Terms and Conditions of Service

Effective Date: [01 June 2018]
ABN: 46 622 363 035
Company Name: BTCK Corporation Pty Ltd
Trading As: ZipZipe
Websites: www.zipzipe.com.au, www.zipzipe.com

1. Agreement to Terms

By accessing or using any service provided by ZipZipe (ABN 46 622 363 035), you (“Client”, “you”, “your”) agree to be legally bound by these Terms and Conditions (“Agreement”). These terms govern all services provided by ZipZipe, including its related entities (“we”, “us”, “our”).

We reserve the right to update or modify these Terms and Conditions at any time. Any changes will be effective immediately upon publication on our website. Your continued use of our services signifies acceptance of the updated terms. If you do not agree with the updated terms, you must notify us in writing to terminate your services.

2. Services Offered

ZipZipe provides a range of digital marketing and IT services, including:

• SEO (Search Engine Optimisation)
• SEM and Google Ads Campaign Management
• Paid Advertising on Meta, TikTok, and LinkedIn
• Social Media Strategy and Content Management
• Graphic Design and Branding
• Email and Newsletter Marketing
• Website Design and Development (WordPress, Shopify, custom)
• E-commerce and Online Store Setup
• Web Hosting and Maintenance
• Technical Support, Automation, and DevOps
• IT Support for Web Infrastructure

3. Fees, Payments, and Billing Authorisation

3.1 Payment Platforms & Subscription Model

All ZipZipe payments are managed via secure, industry-standard third-party platforms including:

• Stripe
  
• Zoho Subscriptions
  
• GoCardless
  

When you engage our services, you will receive:

• A PDF Scope of Services describing deliverables and inclusions
• A secure hosted payment form clearly stating if your plan is recurring or one-off
• An invoice or subscription notification outlining billing cycle and product/service description

You, as the client, are responsible for reviewing this information prior to payment submission. These platforms will explicitly indicate:

• Whether your payment is a one-time charge or a recurring subscription
  
• The billing frequency, amount, and the name of the service
  

3.2 Self-Enrollment & Binding Acknowledgement

By entering your details and submitting payment through our hosted platforms (e.g., Stripe, Zoho, GoCardless), you:

• Acknowledge that you have read, understood, and accepted these Terms and Conditions
  
• Agree to the pricing, service scope, and payment terms
  
• Take full responsibility for reviewing what you are signing up for

Your first payment constitutes your acceptance of this Agreement. This digital acceptance process is legally binding under Australian contract law. If you are unsure of the billing cycle, you must clarify in writing before submitting payment.

3.3 Subscription Responsibility

• You are responsible for managing, updating, or cancelling your subscription in accordance with Clause 4 of this Agreement.
• Failure to read your invoice, subscription confirmation email, or the hosted payment form does not exempt you from charges or qualify you for refunds.
• Subscription fees will continue to be charged unless formally cancelled in writing.

4. Refund & Cancellation Policy

4.1 No Obligation to Refund

ZipZipe operates under a strict no-refund policy. We are not obligated to provide a refund at any time unless required by Australian Consumer Law. By engaging with our services, you agree that all fees paid are non-refundable, including setup fees, partial work, or paused accounts.

4.2 Valid Cancellation Method

Cancellations must be submitted in writing through one of the following:

• Email
• WhatsApp
• WeChat
• Any written platform with confirmation

Phone calls may be used to notify us of your intent, but a written follow-up is mandatory for cancellation to be processed.

Cancellations must be made at least 30 days in advance of your next billing cycle to avoid being charged for the following month.

4.3 No Guarantee of Financial Outcomes

You acknowledge that marketing services (SEO, SEM, paid ads, etc.) do not guarantee business results or income growth. We do not promise that you will generate leads, close sales, or earn income through our services. Marketing results depend on many external factors outside our control.

A lack of ROI or financial results is not a valid reason for a refund or early contract termination.

5. IT, Web Hosting & Platform Disclaimer

5.1 Task-Based Service Model

All technical work (including website, plugin, app, email, or server tasks) is performed based on your instructions and paid scope. We do not guarantee compatibility, performance, or ongoing functionality of any third-party software or platform used.

5.2 Limited Hosting Liability

We operate as a reseller, not an owner, of server infrastructure. Our hosting solutions are powered by third-party providers such as AWS, Google Cloud, or others. Therefore, we cannot guarantee 100% uptime, and are not responsible for outages, email failures, or data loss caused by these providers.

You accept that all hosting services are delivered “as is”, and we are not liable for any indirect or consequential loss, including lost revenue or client data.

