Terms of Services

Definitions

Agreement / Terms and Conditions  means your agreement with us as contained in this document (as may be modified from time to time).
Google / Google Business Profile / Search Engine  means Google and Google Business Profile except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
I, You, Your / Account Holder  means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / Zapp Digital  ABN 53 834 887 966 trading as Zapp Digital.
Account   refers to any Google account created by Zapp Digital in the course of providing services to the customer and the data pertaining to such Google accounts.

TERMS & CONDITIONS

Whilst Zapp Digital are managing your Google Business Profile (GBP) account, the following terms and conditions apply:

Zapp Digital will provide Client with Google Business Profile (GBP) Management Services (hereinafter referred to as “LOCAL SEO”) as described in these terms. 

1. For clarity, please note that:

  • Zapp Digital are NOT owned or affiliated with Google. 

  • Zapp Digital is NOT Google, Google Ads, Facebook or Yahoo;

  • Zapp Digital is an independent company specialising in providing LOCAL SEO services.

2. By entering this Agreement with Zapp Digital you give us permission to access your Google Business Profile account for the purposes of optimisation and management of your listing. Client agrees to provide the following:

  • Administrative/backend access to the Google Business Profile (formerly Google MyBusiness - GMB) for analysis of content and structure.

  • Permission to make any necessary changes for the purpose of optimisation, and to communicate directly with Zapp Digital regarding these changes

  • Unlimited access to clients existing Google Business Profile Page.

  • Authorisation to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Zapp Digital for business listing optimisation purposes.

  • If Client’s Google Business Profile Page is lacking in textual content, Client will provide additional text content in electronic format for the purpose of completing Google Plus Page requirements. Alternatively, Zapp Digital can create text content when client has not provided any for Zapp Digital. Client agrees that this content can be used as it is deemed necessary for LOCAL SEO.

3. Zapp Digital will endeavour to set up your Google Business Profile as soon as possible, however in some cases it may take up to 7 days to complete set up of your new account. However, delays could happen due to the following circumstances:

  • Verification as stated by Zapp Digital refers to the date in which Zapp Digital receives manager/owner access to the clients existing Google Business Profile, or the date that the client provides the PIN/CODE number received via post from Google in the instance that Zapp Digital has set up a brand-new Google Business Profile for the client. 

  • Zapp Digital is not responsible for any delays in verification caused by lack of client’s communication, time taken to extend manager/owner access to existing Google Business Profile, delays in post or failure to provide the PIN/CODE that arrives by post to the client’s business and/or home office address. 

  • Zapp Digital will try to provide reminders via email/sms/call for the customer to act and complete verification process. In the instance that a client cannot access their existing Google Business Profile, Zapp Digital will contact Google directly on behalf of the client to assist in the client obtaining access. Zapp Digital is not responsible for the delays that occur due to waiting on correspondence or cooperation from Google. 

  • If any of the above happen and your Google Business Profile is not activated and/or not live due to your failure to give Zapp Digital, the Google Pin/Code. Therefore, NO REFUND of payments/fees will be made to you.

4. Zapp Digital will endeavour to help you obtain your online advertising goals by providing you with advice, information, and technical services in relation to Search Engine advertising/optimisation (SEO). Unless specifically stated to the contrary in this Agreement, Zapp Digital do not guarantee any particular rate of return or performance of any online advertising on Google Business Profile (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google Business Profile for your business and/or websites.

5. Zapp Digital will assist in every way possible to manage the client’s reviews online but are not responsible for content of any reviews posted on Google Business Profile. The client understands Zapp Digital are unable to delete or edit reviews. Please refer to Google Review policies . 

6. Zapp Digital is not responsible if the client’s Google Business Profile is marked as “Suspended”, “Duplicate” or GBP access was lost, please refer to Google Business Profile Policies & Guidelines . If this event happen, Zapp Digital will only assist you in every way possible to “reinstate” and/or re-gain access of your Google Business Profile - NO REFUND of payments/fees will be made to you.

7. Client must acknowledge the following with respect to LOCAL SEO services:

  • All fees, services, documents, recommendations, and reports are confidential.

  • Zapp Digital has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

  • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Zapp Digital does not guarantee positions or rankings for any keyword, phrase, or search term. Zapp Digital will make every effort to maintain consistency, minimise fluctuations and best possible rankings.

  • Google has been known to hinder the rankings of new business listings (or websites) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” Zapp Digital assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.

  • Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional LOCAL SEO. Should a listing be dropped during the LOCAL SEO campaign and does not reappear within 30 days of campaign completion, Zapp Digital will make every effort to increase optimisation services of the business listing based on the current policies of the search engine.

  • Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all LOCAL SEO efforts. Zapp Digital does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

  • In the event that Google make any changes or removes the “Google Business Profile” in their services, Zapp Digital is not liable for this event and no refunds will be given to the client.

  • Client understands that any failed or defaulted payments within the duration of time with Zapp Digital will therefore forfeit the clients right to a refund and timeline guarantees as this affects the LOCAL SEO completed.

