The following policies provide additional terms and conditions related to your QuikTraffic account. In addition to these Terms and Conditions, customers who order Web Hosting services must also comply with and accept the Quikclicks General Terms and Conditions.
Acceptance of Terms and Conditions
The QuikTraffic product is owned and operated by QuikClicks ABN 21 108 617 625. The goal of the product is to provide you with Google AdWords account management services.
Your order will be processed once a completed QuikTraffic Order Form and payment details have been received. An e-mail confirmation of acceptance of the order will be forwarded to you once the account has been processed.
By accepting this agreement, you warrant that:
You have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either QuikClicks or its Supplier concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;
- You are at least 18 years of age;
- Your use of the Services will not at the Commencement Date or thereafter, infringe the intellectual property or any other rights of QuikClicks, its Supplier or any third party;
- You have the right to provide us with Your Web Site Information, and, if applicable, FTP Access, with respect to Your Web Site;
- Neither Your Web Site nor any of the content of Your Web Site (including, without limitation, Your Products and Services (if applicable), Your Web Site Information, and if applicable, any Optimisation Changes implemented by QuikClicks or, by you or anyone on behalf of you) will infringe the intellectual property or any other rights of any third party;
- Your Web Site and Your Web Site Property will at all times comply with all laws required to be complied with by you; and
- Your Website and use of the Supplier services contemplated under this Agreement complies with all relevant policies of those third parties (for example, without limitation, you comply with the Google policies in relation to use of its AdWords service).
QuikClicks Disclaimer of Warranties
To the extent permitted by law, neither QuikClicks nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a “Relevant Party”) of either QuikClicks or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.
QuikClicks agrees to use all reasonable efforts to provide the Services to you. However, you acknowledge to, and agree with, QuikClicks, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party of either QuikClicks or its Supplier:
- That the Services will be uninterrupted or error free;
- That the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of QuikClicks or its Supplier;
- Concerning the results or success that may be obtained from the use of the Services;
- Concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your web site, the Internet or otherwise);
- As to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by QuikClicks or its Supplier in any advice, report or communication to you or any other party;
- That the provision of the Services will result in the ranking of Your Web Site improving; and/or
- That the provision of the Services will result in an increased amount of traffic or users to Your Web Site; and/or
- Concerning any market conditions (whether favorable or not) that may be in existence at the Commencement Date will continue; and/or
- That the provision of the Services generally, or any software utilised by QuikClicks to provide the Services, will not be subject to, or result in, either errors and/or delays.
You acknowledge that although QuikClicks may suggest Optimisation Changes to you in connection with providing the Services, QuikClicks cannot and does not, nor do any Relevant Party; take any responsibility for Your Web Site or Your Web Site Property. Accordingly, you agree that you shall at all times be solely responsible for Your Web Site and Your Web Site Property notwithstanding the provision of the Services to you by QuikClicks or its Supplier.
Without limiting the above, you acknowledge that QuikClicks Services may require QuikClicks to use, interface with or input information into Supplier’s systems (including companies such as Google and Yahoo!) and you agree that QuikClicks has no liability to the extent that the Supplier is unable to provide its services to you.
QuikTraffic and QuikClicks can not accept liability for any indirect loss, loss of enjoyment, loss of profit, loss of business, loss of goodwill or any other loss what-so-ever in connection with the operation of this website. We are unable to confirm that the information set out in this web-site is totally accurate or complete.
Specific additional terms: Pay-Per-Click Campaign Management
The object of the QuikTraffic product is to allow you to use the performance of Pay-Per-Click marketing services offered by Google using the experience of QuikClicks to assist with the process. QuikClicks will advise you when your account has become active within the Google network and will record this date as the date of account activation. Your account will operate in 4-week periods from the date of account activation and fees for the management of your account will be debited in advance by QuikClicks on the last day of each 4-week period (“billing date”). The amount debited each period will correspond to the specific account type chosen on activation of the account.
Prior to or upon the Commencement Date, you and QuikClicks shall agree on:
- the keywords in respect of which QuikClicks will provide the Services (“Agreed Keywords”); and
- the budget for the campaign (plus a 10% variance to take into account the reconciliation time required by Google. See Google AdWords Terms and Conditions).
You appoint QuikClicks as your agent for the purposes of:
- creating an account with Google as requested;
- agreeing on your behalf to the terms and conditions applicable to those accounts;
- adding, deleting or modifying keywords and advertising copy; and
- altering bids; and
You agree to provide QuikClicks with any information, material, excerpts of or links from or to any content (“Your Web Site Information”) on reasonably requested by QuikClicks, to assist QuikClicks with providing the Services to you.
QuikClicks will enter the information agreed with you into the Google interface and review the performance of that information at the end of each cycle and issue you with a report. Cycle periods are either 2-weekly or 4-weekly from the date of activation, depending on the account type.
QuikClicks will enter the information agreed with you into the Google interface.
You may terminate the service at any time by 1 month’s written notice.
In addition to any other rights under this agreement, QuikClicks may suspend or terminate this agreement and cease providing the Services to you:
- if you breach any term of this agreement and (if capable of remedy) fail to remedy that breach within 14 days of receipt of a notice from QuikClicks requiring you to remedy that breach;
- if any of the following events occur:
- you becomes insolvent or are otherwise unable to pay its debts as and when they fall due;
- you (or any third party) institutes any insolvency, receivership or bankruptcy proceedings with respect to you, for the settlement of your debts;
- you make a general assignment for the benefit of creditors; or
- you cease to conduct business; or
- if requested to do so by a third party.
Notwithstanding any suspension of any Service under this clause, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension. In addition to any other obligation under this agreement, if QuikClicks terminates this agreement:
- you must pay all outstanding charges to QuikClicks immediately; and
- any licence issued to or by you in relation to the Services will cease from the date of termination.
Either party may cancel the agreement in writing, with 4 weeks notice. All fees paid to Quikclicks are non-refundable. On cancellation of an account the Google AdWords campaign setup by QuikTraffic will be terminated in full. QuikClicks is not obligated to provide you with any login details to your Google AdWords account, nor to transfer the Google AdWords account to your management upon cancellation of the QuikTraffic service. Terminated accounts are subject to all standard setup fees and processes that are required with all new QuikTraffic accounts, should the client wish to run the Google AdWords campaign once again.
An account can be temporarily de-activated (or set “On Hold”) if the client wishes to pause a Google AdWords campaign, however QuikClicks must receive the temporary de-activation request in writing, with 4 weeks notice. Accounts set On Hold can be kept temporarily de-activated for a maximum period of 6 months and remain subject to a $10 +GST per month administration fee. Once an account has been set On Hold for a period of 6 consecutive months, it will be automatically cancelled (see: ‘Cancellation’), unless word has been received in writing, prior to this time requesting re-activation.