Terms of Service
1. Introduction
Welcome to MarketShark! By accessing and using our services, you agree to be legally bound by these terms and conditions. Please read them carefully before using our services. This document outlines the rights and responsibilities between MarketShark and its clients. If you do not agree to any part of these terms, you are prohibited from accessing our services.
2. Services Provided
MarketShark offers a wide range of digital marketing solutions designed to meet the unique needs of businesses. The following are the key services provided:
2.1. Website Development
MarketShark provides comprehensive website development services. This includes the design and development of custom websites tailored to the specific needs of your business. We aim to create websites with user-friendly interfaces, optimized performance, and functionality that supports business goals. Our website development process includes an initial consultation, wireframe creation, development, testing, and final deployment.
2.2. Social Media Management
Our social media management services include creating, curating, and posting content on various social media platforms on your behalf. We monitor engagement, respond to comments, and manage overall brand reputation across platforms such as Facebook, Instagram, LinkedIn, and more. The goal is to build brand presence and foster community engagement.
2.3. Social Media Marketing
In addition to managing content, MarketShark develops and implements strategic social media marketing campaigns aimed at increasing brand visibility, generating leads, and boosting conversions. We analyze the market, identify your target audience, and tailor campaigns to ensure maximum engagement.
2.4. Advertising
We offer digital advertising services on various platforms including Google Ads, Facebook Ads, Instagram Ads, and others. Our advertising strategy includes creating and managing campaigns to optimize reach, drive traffic, and improve conversion rates. We regularly review and adjust ad spend to ensure the highest ROI for our clients.
2.5. Search Engine Optimization (SEO)
MarketShark optimizes your website and content to improve your ranking on search engines like Google. Our SEO services include on-page optimization, keyword research, link building, technical SEO audits, and content strategy. This is done to increase organic traffic and improve search engine visibility.
2.6. Integrations
To streamline your operations, we offer integration services that connect your website and marketing tools with third-party applications and platforms. These integrations are designed to enhance efficiency by automating processes like CRM updates, email marketing, and sales funnel management.
2.7. Integrated CRM Solutions
Our customer relationship management (CRM) solutions help you manage client interactions, track leads, and improve customer service. We work with leading CRM platforms to customize a solution that fits your business needs, whether you’re managing a small database or an extensive client list.
2.8. Content Creation
We provide a full suite of content creation services, including blog posts, articles, videos, graphics, and infographics. Our team ensures that the content aligns with your brand voice and is optimized for engagement across all platforms. We also handle ongoing content needs, providing fresh and relevant material to support your marketing efforts.
2.9. Dedicated Account Management
Each client is assigned a dedicated account manager who serves as your primary point of contact. The account manager oversees all aspects of your project, ensuring efficient communication, clear goal-setting, and consistent delivery of results. Our account managers regularly update you on progress and are available for meetings as needed.
2.10. Automations & Custom Automation Creation and Implementation
We design and implement custom automations to optimize your business processes, such as email sequences, task reminders, and customer onboarding workflows. Automation reduces manual work, streamlining operations and freeing up valuable time.
2.11. Graphic Design
Our graphic design services include creating visually appealing, professional designs for use in both digital and print marketing materials. This includes logos, social media graphics, brochures, flyers, and more. We ensure that all designs align with your brand identity and appeal to your target audience.
3. Payment and Fees
3.1. General Payment Terms
The fees for services rendered will be determined on a case-by-case basis and agreed upon by both parties before the commencement of any project. MarketShark strives to offer competitive pricing for the high-quality services we provide. All fees will be communicated transparently to avoid any misunderstandings.
3.2. Invoicing and Payment
All services provided by MarketShark must be prepaid unless otherwise agreed upon in writing. Invoices will be generated and issued at the beginning of the project, and payment must be completed before work starts. In the case of long-term or ongoing services, invoices will be issued monthly, or as stipulated in the agreement.
3.3. Currency
All monetary amounts referred to in this agreement are in AUD (Australian Dollars) unless explicitly stated otherwise. Clients from outside Australia will be required to ensure that payments are made in AUD unless agreed to in writing.
