs will apply, and may be based upon a percentage of the original Project Brief, or a retrieval and release fee.

Stock images and commercial fonts remain the property of Moon Digital, under license or its licensors at all times and are governed under licensing restrictions and rules and are not transferrable.

All ad text, ad targeting, ad creative and all ad accounts remain Moon Digital’s;

Moon Digital do not warrant that your use of the designs, materials or content produced by us for you in the course of the Service will not infringe any third party’s Intellectual Property Rights or any person’s Moral Rights, but Moon Digital will advise you if Moon Digital become aware of any infringement.

You agree to carry the Moon Digital logo or Moon Digital text hyperlink in or under the website footer.

You agree to allow Moon Digital to use the Services provided for promotional and portfolio purposes.

As part of the Services, Moon Digital may place your company logo and case study on its corporate website or promotional collateral for promotional purposes and you irrevocably authorise Moon Digital to do so.

You agree to provide feedback or a testimony upon request after the release/closure of the Service.

22. CONFIDENTIALITY

Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Project Brief. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement. Each Party shall refrain from making negative comments about the other Party, whether online or in person.

The obligation of confidence as set out above does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities:

Each party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.

23. CALCULATION OF FEES IF NOT SPECIFIED

If the Fees are not specified (in a Purchase Order, Project Brief or otherwise) at the commencement of the Service, then Moon Digital will charge you at the Professional Hourly Rates for all work that Moon Digital carry out for you in the course of the Service.

The Professional Hourly Rates may change from time to time.

Moon Digital will perform the Services as specified in the Project Brief or as agreed in writing with the client, utilising the specified providers and/or platforms, for the specified term.

Moon Digital reserve the right to reallocate approved pay per click budget between different approved marketing platforms (Google, Facebook/ Instagram or LinkedIn or strategies (demographic targeting / remarketing) based on the effectiveness of the Digital Marketing Campaign in order to maximise results.

Refunds will not be issued for paused Digital Marketing Campaigns or overpayment, a credit note may be issued at Moon Digital’s discretion.

Travel time is not included in our quotations as Moon Digital office is our preferred location as it is appropriately set up for meetings and presentations. If you would prefer meetings at your office or any other location additional fees may apply.

Moon Digital reserves the right to charge Additional Costs caused by the Clients instructions, lack of instructions, interruptions, mistakes, work for which Moon Digital is not responsible and changes to the requirements, expectations or hardware and software environment, and extra work required caused by faults or defects in any service provided by a third party.

24. PAYMENT

Payment for Digital Marketing Campaigns must be made by credit card (Visa, Mastercard, Amex) or automatic direct debit from your nominated bank account.

Digital Marketing Campaigns run for the calendar month, payments must be received by the 20th of the preceding calendar month in order for the campaign to run in that calendar month.

Digital Marketing Campaigns that start mid-month due to delays in receiving approved ad creative or landing pages will have their monthly budget accelerated to be used by the end of that calendar month.

Billing for Digital Marketing Campaigns may not be paused during the initial Term.

The Term will automatically renew for subsequent periods of the same duration, unless either party gives the other party written notice terminating the agreement 30 days prior to the expiration of the Term.

The agreed monthly Online Advertising fees will be invoiced to the client prior to the end of the month. All Online Advertising fees charged by Moon Digital will be allocated as follows:

In relation to our Services, Moon Digital may issue invoices for:

Moon Digital reserves the right to suspend all services provided to the client until any payment default is rectified under this Agreement.

25. GST

Unless Moon Digital expressly state otherwise, the Fees and Additional Costs do not include GST.

If at any time Moon Digital decide that GST is payable on supplies made by us, or if the Australian Taxation Office assesses GST on any such supplies, then the necessary amount will be added to, and form part of, the Fees or Additional Charges (as the case may be) at the GST rate prevailing at the relevant time.

Moon Digital reserve the right to recover from you at any time such an amount on account of GST on supplies made by us to you under this agreement.

