This Agreement is between MY BUSINESS PLUS PROVISIONING Pty Ltd (the "Service Provider" or “My Business Plus”), located at 1 Denison Street, North Sydney ( ACN 682 945 839), and the business specified within this Agreement (the "Business"). My Business Plus offers services aimed at enhancing the Business's online presence through the creation, optimisation, and distribution of content. These services are designed to improve the Business’s visibility, but the Service Provider disclaims any guarantee of rankings on search engines or the viral success of content. External factors like search engine algorithms, competition, and user behavior may affect results, and the Service Provider shall not be liable for any specific outcomes related to rankings. This Agreement is governed by the laws of New South Wales, Australia.

Acceptance Test means a demonstration by the Supplier to the Customer that the Services have been completed in all respects with the Functional Specifications.

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended from time to time.

Agreement means this agreement, including all Annexures, Schedules and the Guarantee and Indemnity.

Artificial Intelligence (AI) means the field of technology that uses computers or other technology to do things that have traditionally been done using human intelligence and includes techniques, methods and algorithms designed to imitate human reasoning, learning and decision making in a manner that resembles human intelligence.

Charges means the charges payable by the Customer to the Supplier for the Services, as specified in item 2 of Schedule A to this Agreement.

Commencement Date means the date specified in item 1 of Schedule A to this Agreement.

Confidential Information means information that is by its nature confidential but does not include:

consumer is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if the Customer is a consumer under this Agreement.

Development Services means the development and testing of the Digital Enhancement Plan pursuant to this Agreement, using the methodology and development tools described in the Development Specifications.

Development Stages means the stages specified in the Development Specifications for the interim and final completion of the Digital Enhancement Plan.

Digital Enhancement Plan means the combination of the items listed in Schedule A to this Agreement.

Force Majeure Event means an event that is beyond the reasonable control of a Party, including without limitation, accident, act of God, act of government, act or threat of terrorism or war, breakdown, cyclone, earthquake, epidemic, export/import restriction, fire, flood, hurricane, industrial dispute, lockout, pandemic, quarantine, strike, travel restriction, or tsunami.

Generative AI means any type of AI that can be used to create new text, images, video, audio, code or synthetic data.

GST means:

GST Law means the same as "GST law" in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended.

Guarantee and Indemnity means the Guarantee and Indemnity set out in Schedule B to this Agreement.

Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout, AI or Generative AI rights relevant to, inter alia:

Internet means the world wide connection of computer networks providing for the transmittal of electronic mail, online information, information retrieval and file transfer protocol.

Maintenance & Ongoing Services means all Services relevant, inter alia, to:

Moral Right means:

which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this Agreement.

Party means a party to this Agreement, and Parties means both parties to this Agreement.

Relevant Laws means, in relation to a Party, any law, regulation or mandatory standard bearing on that Party or its activities, obligations and rights under this Agreement.

Services means the Development Services or the Maintenance & Ongoing Services, the combination being the Digital Enhancement Plan as the context dictates and as specified in Schedule A to this Agreement.

Term means from the Commencement Date until the expiry or termination in accordance with this Agreement.

Terminating Event has the meaning given to it in clause 14(b).

Third Party Materials means textual, graphical, audio or like materials, together with any software, which is incorporated into the Digital Enhancement Plan.

Warranty Period means a period of [number] days following acceptance.

World Wide Web means a method of representing and obtaining graphical data and linking data items used by Internet users.

Th Customer will have the following responsibilities:

The Service Provider, My Business Plus, will provide the services outlined in Schedule A, including Google Street View services, in accordance with the terms and timelines specified. However, My Business Plus acts as an independent contractor and is not an employee, agent, or contractor of Google. While My Business Plus is authorized under the Google Street View Trusted Photographer Program to offer Google Street View services, this authorization does not imply any employment or contractor relationship with Google.

The Client acknowledges that Google retains sole discretion regarding the publication, modification, or removal of imagery on its platform. Any decisions made by Google in relation to the display, removal, or non-publication of images are beyond the control of My Business Plus. The Client is responsible for adhering to Google's terms of service, content policies, and any guidelines related to Google Street View or Google Business Listings.

My Business Plus will use reasonable efforts to ensure that all imagery meets Google's technical specifications and requirements, but makes no guarantees regarding Google's approval or ongoing publication of the images. Any issues related to the removal or rejection of images by Google must be resolved directly with Google, and My Business Plus holds no liability for these actions.

