Terms and Conditions

Article 1 - Object Paragraph

Article 2 - Digital Marketing Operations

Article 3 - The mandate

Article 4 - Rights and obligations of the company

Article 5 - Rights and obligations of the Customer

Article 6 - Performance of the service

Specific terms and conditions

Article 1 - Purpose

Article 2 - Digital marketing operations

Article 3 - The mandate

Article 4 - Rights and obligations of the company

Article 5 - Customer's rights and obligations

Article 6 - Performance of the service

Terms and Conditions - Digital strategy management

Article 1 - Purpose

These terms and conditions govern the contractual relationship between the Customer and the company Register whose registered office is located at 415 Warrigal road , Burwood , Vic - 3125 related to the sale of services, whose main purpose is: digital marketing services and consulting, advertising strategy services and consulting.

The present General Terms and Conditions of Sale are available at

https://go.australianbobcat.com/cgv

(under the heading "general terms and conditions of sale") and are attached to any contract concluded between the Customer and the company .

The company reserves the right to modify its general terms and conditions of sale, its formulas and its rates at any time and without prior notice. These modifications will have no effect on current orders.

The Customer using the services of acknowledges having read and accepted without reservation the general terms and conditions of sale, as well as the warnings in Book XI of the Code of Economic Law concerning copyright and intellectual property laws.

Article 2 - Order terms and prices

The sale of services is only complete once a Contract has been drawn up between the Customer and the company in accordance with the terms of said Contract and subject to the first payment by the Customer. By this Contract, the Customer acknowledges that he has verified the suitability of the service for his needs and that he has received from all the information and advice he required to subscribe to the Contract with full knowledge of the facts. Any additional service or modification requested by the Customer will only be taken into account after mutual agreement between the two Parties, and will therefore be invoiced additionally. The Customer's agreement will also be formalized by a Contract and a cash payment.

2.1 - Compliance with payment terms

By working with the customer undertakes to comply with the terms of payment as defined in the offer.

Article 3 - Additional costs

Any miscellaneous items that may be necessary for the company to carry out its services, and which do not fall within the scope of its offer under the Contract, are not included in the prices indicated. These may include advertising expenses, travel expenses or additional supplies such as photo purchases, image bank subscriptions, launching and optimization of online advertising campaigns, SaaS tool or software subscriptions, and any other expenses related to the performance of the service. These elements may, at the Customer's express request, be the subject of a specific Contract on the part of . Payment of these costs will be made directly by the Customer unless otherwise specified on the Contract. The services of the company as defined above, are subject to payment.

These services comprise: technical costs for installation and configuration of advertising campaigns, monthly management costs for optimization, monitoring of advertising campaigns, analysis and monthly reporting. The technical costs of installation and configuration will be indicated when the order is placed. Monthly management fees are invoiced on a flat-rate basis or as a percentage of the budget managed. They are due in full, regardless of the extent to which objectives have been achieved and the resources deployed. Any incidental expenses incurred by during the execution of its mission will be reimbursed by the customer: travel expenses, accommodation expenses, liaison expenses (couriers, express transport, etc.) and any other expenses related to the activity.

At the Customer's request, the company will provide the relevant supporting documents. The termination indemnity equivalent to one month's service in the event of non-compliance with the notice period corresponds to the amount paid in the month preceding that in which the Customer terminates the collaboration without complying with the notice period.

This indemnity is due to cover all configuration services and technical installation costs.

Article 4 - Commitment and liability of the parties

In general, the Customer and undertake to cooperate actively to ensure the proper performance of the Contract. Each party undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other party to take the necessary measures. If the Customer refuses to provide the elements requested by with a view to a smooth collaboration, the Customer shall not be held responsible and shall be held solely liable. The obligations of the Contract are indivisible and joint and several with regard to the Customer, his heirs or assigns, in any capacity whatsoever.

4.1 - The Customer

The Customer undertakes to provide accurate and sincere information and undertakes to inform the company Register of any change concerning the data provided and shall be solely responsible for any malfunctions that may result from erroneous information. The Customer must maintain a valid e-mail address and postal address. Any change in the Customer's contact details must be sent without delay to Register .

The Customer undertakes to use the services of the company in compliance with the laws applicable in Belgium and abroad, as well as with the practices in force on the Internet. In particular, but not exclusively, the Customer undertakes to comply with the rules of the various advertising platforms used (Google, Facebook, LinkedIn), intellectual property, trademark and patent law, the protection of minors, the laws governing audiovisual communication services, the processing of personal data, respect for human dignity, e-commerce and advertising.

