Terms & Conditions.

1. Terms of Business for the Supply of Services

Conversion Kings (‘CK’) provides online marketing consulting services, including a/b and multivariate testing services, website analytic interpretation, heat mapping, measurement planning, marketing and customer and website investigations & shopping cart abandonment technology, website acceleration and customer surveys. CK has access to many advanced online technologies and methodologies that can be tailored to your organisation thereby adding true value to your online function. In addition to traditional digital consultancy, CK is able to offer implementation through their partner network for all your digital needs.

Our consultants are required to treat your company information as confidential and have signed an agreement to that effect.

We adhere to good governance policies, including Equal Opportunity provisions and will not discriminate by gender, sexual preference, ethnic origin, religious or union affiliation.

2. Intellectual Property

The Intellectual Property pertaining to Conversion Kings documentation, process and methodologies for consulting work completed by our consultants, partners and associates will remain the property of CK, unless other arrangements have been agreed in writing prior to the commencement of any assignment.

The Free Report offered in this website is intended for the site owner only. Any enquiries from other marketing agencies made on behalf of the site owner will be at our sole discretion after consultation between the director of conversion kings and the director or owner of the enquiring marketing agency.

3. Confidentiality

It is understood that information shared with a CK consultant may be shared where appropriate with a CK partner who is bound to confidentiality. We take the security of your business information seriously and will only share only necessary information with our approved consultants partners and associates that are actively working on your account. CK will keep a record of who have had access to your information that will be available on request at [email protected]

4. Occupational Health & Safety

If we are using your premises you must provide a suitable and safe workplace that complies with the relevant occupational health and safety laws. You must also provide any supervision, instruction and training necessary to ensure that safe work is performed by our consultants including any information and protective equipment relating to hazardous substances.

We will jointly agree on the provision of any training, equipment or workplace changes necessary for the safe performance of services. You will notify CK and any relevant authorities immediately of any work related incidents or injuries affecting consultants.

You acknowledge that we have mutual obligations in ensuring the health and safety of our consultants and staff. You agree that we may visit your workplace from time to time to review safety arrangements of our staff. You agree to make any appropriate changes to reduce the risk of accidents in your workplace.
Cancellation or Postponement of Assignment
If an assignment is postponed or cancelled by you after the assignment planning has commenced and specific costs have been incurred you will pay a fee relating to any or all of the following: airfares; accommodation; preparation work; material expenses or any other expense deemed reasonable in relation to this specific assignment.

5. Assignment Fee Determination and Invoicing

Assignment details and fees charged will be confirmed in writing prior to the commencement of an assignment and authorised by you. Invoicing is upon signing of the order and payments are to be made in full prior to work commencing. All payments under our Terms of Business shall be made in cleared funds, without any deduction or set-off, and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority except as required by law.

6. Fair Go

We understand that careful planning cannot foresee every possible task required to fulfill a client’s objective due to the size and dynamic nature of technology and people. Conversion Kings acts in the best interests of the clients and will accommodate additional work to no more than 5% of allocated time. The clients will be notified when work has been completed that is outside of scope and with active communication will be made aware when other expenses will need to be incurred.

7. Other Expenses

Additional expenses such as equipment hire, software, development, travel and accommodation expenses and consulting materials outside the normal range of service delivery will be invoiced at cost. Approval will be sought before any expenses over $100 are incurred.

8. GST

Fees quoted are inclusive of Goods and Services Tax (GST), unless specified otherwise in the fee quote. Where applicable, GST shall be invoiced as part of our normal tax invoice for services and you agree to pay the GST as invoiced to you.
Limitation of Liability
To the extent permitted by law, CK liability for negligence, breach of contract or breach of Statute or Regulation, including implied warranties, shall be limited to the resupply of the services or the cost of having the services resupplied by a third party. If resupply is not appropriate or possible, CK liability shall be limited to the cost of the services provided to you by CK and you agree that our liability does not extend to punitive or exemplary damages or consequential or indirect loss, including but not limited to loss of profits.

9. Liability of Testing

The nature of testing will see that your website performance or sales, leads and or engagement may reduce. By signing these terms and conditions you accept that CK, its partners, associates and or consultants will not be held responsible or liable for loss not limited to but including revenue, customer acquisition, customer data, customer communication.
Money back guarantee
CK money back guarantee refers to refunding one “Monthly Optimisation” fee if CK fails to increase the clients conversion rate.

10. Conversion Rate

As with the nature of measurement, there are a number of areas of analytics that can be classed as the “Conversion Rate”. The conversion rate that will be used as reference for the “Money Back Guarantee” must fulfill all of the following criteria.

  1. Documented in a completed CK “Client Benchmark Report”
  2. “Client Benchmark Report” must be approved by CK management
  3. Comparison time of analysis must be approved by CK management

11. Force Majeure

A party is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement in such circumstances.