Limitation of Liability
My Business Plus is not responsible for any actions taken by Google, including the removal or alteration of any images provided, and shall not be held liable for any resulting impact on the Client’s business or online presence. The Client acknowledges that Google may change its policies, terms of service, or content guidelines at any time, which could affect the publication or visibility of the Client’s imagery. My Business Plus has no control over these changes and is not liable for any penalties, loss of visibility, or adverse effects on search engine rankings.

All costs associated with the scheduling and delivery of Google Street View services, including rescheduling and surcharges for services provided outside of normal business hours, are outlined in Clause 22. Any applicable fees due to rescheduling or delays caused by the Client will be handled in accordance with the terms specified in Clause 22.

By agreeing to these terms, the Client accepts that My Business Plus’s role in providing Google Street View services is limited to creating and uploading the content, and My Business Plus has no responsibility for managing the Client’s Google accounts or for any subsequent changes made by Google.

The Service Provider and the Client agree on the Service Fee as outlined in Schedule A of this Agreement. This fee covers all services listed in Schedule A, including but not limited to Google Street View, video production, Brand Intellect Pro, Structure and Content for Website, Google Business Profile Optimization, NFC Tile for Review Capture and Review Management Platform, and any other digital services specified in Schedule A.

All services provided under this Agreement must be paid for in full upfront before any services will be delivered or commenced, unless specific written arrangements have been made and agreed upon by both parties.

Payments can be made via various methods, including electronic funds transfer (EFT), credit card, or other agreed payment options. Additionally, the Client may choose to utilize a financing facility either referred by My Business Plus or arranged independently by the Client. While My Business Plus can offer information about potential financing facilities, any financing arrangement is strictly between the Client and the finance provider, and My Business Plus is not responsible for the approval, terms, or conditions of any third-party financing facility.

Third-Line Forcing:
In compliance with third-line forcing laws under the Competition and Consumer Act 2010 (Cth), My Business Plus does not and cannot force the Client to use only the financing facilities referred by My Business Plus. The Client is free to use any financing provider they choose. While My Business Plus may offer referral options for financing, the Client is under no obligation to use these specific financing providers, and the Service Provider cannot enforce such conditions as part of this Agreement.

If the Client opts for financing, whether through a third-party provider referred by My Business Plus or an independent finance provider, it is the Client's responsibility to ensure that all payment arrangements are completed and funds are available to the Service Provider before services can begin. Any delay in payment—whether through direct payment or financing—will result in corresponding delays in the commencement or delivery of services and may incur additional fees, as outlined in Clause 22 regarding rescheduling and surcharges.

The Agreement and all services listed in Schedule A will be placed on hold if full payment, whether directly or through financing, is not received upfront. My Business Plus is under no obligation to commence or deliver services until payment in full is confirmed.

The Client acknowledges that My Business Plus will provide all services listed in Schedule A either directly or through the use of subcontractors or third-party service providers. My Business Plus may, at its discretion, engage third-party providers to assist with fulfilling its service obligations where necessary to ensure the quality and timely completion of services.

For any services not offered under this Agreement, the Client may seek alternative providers. My Business Plus may refer the Client to other parties for services outside the scope of this Agreement, but is not responsible for the actions, omissions, or performance of these third-party providers.

Liability Limitation:
While My Business Plus ensures that any subcontractors or third-party providers engaged on its behalf will adhere to the agreed terms and service quality standards, My Business Plus shall not be held liable for any actions, omissions, or deficiencies in services provided by these subcontractors or third-party providers. Any claims or issues arising from third-party services will be subject to the terms and conditions of the third-party provider, and My Business Plus will not be responsible for rectifying or enforcing any disputes related to these services.

The Client is under no obligation to use only My Business Plus for services that are not explicitly included in Schedule A. However, for all services listed in Schedule A, My Business Plus will be the primary provider, either directly or through its selected third-party service providers. This clause limits the liability of My Business Plus to the services it directly provides under this Agreement.

In exchange for the Service Fee, the Service Provider will take photographs and videos of the Business premises, ensuring compliance with Google Street View’s technical and quality requirements. My Business Plus will adhere to all guidelines set forth by Google’s Street View Trusted Photographer Program, ensuring that the images meet the necessary standards for upload and display on Google platforms.

Upon taking the photographs and videos, My Business Plus assigns all ownership rights in these images to the Business. However, the Client acknowledges that while ownership of the images is transferred to them, Google retains certain rights over the images once they are uploaded to its platform, in accordance with Google’s terms of service and content policies. This means that while the Client owns the images, Google has the authority to control their display, modification, or removal from Google Maps, Street View, and other related services.

