Terms & Conditions
Please read these terms and conditions carefully. They govern the use of this website and the provision of Marketing Matrix AI’s services described on this page, acceptance of which constitutes a legally binding contract.
INTERPRETATION AND DEFINITION
In this Agreement, the following terms shall have the respective meanings assigned to them:
- Marketing Matrix AI – Marketing Matrix AI Pty LTD, provider of online marketing solutions.
- Client – The Company that enters into an agreement with Marketing Matrix AI, its employees, agents, representatives, and sub-contractors, to whom the Service is provided as set out in the Project Brief.
- You – Any visitor to the Marketing Matrix AI site.
- Site – The Marketing Matrix AI website at marketingmatrixai.com
- Commencement Date – The date of commencement of the Services as set out on the signed Project Brief.
- Fees – The amounts payable by the Client for the Services provided by Marketing Matrix AI as detailed in the Project Brief.
- Initial Term – Unless otherwise stated in the Project Brief, either 180 days from the Commencement Date for SEO contracts and 90 days from the Commencement Date for Google AdWords™ or Social Media advertising.
- Payment Terms – The agreed schedule of payments that the customer shall make to Marketing Matrix AI for the provision of services forming part of these Terms and Conditions.
- Services – The services that Marketing Matrix AI currently offers, details of which are on the Marketing Matrix AI website and the services to be provided by Marketing Matrix AI to the Client as specified in the Project Brief.
This Agreement is by and between Marketing Matrix AI Pty LTD, its Clients their heirs, assigns, agents and contractors and Users of Marketing Matrix AI’s website and is made effective as of the date of electronic execution. By accessing the Marketing Matrix AI website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.
1.1 By offering this site for use, Marketing Matrix AI provides a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. Marketing Matrix AI reserves the right to amend or terminate this license at any time and for any reason.
1.2 Failure to comply with these Terms may result in the automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, Marketing Matrix AI does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.
1.3 The Marketing Matrix AI name and logos are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, information, graphics, or underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only.
1.4 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved. Downloading any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.
- LINKS TO OTHER WEBSITES
2.1 Links to other websites are provided for your convenience. Marketing Matrix AI does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. Marketing Matrix AI will not be liable for any damages or injury arising from your access to such sites or content.
- LIMITATIONS ON USE OF SITE
3.3 You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, another automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent of Marketing Matrix AI.
TERMS OF SERVICE
Marketing Matrix AI offers internet marketing services that include, but are not limited to: search engine optimisation (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.
- QUOTE FOR PROVISION OF SERVICES
1.1 All quotes supplied by Marketing Matrix AI are valid for 7 days from the date the quote is provided. Marketing Matrix AI may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
- COMMENCEMENT OF SERVICES
2.1 Marketing Matrix AI will send the Client an email requesting additional information for the Project Brief. Marketing Matrix AI will commence work within fourteen (14) days after the date of receipt of information.
2.2 Marketing Matrix AI will use its best endeavours to provide Service to Clients within a reasonable timeframe. Marketing Matrix AI is not liable for delays to projects or anticipated timeframes for delivery of service.
- PAYMENT TERMS
3.1 Client agrees to pay for the Products and Services in full, prior to work commencing on the Project Brief, unless otherwise agreed at Marketing Matrix AI’s discretion. Invoices are payable within five (5) business days from the date of the invoice.
3.2 Client may request a full refund within seven (7) days of remitting payment to Marketing Matrix AI, prior to work commencing. The client acknowledges that no refunds are available once work has commenced on the Project Brief and additional requests for refunds will require Management review.
3.3 For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee. The client will be billed for each month for the maintenance fee until the customer provides Marketing Matrix AI with a written cancellation request.
3.4 If the Client provides Marketing Matrix AI with their credit card information, you authorise Marketing Matrix AI to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Marketing Matrix AI cancellation policy.
