TERMS & CONDITIONS

Last Updated: 20/01/2025

These Terms & Conditions (“Terms”) govern the agreement between Hey V.A. (“Company”) and the client (“Client”) for the purchase and delivery of The 6-Month Elevator Package (“Package”). By purchasing the Package, the Client agrees to the following:

1. Overview
The 6-Month Elevator is a fixed-term, comprehensive digital marketing package designed to enhance the Client’s online presence and business growth. The Package spans six (6) months and includes services as outlined in the Scope of Services below. This Package requires a six-month commitment, during which the Client must adhere to the terms outlined herein to ensure successful delivery of all services. Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies available to the Client under the Australian Consumer Law or other applicable laws in New South Wales.

2. Scope of Services
Included Services:
Website Refresh: Redesign and optimisation of up to five (5) key pages, completed within the first month. Includes two (2) rounds of revisions.
Social Media Management: 15 posts per month, including 3 reels, tailored for Instagram and Facebook. Four (4) hours of engagement per month.
Meta Ad Campaign: One (1) campaign with three (3) ad sets per month. Includes audience targeting, ad design and copywriting, and two (2) revisions per campaign.
Sales Funnel Creation: Development and integration using existing platforms. Includes landing page setup, lead magnets, and email sequences.
Email Marketing: Two (2) campaigns per month with metrics tracking. Additional campaigns are available at an extra cost.
SEO Optimisation: On-page SEO updates, keyword research, and monthly reporting.
Blog Writing: Two (2) SEO-optimised blog posts (700–800 words each) per month.
Monthly Reporting: Performance reports covering social media, ads, SEO, and email marketing. Exclusions:

The Package does not include: technical SEO fixes, e-commerce setup, advanced integrations, meta ad spend costs or third-party software costs.

3. Payment Terms
Pricing: The pricing for The Elevator is locked in at the time of onboarding. The agreed-upon price at the time of signing the contract will remain fixed for the Client throughout the six-month term. However, Hey V.A. reserves the right to adjust the publicly listed price of The Elevator on the website at any time without prior notice.
Payment Options: Upfront: payable in full at the start of the contract. 50/50 Split:  payable every three (3) months. Monthly: payable in six (6) instalments.
Refund Policy: The Elevator is a six-month lock-in contract. All payments must be made in full as agreed, regardless of whether the Client chooses to utilise the services. Refunds are only applicable if Hey V.A. fails to deliver agreed services as outlined in the Scope of Services and as required by Australian Consumer Law.
Missed Payments: Payments not received by the due date will enter a seven (7) day grace period. If payment is not received after the grace period: Services will be paused. A $50 + GST daily late fee will apply. Deliverables will be withheld until the overdue balance is paid in full. Non-payment beyond thirty (30) days may result in contract termination, and the Client will be liable for the remaining balance.

4. Ownership of Deliverables
Ownership of deliverables (e.g., website updates, ad creatives, email campaigns) transfers to the Client only upon full payment of all amounts due. Hey V.A. retains ownership of any Background IP (e.g., templates, tools, pre-existing code) used during the project. The Client is granted a non-exclusive license to use these materials solely within the scope of the final deliverables.

5. Revisions and Approvals
Website updates include up to two (2) rounds of revisions. Additional revisions will incur a fee of $120 + GST per hour. Clients are required to review and approve proofs, deliverables, or requests within three (3) business days. Failure to provide timely feedback may result in the affected deliverable being delayed or omitted for that month.

6. Communication and Tools
Communication for the Package will occur exclusively through Asana to ensure clear tracking of deliverables and approvals. Clients are expected to actively engage with Asana for all approvals, feedback, and updates. Links for review, proofs, and progress updates will be provided via Asana.

7. Cancellation and Termination
The Package requires a six-month lock-in period. Early termination is not permitted, and the Client is responsible for paying the full balance of the contract. If a payment is not made within seven (7) days of the due date, services will be paused, and the contract may be terminated, as outlined in Payment Terms.

8. Confidentiality and Data Privacy
Hey V.A. agrees to handle personal information provided by the Client in accordance with the Privacy Act 1988 (Cth). The Client’s personal information will only be used as necessary for service delivery or as otherwise required by law.

9. Limitation of Liability
To the extent permitted by law, Hey V.A.’s liability for any claims, damages, or losses arising under these Terms is limited to the resupply of services or the cost of resupplying services, at Hey V.A.’s discretion.

10. Force Majeure
Hey V.A. shall not be held liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, government actions, or third-party service interruptions.

11. Post-Package Support
At the conclusion of the six-month term, Hey V.A. will provide Procedure Manuals: Standard operating procedure (SOP) manuals for managing deliverables like sales funnels, email campaigns, or social media content. Retainer Options: Standard Retainer Packages: Continue with our pre-set service plans. Custom Retainer Packages: Tailored solutions for your ongoing needs.

12. Dispute Resolution
The parties agree to attempt resolution of disputes through negotiation in good faith. If unresolved, the parties shall seek mediation before pursuing legal action. Disputes will be resolved in the courts of New South Wales, Australia.

13. Governing Law
These Terms are governed by the laws of New South Wales, Australia.

For questions about these Terms, please email: [email protected]