26. DURATION OF AGREEMENT AND ITS TERMINATION

Upon execution by both parties this agreement will take effect: immediately and remain in effect until the purpose of the Service has been achieved.

The term will automatically renew for subsequent periods of the same duration, unless either party gives the other party written notice terminating the agreement 30 days prior to the expiration of the term or both parties agree in writing to vary the Services provided.

A party may terminate this agreement by notice in writing to the other party if:

Moon Digital may terminate this agreement if:

Upon termination of this agreement:

27. DISPUTE RESOLUTION

If a dispute arises out of or relates to this Agreement, a Party may not commence any court or arbitration proceedings relating to the dispute unless the Party has complied with this clause, except where the Party seeks urgent interlocutory relief. Where a Party fails to comply with this clause any other Party in dispute with the Party so failing to comply need not comply with this clause before referring the dispute to arbitration or commencing Court proceedings relating to that dispute.

A Party claiming that a dispute to which this clause applies has arisen under this Agreement or in relation to this Agreement shall give written notice to each of the other Parties designating as its representative in negotiations relating to the dispute a person with authority to settle the dispute on its behalf. Each other Party given written notice shall promptly give notice in writing to each other Party designating as its representative in negotiations relating to the dispute a person with similar authority.

Moon Digital may pause work to conduct whatever investigations deemed appropriate and, within 90 days of the given written notice, seek to resolve the dispute.

If the dispute is not resolved within the following 90 days (or within such further period as the representatives may agree is appropriate), the Parties shall within a further 90 days (or within such further period as the representatives may agree is appropriate) seek to agree on:

After the expiration of the time established by or agreed upon under the Clause for agreement on a dispute resolution process, any Party which has complied with the provisions of Clause 27 and may in writing terminate the dispute resolution process provided for in those paragraphs and may then refer the dispute to arbitration or commence Court proceedings relating to the dispute.

28. GENERAL

Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.

This agreement does not create a relationship of employment, agency or partnership between the parties.

Moon Digital may sub-contract our obligations under this agreement.

The failure of a party at any time to insist on performance by the other party of an obligation under this agreement is not a waiver of any of its rights.

If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.

The additional terms and conditions referred to sections 18, 19, 20, 21, and 22 do not apply to the extent that they:

Moon Digital may change this agreement from time to time. The new terms will apply to any Service that commences after the date that Moon Digital publish the changed terms and conditions. Your engagement of our Services after that date signifies your acceptance of the amended agreement.

This agreement is governed by the laws of Queensland and the Commonwealth of Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and shall not:

This agreement is to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, Moon Digital limits its liability in respect of any claim to, at Moon Digital’s option:

29. INTERPRETATION

In this agreement:

Definitions

Additional Costs means all additional costs that Moon Digital are permitted to charge you under this agreement.

Approval Item is defined in clause 8.1.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Moon Digital, we, us or our means Moon Digital Pty Ltd (ABN 33 634 682 358) of FITZROY NORTH VIC 3068

Broken Links usually occur when pages are renamed or removed from an existing or new website. Search engines look at the number of broken links when determining a website’s ranking, making regular cleanup necessary. The volume of work involved and frequency vary with each individual website. Therefore, clean up is not included in your SEO campaign. Moon Digital will do regular broken link checks and advise you of what broken links need to be cleaned up.

Change of Strategy Mid-Campaign If you decide to change your keywords, ad text, ad targeting, ad creative within 3 months of commencement of the Online Advertising services or 12 months of the commencement of the Search Engine Optimisation services, you will be charged at our Professional Hourly Rate to make those changes.

Claim means a demand, action or proceeding of any nature whether actual or threatened.

Client, you or your means, in relation to any work that Moon Digital do for you:

Client Content is defined in section 5.

