ENGAGEMENT LETTER – Fez Web Marketing and Customer
This is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide.
“Client” or “you” means the entity, acquiring goods or services from us in the Engagement Letter.
“Engagement Letter” means this document including the Terms and Conditions, schedules and annexures set out herein.
“Services” means the scope of the services specified in the Proposal, Engagement Letter, or as varied in accordance with these Terms and Conditions.
Purpose, Scope and Output of the Engagement
Fez Web Marketing will provide professional services at your request. The details of the services provided in this agreement are detailed in the contract executed by you on commencement.
Only the services which are listed in the contract executed by you on commencement of the agreement are included within the scope of our instructions. If there is additional work that you wish us to carry out which is not listed in the contract, any additional work will be quoted to you and is to be agreed by you either verbally, in writing, or if you continue to engage our services we will take it you agree for us to proceed with commencement of said additional work.
Period of Engagement
This engagement starts on contract beginning date and is valid until the contract expiration date as set out in the contract executed by you on Ignition. The contract will automatically renew for the original period of the contract unless we receive notice from you that you wish to terminate the contract on the expiration date. Notice of termination must be 30 days and be provided to us in writing.
If your circumstances change and you wish to terminate the contract during the specified contract period agreed by you on commencement of the contract, a minimum of three (3) months notice is required and/or you must make payment of the fees equivalent to three (3) months fees that you agreed to pay to us for our services in the contract executed by you on commencement. We reserve our right to rely on this contract for any failure by you to make payment as set out in this default clause.
Service and Price Guarantee
Fez Web Marketing will always stand behind the quality and professional nature of the services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We’d love the opportunity to correctly address your concerns and allow us a chance to win your trust back and prevent similar problems from happening in the future.
If you are still not satisfied with the outcome of our services, we will work towards a mutual agreement regarding the payment for services completed. As an example, we may agree to either forgive the related payment or accept a portion of the originally agreed price that reflects your level of satisfaction.
Our advice and information is for your sole use, and we accept no responsibility to any third party, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work.
Ownership of Documents
All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our records.
Client Responsibilities and Warranties
In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required to provide the Services; as allowed for by law; or with your express written consent.
The Client is responsible for the reliability, accuracy and completeness of the website records, particulars and information provided and disclosure of all material and relevant information. Clients are also responsible for providing us with such materials and relevant information in a timely manner so that we may provide our Services to you in a timely manner. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to the Client is only an opinion which is based on our knowledge of the Client’s particular circumstances and is informed by the information, materials account records and particulars provided to us by the Client.
You agree that we are entitled to rely on the accuracy and completeness of any information you provide us under this agreement and in order to provide our services to you. Fez Web Marketing accepts no liability or responsibility for any loss, damage, claim or expense that you may suffer as a result of you providing us with inaccurate, incomplete, incorrect out of date or untimely digital marketing records, particulars or information, and you waive and release us from any and all such liability.
You agree to pay Fez Web Marketing the Fees in accordance with the Billing Schedule set out in this agreement.
You warrant that you have not relied on any representations or warranties made by Fez Web Marketing in respect of the Services which have not been expressly set out in this agreement.
We may involve third party contractors or outsourced service providers in providing various aspects of your marketing work. These services may include
Acceptance of our services in conjunction with this engagement document indicates your acceptance of the use of outsourced services as described above. Where the outsourced service requires the disclosure of personal information to an overseas recipient, a consequence of your consent is that Fez Web Marketing will be required to take reasonable steps to ensure that Australian Privacy Principles are complied with by the overseas recipients of the Personal Information.
Fez Web Marketing has taken all available measures to ensure the security and privacy of your data is protected and follows the notifiable data breaches scheme as outlined in the Privacy Act 1988.
Limitation of Liability
We will comply with our agreement with you and do our best to ensure that we will achieve results. We are however unable to make any guarantees as each individual service provided is different and results may vary as they are influenced by budget, industry and worldly factors, inter alia.
Fez Web Marketing Pty Ltd and Farres Kalla are not responsible for your actions. You are solely responsible for your own moves and decisions and the evaluation and use of our products and services should be based on your own due diligence. You agree that the Fez Web Marketing are not liable to you in any way for your results in using our products and services.
Refunds are not generally given in the normal circumstances. We will always do our best to comply with our obligations pursuant to this contract however if you feel we have not, please put your concerns in writing for us to consider.
We will not tolerate any false, misleading or defamatory allegations made by any party. We reserve our right to rely on any communication that is deemed not confidential in the relevant jurisdiction.
Termination of this engagement
In addition to the terms set out herein and in particular the period of engagement and default clauses herein, we may terminate this engagement on reasonable notice if any of the following circumstances occur:
* you fail to pay our accounts on time;
* You fail to provide us with requested information
* you fail to provide us with adequate instructions;
* your instructions involve acting contrary to the interests of another client;
* a conflict of interest has arisen or it is not appropriate for us to continue to act on your behalf;
* we are no longer be able to provide all or part of the Services to you because of applicable auditor independence rules or legislation without ceasing to be independent in relation to an audit client; or
* for any other reasonable and just cause.
You agree that we will communicate with each other by electronic means such as e-mail, SMS etc. We and you each recognise that e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. In addition, the internet is prone to viruses. We and you each recognise these hazards and so each of us will be responsible for protecting our own systems and interests and neither of you nor we will be responsible to the other on any basis for any loss or damage in any way arising from the use of electronic communication.
Services may be billed on a fixed rate or hourly billing rate, as indicated in the Contract signed by you on Ignition.
Invoicing and Payment
We will submit our bill(s) as indicated herein. If an extension of our services is requested, we will discuss our fee arrangements at that time. Plan implementation as well as plan monitoring and updating, if needed, are separate engagements. If you choose one of these additional services, a separate engagement letter will be provided. These services will be billed separately.
We reserve the right to suspend our services or to withdraw from this engagement in the event that any of our invoices are deemed delinquent. In the event that any collection action is required to collect unpaid balances due to us, you agree to reimburse us for our costs of collection, including lawyers’ fees.
We may collect Personal Information about your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988 (Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you. We will handle personal information in accordance with the Privacy Act.
Confirmation of Terms
Please review and digitally sign this letter below to indicate that it is in accordance with your understanding of the arrangements. This letter will be effective for future years unless we advise you of any change.
Fez Web Marketing
Acknowledgment of Terms of Engagement
By signing below, I confirm I have the authority to contract on behalf of Client’s Name. I hereby agree to the terms of engagement dated Date of Fez Web Marketing as set out above in this letter of engagement.
I, Client’s name, of Name confirm that I understand and agree to the terms of engagement.
Signed: Client’s Sign
Print Name: Client’s Name