Terms of Service
Terms and Conditions: Digital Eagles Terms of Service
Credit Card Payment / Direct Debit Authority (preferred):
I Authorise Digital Eagles Pty Ltd (ABN 47 607 487 481) to proceed with the services as agreed and deduct the fees so detailed from my credit card or nominated financial institution at the commencement of each period of service (payment in advance) and for each period until the service duration has been completed.
Invoice Supplied (above $5,000 per month)
Digital Eagles Pty Ltd agreed to supply an invoice for services as detailed. I (The client) agrees to make payment of total invoice amount by the due date noted. I (The Client) understand that if payment is not made by the due date my campaign will be halted.
Terms and conditions:
The Company – Digital Eagles Pty Ltd
Digital Eagles – Digital Eagles Pty Ltd
- Digital Eagles Pty Ltd will not initiate the services outlined in this authority document until this authority document has been approved and payment for services has been made (either by credit card / direct debit facility provided or other means).
- Upon receipt of this approved authorisation, Digital Eagles Pty Ltd will initiate the services as outlined and arrange to debit the initial fee for services as prescribed.
- Where this document is returned after the proposed commencement date, the commencement date will still become the commencement date (assuming services started on the commencement date). If services started after the commencement date listed, then the date that services started will be the commencement date.
- All fees as outlined will be collected through Commonwealth Bank of Australia merchant and direct debit facilities.
- With all Google campaigns, call tracking will be provided. By approving this authority, the client agrees that it has elected to implement call recording services and understands that calls to the business acquired from the services may be recorded.
- Digital Eagles will collect fees at the commencement of the prescribed periods until the cessation of the services as outlined.
- Fee collection will occur up to, but not earlier than seven (7) business days prior to the service period.
- In the event that the service period commences on a weekend, fee collection may be delayed until after the commencement date at the sole discretion of DE.
Rights and Obligations:
- Digital Eagles will not provide any details contained within this document to any third party without your express permission to do so, or where a legal obligation exists to do so.
- Should you wish to alter the terms of this agreement then a written request (via email@example.com) must be provided to Digital Eagles Pty Ltd not after 14 days prior to the date that service alterations are being requested. A request for service alteration does not constitute agreement to do so by DE.
- Should you have any queries or concerns at all please forward these to Digital Eagles Pty Ltd directly, using either one of the contact details above, or by contacting your Account Manager directly.
- It is expected that you will maintain sufficient funds available on the nominated credit card or nominated financial institution to allow the agreed payment arrangements as prescribed above to take place. Failure to do so may see your account moving to an immediate pause status resulting in all work ceasing and potential additional fees applied.
- You may change your credit card details by completing a Credit Card Authorisation form, . Alteration requests must be provided to accounts not later than 14 days prior to the next scheduled date for service payment. Acceptance of altered details is not confirmed until you have received written notice of this from DE.
- Clients may only cancel services by completing – Campaign Cancellation Form. This form is available from your clients service manager or directly from Digital Eagles accounts by emailing a request to firstname.lastname@example.org.
- This cancellation process is limited to month to month post contract arrangements only and does extend itself to contractual arrangements or agreements. If you decide to cancel your service during a fixed term contract period you will be required to pay out the balance of your contract period.
- Cancellations will not take place until the Campaign Cancellation Form request has been received and approved by an authorised Digital Eagles representative. We require no less than 30 days prior to the requested date of cancellation of which a final 30 notice invoice will be issued.
- Entering into this contract, you agree that once the initial contract period is complete all contracts are subject to auto renewal terms of three months unless otherwise advised.
- Digital Eagles will make every effort to adhere to the provided quote accurately based on client briefing. However, should the scope of the project change or new requirements/requests be made by the client, this quote will vary throughout the project. Digital Eagles will advise of additional costs based on project variance.
- Unless otherwise specified, this estimate includes two rounds of revisions, If required (and if refinements are outside the scope of the initial client briefing), additional amends will be charged at our standard hourly rate and invoiced accordingly. This quote is valid for 30 days from date of issue. In order to secure the commencement of this project, a commencement invoice will be issued for immediate payment (unless otherwise negotiated or pertaining to a monthly retainer fee).
- An invoice schedule will be provided at the commencement of the project with payment requirements detailed at each project milestone. We will use our reasonable endeavours to deliver our services in accordance with any agreed delivery schedule, subject to any delay resulting from the failure of the client to provide information and materials as required, any additional work requested by the client or any event or circumstance beyond our reasonable control.
- We reserve the right to retain samples of work we produce and use them to further promote our services.
- Websites: Final payment is due upon completion of Digital Eagle’s requirements within the scope, and prior to agreed go-live date. The client shall inspect the services on delivery and shall, within thirty (30) days of delivery, notify Digital Eagles of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quotation.
- After this period any iterations, bug fixes and updates are chargeable. If requested, artwork source files can be provided upon completion of the project. This will be estimated separately. The contents of this estimate are confidential. The client must not and will ensure that its employees or agents do not disclose this estimate to any other person without our prior written consent.
- If you believe that a fee has been charged incorrectly we request you to bring this to the attention of DE either on the contact details above or directly through your service consultant. Where a dispute is lodged DE will investigate the issue and advise in writing within two business days.
- Should a payment have been withdrawn incorrectly then this can be refunded or applied to a future service transaction at your discretion.
- If you are unhappy with any dispute outcome we recommend that you then contact your financial institution to investigate the matter further.