3.4. Payment Methods
We accept payments through various methods, including credit card, bank transfer, and PayPal. All payments must be made through secure channels. By using our payment services, you agree to provide accurate and complete payment information and authorize us to charge the relevant payment method.
3.5. Subscription Services
Subscription-based services are provided on a monthly or annual basis. Payments for subscription services will automatically be debited from the nominated account at the start of each billing period. Failure to make timely payments may result in the suspension or termination of services.
3.6. One-off Services
For one-time services, clients are required to make full payment before work commences. This ensures that resources are allocated efficiently and that the project timeline is adhered to.
3.7. Website Development Projects
For website development projects, a 50% deposit is required before the project begins. The remaining 50% is payable upon the completion and delivery of the website. Any additional requests or scope changes that occur during the project may incur extra costs, which will be agreed upon in writing.
3.8. Advertising Fees
A 10% management fee is applied to the total monthly ad spend for all advertising campaigns managed by MarketShark. This fee covers the ongoing management, optimization, and reporting of advertising campaigns across platforms like Google Ads, Facebook Ads, etc.
3.9. Cancellation of Subscriptions
Clients may cancel subscription services at any time with at least 7 days’ prior notice. Cancellation will take effect at the end of the current billing cycle. No refunds are provided for partially used subscription periods.
3.10. Carrier Charges
Any carrier fees related to SMS, email marketing, or phone calls are subject to change. MarketShark will notify clients of any price adjustments, and such changes will take effect after notice is provided.
4. Term
4.1. Term of the Agreement
This agreement will remain in effect indefinitely until terminated by either party as provided in these terms. This ensures that services can continue uninterrupted until the client no longer requires them.
5. Termination
5.1. Termination by Notice
Either party may terminate this agreement at any time with at least 7 days’ prior written notice. This allows both parties time to wind down services in an orderly manner and ensures that the client’s needs are met until the termination date.
5.2. Fees upon Termination
If the agreement is terminated before the completion of a project, MarketShark will retain fees for work completed to date. This is to compensate for the time and resources invested up until the point of termination.
6. Confidentiality
6.1. Confidential Information
All information shared between MarketShark and the client, including project details, financial information, and any proprietary data, is considered confidential. Neither party will disclose such information to any third parties unless required by law.
6.2. Obligation to Maintain Confidentiality
This confidentiality obligation will remain in effect even after the termination of the agreement. Both parties agree to protect each other’s confidential information for an indefinite period, unless otherwise agreed upon in writing.
7. Relationship Between Parties
7.1. Independent Contractor
MarketShark operates as an independent contractor. This agreement does not create any employment, partnership, or joint venture relationship between the parties. Each party is responsible for its own taxes, benefits, and liabilities.
7.2. Case-by-Case Services
Each service or project provided by MarketShark will be determined on a case-by-case basis and agreed upon by both parties. This allows us to customize our services to meet the unique needs of each client.
8. Limitation of Liability
8.1. Indirect Damages
Neither party will be liable for any indirect, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or any other commercial damages or losses arising from this agreement.
8.2. Severability
If any part of this agreement is found to be unenforceable or invalid, the remaining terms and provisions will continue to be in effect. This ensures that the overall agreement remains valid even if one part is found to be unenforceable.
8.3. Data Breach Notification
In the event of a data breach, MarketShark will notify the client promptly and take all necessary actions to mitigate the effects of the breach. This demonstrates our commitment to safeguarding client information and data security.
9. Amendments
Any amendments to this agreement must be made in writing and signed by both parties. This ensures that any changes to the terms are documented and mutually agreed upon, providing clarity for both parties moving forward.
10. Right of Substitution
10.1. Use of Subcontractors
MarketShark reserves the right to hire subcontractors to complete any portion of the project, as long as it does not impact the overall quality or delivery timelines of the services. Clients will be notified of any subcontracting arrangements.