My Business Plus will upload the images to Google for processing, and they will be subject to Google’s terms of service, which includes Google’s rights to use, modify, display, and distribute the images under its platform policies. The Client acknowledges that Google may change its policies or remove the images at its discretion, and My Business Plus cannot be held liable for any actions taken by Google after the upload is complete.

The Client further agrees that Google’s Street View Content Policies govern the ongoing display of the photographs and videos, and My Business Plus has no control over Google’s decision-making process regarding the continued display of the content. The Client is responsible for adhering to Google’s guidelines and policies in relation to the use of these images on their Google Business Profile or any other Google service.

Should Google remove or modify the images for any reason, My Business Plus is not liable for such actions. The Client acknowledges that the ownership of the images does not extend to control over their use on Google platforms once uploaded. Any disputes or actions taken by Google concerning the imagery are subject to Google’s internal processes and policies, and My Business Plus will not be responsible for enforcing any claims regarding these images once they are under Google’s control.

My Business Plus agrees that the uploading and use of photographs and videos are governed by Google’s and YouTube’s respective terms of service and content policies. The process for uploading photos to Google Street View and videos to YouTube (including Adclipz videos) will follow these platforms' technical requirements and policies.

No guarantees are made by My Business Plus regarding the overall impact on the Business’s online visibility, ranking, or engagement on either Google or YouTube, as these results are subject to external factors beyond the Service Provider's control.

The Brand Intellect Pro service, as included in this Agreement, provides comprehensive brand analytics designed to enhance the Client’s digital presence and competitive positioning in the online market. This service aims to monitor and optimize the Client's brand visibility through data-driven analysis, the Brand AI Assistant, and strategy updates.

The Client agrees to provide My Business Plus with all necessary access to digital assets required for the effective execution of this service. This includes, but is not limited to, website data, social media account credentials, brand-related content, and any other relevant materials. My Business Plus will use this data in combination with publicly available information to deliver the Brand Intellect Pro service effectively.

As part of the Brand Intellect Pro service, My Business Plus may deploy a Brand AI Assistant to assist with tasks such as content recommendations, user engagement, and real-time brand performance insights. The Brand AI Assistant uses data and analytics generated from the Brand Intellect Pro service to provide suggestions and information related to brand performance, online visibility, and marketing strategy.

The Client acknowledges and agrees that:

While My Business Plus strives to ensure the accuracy and effectiveness of all brand-related content, analytics, and Brand AI Assistant-generated suggestions delivered through Brand Intellect Pro, the Client acknowledges that My Business Plus is limited to working with the information provided by the Client and publicly available data. My Business Plus cannot guarantee the absolute accuracy or completeness of the information upon which its analysis, Brand AI Assistant outputs, and recommendations are based.

The Client acknowledges that:

The Brand Intellect Pro service, including the Brand AI Assistant, provides continuous monitoring and optimization to improve the Client's online presence, with periodic updates reflecting changing market conditions, trends, and competitor activities. However, the Client acknowledges that My Business Plus does not guarantee specific outcomes from the use of Brand Intellect Pro or the Brand AI Assistant. Results may vary due to factors outside the control of the Service Provider, including but not limited to:

My Business Plus will not be liable for any losses, damages, or claims arising from the accuracy of the Client's data, publicly available information, or the suggestions generated by the Brand AI Assistant. Additionally, the Service Provider is not responsible for any direct, indirect, or consequential losses incurred as a result of changes in market conditions, search engine rankings, or consumer trends that may impact the effectiveness of the service or the accuracy of the Brand AI Assistant's responses.

The Client understands that all recommendations, insights, and optimization strategies provided through Brand Intellect Pro and the Brand AI Assistant are advisory in nature and based on available data at the time of the analysis or Brand AI Assistant interaction. My Business Plus makes no guarantees regarding future performance or specific business outcomes, including but not limited to search engine rankings, digital traffic, or revenue growth.

By accepting these terms, the Client acknowledges that they are responsible for the implementation of any recommended changes and bear the risk associated with the success or failure of those changes in the competitive online environment.

As part of the services outlined in Schedule A, My Business Plus will perform a detailed content analysis and optimization of the Client’s website to align it with current SEO best practices. This includes optimizing the website's structure, meta tags, keywords, and content to improve user engagement and search engine visibility.

The Client agrees to cooperate by providing updated and accurate content, as well as implementing necessary changes as recommended by My Business Plus. Regular updates to the content structure will be made as required to maintain an optimized online presence.

