Our Services

1. We will deliver the services you have selected and as indicated in this Agreement (“Services”) and you agree to pay the applicable fees.

2. We will provide you with access to a performance dashboard. Reports and enquiry information will be provided monthly, during the first week of each month.

What we require from you

You agree to the following responsibilities:

1. to provide access to all relevant information in order to build the campaigns; active and inactive patient database, fully patient database revenue reports

2. to participate in scheduled calls with your account manager during the initial months of the campaign;

3. to ensure patients can book in within a reasonable time frame, by opening up more appointment times if needed

4. to follow up Treatment Plans to improve treatment plan acceptance rate; and

5. Provide true and accurate cash collected data from your practice management system (patients may also be phoned by DMA to verify cash collected amounts is accurate if needed).

Advertising budgets and related costs

1. All advertising expenses are paid by us directly to one or more of the following media platforms: Google, Facebook, Instagram, Tiktok. We are responsible for the payment of any advertising fees for your campaigns.

2. All sms expenses are paid by us for 3rd party charges

Fees

1. You agree to pay the fees specified in the Schedule and this Agreement for the Services you have selected.

2. In respect of the ‘Performance Fee’ for the Smile Makeover Webinar Package’:

3. A 16% marketing & performance fee in this case is defined as any revenue or cash collected from patients that we directly contributed (as defined by tracking within our software or from your patient database revenue report) to generating for the client, and will last a total of 6 months for each patient, at which point 100% of all future revenue goes to the client.

4. Revenue Data Provision - The Client shall provide accurate practice revenue data within 5 business days from the first day of every month for the services rendered by the Service Provider. 

5. Failure to do so will result in the Service Provider invoicing the Client at the rate of $3,500. 

6. If the Client provides accurate revenue data after the standard rate has been billed, the Service Provider will adjust the billing to match the original performance agreement. However, an extra fee of $200 will be imposed on the Client for the delayed provision of practice revenue data and additional work undertaken.

7. Due to inflation and increasing business costs all fees paid to DMA will increase by 10% annually on the 1st of January (excluding performance fee).

8. If you wish to add additional services that fall outside the 16% performance fee, this will be billed at an agreed rate. You will be notified and must approve via email before we start work.
   

Invoicing & payment

1. The fixed fee invoiced amounts will be deducted from the Client’s payment method on file, on the first of each month. All Performance Fees will be calculated within the first 5 business day of each month for all commissions from the previous months and will be deducted from your payment method on file each month;

2. All invoices under this Agreement are payable within 7 business days of the date of invoice.

3. We reserve the right to charge you interest daily at an annualised rate of 10% on any overdue fees or expenses from the day after payment is due.

4. You indemnify us for all costs and expenses (including legal expenses and any other third-party costs) we incur in seeking to recover unpaid amounts.

5. If you cancel any credit card payments or a payment is declined, we may terminate this agreement immediately, and we reserve the right to dispute such non-payment and pursue you for all amounts owed to us for Services already performed but unpaid and regardless of the outcome of the outcome of any cancellation dispute.
   

Your subscription term

1. Initial Term and ongoing Term:

2. the Agreement will continue on a month to month basis until terminated by either party on 30 days written notice, via the below form. 

3. Break Fees:

4. If the Client cancels the agreement:

5. you will be invoiced the balance of all fees that would have otherwise been payable by you under this Agreement.

6. In the event that the client ceases to provide revenue details for patients generated by our services, then an invoice of $70 per day will be generated and payable for a period of 6 months following the generation of the last patient details. Alternatively new patient revenue data can be provided each month till the remainder of the 6 months.

7. Additional termination obligations and rights:

8. All termination requests must be made by booking a Strategy Session and strategise with your senior account manager the current challenges, why you would like to terminate, and the different solutions and how and when to implement them, and if you would still like to cancel then you must submit your 30 days notice via the Request to Cancel form https://msgsndr.com/widget/survey/1TD69CbubXuxJeWxr9eC

9. Fees apply unless/until the Client has submitted both the above: an official request to book a strategy session and then complete the form.

10. All fees and expenses payable to us as at the termination date will be due immediately and will be automatically charged to your payment method on file.

11. We do not provide refunds or credits, unless otherwise specified in this Agreement. 

12. On termination, we will immediately pause all campaigns, release all tracking numbers, unpublish all landing pages and your data will be removed from the reporting dashboard. Please make sure you download any reports you require prior to the cancellation date.

13. Non-payment:

14. Despite any other clause in this Agreement and without limiting any of our other rights, we will discontinue our service, and consider canceled, any account that has any outstanding invoices past due by more than 21 days.​
    

Communication & support

1. Our Client Support team is available from 9am to 5pm, Monday to Friday, Sydney/Melbourne Time Zone.

2. Our Services include Phone Support via Zoom and Email Support: support@dentalmarketingaustralia.com.au

3. this is our way of assisting our clients with quick, simple requests. If we receive excessive emails or ones which requires a lengthy response, we might rather suggest a scheduled support call.

4. Online booking calendar, (link will be provided in onboarding), please note all calls need to be scheduled.

5. When you submit a support enquiry, we will endeavor to respond within 12-24 hours during business hours. Resolution may take longer depending on the issue.