Confidential Information of a party:

  1. means any information:
    1. regarding that party’s business or affairs;
    1. regarding that party’s customers, employees, or other people doing business with that party;
    1. which is by its nature confidential;
    1. which is designated as confidential by that party at the time of disclosure or within 14 days after disclosure; or
    1. which the other party knows or ought to know is confidential;
    1. includes without limitation (unless excluded below) that party’s Intellectual Property Rights and these terms and conditions; but
    1. does not include information to the extent that information is developed or known by the other party independently of this agreement and independently of any obligation of confidence (including because it is in the public domain).

Consumer Guarantee means a consumer guarantee applicable to this agreement under the Australian Consumer Law, (including any ‘express warranty’ within the meaning of section 2(1) of the Australian Consumer Law).

Content Management System (CMS) A content management system (CMS) is a web-based software application or set of related programs that are used to create and manage digital website content.

Copywriting & Content Generation All SEO campaigns include initial website copywriting and content generation as part of the ongoing article submission and Link Building strategy. If your advertising strategy requires additional copywriting and content generation in the form of blog articles, press releases or additional landing page or website content this can be produced at our Professional Hourly Rate.

Digital Marketing Campaign is the execution of the Services as defined in section 3, combined with the strategy, keywords, ad text, ad targeting, ad creative as agreed between the client and Moon Digital.

Fees means, in respect of a Service:

(a) the Fees payable to us for the Service as set out in a Project Brief or Invoice or

(b) if no Fees are specified, Fees for all work Moon Digital do in the course of the Service calculated in accordance with section 23.

Finalisation means when the Service is handed over to you for your data entry and/or testing (not when the Service is launched).

Final Completion means the works is deemed complete by Moon Digital and the final invoice will be issued, with payment due from the Client within 7 days.

GST means a goods and services tax or similar tax levied in Australia.

Insolvent in relation to a party, means that:

Intellectual Property Rights means all industrial and intellectual property rights anywhere in the world, including:

Keyword Recommendations Moon Digital will aim to find the most profitable keywords for your business. These keywords will have the right context, have significant demand, rank potential, and able to grow current organic visibility. Once these are agreed, we do not recommend a Change of Strategy Mid-Campaign. The movement of these keywords depends on a number of factors including the nature of the business, industry, search volume and search demand. Improvement comes gradually and it takes months of monitoring before we gauge keyword performance.

Landing Page or Website Development We will provide an initial landing page or website assessment to recommend changes to improve your conversion rate. If your landing page or website is built on one of our supported Content Management Systems we may be able to make changes to your landing page or website at our Professional Hourly Rate.

Link Building We will create hyperlinks (backlinks) from a number of different news, blog and directory websites to your website’s URL. Search engines analyse the popularity, relevance, and authority of a website through the number of quality hyperlinks pointing back to the website. Growing the backlink profile of a website is a critical part of SEO. The more quality backlinks a website has from trusted sources, the better the chances are for ranking at the top of search results.

Local SEO Report As part of the search engine optimisation Services and in accordance with Moon Digital’s discretion we will prepare a comprehensive report that details the recommended best practice changes to local directory listings that are necessary to improve the website’s rankings in the most popular search engines at that point in time. These practices will change from time to time as determined by the regularity of the search engines algorithm updates. Moon Digital will use its best endeavours to update and reissue the Local SEO Report as frequently as Moon Digital deems is necessary to reflect best practice local SEO practices.

Moon Digital will create local citations for the client. Citations show the website’s relevance and validity, which help search engines identify the business’ expertise in a particular niche. Citations include local directory listings such as Google My Business, Bing Places, Yelp, Maps Connect (Apple), and many more. For these local citations to be effective, the business name, address, and phone number (NAP) must be consistently listed across the web. All these will be detailed in the Local SEO Report we will send to the client.

Loss means:

Monthly Progress Report Every month, we will send a report which details the Digital Marketing Campaign’s progress and enquiry volume (where available). This is also the time when account managers schedule calls to clients to explain how the Digital Marketing Campaign is progressing and if there are recommended changes needed to be completed to further improve the Digital Marketing Campaign.