11. Governing Law
11.1. Jurisdiction
This agreement is governed by the laws of Australia. Any disputes arising from this agreement will be resolved under the jurisdiction of Australian courts.
11.2. Arbitration
In the event of a dispute, both parties agree to resolve matters through mediation or arbitration before pursuing legal action. This allows for a quicker, less costly resolution to disputes.
12. Entire Agreement
This agreement constitutes the entire understanding between MarketShark and the client. Any previous agreements, verbal or written, are superseded by this document. Both parties acknowledge that this document fully represents the terms and conditions agreed upon.
Privacy Policy
1. Introduction
At MarketShark, your privacy is of the utmost importance to us. This privacy policy outlines how we collect, use, disclose, and protect your personal information. By using MarketShark’s services, you consent to the data practices described in this policy.
2. Information We Collect
2.1. Personal Information
When you engage with our services, we collect personal information such as:
- Name: To identify and communicate with you.
- Email Address: For communication and updates.
- Phone Number: For support and further inquiries.
- Payment Details: For processing service fees and maintaining records.
2.2. Non-Personal Information
We may collect non-personal information, such as browser type, location data, and website interactions, to improve our services and provide a better user experience. This data is collected through cookies, analytics, and tracking tools.
2.3. Cookies
Cookies are small data files placed on your device to track activity and personalize content. You may choose to disable cookies, but this could affect the functionality of our website and services.
3. How We Use Your Information
3.1. Service Provision
The personal data you provide is used to deliver and enhance the services you request. This includes maintaining communication, processing transactions, and ensuring smooth project management.
3.2. Communication
We may use your contact information to send newsletters, promotions, and updates on services that may be of interest to you. You can opt out of marketing communications at any time.
3.3. Analytics and Improvement
Non-personal information is analyzed to improve our service offerings. This includes using data to assess website traffic, user behavior, and the effectiveness of marketing strategies.
3.4. Legal Compliance
We may use your information to comply with legal obligations, resolve disputes, and enforce our agreements.
4. Sharing of Information
4.1. Third-Party Service Providers
We may share your information with third-party service providers who assist in delivering our services, such as payment processors, CRM tools, or marketing platforms. These third parties are only authorized to use your information as necessary to perform their functions.
4.2. Legal Requirements
MarketShark may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal processes, protect the rights of the company, or protect the safety of the public or users.
4.3. Business Transfers
In the event of a merger, acquisition, or sale of company assets, your personal information may be transferred to the new owner or party as part of that transaction.
5. Data Security
5.1. Protection of Data
We implement industry-standard measures to protect your personal information from unauthorized access, use, alteration, or disclosure. This includes the use of encryption, firewalls, and secure servers.
5.2. Data Breaches
In the event of a data breach, we will notify affected users as soon as possible and take immediate steps to mitigate the breach. This includes identifying the source of the breach and implementing measures to prevent future occurrences.
5.3. Retention of Information
We retain personal information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. When information is no longer required, it will be securely deleted.
6. Your Rights
6.1. Access to Information
You have the right to request access to your personal data and obtain information about how it is processed. We will provide you with a copy of the data upon request, subject to any legal or administrative restrictions.
6.2. Updating and Correcting Information
You have the right to correct any inaccuracies in the personal information we hold about you. Contact us to update or rectify your information at any time.
6.3. Data Portability
You may request to receive your personal data in a structured, commonly used, and machine-readable format for the purposes of transferring it to another service provider.
6.4. Right to Withdraw Consent
You can withdraw your consent for the processing of your personal data at any time by contacting us. Please note that withdrawing consent may affect your ability to use certain services.
6.5. Right to Erasure
You may request the deletion of your personal data in certain circumstances, such as if the data is no longer necessary for the purposes for which it was collected or if you withdraw your consent. We will evaluate and respond to such requests in accordance with applicable laws.
7. Updates to This Policy
7.1. Policy Changes
MarketShark reserves the right to modify this Privacy Policy at any time. Changes will be posted on this page, and users will be notified through email or other communication channels if significant updates are made.