6. Client Responsibilities

You agree to:

• Provide necessary access, passwords, approvals, and materials on time
• Pay all fees in full by the due date
• Comply with Google, Meta, and all platform policies
• Use our services for lawful, authorised purposes only

Failure to comply may result in service suspension or termination without refund.

7. Intellectual Property

Ownership of deliverables:

• All work remains the property of ZipZipe until paid in full
• Upon final payment, you receive full rights to creative deliverables, excluding third-party tools or licenses
• Custom software or proprietary frameworks remain owned by ZipZipe unless otherwise agreed

8. Privacy and Confidentiality

ZipZipe complies with the Privacy Act 1988 and the Australian Privacy Principles (APPs). Your information will only be used to deliver services and will be stored securely. We do not sell or share your data without your consent, except where required by law.

9. Dispute Resolution

If you have a concern, please contact us first at [email protected]. We will attempt to resolve all disputes within 7 business days. Unresolved matters may be referred to mediation before legal proceedings.

10. Governing Law

This Agreement is governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts and tribunals of NSW for any disputes arising from this Agreement.

11. Limitation of Liability

ZipZipe is not liable for:

• Any indirect or consequential loss, including lost profits
• Downtime, email errors, or outages from third-party platforms
• Client-side errors, delays, or implementation failures

Our total liability is limited to the total fees paid by you in the preceding three months.

12. Service-Specific Disclaimers

12.1 SEO (Search Engine Optimisation)

• You acknowledge that search engine algorithms and ranking policies are outside our control, and ZipZipe makes no guarantee of ranking position or traffic volume.
• If the website is altered by third parties, or offline for reasons not caused by us, any SEO results or KPIs are automatically void.
• If agreed KPIs are not achieved through no fault of the Client (with full access granted and the website online), we may, at our discretion, provide up to 90 days of additional service at no charge, post the last paid cycle.
• KPIs begin once the SEO content is uploaded. If our SEO work is later overwritten, deleted, or replaced, all KPI responsibilities are void.
• We provide no guarantee of increased sales, leads, or profits due to SEO, and accept no liability for any direct or indirect losses related to SEO performance.

12.2 Social Media Management & Paid Ads (Meta, TikTok, LinkedIn, etc.)

• You grant us permission to access and manage your social media accounts, but you remain the owner and are responsible for complying with platform terms.
• You are responsible for all media spend. ZipZipe does not pay any third-party ad platforms (e.g., Meta Ads, TikTok Ads) on your behalf.
• We are not liable for disapproved ads, account suspensions, platform bugs, or policy violations resulting in ad interruptions.
• Upon cancellation or pause of services, you must disable your campaigns directly. We are not responsible for any charges incurred from ad platforms after our service ends.
• You are responsible for uploading your own non-paid content, and we are not liable for any content errors or privacy issues while managing your social media.
• No guarantee of sales or business results is provided for any social media service.

12.3 Google Ads Management

• You authorise us to manage your Google Ads account, while maintaining full ownership and responsibility for the account.
• You are responsible for all payments made to Google. ZipZipe does not pay for or cover media spend.
• We accept no liability for ad disapprovals, policy violations, or intellectual property breaches on your account.
• If you pause or cancel our management services without pausing your campaigns, you remain liable for ad spend and will continue to incur management fees until written notice is received and confirmed by your ZipZipe account manager.
• If you wish to pause management, you must pause your campaigns at the same time.
• We provide no guarantee of ROI, conversions, or traffic increases via Google Ads.

12.4 Web Design and Development

• All web design and development services are delivered according to the approved project brief, proposal, or scope of work. Any changes outside of the agreed scope will be subject to additional charges.
• Revisions are limited to the number and scope outlined in your proposal. Excessive, repeated, or structural change requests outside the original scope will incur additional costs.
• The Client is responsible for providing all website content, including text, images, logos, and legal disclaimers, unless otherwise agreed in writing. ZipZipe does not accept liability for the accuracy, legality, or originality of any client-supplied content.
• We are not liable for copyright, trademark, or privacy violations related to user-submitted content or media files.
• Unless explicitly stated, our web design services do not include SEO, ad campaigns, copywriting, or post-launch support. These services can be purchased separately.
• You are responsible for reviewing all pages and testing all functionality prior to final approval. Once approved, the site is considered delivered.
• We are not responsible for website issues arising from:
  
  

  • Client-side changes or third-party developer changes after launch
  • Plugin or theme updates that break compatibility
  • Hosting/server-related downtime or email failures
  • Third-party integrations (e.g., booking tools, CRMs, ecommerce apps)

• All websites are tested on modern desktop and mobile browsers at the time of launch. We do not guarantee compatibility with obsolete, future, or unsupported browsers/devices.
• ZipZipe retains the right to showcase the project in our portfolio unless a non-disclosure agreement is in place.
• Ownership of the website design and code transfers to you upon full payment, excluding any third-party tools, fonts, themes, plugins, or licenses which remain the property of their respective creators.
• We offer no guarantee that your website will produce specific business results, leads, or income. Website performance depends on multiple factors outside of our control including your industry, offer, customer behaviour, and your ongoing marketing activities.