Moral Rights are defined in section 189 of the Copyright Act 1968 (Cth), and includes any similar rights in any jurisdiction outside Australia.

New Website Migration Maintaining organic position in search results when launching a new website requires extensive planning & research and careful & precise execution. There is a strict process that needs to be followed to ensure all ranking equity, organic rankings, and traffic are retained. A big part of this process is mapping and implementing a series of 301 redirects. When planning the new website build, please contact Moon Digital and we will provide you a list of key pages and content that need to be included as part of the new site. In addition, when the site is nearing completion, please let us know and we will produce a mapping document that will lay out what old pages need to be redirected to new pages to ensure no ranking equity is lost.

Online Advertising includes Search Engine Advertising, Display Advertising, & Social Media Advertising.

On Page SEO Report As part of the search engine optimisation Services and in accordance with Moon Digital’s discretion we will prepare a comprehensive report that details the recommended best practice changes to the website that are necessary to improve the website’s rankings in the most popular search engines at that point in time. These practices will change from time to time as determined by the regularity of the search engines algorithm updates. Moon Digital will use its best endeavours to update and reissue the On Page SEO Report as frequently as Moon Digital deems is necessary to reflect best practice on-page SEO practices.

The On Page SEO Report will recommend a series of changes to the website (on site changes). Generally, most of the on-site content and basic structural changes for an SEO campaign can be done through the website’s Content Management System (CMS). However, there may be more major structural changes required on your website such as changes to: the URL structure, new page templates, sitemaps, website crawlability, mobile friendliness, page speed, social media buttons, breadcrumbs snippet, structured data schema, and Broken Links cleanup which will need to be completed by the clients website developer. If your website is built on one of our supported Content Management Systems we may be able to make changes to your website at our Professional Hourly Rate.

Privacy Policy Before you can conduct search engine or social media advertising your website must have a privacy policy stating what you do to protect your visitors’ privacy and disclose the use of cookies on the site. We are unable to activate live search engine or social media advertising campaigns until your website has a compliant privacy policy. We can prepare one for you at our Professional Hourly Rate.

Project Brief means a proposal or fee estimate that Moon Digital provide to you in respect of any work that you have asked us to do.

Professional Hourly Rate means the rate Moon Digital charges per hour for professional Services and is currently $100.00 + GST (subject to change).

Purchase Order means a document issued (in writing or electronically) by us to you that sets out:

Schedule of Fees means the rates and packages attached to this document, and any replacement of that professional services schedule released from time to time.

Service means, in relation to any work that Moon Digital do for you:

Service Intellectual Property means designs, artwork, software and materials provided to you in the course of the Service, and any other Intellectual Property Rights created in the course of the Service, but does not include:

Specifications means specifications for the work that you have asked us to do, and that you provide to us before or at the commencement of the Service.

Title Guarantee means a guarantee pursuant to any of sections 51, 52 or 53 of the Australian Consumer Law.

Variation means changes to the Project Brief, Specifications as described in section 6 and elsewhere in this agreement.

Variation Notice means is the written notification regarding the costs associated with Variations as described in section 6 and elsewhere in this agreement.

Warranty is any fix required to a supplied Moon Digital Service within 28 days of Finalisation. The determination of warranty labour is at Moon Digital’s discretion.

Website Maintenance & Security Updates A slow-loading, poorly working website will negatively affect the success of any Digital Marketing Campaign. If a search engine determines that a website has broken pages, spam or viruses, it would no longer list the website in search results. Search engines make sure that the links served at the top of search results are quality websites that visitors would find helpful and relevant. To keep your Digital Marketing Campaign working optimally, regular website maintenance and security updates must be done. This includes checking the website’s back-end for any bugs and errors, monitoring search console, conducting link cleanup, security version updates and patches. The client’s website developer must ensure these tasks are completed regularly. If your website is built on one of our supported Content Management Systems we may be able to make changes to your website at our Professional Hourly Rate.