Please read these
Terms & Conditions of Use carefully before using or transacting with this website.
By using or transacting with this website, you confirm your acceptance of these Terms and Conditions of use. For the purposes of these Terms and Conditions, "Us", "Our" and "We" refers to Hoopla Marketing and "You" and "Your" refers to you, the client, visitor, website user or person using our website.
HOOPLA MARKETING SERVICE TERMS
These Service Terms and Conditions ("Agreement") constitute a legally binding contract between you and Hoopla Marketing regarding the provision of marketing services. By engaging with Hoopla Marketing, you acknowledge and agree to the following terms:
Service Engagement:
a. The minimum contract duration is three (3) months, starting from the date of engagement and thereafter may be terminated by either party, without reason, by the provision of fourteen (14) days written notice.
b. Monthly payments for the services provided by Hoopla Marketing shall be made through direct debit using the payment gateway Stripe.
c. Payment for each month's services will be automatically debited seven (7) days prior to the commencement of the new month.Termination:
a. Should the Client choose to terminate the contract after the initial three (3) month period, a notice of fourteen (14) days must be provided to Hoopla Marketing.
b. Failure to provide the required notice may result in additional charges or penalties as determined by Hoopla Marketing.Ad Spend:
a. The Client acknowledges that they will be directly charged by Google or Facebook for any media spend associated with their advertising campaigns.
b. The Client is responsible for ensuring that there are sufficient funds in their respective advertising accounts to cover the media spend.
c. Hoopla Marketing will not be held liable for any issues arising from insufficient funds in the Client's advertising account.Liability:
a. Hoopla Marketing shall not be held liable for any direct or indirect damages, loss of profits, or any other consequential damages arising from the provision of services.
b. The Client agrees to indemnify and hold Hoopla Marketing and its employees harmless from any claims, damages, or liabilities arising from the use of the services.Confidentiality:
a. Both parties agree to keep any confidential information shared during the course of the engagement strictly confidential.
b. Hoopla Marketing may collect and use Client data in accordance with its Privacy Policy.Governing Law and Jurisdiction:
a. This Agreement shall be governed by and interpreted in accordance with the laws of Victoria, Australia, where Hoopla Marketing is registered.
b. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.Ownership of Creative Files:
a. Hoopla Marketing retains ownership of all working files, including but not limited to designs, graphics, copywriting, and other creative materials created within the scope of this Agreement.
b. Upon termination or expiration of the Agreement, the Client shall have no further right to use, modify, reproduce, distribute, or display any of the creative files provided by Hoopla Marketing.
c. The Client agrees not to use or repurpose any of the creative files for their own purposes or for engaging with other service providers.Packages and Inclusions:
a. Hoopla Marketing offers the following packages, each with its own set of inclusions:
Social Pack:4 pieces of custom ad creative
Copy updated quarterly
Ideal audience identification and targeting
Audience activity re-marketing
Creative and audience A/B testing
Managed campaign scaling
Monthly reporting
Cost: $1190 per month
Set up fee of $429
Google Pack:
2 pieces of image-based custom creative updated quarterly
Custom copy for selected Google tactics
Ideal audience identification and targeting
Audience activity re-marketing
Managed campaign scaling
Monthly reporting
Cost: $1190 per month
Set up fee of $429
Full Suite Pack:
Both Google and social digital advertising tactics
4 pieces of custom ad creative
Copy updated quarterly
Ideal audience identification and targeting
Audience activity re-marketing
Managed campaign scaling
Personal account manager
Monthly reporting
Cost: $2190 per month
Set up fee of $499
b. The inclusions listed for each package are included within the package price, as stated above.c. Any changes to the inclusions of the packages must be agreed upon in writing by both Hoopla Marketing and the Client. No modifications or alterations to the package inclusions shall be valid without written consent from both parties.
One-off Setup Fees:
a. A one-off setup fee will be charged at the beginning of the service agreement to cover the initial setup and configuration of the selected package.
b. In the event that the Client pauses and restarts their service with Hoopla Marketing within a period of three (3) months, the setup fee will not be charged again.
c. However, if the Client pauses and restarts their service with Hoopla Marketing after a period of three (3) months or more, the setup fee will be charged again.Use of Client Ads and Result Examples:
a. Hoopla Marketing reserves the right to use examples of the Client's ads and result examples for promotional purposes, including but not limited to advertisements and case studies showcasing their services, results, and business.
b. The Client acknowledges and agrees that their ads and result examples may be used by Hoopla Marketing in a non-exclusive, worldwide, royalty-free manner for promotional purposes.
c. Hoopla Marketing will make reasonable efforts to ensure that any use of client ads and result examples maintains the confidentiality and anonymity of the Client, unless otherwise agreed upon in writing.Access to resources:
a. The Client is responsible for the reliability, accuracy and completeness of Your Materials, particulars and information provided and disclosure of all material and relevant information.
b. The Client is required to arrange for reasonable access for Hoopla Marketing to relevant individuals, documents, and platforms. The Client shall be responsible for both the completeness and accuracy of the information supplied.
c. The Client is required to maintain all associated platform subscriptions and media budgets required to perform the Service via their own credit card, or appropriate payment system.
d. The Client is required to supply feedback and approvals, when requested, in a timely manner to enable Hoopla Marketing to complete Works within agreed timeframes.Limited corrections:
All Works, including tasks required to complete items listed in Schedule 1 and any subsequent additional projects will be limited to 3 rounds of corrections or refinement from the Client and 1 round of Finished Art. Additional fees may be charged for Works outside these parameters.
By engaging with Hoopla Marketing, you confirm that you have read, understood, and agree to be bound by these Service Terms and Conditions.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Hoopla Marketing rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website or services that you agree and accept that Hoopla Marketing is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Hoopla Marketing’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Hoopla Marketing. Hoopla Marketing expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Hoopla Marketing will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. hooplamarketing.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Hoopla Marketing expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Hoopla Marketing concerning your use and access to the hooplamarketing.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria, Australia. If there is a dispute between you and Hoopla Marketing that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.