The Customer may not store or disseminate data of any nature that may infringe the rights of a third party or violate any applicable law. Furthermore, it is the sole responsibility of the Customer to ensure that the communication requests he addresses to are legal for the media envisaged. For content supplied by the customer (texts, documents to be downloaded, images/photos, videos), the customer must take responsibility for obtaining any authorizations relating to copyright or related rights.

Information published on the Internet by the Customer after it has been placed online is under his sole and exclusive responsibility. The Customer undertakes not to store or disseminate any data whatsoever relating to the denial of crimes against humanity, incitement to racial hatred, child pornography, xenophobia and information of a polemical nature. The Customer shall refrain from communicating to any person outside his company any written or oral information, technical interventions or know-how of the company without prior agreement.

The Customer undertakes to inform its staff of the confidential nature of the information communicated by . Finally, the Customer agrees not to use the skills of for hacking, denial of service, attack, phishing ("fishing"), sending unsolicited e-mail, sending viruses or any other illegal activity, as defined by law or jurisprudence.

In the event of non-compliance with any of these clauses, the company reserves the right, without compensation and without notice, to refer the matter to the competent authorities, and to terminate the contractual relationship, seeking damages, without prejudice to any other action under common law that may be taken by the company . The Customer guarantees the company against all pecuniary and legal consequences that may result from the Customer's civil or criminal liability due to the presentation and content of any data stored or disseminated by the Customer, and this with regard to legislation throughout the world. The Customer declares that he/she is fully aware of the relative reliability of the Internet network, particularly in terms of the relative security of data transmission, non-guaranteed continuity of access to the service, perf

4.2 - The company

The company undertakes to carry out the mission entrusted to it under the terms of the Contract, in accordance with the rules of the trade and in the best possible manner. As with any act of communication or marketing, the recommendations and messages produced by are intended to promote an activity to a target audience, not to guarantee subsequent sales. Consequently, the company will be bound by an obligation of means and not of result, subject to the conditions set out in article 4 of the Specific Conditions.

The company reserves the right, without notice or compensation, to subcontract all or part of the services to a third party. The company undertakes to respect the confidentiality of the Customer's data, of the means implemented for the Customer and of the information transmitted to it by the Customer, as provided for in article 3 of the Contract.

4.3 - Liability

Except in the case of serious misconduct for which it is directly responsible, cannot be held liable for any direct or indirect damage caused by the services delivered. declines all responsibility in the event of blocking or hacking of the advertising account or website, harassment, bad comments on advertisements. The customer remains responsible for his brand and the information and resources he makes available to .

The company declines all responsibility in the event of piracy of the advertising account or credit card. Piracy is an inherent risk in the provision of services such as online advertising. The company shall under no circumstances be held responsible for any costs incurred by the Customer as a result of such a situation.

The company declines all responsibility if its advice is not followed and the Customer requests an increase in the advertising budget over a short period in order to influence, for example, the rate of webinar registrations or conversions.

A drastic increase in the advertising budget may influence the platform's algorithm. The company cannot be held responsible for this request made by the customer. Under no circumstances can the company be held responsible for an advertising expense greater than that initially expected to manage the Customer's advertising account. The company declines all responsibility for unforeseen expenses. The company is only bound by an obligation of means, subject to the conditions and guarantees set out in the Contract.

Article 5 - Validation of deliverables

5.1 - Deliverables

The Customer shall not be required to validate all of the content or steps required to complete the project.

5.2 - Reference persons

In order to do so, the Customer agrees to give a mandate and full validation power to the members of its team who communicate with the company . In this respect, the company considers that the person with whom it communicates on a weekly basis is the Customer's principal and has full power to make strategic decisions and contracts. The company cannot be held responsible for any delay or decision made by a member of the Customer's team.

Article 6 - Right of publicity

The Customer agrees that may use and promote, as "customer references", the work it has carried out for the Customer within the framework of its mission in documents and tools presenting its activity, such as its commercial documents, brochures, Internet site, as well as at events and trade shows in which it will participate. These conditions are valid unless the Customer expressly requests otherwise.

Article 7 - Disputes and complaints

The Customer may make complaints about the service rendered. Any complaint or dispute on the part of the Customer must be brought to the attention of the company no later than 7 days after the event giving rise to the complaint or dispute, under penalty of forfeiture. In the event of dissatisfaction on the part of the Customer, the latter shall contact the company Register on Slack and by e-mail so that an amicable solution may be sought.