No Guarantee on Search Engine Rankings:
While My Business Plus will make every effort to enhance the Client’s visibility on search engines through the On-Page Structure and Content Optimization service, the Client acknowledges that My Business Plus does not guarantee specific search engine rankings. Ranking performance is influenced by numerous factors beyond the Service Provider’s control, including search engine algorithms, market dynamics, and competitor actions. However, My Business Plus is committed to using best practices and optimization strategies to provide the Client's brand with the best possible opportunity to be visible and competitive online.

These services are provided solely in accordance with the terms set out in Schedule A, and any additional requests for further optimization or ongoing management must be agreed upon separately.

As part of the services outlined in Schedule A, My Business Plus offers the setup, verification, and management of the Client’s Google Business Profile. This service ensures the accuracy of business information across key directories, optimizing the Client’s online presence to maximize visibility. The Client agrees to provide and update truthful business information as needed.

However, any additional services beyond the scope outlined in Schedule A, such as long-term management or ongoing updates to the Google Business Profile, are not included in this Agreement unless explicitly stated. The Client is responsible for complying with Google's policies related to business listings and directory accuracy.

As part of the services described in Schedule A, My Business Plus will produce Brand and Product Videos in line with the Client’s brand guidelines. This may include Adclipz videos intended for online platforms like YouTube. The Client agrees to provide the necessary assets, materials, and timely feedback to ensure the smooth production and delivery of these videos.

Videos will be uploaded to YouTube in accordance with YouTube’s content policies and terms of service. If the Client does not have an existing YouTube channel, My Business Plus may create one on behalf of the Client. However, My Business Plus makes no guarantees regarding YouTube's acceptance, performance, or policies regarding copyright enforcement, visibility, or content ranking. Once published, the Client will be responsible for the ongoing management of their YouTube channel.

Only the services specified in Schedule A are covered under this Agreement. Any additional video production or management services requested beyond those outlined will incur separate charges.

As detailed in Schedule A, My Business Plus will provide and program an NFC Tile for customer review capture, linking it to the Client’s Google Business Profile. The NFC Tile is exclusively linked to the Business's profile and is not transferable. The purpose of this NFC Tile is to facilitate customers in leaving reviews directly on the Client’s Google Business Profile.

If the Client requires additional services beyond the basic functionality of the NFC Tile—such as ongoing review management, monitoring, or detailed analytics—these services will be billed separately and are not included under this Agreement unless explicitly stated in Schedule A.

Compliance with Review Platforms and ACCC Guidelines:
My Business Plus will adhere to the Australian Competition and Consumer Commission (ACCC) guidelines on online reviews and testimonials. The Client acknowledges that My Business Plus does not solicit, incentivize, or gate reviews (i.e., requesting reviews only from customers who are likely to leave positive feedback or restricting negative reviews). My Business Plus is not responsible for obtaining reviews that violate the policies of Google or other review platforms, nor is it responsible for the legality of review practices that fall outside of the guidelines set by the ACCC.

The ACCC guidelines, as outlined in their “Online Reviews: A guide for businesses and review platforms,” state that businesses must not offer incentives for reviews or attempt to manipulate the review process in any way. The Client agrees to comply with these laws and acknowledges that My Business Plus will not assist in soliciting or managing reviews in ways that violate these guidelines.

Limitation of Liability:
My Business Plus makes no guarantees regarding the quantity, quality, or nature of reviews that may be received through the use of the NFC Tile or any other review capture mechanism. The Client understands that review platforms, such as Google, may have their own policies and content moderation processes that determine how reviews are handled, displayed, or removed. My Business Plus is not liable for any actions taken by these platforms in relation to reviews, including the removal or filtering of reviews.

Furthermore, My Business Plus is not responsible for any legal or regulatory issues that may arise from the Client’s review practices, especially if such practices fall outside the bounds of the ACCC guidelines or the policies of review platforms. The Client acknowledges that it is their responsibility to comply with all applicable laws regarding customer reviews and feedback.

As outlined in Schedule A, My Business Plus will create and post ten (10) pieces of content for the Client’s Google Business Profile. The Client agrees to provide the necessary approvals and any assets needed for content creation in a timely manner.

Any additional posts beyond the ten (10) specified in Schedule A will incur separate charges and must be arranged through a supplemental agreement. Ongoing management of the Google Business Profile or long-term posting services are not included unless clearly specified in Schedule A.