Disclaimers (Review Generation Software Customers Only)
- The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilised in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
- The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
- THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, AND THE SHARE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
We understand and appreciate that you may be concerned about your privacy and the confidentiality and security of information we may gain about you online.
We are committed to protecting your privacy and to complying with the Australian Privacy Principles in the Australian Privacy Act.
Personal Information Collected
We do not collect your personally identifying information unless you knowingly provide the information.
- Individually identifiable information
The types of individually identifiable information we collect will depend on the purposes(s) for which we are collecting it. For example, we may ask for
- your name;
- contact details;
- identification information;
- history records of your communication and interaction with us;
as well as other similar Personal Information that is needed to register or subscribe you to our services or offers. If we ever ask for significantly different information, we will inform you. If you do not provide certain requested Personal Information to us, we may not be able to provide you with access to and use of the Website, provide you with access to our other products and services, or to fulfil on or more of our functions and activities applicable to you.
Non-identifiable information is data that have never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you visit our Website, our company servers may automatically record non-identifiable information that your browser sends. This data may include:
- your computer’s IP address;
- browser Type;
- webpage you were visiting before you came to our Website
- the pages within our Website you visit
- the time spent on those pages, items, and information searched on our Website, access times, dates and other statistics.
Non-identifiable information is collected for analysis and evaluation in order to help us improve our Website and the services and products we provide. This data will not be used in association with any other Personal Information.
Collection of Personal Information
When we collect Personal Information, it is our usual practice to collect this directly from you. We collect Personally Information that is volunteered during registration of an account at the Website, use and access some parts of the Website, or in response to specific information requests explicitly presented to you, such as:
- Browsing our Website;
- Registering on our Website;
- Logging into the Website once registered;
- Using services we provide on the Website;
- Clicking on Website banners, hyperlinks or plugins; or
- During conversation with our team members.
- Collecting customer lists from you for Reputation Management.
Storing the Personal Information
We use a number of procedures and processes to ensure, where possible, the security and integrity of your Personal Information.
We protect your Personal Information by:
- Restricting access to Personal Information
- Maintaining technology products to prevent unauthorised computer access
We have secured our Site using industry standard technology. Unfortunately, no data transmission over the internet can be guaranteed as completely secure. Once any information is in our possession, we will take reasonable steps to protect that information from misuse, loss, unauthorised access, and modification or disclosure. While we strive to protect such information, we cannot guarantee 100% the security of any information (personal or other) you transmit to us. Therefore, we will not be liable for any breach of security or unintended loss or disclosure of information due to the Website being linked to the Internet.
The Purposes of Collecting, Holding, Using and Disclosing Personal Information
- We only collect Personal Information to the extent necessary to fulfil one or more of our functions and activities, and will do so only by fair and reasonable means. We collect your Personal Information so that we can carry out the following actions (“Purpose”):
- to provide you with products and services that you have requested from us;
- to communicate with you, including about products and services provided by us or special offers, and events which might interest you;
- to answer your questions and provide you with information or advice;
- provide your Personal Information to third parties that assist us in providing products and services you have requested; carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way we and our related bodies corporate and service providers provide products and services to you;
- to consider and respond to complaints made by you;
- to comply with laws or regulations or to comply with any directions given by regulators or authorities.
- We will only use your Personal Information for the purposes for which it was collected and we will not otherwise disclose your Personal Information without gaining your consent except where such disclosure is required by law.
- We collect aggregated information about you which informs us about our users. This will allow us to enhance materials viewed by you and services which we offer. The browser information we collect is used in an aggregated, anonymous manner in our internal analysis of traffic patterns within our Website. This information is used by us to administer and improve our education and training products and services.
We engage a range of third parties to provide services and perform business support functions for us. We will provide your Personal Information to those parties in order to provide the services or perform the functions we require.
Cross border disclosure
We may disclose Personal Information to overseas recipients, who are located in places such as the United States of America, Canada, New Zealand and other countries or jurisdictions depending on the nature of the services those recipients provide to us (for example storing data via a cloud service, or where our customer relationship management system is hosted on servers located overseas, or where delivery address information for online orders is managed via a third party located overseas).
Transfer in Certain Circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of Digital Eagles Pty Ltd then, in our sole discretion, we may transfer, sell or assign information collected on and through this Website (including, without limitation, PII and other information), to one or more relevant third parties.
We use “cookies” when you visit our Site. It is a technology that enables us to operate an efficient service and track the patterns of behaviour of visitors to the Site. There are four main types of cookies – here’s how and why we use them:
- Website functionality cookies – these cookies allow you to navigate the Website and use our features;
- Website analytics cookies – these cookies allow us to measure and analyse how our Customers use the Website, to improve both its functionality and user experience;
- Customer preference cookies – when you are browsing or using our services on the Website, these cookies will remember your preferences (like your language or location), so we can make your user experience as seamless as possible, and more personal to you;
- Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
By using our Website, you agree to us placing these sorts of cookies on your device and accessing them when you visit the Website in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our Website.
Access to and Correction of Personal Information
- Under the Privacy Act, individuals have a right to access their records. You may ask us in writing to provide you with details of the Personal Information we hold about you. We will endeavour to process your request as soon as practicable.
- You can update or remove your Personal Information, please send us an email to:
Complaining about a Breach of Privacy
Third Party Sites
This page was last updated on 16 January 2018
Agreement to proceed:
I Authorise Digital Eagles (ABN = 47 607 487 481) to proceed with the services as detailed in this proposal. By choosing “I accept” you are agreeing to the minimum term and the minimum monthly marketing retainer.