3.5 Client may elect to have invoices paid by direct debit. By completing a direct debit request, the Client authorises Marketing Matrix AI to arrange for account funds to be debited to your account.
3.6 All payments to Marketing Matrix AI Pty. Ltd. will be made in AUD (Australian Dollar).
- LATE OR NON-PAYMENT
4.1 If payment has been declined or has not been made, the Client’s account will be suspended and a reactivation fee of $50 will apply.
4.2 For returned cheques due to insufficient funds, Marketing Matrix AI reserves the right to request alternate payment methods.
4.3 If payment has not been received after 30 days, this will result in the termination of our services and any links and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.
- CLIENT OBLIGATIONS
5.1 Client will provide Marketing Matrix AI with reasonable direct and remote access to its website and shall provide such other reasonable assistance as Marketing Matrix AI may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable Marketing Matrix AI to comply with its obligations under this Agreement.
5.2 Marketing Matrix AI shall provide the Services during the continuance of this Agreement Marketing Matrix AI will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.
5.3 Where the Service being provided requires, Marketing Matrix AI will liaise with the relevant web agency, hosting company or other third parties in order to provide the Services. Marketing Matrix AI shall not be liable for any act or omission by the relevant web agency, hosting company or other third parties, if such act or omission results in Marketing Matrix AI breaching its obligations under this Agreement.
5.4 Marketing Matrix AI will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that Marketing Matrix AI has the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
- IMPLEMENTATION OF SEO SERVICE
- By engaging Marketing Matrix AI for SEO services, the Client agrees to the use of AI technology as an integral part of those services and to the potential limitations and biases of such technology. The Client acknowledges that Marketing Matrix AI will use reasonable efforts to ensure that the AI technology used for the Client’s SEO campaign is accurate and reliable, but that the ultimate results of the campaign are subject to various external factors that are beyond the control of Marketing Matrix AI.
The Client further acknowledges that the use of AI technology may involve the processing of personal data, including but not limited to website usage data, search history data, and demographic data. Marketing Matrix AI will take all necessary measures to ensure that such data is processed in accordance with applicable data protection laws and regulations and that the Client’s data is protected against unauthorised access or disclosure.
The Client agrees to provide Marketing Matrix AI with all necessary access and permissions to enable the use of AI technology for the Client’s SEO campaign, including access to the Client’s website and relevant data sources. The Client also agrees to provide accurate and complete information to Marketing Matrix AI to facilitate the effective use of AI technology in the Client’s SEO campaign.
In the event that the Client has any concerns or objections regarding the use of AI technology for their SEO campaign, they are advised to contact Marketing Matrix AI to discuss their concerns and seek clarification.
6.3 Client acknowledges that Search Engine Optimisation (SEO) involves numerous factors beyond Marketing Matrix AI’s direct control. Search engines are third-party systems with unpredictable variables, algorithms, and indexing decisions that can change without warning or notice. Marketing Matrix AI will employ its best efforts, techniques, and accepted standards to enhance the Client’s Search Engine Ranking but cannot guarantee the #1 ranking for the Client’s website on any major Search Engine using Client’s desired keywords. The client further acknowledges that the website’s ranking for a specific search term depends on both the relevancy of that term on their pages and the popularity of that term on other websites.
6.5 Marketing Matrix AI is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
6.6 Marketing Matrix AI is not responsible for the Client overwriting Marketing Matrix AI’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimised). The Client will be charged an additional fee for re-constructing content.
6.7 Marketing Matrix AI follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
- duplicate sites, duplicate content or pages, redirects or doorway pages.
- link farms or any spanning techniques which may harm the website’s ranking with Google.
- Increased traffic or sales
- hidden links
- automated website submission software or websites
6.8 Client acknowledges that Marketing Matrix AI will add an “SEO Services” by “Marketing Matrix AI” link to the footer section of each website they work on. This is Marketing Matrix AI’s branding and removing it will cost $250.
