Advertising Agreement

Pi is an advertising platform that combines the power, data and knowledge of thousands of Subject Matter Experts from every industry into one powerful platform that in turn will bid on your behalf across a number of advertising platforms and channels primarily Google Adwords.

1. Your use of the Pi platform is subject to all of the terms of this Agreement. We (Pi r2) may change Pi at any time to add, remove, or modify: a. advertising features; or b. the network of participating websites on which ads and search results are published; or c. the campaigns, content, graphics, keywords, landing pages, ad copy, and any ad features; or d. communication and tracking systems including (but not limited to) phone numbers, email, chat systems and lead generation forms
2. Content Usage. You authorised us to a. reproduce, publicly perform, publicly display, and transmit the advertising materials and feed data you provide to us in connection with this Agreement “Content” on any products, web sites, applications, software, and services developed primarily by Google, and b. reformat, edit, modify, aggregate, and create derivative works of Content for display publicly.
3. Payments.  a. You will pay all charges incurred in connection with your account using Pi’s automatic payment system. b. An initial “Credit” payment is required to begin, then the automatic system will charge your card when you reach your “Billing Threshold”amount. c. Campaign Setup Fees must be paid prior to the commencement of your campaign.
4. Payment Disputes. a.You must dispute charges within 14 (fourteen) days following the date on which such charge was posted to your account. B. All disputes must be made via email to admin@pir2.com.au with the subject heading: “Payment Dispute”. c.  Pi r2 may choose to provide evidence in any form to show reasoning of the charge in dispute. 
5. No Refunds. We will not issue refunds under any circumstances. Any unused Credit must be used within 12 months of payment for Pi, or any other Pi r2 product or service.
6. Taxes. Neither of us is liable for any taxes the other is obligated to pay. You will pay any sales, value added, stamp, or similar taxes that are permitted to be collected under applicable law including but not limited to GST. GST is charged on top of all stated charges. Pi r2 will not collect any taxes covered by a valid exemption certificate that you provide to us. 
7. No Warranties; Limitation of Liability. We make no representations about the quality or availability of Pi or anything else and exclude all warranties and guarantees (express, implied, statutory, or otherwise, including those of merchantability, fitness for a particular purpose, non-infringement, and workmanlike effort) to the greatest extent allowed under applicable law. You use Pi entirely at your own risk. All aspects of our performance and services are “as is,” “with all faults,” and “as available.” To the greatest extent allowed under applicable law, neither party is liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages related to this Agreement (including for loss of data or profits), foreseeable or not, regardless of the theory of liability.
8. Indemnity. You will defend and indemnify us (and our directors, officers, employees, affiliates, and agents) from and against all claims, demands, suits, or other assertions of rights by any third party (including, if you are a Company entering into this Agreement on behalf of an Advertiser, the Advertiser), and all resulting judgments, settlements, and expenses (including attorneys’ fees and costs), that arise out of or relate to Content, your use of Pi, or your breach of any term of this Agreement.
9. Term and Limitation of Remedies. This Agreement begins when you accept it and continues until terminated on written notice pursuant to Section 9 of this Agreement. Either party may terminate this Agreement, and your participation in Pi, at any time, for any or no reason, within 14 days of written notice. Section 3 through Section 13, as well as your warranty, survive termination. The Pi platform can be paused, suspended or stopped without notice and without reason.
10. Notices. We may send you notices via the email address you gave us. Notices emailed to you are deemed given when sent. We will notify you of changes to the Pi Advertising Agreement by posting the change to the terms on the Pi r2 website (www.pir2.com.au). If you want to notify us, you must send an email to: admin@pir2.com.au title LEGAL NOTICE.
11. General. Each party is an independent contractor to the other and has no authority to act on behalf of or bind the other, and this Agreement does not create another relationship (e.g., employment, partnership, agency, or franchise). Failure to enforce any part of this Agreement is not a waiver. You will not assign this Agreement either in whole or part without our consent, and any assignment in violation of this Section 10 is null and void. Subject to the foregoing, this Agreement will bind and benefit the parties’ successors and lawful assigns. If a court or arbitrator holds that we can’t enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won’t change. All rights and remedies under this Agreement are cumulative. This Agreement is the parties’ entire agreement on this subject, merges all prior and contemporaneous communications, and supersedes all prior agreements between the parties regarding this subject.
12. Other Interested Parties. The Pi platform and its customers (you) are both bound by the Terms & Conditions set out by Google Ads and by Microsoft Advertising. By agreeing to our terms, you are also accepting and agreeing to the terms and conditions of Google Ads and Microsoft Advertising as set out on the websites.
13. This agreement is governed by the laws of New South Wales – Australia.
14. Definitions: 
    1. Agreed Daily Budget:  The Agreed Daily Budget is the amount we enter into the Pi platform as an AVERAGE spend per day at the end of each calendar month. The Pi platforms intelligence and market volatility of the marketing platforms such as Google Ads dictate the Actual Amount Spent. This means it is you must expect the system will be volatile throughout the month but generally will average out to roughly the Agreed Daily Budget at the end of the calendar month.  
    2. Pi r2 only where at the end of a calendar month: a. there is a major discrepancy between the average Actual Amount Spent daily spent and the Agreed Daily Budget. b. This does not apply in any circumstances where you have requested any budget/campaign changes throughout a calendar month, and or have not been advertising on the Pi platform for a full calendar month.
    3. WARNING: There is always an underlying risk that the Actual Amount Spent on any day can be excessive and charged without notice. By signing these terms and conditions, you are explicitly agreeing that in the rare scenario that a hefty Actual Amount Spent is charged to your default payment method, that you waive your rights to charge back or otherwise claim such funds.
    4. Credit: A payment of fourteen (14) times the agreed daily budget or $2000+ GST whichever is greater, is required in the account at all times. This ensures that your account never goes into negative and your ads therefore will not be turned off as a result of a negative account balance.
    5. Billing Threshold: This threshold dictates when the platform will automatically charge your stored credit card. The billing threshold is set to seven (7) times the Agreed Daily Budget. EXAMPLE:John’s Agreed Daily Budget is set to a total of $1000 across all campaigns. John pays an initial Credit of $14000 (14 times the Agreed Daily Budget). Once John’s Campaigns have spent 7 times the Agreed Daily Budget or more (let’s say $7230), John is charged the required amount to bring the Credit back up to $14,000; in this case $7230.
    6. Reporting and Statements: At the end of each month, a statement detailing 
    7. Communication Services: All communication services such as phone line, phone minute consumption, sms, chat subscriptions and the like are not included in the charges above, and may be invoiced separately.
    8. Landing Pages: All landing pages associated with this platform remain the property and copyright of Pi r2. 
    9. Setup Fees: All setup fees must be paid after the “Trial Campaign” at the rate set out in the fee schedule.
    10. Payment Methods: VISA, MASTERCARD or AMEX for a flat rate of 1.65%

Thanks for reading, we are excited to work with you.

[xyz-ips snippet=”Commbank-Simplify—Modal-for-Token”]