Tangy Digital will provided the agreed Digital Marketing Services as detailed in the quote provided.
Both the Client and Tangy Digital acknowledge that their obligations to perform the Services as good and valuable consideration for this Agreement and therefore this Agreement is a legally binding, fully-enforceable contract.
- Tangy Digital will:
Provide the agreed Digital Marketing Services as detailed in the quote
- The Client will be required to:
Participate in meetings, review and approve the ads, participate in facilitating the setup & maintenance of digital marketing campaigns
Quotes are valid for 7 days from the date of issue by Tangy Digital
Quotes include all digital marketing services specified such as research, copywriting, graphic design, campaign setup, ongoing optimisations, and anything else stipulated in the quote
The Quote includes reasonable client communication by email, phone or other agreed method (such as Zoom)
The quote is based on information provided by the client within the project brief. The client agrees that this information is complete and correct. Any missing or inaccurate information that changes the scope of the project in any way renders the quote invalid
Acceptance of the quote must be provided in writing via email, clearly stating that the project is approved. Verbal confirmation by phone or in persona will NOT be accepted unless formally provided in writing.
In the absence of written acceptance, payment of the deposit assumes approval of the quote provided by Tangy Digital
3. Fees & Payment
The Tangy Digital fees for providing the Services will be as detailed in the quote
The first invoice will be raised on the Effective Date of the Agreement and monthly thereafter.
Invoiced amounts must be paid by the Client within 7 days of receipt of the invoice.
A non-refundable deposit of 100% is required before work can begin.
4. Term and Termination
This Agreement will commence on the Effective Date and:
- Will continue indefinitely until ended by either the Client or Tangy Digital providing 7 days written notification
All proprietary information of the Client provided to Tangy Digital will be treated as confidential. This will include trade secrets, know-how or any other confidential information that is not publicly available.
Tangy Digital agrees to use the proprietary information only for purposes related to this Agreement. Tangy Digital also agrees to return or destroy any propriety information in our possession upon termination of this Agreement.
The Client agrees to treat information provided by Tangy Digital as confidential. This will include trade secrets, know-how or any other confidential information that is not publicly available.
The Client agrees to use the proprietary information only for purposes related to this Agreement. The Client also agrees to return or destroy any propriety information in their possession upon termination of this Agreement.
This Clause will survive the termination or expiration of this Agreement.
6. Relationship of the Parties
The Client and Tangy Digital understand that this Agreement is not an exclusive arrangement and agree that they are free to enter into other similar Agreements with other parties.
The Client and Tangy Digital are independent contractors and neither are agents, representatives, partners or employees of each other.
Tangy Digital acknowledges that the Clients pre-existing trademarks and copyright material including logos and service marks “Marks” will remain the property of the Client and the Client will be the sole owner of all rights in connection to it. The Client grants Tangy Digital a nonexclusive, nontransferable license to use, reproduce, and modify the Marks as needed to effectively carry out the Services provided. Tangy Digital agrees to stop using the Marks immediately upon the Clients request. When this Agreement is terminated, Tangy Digital’s license to use the Marks will also terminate.
8. Limitation of Liability
The Clients liability to Tangy Digital is limited for the costs payable under this Agreement. The Client will not be liable to Tangy Digital, or any third-party, for damages including loss of profits, lost savings, incidental damages, consequential damages, punitive, exemplary, or special damages. Neither the Client nor Tangy Digital will be liable for lost profits or lost business opportunities upon breach of this Agreement.
Neither the Client nor Tangy Digital can waive any provision of this Agreement or any rights or obligations under this Agreement unless agreed to in writing by both the Client and Tangy Digital. If any provision, right, or obligation is waived, it’s only waived to the extent agreed to in writing.
This Agreement may be modified as required. To enforce a modification, the Client and Tangy Digital must agree to the modification in writing in the form of an amendment. The terms of this Agreement will apply to any amendment made unless otherwise stated in the amendment.
The Client or Tangy Digital may not assign the responsibilities that they have under this Agreement unless the Client and Tangy Digital agree to the assignment in writing.
- Dispute Resolution
Negotiation: In the event of a dispute, the Client and Tangy Digital agree to work towards a resolution through good faith negotiations.
Mediation/Arbitration: If a dispute is unable to be resolved, either the Client or Tangy Digital Party may initiate mediation or binding arbitration in a forum mutually agreed to by both the Client and Tangy Digital.
Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of New South Wales regardless of any conflict of law issues that may arise. The Client and Tangy Digital agree that the dispute will be resolved at a court of competent jurisdiction in the State of New South Wales.
- Complete Contract
This Agreement documents the Client and Tangy Digitals entire understanding of the Services to be performed and anything else that the Client and Tangy Digital have agreed to.
This Agreement supersedes any other written or verbal communications between the Client and Tangy Digital. Any subsequent changes to this Agreement must be made in writing and signed by both the Client and Tangy Digital.
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
All notices under this Agreement must be sent by either email, or certified or registered mail with return receipt requested.
Notices should be sent to:
Att: HD Tang
26 Hunterford Cresent,
Oatlands, NSW, 2117.