- IMPLEMENTATION OF GOOGLE ADWORDS®
7.1 Marketing Matrix AI shall provide the Client with a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.
7.2 Client expressly permits Marketing Matrix AI to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. The client’s account will be deemed active once Google™ approves it for online advertising. Marketing Matrix AI is not liable if the Client’s account is rejected.
7.3 Marketing Matrix AI acknowledges that the Client owns the Google AdWords™ Account developed by Marketing Matrix AI. Upon expiration of the term of this agreement, the Client may retain the account and all its configuration.
7.4 Marketing Matrix AI will send a draft to the Client once work is complete. The client agrees to review and approve said draft within fourteen (14) business days. Marketing Matrix AI is not liable for errors or omissions once the ads are deployed.
- FACEBOOK AND SOCIAL MEDIA ADVERTISING
8.1 Marketing Matrix AI agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to Twitter™, YouTube™, Digg™ and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Brief.
8.2 Client agrees to provide Marketing Matrix AI with information (ad banners and website links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by Marketing Matrix AI. Drafts will be sent to the Client for approval before being submitted to the relevant site.
8.3 Client agrees that any images to be used in advertisements will be supplied to Marketing Matrix AI. The client acknowledges that if images are not provided, additional design fees may be payable. Marketing Matrix AI will include these additional fees on the invoice.
8.3 Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. Marketing Matrix AI will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, Marketing Matrix AI shall require the Client to supply a new copy acceptable to the aforementioned sites. Marketing Matrix AI cannot be held liable for the rejection of ads by third-party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, Marketing Matrix AI is not liable for this decision and no refund will be payable.
- LINK BUILDING
9.1 If requested Marketing Matrix AI shall provide the link-building services as specified on the Marketing Matrix AI website and to the agreed specifications on the Project Brief.
9.2 The number of links stated in the Project Brief is the number of links that MARKETING MATRIX AI will provide on the link-building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
9.3 MARKETING MATRIX AI offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
9.4 Client acknowledges that MARKETING MATRIX AI is not liable for the content of those sites. Use of any such linked website is at the Client’s own risk.
9.5 The inclusion of any link does not imply endorsement by MARKETING MATRIX AI of the site.
9.6 Client acknowledges that linking to “bad neighbourhoods” or receiving links from “link farms” can seriously damage all SEO efforts. MARKETING MATRIX AI does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
We utilise a hybrid approach for our SEO services, which combines the expertise of professional copywriters with the capabilities of AI technology. By engaging our services, the Client acknowledges and agrees to this approach and understands that the use of AI may be involved in the creation of content and optimisation strategies. While our AI technology is designed to enhance the quality and efficiency of our services, the Client acknowledges that the ultimate responsibility for the accuracy and suitability of the content and strategies rests with our team of professional copywriters. We strive to deliver high-quality services to our clients, and the use of AI is one of the tools we utilise to achieve this goal.
10.1 Marketing Matrix AI agrees to produce written material for inclusion on the Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
10.2 Marketing Matrix AI agrees that it will be the sole author of the work, which will be original work by MARKETING MATRIX AI copywriters, free of plagiarism. Marketing Matrix AI agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
10.3 Client may provide an additional copy to Marketing Matrix AI. Client accepts full responsibility for all detail contained in the copy provided to Marketing Matrix AI and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
10.4 Marketing Matrix AI acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication and that Marketing Matrix AI will cooperate with Client in editing and otherwise reviewing the work prior to publication.
10.5 Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. Marketing Matrix AI is not liable for errors discovered after publication.
10.6 AI-Enhanced Content Creation and Restructuring
By agreeing to these terms and conditions, you grant us permission to use artificial intelligence (AI) technologies, such as AI-powered content creation tools and algorithms, to generate content ideas, create new content, and restructure existing content on your website. This can include, but is not limited to, creating blog posts, articles, social media posts, and other forms of written and multimedia content.
