Definitions

'You' is used to describe your business or individuals acting on your behalf.
'My Advertising Expert', 'us' and 'we' is used to describe Mahmoud 'Mark' Khoder, trading as 'My Advertising Expert' as well as the products and/or services offered through the website www.myadexpert.org.

Operation of these Terms and Conditions

These terms and conditions outline the rights and responsibilities you will have in the event that you engage My Advertising Expert to render services to you.
If you have not engaged My Advertising Expert to render services to you, these terms and conditions may not apply to you. They may, however, be used a guide in deciding whether or not My Advertising Services is right for you.
Conversely, if you have engaged My Advertising Expert to render services to you, these terms and conditions are only a summary of the Agreement into which you have entered, or are about to enter, with My Advertising Expert. That Agreement, and not these terms and conditions, governs the relationship between you and My Advertising Expert.

Your use of this website

This website may contain links to other websites. We include these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply). We have no control over such websites, do not review their content and will not be liable for their content or accuracy. You access linked websites at your own risk and discretion.
You make use of this website at your own risk. My Advertising Expert disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of this website, whether direct or indirect, and whether or not My Advertising Expert has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of this website, whether direct or indirect.
Notwithstanding anything to the contrary contained in these Terms and Conditions, My Advertising Expert shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these terms and conditions or the website and whether caused by latent or patent defects in the website, the use of the website, the products or services purchased through the website, information contained on the website or otherwise.

Authorisation

When you engage My Advertising Expert to render services to you, you are engaging My Advertising Expert for the specific project of developing a website, improving a Website and/or improving the business results derived from a website. That website is to be installed on either your web host or our provided web host. By entering into an agreement with My Advertising Expert, you authorise My Advertising Expert access to your hosting accounts, and authorise the web hosting service to provide My Advertising Expert with permission to any domain name or server details.

Website Creation and Design Services

The nature and scope of all website creation and design services to be rendered by My Advertising Expert to you will be finalised during the execution of a formal agreement between My Advertising Expert and you. Further consultation will allow for clarification and/or extension of the agreed website creation and design services.

A website template or an existing website reference will be supplied by you to give the website designer guidance in achieving a look and feel that fits your business.
You will be provided with a design that will be taken from your supplied reference and customised to suit your business. After you have discussed and clarified your preferred design with us, we will build your website around that design concept. You will then be provided with a further opportunity to request website adjustments upon delivery. Further design requirements and website changes after this period will be charged at the standard hourly rate.

My Advertising Expert is under no obligation to review a creative or revision brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a creative or revision brief.

When you are provided with a revision, you are responsible for its review. If you fail to promptly advise that the revision is not reasonably responsive to the creative brief, you will be deemed to have accepted the revision.

Domain Name Registration

An initial domain name purchase and registration is included in the price of your specific package. If you wish for My Advertising Expert to renew your website domain and hosting at the conclusion of each applicable registration period (generally every two years), such renewal will be at your expense.
When you purchase your specific package, you authorise My Advertising Expert to renew your website domain and hosting indefinitely. Should you wish for your website domain and hosting to not be renewed, you must provide written notice thereof to My Advertising Expert no later than 30 days prior to the conclusion of the current registration period.

Domain Name Transfer

When we register a domain name, we assume ownership of that domain name for the duration of the applicable registration period.
We may, upon request and at our absolute discretion, transfer ownership of the domain name to you after any registration period.  

Completion Date

My Advertising Expert will work together with you to complete the website in a timely manner. We agree to work expeditiously to complete the website within a reasonable time. You are advised to send us your website content as soon as possible, along with any photos, discs, brochures, logins or advertising material useful for completing the website project. Failing to supply sufficient website content on time will lead to delays in the completion of the website.

Website Changes

My Advertising Expert can undertake website maintenance when requested. Any changes required must be emailed to us and we will provide you with a written quote outlining the changes proposed and the costs involved in carrying out those changes.

All quotes are valid for 30 days from date of issue.

Once we receive your written email approval for the quote, we will complete the scope of work quoted within a reasonable time frame. Any urgent work required will be charged at a premium hourly rate.

My Advertising Expert will not accept any responsibility for any alterations performed either by you or a third party. Such alterations include, but are not limited to, additions, modifications and/or deletions.

If My Advertising Expert is required to correct any errors resulting from such alterations, you will be charged for this work at the premium hourly rate.

Loss Of Service

We will endeavour to maintain network stability and satisfactory service levels, however, we may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.