Article 8 - Force majeure

The company cannot be held responsible for a deadline not met due to force majeure, such as in particular in the event of illness, accident, death, fire, water damage, flood, earthquake, theft of equipment, attack, accident, war or civil war, nuclear incident or any other fact or circumstance having an external cause or attributable to a third party, unavoidable, preventing the company

In this case, performance of the Contract will be suspended for a period equal to that of the force majeure. If the case of force majeure lasts for more than two months, either party may terminate the Contract without being liable for any damages, provided that it informs the other party in writing on Slack and by e-mail to [email protected] as soon as possible.

Article 9 - Incapacity for work and absence from work

9.1 - Absences and leave

The company will notify the Customer in writing of any absence or leave of absence that may affect the performance of the service ordered by the Customer.

9.2 - Inability to work

In the event of incapacity for work, due to illness or accident, the company Register reserves the right to modify the current schedule without the Customer being able to demand payment of compensation. It is agreed that the company Register shall notify the Customer from the first working day of its incapacity.

Article 10 - Intellectual property and exploitation rights

Register grants to Customer, and Customer accepts, an unlimited, unrestricted, royalty-free, fully paid-up, worldwide, non-exclusive right and license to the Work Product and all proprietary rights therein or based thereon. Register shall cooperate with Customer or its representatives and execute all documents prepared by Customer to affect the foregoing.

Such execution shall not give rise to any additional remuneration for Register , provided however that the Customer shall reimburse Register for reasonable costs incurred. As part of the support and in the months that follow, the Customer may be asked by Register to produce or participate in the production of videos, photographs, customer testimonials, case studies, interviews or other media involving the Customer's image.

To this end, the Customer acknowledges that he/she freely participates in these productions and that he/she is informed that these media are intended for promotional purposes for the support or services of Register in general. The Customer acknowledges that he/she authorizes the Service Provider to freely reproduce and use his/her image, as long as it is neither defamatory nor misleading, in all countries of the world and for an unlimited period of time. This use is valid on all tangible and intangible media, in all formats known or unknown to date, and in particular, without this list being exhaustive: Internet sites, YouTube channels, Podcasts, Blogs, social networks, paper media...

This authorization includes the possibility for Register to make any modifications, adaptations or deletions to the Customer's image that it deems necessary to preserve confidentiality, if expressly requested by the Customer.

This being the case, Register agrees that its work product and the results obtained may be disseminated in the context of statistics sharing or for case study purposes. If the Client does not wish to disclose its identity or that of its program, products, etc., Register

will only disseminate the statistical data that is the fruit of its work. The customer has the option of refusing the sharing of statistical data and will indicate this refusal via Slack and by e-mail to the e-mail address [email protected] .

Lexicon :

Online advertising campaigns: refers to any action aimed at promoting a product, service (economy), brand or organization to a group of Internet and/or mobile users, through the use of advertising platforms such as Google Ads, Facebook Ads, Pinterest Ads, TikTok Ads, LinkedIn Ads, Snapchat Ads in return for payment.

SaaS software: a SaaS solution (Software as a Service) is an application software solution hosted in the cloud and operated outside the organization or company by a third party, also known as a service provider.

The SaaS solution is accessible on demand via an Internet connection. Use of the solution is generally billed as a monthly subscription, depending on the number of users. This is all-inclusive, and covers all services subscribed to by the customer. This SaaS software management model means that customers benefit automatically from software updates and new versions.

Specific conditions for Digital Marketing services

Table of contents

Article 1 - Purpose

Article 2 - Digital marketing operations

Article 3 - The mandate

Article 4 - Rights and obligations of Register

Article 5 - Rights and obligations of the Customer

Article 6 - Performance of the service

Terms and Conditions - Digital strategy management

Article 1 - Purpose

The present Specific Conditions apply, without restriction or reservation, to all contracts and digital marketing or consulting services sold by Register . The purpose of these Specific Conditions is to govern the conditions under which the Customer grants Register a mandate to act in its name and on its behalf with advertising service providers and advertising agencies on the Internet or under which the Customer requests a service from Register The present Specific Conditions complete the General Conditions of Sale of Register and are available at the address https://go.australianbobcat.com/cgv (heading "specific conditions") and appended to any Contract concluded between the Customer and Register .