The AI-enhanced techniques we employ are designed to optimise your website’s content for search engines, improve user experience, and increase overall engagement with your brand. Our AI tools will analyse your existing content and industry trends to generate relevant, high-quality content ideas that resonate with your target audience.
We will use AI to restructure your existing content in a way that enhances its readability, relevance, and value to your users. This may involve reorganising paragraphs, rewriting sentences, and updating outdated information to ensure your content remains fresh, informative, and engaging.
Please note that while our AI-enhanced content creation and restructuring techniques are highly advanced, they may not always be perfect. We encourage you to review the content generated or restructured by our AI tools and provide feedback to help us improve our services further. We reserve the right to make final decisions on the content we create or restructure on your website, but we will always prioritise your preferences and brand guidelines when employing AI-enhanced techniques.
By using our AI-enhanced content services, you acknowledge that the content generated or restructured by our AI tools becomes your property. However, you are responsible for ensuring that this content complies with all applicable laws, regulations, and guidelines, as well as any third-party rights, including copyright, trademark, privacy, and other intellectual property rights.
- WEB DESIGN AND DEVELOPMENT
11.1 Marketing Matrix AI agrees to design and develop a website at the Client’s request and will deliver the work to the agreed specifications in the Project Brief.
11.2 Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to Marketing Matrix AI within 30 days of signing the agreed Project Brief.
11.3 Client agrees to supply the Marketing Matrix AI with adequate photography or imagery to use in the design, or our marketing team may recommend a stock photography bundle to suit the project. If the Client would like a professional photographer to visit their location and provide original images, Marketing Matrix AI can provide this service for an additional fee. The client acknowledges that an additional fee may also be assessed for any stock photography we acquire. We strive to provide high-quality imagery that is tailored to the Client’s needs and will work with them to ensure that the photography used in their project meets their expectations.
11.4 Client agrees that if it fails to deliver information or content to Marketing Matrix AI to enable development work to commence within thirty (30) days, Marketing Matrix AI may at its discretion consider the project cancelled. The client also agrees that no refund would be payable under this circumstance and will not hold Marketing Matrix AI liable for subsequent breach of this Agreement.
11.4 Marketing Matrix AI will send the Client a “Web Draft” once work is completed. The client agrees to review and test the website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify Marketing Matrix AI of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to Marketing Matrix AI within fourteen (14) working days after receipt of the draft.
11.6 Client is responsible for acquiring and purchasing a domain name. Marketing Matrix AI may at its discretion advise the Client on suitable names.
11.7 Client hereby acknowledges that Marketing Matrix AI is not responsible for any errors, grammatical or otherwise found in the submitted material Client provides towards the development of the website.
11.10 Marketing Matrix AI agrees to resolve any errors or implement revisions requested by the Client. The client agrees that a maximum of three revisions are available.
11.11 Client acknowledges that any change requests after final approval have been given to Marketing Matrix AI or after the website is live in Production, that Marketing Matrix AI reserves the right to require Client to sign a new contract and pay any subsequent fees. Marketing Matrix AI will not commence work on subsequent change requests until full payment has been received.
11.12 Client acknowledges that Marketing Matrix AI will add a “Web Design” by “Marketing Matrix AI” link to the footer section of each website they work on. This is Marketing Matrix AI’s branding and removing it will cost $250.
12.1 Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.
12.2 Marketing Matrix AI may recommend changing the Client’s host or server, in order to protect the interests of your website’s ranking within the Search Engines. Marketing Matrix AI offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
12.3. Client may elect to host their website with Marketing Matrix AI for an additional annual fee. Client agrees to pay the annual hosting charge in advance of the commencement of hosting services
12.4 Client acknowledges that Marketing Matrix AI may from time to time be required to perform maintenance, upgrades or replacements to servers. Marketing Matrix AI reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, Marketing Matrix AI will notify the Client via e-mail at least 24 hours before the due date and time for maintenance.