We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, computer hackers, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as that of a third party), failure of software, failed software or hardware upgrade or any other failure as caused by My Advertising Expert, our suppliers or any third party.

We may, at our discretion provide notification of outages whether planned or unplanned.
You hereby release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

Search Engine Optimisation

The use of the My Advertising Expert search engine optimisation service is
at your own risk. You acknowledge that My Advertising Expert makes no warranty that search engine optimisation will generate any increase in sales, business activity, profits or any other form of improvement for the your business or any other purpose.
Whilst My Advertising Expert takes all care in implementing our search engine optimisation solution it is unable to guarantee improved rankings in Australia's major search engines as it does not control the algorithms of those search engines.

Email Hosting

You represent and warrant that all electronic mail sent using Email Hosting provided by My Advertising Expert and/or will comply with applicable rules and regulations pertaining to the sending of electronic mail.

You agree to observe the procedures that My Advertising Expert may from time to time prescribe and shall not use the Website in any way that harms other My Advertising Expert customers or members of the public generally.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to My Advertising Expert must comply with the rules appropriate for those other networks.
My Advertising Expert uses its best efforts to ensure the integrity and security of the Server, however, we do not guarantee that the Server will be free from unauthorized users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.

Limitations Of Service

You are restricted to the data storage, number of domain names, and bandwidth quota applicable to the web hosting package for which you registered. Additional storage and bandwidth usage will be charged at current published prices.
My Advertising Expert reserves the right to remove any material that we deem inappropriate from your Website without notice to you.

Billing

My Advertising Expert reserves the right to raise invoices in relation to the Services at any time. Further, My Advertising Services reserves the right to raise invoices for all amounts payable by you in relation to the Services, or partial amounts payable by you in relation to the Services, at its absolute discretion.
The terms of payment of said invoices shall be within 14 days of your receipt of said invoices. You shall be taken to have received an invoice at the time an invoice is emailed by My Advertising Expert to your nominated email address.  Further reasonable terms and conditions or payment may be included within said invoices at the sole discretion of My Advertising Expert and shall, by incorporation, form part of these Terms and Conditions.
In the event that any Invoice remains unpaid more than 14 days after your receipt of that invoice, interest in the amount of 10% per annum, compounding daily, shall be charged to the client and added to the total cost of the Services.

Ownership Rights

Any and all inventions, discoveries, developments, innovations, websites, web pages, graphic designs, icons, HTML, code, computer programming, and other elements incorporated therein conceived by My Advertising Expert during this engagement relative to the Services  shall be the exclusive property of My Advertising Expert; and you hereby assign all right, title, and interest in the same to My Advertising Expert.
You warrant and represents that you, in providing materials to My Advertising Expert for the purpose of receiving My Advertising Expert's Services, shall not utilise any invention, discovery, development, improvement, innovation, or trade secret in which you do not have a proprietary interest.
All files, records, documents, blueprints, specifications, information, letters, notes, media lists, creative works, notebooks, and similar items relating to your business, whether prepared by My Advertising Expert or otherwise coming into its possession, shall remain the property of My Advertising Expert. 

License

Any and all inventions, discoveries, developments, innovations, websites, web pages, graphic designs, icons, HTML, code, computer programming, and other elements incorporated therein conceived by you prior to entering into an Agreement with My Advertising Expert and provided by you to My Advertising Expert are hereby licensed non-exclusively to My Advertising Expert for use in its operations and for an infinite duration. 

Term

Any agreement between you and My Advertising expert shall commence upon execution of a valid written contract and shall continue in full force and effect until:

  1. the completion of My Advertising Expert's duties under said Agreement; or
  2. you give notice that you will not engage My Advertising Expert to carry out any additional tasks, such as renewing domain name or web hosting registration; or
  3. the date on which My Advertising Expert receives full payment of all outstanding invoices and interest (if applicable);

whichever is later.

Rejection or Cancellation

Rejection of the completed Services or cancellation during their execution will result in forfeiture of all monies paid prior to said rejection or cancellation. My Advertising Expert reserves the right to invoice you for all Services completed at the date of said rejection or cancellation.

Indemnity

You hereby indemnify My Advertising Expert, its representatives, affiliates and agents from all direct and indirect, consequential or special claims, costs, losses and liabilities (including, without limitation legal costs on a solicitor and client basis) suffered or incurred by any of them as a result of or in connection with any breach of a valid written contract by you and your representatives, affiliates and agents.

Your use of this site indicates acceptance of the above.