Terms of Service

BUSINESS MARKETING SYSTEMS PTY LTD

TERMS AND CONDITIONS OF SERVICE

ABN: 25 139 675 559
Website: www.businessmarketingsystems.com.au
Email: hello@businessmarketingsystems.com.au
Phone: +61 2 8111 8154

1. ACCEPTANCE OF TERMS

1.1 Agreement

By accessing or using the Business Marketing Systems website (www.businessmarketingsystems.com.au) or engaging our services, you agree to be bound by these Terms and Conditions of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

1.2 Legal Capacity

You represent that you have the legal capacity to enter into this agreement and, if acting on behalf of an organisation, that you have the authority to bind that organisation to these terms.

1.3 Governing Law

These terms constitute a legally binding agreement between you and Business Marketing Systems Pty Ltd (ABN: 25139675559) under the laws of New South Wales, Australia.

2. ABOUT BUSINESS MARKETING SYSTEMS

2.1 Business Description

Business Marketing Systems is an Australian digital marketing agency providing integrated WordPress development, hosting, and marketing services to Australian businesses through strategic partnerships including Vendasta Technologies.

2.2 Services Offered

• WordPress website development and customisation
• Website hosting and technical management
• Digital marketing services and campaign management
• Business automation and system integration
• Strategic marketing consultation and planning
• Social media management and advertising
• Search engine optimisation (SEO)
• Google Ads and paid advertising management

2.3 Service Area

Primarily serving Australian businesses with local expertise and market understanding, with particular focus on SMBs in New South Wales and Victoria.

3. WEBSITE USE AND ACCESS

3.1 Permitted Use

You may use our website for:

• Researching our services and capabilities
• Requesting information and consultations
• Accessing client portals and project information (with authorisation)
• Reading educational content and resources
• Submitting enquiries and service requests

3.2 Prohibited Use

You may not use our website for:

• Any unlawful or fraudulent purpose
• Attempting to gain unauthorised access to systems or data
• Distributing malware, viruses, or harmful code
• Scraping, copying, or reproducing content without permission
• Interfering with website functionality or performance
• Impersonating Business Marketing Systems or other users
• Harvesting email addresses or personal information
• Conducting any activity that violates Australian law

3.3 User Accounts

If you create an account or access client portals:

• You are responsible for maintaining account security
• You must provide accurate and current information
• You must notify us immediately of any security breaches
• We reserve the right to suspend or terminate accounts for violations
• Passwords must be kept confidential and not shared

4. SERVICES AND PRICING

4.1 Service Packages

Our current service packages include:

WordPress Development:

• Essential WordPress Package: $2,750 (inc. GST)
• Business Growth Package: $4,950 (inc. GST)
• Enterprise Solution Package: $8,250+ (inc. GST)

Marketing Services:

• Starter Marketing Bundle: $550/month (inc. GST)
• Growth Marketing Bundle: $1,650/month (inc. GST)
• Premium Marketing Bundle: $3,300/month (inc. GST)

Spring Sprint Specials:

• WordPress Quick Launch: $2,499 Setup + $199/month (12 months) (inc. GST)
• Digital Presence Package: $1,799 Setup + $99/month (12 months) (inc. GST)
• Marketing Accelerator: $3,999 Setup + $599/month (12 months) (inc. GST)

4.2 Pricing and Payment

• All prices are in Australian dollars and include GST where applicable
• Prices are subject to change with 30 days’ notice
• Payment terms are net 7 days unless otherwise agreed
• Late payments may incur interest at the Reserve Bank cash rate plus 2% per annum, calculated daily from the due date.

  We understand that businesses occasionally face cash flow challenges. Please contact us to discuss payment plans if you’re experiencing difficulties meeting payment terms.

• We accept payment via bank transfer, credit card, or direct debit

4.3 Service Level Agreements

Specific service levels, deliverables, and timelines will be outlined in individual service agreements or proposals.

5. INTELLECTUAL PROPERTY

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Business Marketing Systems or our licensors and is protected by Australian and international copyright laws.

5.2 Client Intellectual Property

• Clients retain ownership of their existing intellectual property
• Content created specifically for clients becomes their property upon full payment
• We retain the right to use generic code, techniques, and methodologies
• We may showcase completed work in our portfolio with client permission

5.3 Licensed Materials

Some services may include licensed materials from third parties (themes, plugins, stock images). These remain subject to their original licensing terms.