INTELLECTUAL PROPERTY AND COPYRIGHT
13.1 The technology and content provided on the Marketing Matrix AI Site, unless specified otherwise is owned by or licensed to Marketing Matrix AI. Content includes but is not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
13.2 Marketing Matrix AI and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology are protected by Australian and international intellectual property laws.
13.4 For all content, imagery or photography provided to Marketing Matrix AI in the provision of services, Client hereby warrants:
- i) they own the intellectual property rights in that content;
- ii) that content does not infringe the intellectual property rights of a third party;
iii) that content is not fraudulent, stolen, or otherwise unlawful;
- iv) that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
- v) that content is not defamatory, unlawfully threatening or unlawfully harassing; and
- vi) that content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
13.4 Marketing Matrix AI reserves the right to refuse any content it considers to be in contravention of any of the above statements.
- STOCK IMAGERY/PHOTOGRAPHY
14.1 Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.
14.2 Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by Marketing Matrix AI. Any editing of the dimensions in which they appear may contravene their usage rights.
- TRUTH IN ADVERTISING
15.1 Client hereby warrants that there is nothing in any advertisement or other material provided to Marketing Matrix AI, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.
15.2 Client agrees to indemnify and hold harmless Marketing Matrix AI, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material
- ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
16.1 All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Marketing Matrix AI during the implementation of any contract between Marketing Matrix AI and Client shall remain with Marketing Matrix AI until full payment has been received.
16.2 Upon full payment, Marketing Matrix AI hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.
- TERM OF AGREEMENT AND CANCELLATION
17.1 The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
– 180 days for search engine optimisation contracts
– 90 days for Google AdWords™ and Social media advertising contracts
17.2 Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 7 days’ written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
17.3 Cancellations become effective on the day processed by Marketing Matrix AI. The client will be notified of the cancellation via email.
17.4 If the Client cancels before the end of the initial contract term a $50 penalty will be assessed.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
18.1 Marketing Matrix AI warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Project Brief.
18.2 Client acknowledges that Marketing Matrix AI does not warrant or make any representations concerning the accuracy of design, content, features, functions, and performance of any web pages created by Marketing Matrix AI or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimisation services it provides.
18.3 Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by Marketing Matrix AI rests solely with them.
18.4 Client hereby agrees that Marketing Matrix AI is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third-party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
18.5 Client agrees Marketing Matrix AI is not liable for the absence of services as a result of illness or holiday.
18.6. The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by Marketing Matrix AI and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
18.7 The use of this site is at your sole risk. All materials, information, and services are provided “as is,” with no warranties or guarantees of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limitation, Marketing Matrix AI makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free.
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Marketing Matrix AI or any of its underlying service providers, business partners, information providers, licensors, officers, directors, account providers, employees, distributors or agents (collectively referred to for purposes of this section as “Marketing Matrix AI”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Marketing Matrix AI shall have been informed of the possibility of such damages, or for any claim by any other party.
In the event that notwithstanding the foregoing, Marketing Matrix AI is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of Marketing Matrix AI to you will be limited to the amount you paid for the services.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
21.1 Client acknowledges and agrees that Marketing Matrix AI, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:
- fails to pay any sum due under this Agreement and such sum remains unpaid for 5 days after written notice from Marketing Matrix AI that such sum has not been paid;
ii. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or
iii. fails to fulfil any of its obligations under any part of this or any other agreement that it has with Marketing Matrix AI; or
iv. interferes with or impairs the Service, or Marketing Matrix AI’s ability to deliver the Services.
vi. behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.
22.1 Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.
23.1 Client agrees to indemnify and hold harmless Marketing Matrix AI, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.
24.1 If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.
25.1 This Contract shall be governed by the laws of the State of New South Wales, Australia. The parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.
- ENTIRE CONTRACT
26.1 These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersede all previous negotiations, commitments and agreements about the website and the services.