12.5 Graphic Design and Branding

• All graphic design and branding services are delivered based on the agreed project brief, mood boards, discovery workshops, or scope documentation. Any requests outside the agreed brief may result in additional fees.
• Revisions are limited to the number stated in your proposal or project scope. Revision rounds are intended for refinement only, not full redesigns. Requests for substantial changes beyond the included revisions will incur extra costs.
• Creative preferences such as colours, fonts, layout, and style are highly subjective. While we strive to meet your expectations, no refund or compensation will be provided due to dissatisfaction with the style or subjective outcome of creative work, especially after revisions have been consumed.
• The Client is responsible for ensuring the accuracy of any content, names, spelling, and details used in designs. Final approval is required before files are released. ZipZipe is not liable for any errors overlooked during the client’s review process.
• Unless explicitly included, our branding packages do not include trademark registration, legal name searches, or domain availability checks. The Client is responsible for ensuring their business name and logo do not infringe on existing trademarks or IP.
• We may use commercially licensed fonts, stock images, or third-party design elements in our work. Ownership of such assets remains with the original creators and is subject to their licensing terms. You must not resell or distribute these materials beyond their intended use.
• Upon final payment, you will receive final artwork files (e.g., logo files, brand assets) in industry-standard formats. Ownership of the final designs transfers to you, excluding any third-party fonts, templates, or stock images which are licensed, not owned.
• ZipZipe retains the right to display branding and graphic design work in its portfolio, digital channels, or case studies unless otherwise restricted by a written non-disclosure agreement.
• You acknowledge that visual branding and creative design outcomes do not guarantee business growth, brand recognition, or commercial performance, as these depend on broader business strategy and implementation.

12.6 E-commerce, Web Hosting, and IT Support Services

• Our e-commerce and technical services include but are not limited to: Shopify/WordPress site setup, online store configuration, plugin or theme installation, hosting setup and support, platform integrations, automations, server configurations, and IT-related assistance across your digital systems.
• All services are performed based on the agreed brief or support task list. You are responsible for ensuring that any changes or configurations made align with your business needs. We do not offer refunds based on dissatisfaction with performance or platform behaviour.
• You acknowledge that we are not the owner or creator of platforms such as Shopify, WordPress, WooCommerce, CloudLinux, cPanel, Google Cloud, AWS, or any third-party services. We operate as a reseller, consultant, or support provider only. Therefore, we make no guarantees or warranties on behalf of these platforms.
• We do not guarantee website uptime, email deliverability, platform speed, or compatibility across devices or browsers. Any issues arising from third-party platform updates, outages, or service changes are outside of our control.
• We are not responsible for any business interruption, income loss, or data loss caused by plugin conflicts, theme errors, failed updates, or hosting-related issues.
• Unless explicitly included in your scope, our services do not cover backups, malware removal, security auditing, server monitoring, or system hardening. These services can be arranged separately.
• For all managed hosting and infrastructure services:
  
  

  • You acknowledge that your data is hosted on third-party cloud infrastructure, and ZipZipe does not own or physically operate the server hardware.
  • While we take reasonable steps to provide stable environments, 100% uptime is not guaranteed.
  • We are not liable for any outages, DNS delays, SSL certificate expiry, or email delivery failures unless these are directly caused by our actions.

• We are not responsible for the functionality of external applications, APIs, payment gateways (e.g., Stripe, PayPal), or shipping modules, and do not provide warranties for their behaviour or compatibility.
• You are responsible for reviewing and testing all platform functionalities before launch, including checkout flow, payment processes, tax settings, shipping logic, and inventory configurations.
• We do not guarantee that your online store or system will generate sales, traffic, or income, as performance depends on many external factors beyond our control including your offer, product, pricing, and marketing.
• You acknowledge that all access credentials, server logins, and sensitive IT settings must be securely managed by you after handover. We are not liable for any breaches resulting from weak passwords, shared access, or unmanaged security protocols.