Article 2 - Digital marketing operations

2.1 - Digital marketing operations

Digital marketing operations include: search engine optimization (SEO), search engine advertising (SEA), social media optimization (SMO), social advertising, affiliation, emailing, native ads, co-registration, distribution on marketplaces, distribution on comparators, content marketing, brand content, inbound marketing, marketing automation and all other digital marketing solutions. Marketing and digital operations can also be extended to the following areas: website creation and landing pages, web analytics, customer journey and conversion optimization (CRO), AB-Testing.

Marketing and digital operations generally consist of investing a budget allocated by the Customer, over a given period, in a medium or a set of media to achieve objectives. The budget, period, media and objectives are defined by Register , in agreement with the Customer. Register undertakes to respect the budget and the period, and within this limit, to do its utmost to achieve the objectives. The deployment of resources is at the discretion of Register over the agreed period.

2.2 - Introduction, analysis and implementation of the campaign

The company Register will undertake an evaluation of the Customer's website and may submit recommendations to improve the page(s) dedicated to the advertising campaign. The company Register will carry out an analysis of the Customer's advertising account history (if available). The company Register , in collaboration with the Customer, will determine the initial expectations and objectives of the campaign. Register will research and select the keywords, targets and optimizations best suited to the Customer's objectives.

2.3 - Account management and monitoring

The company Register will monitor bids and positioning in order to obtain the expected results. The company Register will submit a regular report to the Customer, which will enable him to know in particular: the number of impressions of his advertisements, the number of clicks made on the advertisements, the total cost of clicks for the campaign, the number of conversions and the costs per conversion.

Article 3 - Mandate

By accepting the Specific Conditions, in accordance with the French law of January 29, 1993, article 1984 of the Civil Code, the Customer grants a mandate to Register to purchase or reserve advertising campaigns on its behalf with its partners. This mandate is established for a duration predefined with the Customer on the Contract, and in this case the media will be informed of any modification or termination of the mandate. The Customer entrusts the company Register with the mandate to purchase or reserve advertising space on its behalf from advertising service providers for a monthly budget that it defines and modifies when it wishes by simple Slack message to the company Register . The Customer expressly acknowledges that the approval of proposals from service providers and advertising agencies or the setting of prices for advertising auctions in its name and on its behalf by the company Register , engages the responsibility of the Customer.

The latter will pay the invoices directly to the advertising service providers or agencies concerned. The Customer expressly acknowledges that the company Register is acting on its behalf as an agent. The company Register is not jointly and severally liable with the Customer for the payment of the purchase of space due to its legal status as an agent or for the amount to be paid in the event of piracy of the advertising account. The company Register reserves the right to refuse a request for service without having to justify the reasons for its choice. The Customer undertakes to set up a management delegation to Register for the accounts of each Internet advertising service provider required for the proper execution of the mandate. This includes, but is not limited to, Google Ads, Bing Ads, TikTok Ads and the Customer's Facebook, Facebook Ads and Facebook Manager advertising accounts.

Should the Customer fail to carry out these delegations, Register shall not be obliged to perform the services. The Customer may suspend at any time the delegations set up for the benefit of Register , without this calling into question the invoicing terms set out in the Contract and in the General Terms and Conditions of Sale. In the event that the Customer suspends one of the delegations set up, it undertakes to notify the Register company by Slack or e-mail to the address [email protected]

Register [email protected]'s keyword campaign matrices, targeting and budget optimization are and remain its exclusive property.

Article 4 - Rights and obligations of the company Register

The company Register undertakes to advise the Customer in order to best meet his needs.Should the Customer's needs change during the performance of the service, the company Register Should this be refused, Register will simply carry out the service as initially agreed by the Parties under the terms of the Contract. The analysis tools and calculation methods used to measure the performance of the actions implemented are determined by Register .

The company Register shall not be held liable for any material or immaterial damage, whatever the cause, except in the case of gross negligence in the performance of its obligation of means.In accordance with good practice, the company Register Register will do everything in its power to achieve the objectives defined in the takeover process, which will be recorded in the same way as all strategic meetings, while respecting the constraints set.Register declines all responsibility for any loss or damage, whether material or immaterial, whatever the cause, except in the case of gross negligence in the performance of its obligation of means.

Article 5 - Customer's rights and obligations

5.1 - Rights and obligations

Register requests the Customer's full assistance in defining his needs and wishes in detail, so that all the issues raised are shared by all those involved.The Customer undertakes not to contest the analysis tools and calculation methods used by Register The Customer undertakes not to carry out any marketing or digital actions other than those entrusted to Register without first consulting Register . The Customer is solely responsible for the information (texts, images, ....) published on the media created by the company Register and for any non-performance of its obligations.