If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event.

Terms of Business for the Supply of Services.

Conversion Kings shall perform the services as set out in this proposal (the Services) specified in this proposal in accordance with the terms and conditions of this Agreement.

Term.

This Agreement cover phase 1 and 2 deliverables and continues for 12 months from the commencement date of this phase 3 (01/09/2019) within this Agreement (the Term) unless terminated earlier in accordance with the terms of this Agreement and, subject to the Client’s continued compliance with each and every provision of this Agreement, at the conclusion of the Term this Agreement will automatically renew for a further term of 12 months unless either party provides written cancellation to the other party 30 days prior to the end of the Term or any further term. If actual hours exceed this allocation plus 10%, excess will be charged at Conversion Kings’s usual hourly rate. Hours can be rolled over for 1 month max.

Client Obligations.

Client must promptly provide Conversion Kings with all information, access and assistance as reasonably requested by Conversion Kings within the timeframes specified by Conversion Kings to allow Conversion Kings to perform the Services, and Client acknowledges that Conversion Kings’s ability to fulfil its obligations under this Agreement are dependent on the Client properly complying with this clause failing which Conversion Kings may extend the dates as to when Conversion Kings will complete any or all of the Services in its sole discretion.

Change Request.

If either party requires a change to any part of this proposal, that party must (at its own cost) issue to the other party a change request in writing in respect of each change, the change of which must be accepted or rejected in writing by the other party within 10 business days of the date of the request, the change of which may result in Client paying additional fees to Conversion Kings as determined by Conversion Kings.

The parties acknowledge and agree that Client’s refusal to accept a change request from Conversion Kings may prevent Conversion Kings from fulfilling its obligations under this Agreement, in which case Conversion Kings may not be able to perform the Services, has not breached any of its obligations under this Agreement and may elect to immediately terminate the relevant proposal.

Payment Terms & Tax Invoices.

Conversion Kings will invoice the Client at the end of every month for all the Services provided within that month. Within 14 days of receiving the invoice from Conversion Kings, the Client must pay the invoice including approved third party expenses incurred by Conversion Kings in providing the Services (including the cost of travel) and any other amount due to Conversion Kings.

Default.

If the Client defaults in the payment of any money payable under this Agreement for a period of more than 10 business days, Conversion Kings may suspend performance of its obligations under this Agreement until such time as all payments due are paid in full and charge interest on the amount overdue at the rate of 9% per annum.

Costs.

Each party must bear its own costs and expenses arising out of and in connection with the negotiation, preparation and execution of this Agreement.

The parties acknowledge and agree that Client’s business is independent from the business of Cconversion Kings and this Agreement does not constitute, and shall not be interpreted as, an agency, partnership or joint venture between Client and Conversion Kings.

Force Majeure.

Neither party will be liable for a failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by or arises from any circumstance (other than the payment of moneys due) which is beyond the reasonable control of a party (including but not limited to any act of God, natural disaster including flood, fire or shortage of raw material, strike, lockout or other industrial action boycott, trade embargo, declaration of war or other governmental action).

Termination of agreement.

This Agreement may be terminated by either party in the event of a breach of any of the provisions contained in this Agreement. To effect termination of this Agreement the aggrieved party is required to provide written notice to the other party and provide them with 14 business days to remedy the breach. Failure to do so within the specified time, gives the aggrieved party the right to terminate the agreement without further notice.

Either party reserves the right to terminate this Agreement if the other partyhas an order made or resolution passed for its winding up, has a receiver appointed to investigate its affairs, becomes insolvent (in the sense that it is unable to pay all the person’s debts, as and when they become due and payable), has a liquidator appointed to administer its affairs, or enters into any composition or arrangement with its creditors generally or any class of them.

On the expiry or termination of this Agreement for whatever reason Client will immediately pay Conversion Kings for any invoice outstanding or for work performed up to the date of termination and for the remainder of the contract balance for all of the Services  (60% of the contract balance of which may be used by Client for hourly rate credits with Conversion Kings for 2 years from the date of termination), immediately cease to use any Conversion Kings intellectual property and cause the delivery to Conversion Kings (or the destruction, at Conversion Kings’s discretion) of any of Conversion Kings’s confidential information.

Subcontracting.

Client acknowledges and agrees that Conversion Kings may sub-contract the performance of any of its obligations under this Agreement, including the provision of all or part of the Services.

Obligations.

Each party will promptly execute all documents and do all things that another party from time to time reasonably requires of it to effect, perfect or complete the terms and conditions of this Agreement and any transaction contemplated by it.

Counterparts.

This Agreement may consist of a number of counterparts and, if so, the counterparts taken together constitute one and the same instrument.