6. We request you appoint a single contact to handle all communication with us. 

7. All Campaign update requests must be submitted via the ‘Request to Update Campaigns’ form:

8. https://dentalmarketingaustralia.typeform.com/to/Cny9Ek

9. If we determine in our discretion a requested change is not in the best interest of the account, we will not fulfill the request and inform you.

10. Updates are actioned within 3-7 business days depending on the scope. Please phone or email for urgent requests, charges may apply.

11. Connectivity Issues: The Company will troubleshoot connectivity issues within reason. We cannot troubleshoot third-party software and services (ie. client answering service causing an issue with connection) and will place you in touch directly with the 3rd party to troubleshoot in order to provide the quickest resolution.

12. Spam Calls: Anytime call tracking is utilised there is a chance that spam calls may occur. We do not charge for these calls and these calls are not associated with clicks or click fees, as such no refunds are issued for Spam calls. Spam calls can be reported to us to block or develop a workaround.
    

Google & Facebook policies

1. You acknowledge that specific Google and Facebook policies apply at all times and that we do not control the application of these policies. 

2. Account is Down due to payment method: Google and Facebook will stop running ads in account if there is an issue with the payment method on file. The account will also be flagged and in breach of the advertising platforms terms and conditions and may be deactivated. The company is not responsible for or able to resolve billing issues. 

3. Account Under Review: Google and facebook may, at its discretion, place any account “under review”. During this period (typically 1 to 3 business days) ads will not be eligible to run. Unfortunately, The company is not able to expedite this process. These reviews are typically related to billing verification and are for the safety of your client.

4. Overspend Policy: One of Google’s Ads policies allows Ads to spend up to 200% of the daily budget each day. This policy in addition to delayed reporting makes it easy to spend over a set daily budget. Although The company has tools in place and makes many adjustments during the course of a month to ensure we stay within the monthly budget, the company is not responsible for overspending up to 20% over account budget because of this policy.

5. Multiple Clients/Single Account: Only one website can be advertised per individual Google Ads account. Any accounts that have multiple web properties being advertised will be broken up into separate accounts and treated as individual Clients for management, reporting and billing purposes.

6. Account or Ads Down Due to Policy Issues: Google and Facebook may stop running ads in an account due to a policy issue with ads, landing page, website, content, service/product restrictions, etc. Their policies are updated frequently and often without announcement. It is also not uncommon for ads to disapproved incorrectly and The company will work with Google or Facebook to resolve. Although extremely uncommon, if we are unable to resolve the policy issue, the company will try it’s best to find an alternative solution such as a new service, platform, landing page, etc. In the event another solution is not available, the company will terminate the client effective immediately.
   

Intellectual Property Rights

1. We may use data, software, designs, utilities, tools, models, systems and other methodologies and know-how (“DMA Methods”) that we own in performing the Services. We retain all intellectual property rights in all materials and documents we provide to you in connection with the Services as well as the DMA Methods (including any improvements or knowledge developed while performing the Services).

2. You acknowledge that campaigns are proprietary to The Company and access to the advertising platforms is limited to The Company only.

3. You agree that we are entitled to use materials created pursuant to this Agreement for our own business purposes including on Facebook or our website, or any other media platform. If you wish to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, you must notify us.

4. You grant us a limited, non-transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any of your trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of a campaign and direct response marketing in accordance with this Agreement.
   

Confidential Information and Privacy

1. We and you agree to keep strictly confidential any information that is disclosed or provided by one of us to the other to the extent that information ought reasonably to be treated as confidential.  However, either of us may disclose information that:

2. is already in the public domain at the time that it is disclosed, or becomes part of the public domain otherwise than because of an unauthorised disclosure by the receiving party; or

3. must be disclosed under applicable law or legal process; or

4. is disclosed as necessary to enforce the receiving party’s rights under this Agreement.
   

Liability

1. To the extent permitted by law, we do not warrant or guarantee any specific level of performance or results. If we disclose results obtained for other clients these are for demonstration purposes only and should not be construed by you as indicating any promised results or level of results. Results of the campaigns will also vary month to month. 

2. You may not recover from us, in contract or tort, under statute or otherwise, any amount with respect to any economic loss, loss of profit, loss or damage to goodwill or reputation, or any indirect or consequential costs, loss or damage in connection with claims arising out of this Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.

3. Nothing in the Agreement operates to exclude any consumer guarantees under the Competition and Consumer Act (2010) (ACL). However, to the fullest extent permitted by the ACL or other law:

4. we both agree to exclude any other terms which would otherwise be implied into the Agreement by the ACL or other law; and

5. our liability for a breach of a condition or warranty implied into the Agreement by the ACL or other law, is limited at our option to supplying the Services again or the payment of the cost of having the Services supplied again.

6. In connection with claims arising out of this Agreement or otherwise relating to the Services, you (and any others for whom Services are provided) may not recover from us, in contract or tort (including negligence), under statute or otherwise, aggregate damages more than the fees paid for the Services.
   

General

1. This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.

2. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.

3. The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.

4. The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of Victoria, Australia. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action will be the courts of Melbourne, Victoria.