6. WARRANTIES AND DISCLAIMERS

6.1 Service Warranties

We warrant that our services will be:

• Delivered with professional skill and care
• Performed in accordance with agreed specifications
• Compliant with Australian Consumer Law requirements
• Supported according to our Service Level Agreements

6.2 Website Performance

We warrant that websites we develop will:

• Function according to agreed specifications
• Meet current web standards and accessibility guidelines
• Include basic security and performance optimisation
• Be compatible with current versions of major web browsers

6.3 Marketing Results Disclaimer

Important: While we use professional marketing practices and industry-standard tools:

• Marketing results may vary based on market conditions, competition, and business factors
• We do not guarantee specific outcomes, rankings, or revenue increases
• Past performance does not guarantee future results
• Marketing success depends on multiple factors beyond our control

6.4 Third-Party Services

• We use reputable third-party services (hosting, marketing tools, etc.)
• We are not responsible for third-party service failures or changes
• Client agreements with third-party providers are separate contracts
• We will assist with reasonable third-party service issues

7. LIMITATION OF LIABILITY

7.1 Liability Limitations

To the extent permitted by Australian Consumer Law:

• Our total liability for any claim is limited to the amount paid for the specific service
• We are not liable for indirect, consequential, or special damages
• We are not liable for loss of profits, data, or business opportunities
• We are not liable for delays caused by circumstances beyond our control

7.2 Force Majeure

We are not liable for delays or failures caused by:

• Natural disasters, pandemics, or government actions
• Internet outages or technical infrastructure failures
• Third-party service provider failures or changes
• Labour disputes or supply chain disruptions
• Acts of terrorism or war

7.3 Australian Consumer Law

Important: These limitations do not exclude or limit:

• Consumer guarantees under Australian Consumer Law
• Our liability for death or personal injury caused by negligence
• Our liability for misleading or deceptive conduct
• Any other liability that cannot be excluded under Australian law

8. INDEMNIFICATION

8.1 Client Indemnification

Clients agree to indemnify Business Marketing Systems against claims arising from:

• Client’s breach of these terms or service agreements
• Client’s use of our services for unlawful purposes
• Client’s infringement of third-party intellectual property rights
• Client-provided content or materials that violate laws or rights
• Client’s failure to obtain necessary permissions or licenses

8.2 Insurance Coverage

Business Marketing Systems maintains appropriate insurance coverage to protect
clients and ensure service delivery continuity:

Professional Indemnity Insurance: $2,000,000 minimum coverage

• Covers errors, omissions, or negligent acts in service delivery
• Certificate of Currency available upon request

Public Liability Insurance: $10,000,000 coverage

• Covers third-party injury or property damage
• Certificate of Currency available upon request

This insurance provides protection for clients in the event of professional
errors, omissions, or service delivery failures. Our insurance does not limit
your rights under Australian Consumer Law.

For Certificate of Currency or insurance inquiries:
Email: legal@businessmarketingsystems.com.au
Phone: +61 2 8111 8154

8.3 Mutual Protection

Both parties agree to:

• Promptly notify each other of any legal claims or disputes
• Cooperate in defending against frivolous or unfounded claims
• Maintain appropriate insurance coverage for business operations
• Act reasonably to minimise exposure and damages

9. TERMINATION

9.1 Termination by Client

Clients may terminate services:

• Upon 30 days written notice for monthly services
• Immediately for material breach by Business Marketing Systems
• Upon completion of project-based services
• Subject to payment of outstanding fees and charges

9.2 Termination by Business Marketing Systems

We may terminate services:

• Upon 30 days written notice for monthly services
• Immediately for non-payment exceeding 30 days
• Immediately for material breach of these terms
• Immediately for prohibited use or illegal activities
• Upon reasonable notice for business operational reasons

9.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• Access to systems and portals will be discontinued
• Client data will be provided in standard formats upon request (within 30 days)
• Ongoing obligations (confidentiality, intellectual property) continue

Refund Provisions:

Prepaid fees are non-refundable except:

• Where you are entitled to a refund under Australian Consumer Law
• For unused services following a major service failure
• For unused monthly services with 30 days notice (pro-rata refund)
• As otherwise required by law or agreed in writing

For information about your rights under Australian Consumer Law, see Section 6
and the Important Consumer Information section of these Terms.

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which forms part of these terms and complies with the Australian Privacy Principles.

10.2 Data Security

We implement reasonable security measures to protect client data but cannot guarantee absolute security. Clients are responsible for maintaining the security of their own systems and access credentials.