  • If any of the above happen to you, NO REFUND of payments/fees will be made to you.

8. Zapp Digital is not responsible for changes made to the business listing by the client or other parties that adversely affect the search engine rankings of the Client’s business listing.

9. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Zapp Digital for inclusion on the business listing, are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Zapp Digital and its subcontractors from any liability or suit arising from the use of such elements.

10 . Zapp Digital is not responsible for the Client overwriting LOCAL SEO work to the Client’s business listing. (e.g., Client uploading over work already provided/optimised).

11. Zapp Digital is providing an internet marketing service for a competitive price. Zapp Digital is not insuring or underwriting your chosen business model. You acknowledge that internet marketing services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:

              11(a) Zapp Digital will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential                         losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly                             according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this                         Agreement; and
            11(b) The maximum liability of Zapp Digital to you is:

            (i) In the evident happen your Google Business Profile (GBP) is “Suspended”, “Duplicate” or GBP access was lost, Zapp Digital will only assist you in every way possible to                 “reinstate” and/or re-gain access of your Google Business Profile.

 Payment Terms

1. The Initial Set Up Fee (if applicable) is payable in full before the setup/creation of your Google Business Profile accounts will begin.

 2. Zapp Digital will automatically debit your supplied payment method for the Internet Marketing/Advertising Service Fee you agreed on or payment can be made by Electronic Fund Transfer (EFT) to Zapp Digital bank account.

3. Zapp Digital has the right to stop managing your Google Business Profile account and terminate this Agreement at any time by written (or email) notice to you in the grounds of improper behaviour towards Zapp Digital and any staff members and a failure to comply to the Terms & Conditions. If this occurs, your Zapp Digital management fee will stop immediately, no further payments will be charged, and no refunds will be given to you.

4. If you wish to suspend or cancel your Zapp Digital management of your Google Business Profile accounts at any time, then please let us know by phone or email. 

5. NOTE: All Zapp Digital’s Internet Marketing/Advertising Service Fees are on 12 months contract, therefore, no refund will be given to you.

6. Upon cancelling Zapp Digital management, all amounts owing to Zapp Digital will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.

7. All prices quoted on our website including emails and proposals are in Australian dollars and are GST inclusive.

8. Zapp Digital reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 30 days.

9. Zapp Digital will begin services as soon as payment has been received from the client. The client accepts that their selection of payment method and provision of payment details to our sales representative or customer service representative creates a binding verbal agreement. Once the verbal confirmation is confirmed by the client, the client is now responsible to pay for the invoice generated by Zapp Digital.

  • The nominated payment method will be charged on a yearly basis (12 months contract) to the value agreed at point of sale including GST.

  • The nominated payment method will be charged the setup fee (if applicable) to the value agreed at point of sale including GST.

  • Upon receiving the client’s application, a customer service representative will contact the client for a sales confirmation call on all contact numbers provided. If contact is unsuccessfully for three consecutive days, an email will be sent to the email provided by the client to serve as sales confirmation.

Termination of Services

1. At the conclusion of Zapp Digital providing services to the customer, the customer will retain read-only access to the account for a period of up to seven days. This access is sufficient to analyse the account and its performance. The account itself will not be handed over and remains the intellectual property of Zapp Digital.

  2. If you wish to terminate your online marketing/advertising service with us, a four-week written notice is required.

Intellectual Property and Account Ownership

Any Google Business Profile accounts, documentation, systems, design, materials, methodologies, and processes created in the course of providing services to the customer shall remain the property of Zapp Digital. All documentation, systems, design, materials, methodologies, and processes created in the course of providing services to the customer may only be reproduced or resold with the permission of Zapp Digital.

Privacy

1. ZAPP Digital will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request or can be viewed at /privacy Advertisers and Users acknowledge ZAPP Digital's Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.

2. Disclosure Statement:

    2a. ZAPP Digital collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our Australian related companies may be in touch by any means (including email or SMS) to let you know about goods, services, or promotions which may be of interest to you.

 3. Calls to and from ZAPP Digital may be recorded for training or monitoring purposes.

4. Service Providers - We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

5. Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

6. Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

7. Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

8. Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena.

General Notices

1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.

2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the GMB Management Services and all online and telephone activities in relation to the GBP Management Services are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

3. These Terms and Conditions are governed by the law in force in the State of New South Wales (NSW), Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of NSW, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

4. These Terms and Conditions can be modified at any time by Zapp Digital. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.

5. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

6 You warrant to us that you will use the services provided by Zapp Digital under this Agreement for business purposes (and not predominantly personal, domestic or household use).

7. To the extent that Copyright subsists in any text that we create for your Google Business Profile account/s pursuant to this Agreement; We assign copyright in such text to you. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.

8. Any notice to be served to ZAPP Digital under this Contract must be served personally by email to ZAPP Digital. 

at: 

Attention: ZAPP Digital Customer Service Department

Email: zappdigitalads@gmail.com