Register cannot be held liable in this respect. With respect to third parties, the Customer shall be personally liable for any claim. The company Register is bound by an obligation of means and under no circumstances by an obligation of results. In particular, the Client acknowledges and attests that the distribution of advertisements may depend on several factors beyond the control of Register . The company Register is not responsible for modifications to the size/format of the Customer's advertisements, as these are subject to modifications beyond the control of the company Register .

Le Client accordera à la société Register l’accès à l’administration de ses comptes publicitaires et conférera à la société Register le privilège exclusif d’administration.Le Client s’engage à adresser exclusivement à la société Register les informations reçues concernant les campagnes publicitaires en cours.

The company Register cannot be held responsible for any modifications made to a campaign by the Client or third parties which could negatively affect the results of said campaign. If the Client or any other person makes modifications to a campaign without the knowledge or approval of the company Register , this could have a negative effect on the results of said campaign. If the Client cuts off Register 's access to the platform allowing verification of the identity of the person who carried out the last manipulations on the advertising account, there will be an irrebuttable presumption of responsibility on the part of the Client and Register declines all responsibility and may claim damages. The Customer undertakes not to perform or allow a third party to perform any of the following acts: generate fraudulent or incorrect impressions or clicks on any advertising of the Customer or of a third party, by any means whatsoever, in particular by technical means, infringe the rights of third parties in any way whatsoever, in particular by asking the Customer to use a trade name, domain name or trademark of a third party in the advertising messages, unless the content of this site is relevant, formulate instructions to the campaign manager which would result in the display, on the same results page, of several advertisements leading to the same site or to similar sites. The Customer may not contact another company for the same services during the term of the Contract.

5.2 - Specific rights and obligations

In the case of advertising on the Google search engine or its partners or on Facebook or its partners, the Customer submits to the obligations of Google, Facebook and agrees to be bound by the requirements of Google/Facebook Ads:

https://support.google.com/adwordspolicy

as well as the requirements of Facebook Ads:

https://www.facebook.com/policies/ads/

, TikTok:

https://ads.tiktok.com/help/article?aid=9552

, Snapchat Ads:

https://snap.com/fr-FR/ad-policies

, Pinterest Ads:

https://policy.pinterest.com/en/advertising-guidelines

, LinkedIn Ads:

https://www.linkedin.com/help/linkedin/answer/a414962/advertising-guidelines?lang=en

The Customer remains responsible for his content and Register cannot be held responsible in the event of blocking or suspension of an account on one of the platforms. If any blocking occurs, the service will be paused in accordance with the conditions set out in the Contract. The company Register will do everything necessary to display the advertisements on Google and/or Facebook. However, the company Register does not guarantee: the effective distribution, display or positioning of advertisements as well as the distribution time of any advertisement, the number of impressions, distributions, conversions or clicks of any advertisement, whether it is distributed on a Partner Support, on u

5.3 - Compliance with payment terms

The customer undertakes to comply with the terms of payment and to pay the amount due as defined by the offer chosen and mentioned in the contract.

Article 6 - Performance of the service

6.1 - Commencement

The mission entrusted by the Customer to Register shall commence upon signature of the Contract and execution of the terms and conditions set forth therein, in addition to payment of the corresponding amount.The completion deadlines appear as an indication in the Contract signed by the Customer: they are indicative only and in no way engage the responsibility of Register .

6.2 - Progress As and when the implementation actions are carried out, the company Register will inform the Customer. At intervals agreed with the Customer, the company Register will send a detailed report of the actions carried out. For advertising account management services, Register will send a report to the Customer at a frequency agreed with him at the time of the order. The Customer may consult the progress of his advertising campaign on his advertising account, to which he retains access.

LEXICON :

Landing Pages: The landing page, also known as the landing page or destination page, refers to the page on which an Internet user arrives after clicking on a link (commercial link, email link, link linked to an advertising banner, etc.).Statistical analysis known as Web Analytics: The measurement, collection, analysis and reporting of Internet data enabling us to understand and optimize web usage.

Conversion Rate Optimization (CRO): Conversion Rate Optimization is a set of techniques designed to optimize the conversion rate of visitors into prospects, and then into customers.

AB-Testing: AB testing is a scientific method of comparing two versions of a web page - A and B - and identifying which achieves the best results.

Onboarding process: Procedure for taking charge of the Customer proposed by Register , consisting of sending all the information required to carry out the Service.