10.3 Data Backup and Recovery

• We maintain regular backups of client websites and data
• Backup restoration services are available upon request
• Clients are encouraged to maintain their own backup copies
• We are not liable for data loss beyond our reasonable control

11. DISPUTE RESOLUTION

11.1 Internal Dispute Resolution Process

For any disputes or concerns, the following process applies:

Step 1: Initial Contact

• Contact your account manager or project manager directly
• Most issues can be resolved at this level within 5 business days

Step 2: Formal Complaint

• Submit a written complaint to: complaints@businessmarketingsystems.com.au
• Include: Your name, contact details, nature of complaint, desired resolution
• We will acknowledge receipt within 2 business days
• We will investigate and respond with a resolution within 10 business days

Step 3: Escalation to Management

• If unsatisfied, request escalation to senior management
• Management review will be completed within 10 business days
• Final internal decision will be provided in writing

11.2 External Dispute Resolution

Mediation

If our internal dispute resolution process does not resolve the matter:

• Both parties agree to attempt mediation before legal action
• Mediation will be conducted through Community Justice Centres NSW
• Community Justice Centres NSW provides free mediation services
• Contact: 1800 990 777 or www.cjc.justice.nsw.gov.au
• Costs of private mediation (if chosen) will be shared equally

Legal Action

• If mediation fails, disputes may be resolved through NSW courts
• The parties submit to the non-exclusive jurisdiction of NSW courts

11.3 Governing Law

These terms are governed by:

• State Law: New South Wales, Australia
• Federal Law: Australian Consumer Law and Competition and Consumer Act 2010
• Jurisdiction: Courts of New South Wales, Australia

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties.

12.2 Modifications

We may modify these terms:

• With 30 days notice for material changes
• Immediately for legal compliance requirements
• With notification on our website and by email
• Continued use constitutes acceptance of modifications

12.3 Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.4 Assignment

Our Assignment Rights:

• We may assign these terms and our obligations to:
  • Related companies within our corporate group (no client consent required)
  • Service providers acting under our direct supervision (no client consent required)
  • Purchasers of our business or assets (with notice and opt-out rights)

Business Sale or Asset Transfer:

• If we sell our business or transfer assets that include your service agreement:
  • We will provide 30 days written notice to your registered email address
  • You may terminate your agreement without penalty within the notice period
  • The assignee must provide substantially equivalent or better services
  • Your consumer rights under Australian Consumer Law continue with the assignee
  • All data protection obligations transfer to the assignee

Your Assignment Rights:

• You may assign your rights under this agreement:
  • To a related company or business successor (with our written consent)
  • In connection with a sale of your business (with our written consent)
  • We will not unreasonably withhold consent to legitimate business transfers

Our consent is not required for assignment to entities you control or that control you.

12.5 Notices

Legal notices should be sent to:

• Email: legal@businessmarketingsystems.com.au
• Post: Business Marketing Systems, 81-83 Campbell Street, Surry Hills NSW 2010

13. CONTACT INFORMATION

General Enquiries

Business Marketing Systems Pty Ltd
ABN: 25139675559
Phone: +61 2 8111 8154
Email: hello@businessmarketingsystems.com.au
Website: www.businessmarketingsystems.com.au

Legal Notices

Legal Contact: Bradley C Hughes, Principal Consultant
Email: legal@businessmarketingsystems.com.au
Phone: +61 2 8111 8154

Complaints and Disputes

Complaints Officer: Bradley C Hughes
Email: complaints@businessmarketingsystems.com.au
Phone: +61 2 8111 8154

IMPORTANT CONSUMER INFORMATION

Australian Consumer Law Rights

Your rights under Australian Consumer Law cannot be excluded. These include:

• Services provided with acceptable quality and professional skill
• Right to refund for major failures in service delivery
• Right to compensation for reasonably foreseeable losses
• Protection against misleading or deceptive conduct

Consumer Guarantees

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to:

• Cancel the service contract with us
• Receive a refund for the unused portion
• Compensation for any other reasonably foreseeable loss or damage

For minor failures, you are entitled to:

• Have the services supplied again
• Have the services rectified
• Receive a refund if rectification is not possible

Small Business Protections

If you are a small business (fewer than 20 employees), additional protections apply under:

• Competition and Consumer Act 2010
• Australian Securities and Investments Commission Act 2001
• Unfair contract terms provisions

ACCC Contact Information

For more information about your rights:

• Website: www.accc.gov.au
• Phone: 1300 302 502

© 2025 Business Marketing Systems Pty Ltd. All rights reserved.