By entering into this Agreement, the Business grants My Business Plus a non-exclusive license to use the photographs and videos produced as part of the services in Schedule A for portfolio samples, marketing, and promotional purposes, unless otherwise agreed upon in writing by both parties. This includes images and videos published on platforms such as Google Street View and YouTube under Google’s and YouTube’s content policies.

Only the services explicitly outlined in Schedule A make up the entirety of the service obligations under this Agreement. Any additional requests or modifications beyond Schedule A will require a separate agreement and may incur additional fees.

The services provided in this Agreement are strictly limited to those listed in Schedule A. My Business Plus does not guarantee or offer warranties beyond the scope of Schedule A and is not responsible for any changes or decisions made by third-party platforms such as Google or YouTube after the services are delivered.

By signing this Agreement, the Business agrees to the terms and payment conditions. Should the Business cancel services prior to their commencement, a minimum 30% cancellation fee will apply. If the services have been scheduled but not delivered, the cancellation fee increases to 50% of the total agreement value.

In addition to the services listed in Schedule A, the following terms specifically apply to Google Street View services:

Upon signing this Agreement, the Service Provider will confirm and reserve a mutually agreed-upon time and date to provide the Google Street View services. All Service Fees for Google Street View services are nonrefundable unless otherwise specified in this Agreement, or unless My Business Plus agrees, at its sole discretion, to permit a rescheduling of the services.

If the scheduled time for Google Street View services is not acceptable to the Client, My Business Plus will allow up to two reschedules at no additional charge. My Business Plus communicates via the provided email and, occasionally, through SMS or phone. It is the Client’s responsibility to monitor these communications to be aware of appointment details.

If the Client requests a reschedule within 7 working days of the set appointment, or if the Client fails to notice the communication and the Service Provider attends the appointment, a service fee of no less than $130.00 ex GST will be added to the Agreement. This fee must be paid within the terms provided in the invoice. Until this amount is paid in full, the Agreement will be placed on hold, and the Google Street View service will not be rescheduled.

Google Street View services will be provided during normal business hours between 9:00 AM and 5:00 PM, Monday to Friday. Any services required outside of these hours will be at the discretion of the Service Provider and may incur additional charges, including:

The Client acknowledges these charges and agrees to pay any applicable fees for services rendered outside of normal business hours in relation to the Google Street View services.

My Business Plus will make all reasonable efforts to ensure that the images captured for Google Street View comply with Google's technical specifications and policies. This includes submitting the images in accordance with Google Street View's Trusted Photographer Program guidelines. However, My Business Plus makes no guarantees that Google will approve, publish, or retain the images, as all content is subject to Google’s internal policies and review processes.

The Client acknowledges that Google may, at its discretion, remove, reject, or modify the images at any time. Reasons for removal or rejection may include, but are not limited to, violations of Google’s content policies, technical issues, or changes in Google's platform requirements. My Business Plus is not liable for any actions taken by Google and has no control over Google’s decisions regarding the publishing or retention of the images on Google Street View.

No refunds will be issued if Google removes or rejects the imagery for any reason. The Client agrees that once the images have been submitted to Google and services rendered by My Business Plus, the Service Provider has fulfilled its contractual obligations, and the Client is not entitled to any refund or compensation based on Google's actions.

If the images are removed or rejected after a period of three (3) months, the Client may request a re-publication of the 360-degree tour, which will be subject to an additional charge. The re-publication process will require My Business Plus to revisit the site, recapture images, and resubmit them for Google’s approval, all of which will incur costs for the Client.

My Business Plus is not responsible for monitoring the images once they are live on Google’s platform and cannot guarantee the long-term visibility or display of the images due to factors controlled solely by Google. Any issues or disputes regarding the content’s removal or modification must be addressed by the Client directly with Google, and My Business Plus will not provide refunds or compensation for services already rendered, regardless of Google's decision regarding the images.

The Client further acknowledges that the Google Street View Terms of Service and Content Policy govern the use and display of all imagery uploaded to Google, and that My Business Plus cannot alter or influence these terms. Should Google update its policies or change the way it handles content, My Business Plus bears no liability for any resultant impacts on the Client’s business or the display of the images.

The Service Provider, My Business Plus, maintains comprehensive general liability insurance coverage for all activities conducted on the Business’s premises in connection with the services outlined in Schedule A. This insurance provides protection for any incidents or damages directly attributable to the actions of My Business Plus or its personnel while performing services at the Business’s location.

However, the Client acknowledges and agrees that My Business Plus’s liability is strictly limited to the coverage provided under this general liability insurance. My Business Plus is not liable for any incidents, accidents, injuries, property damage, or other claims that fall outside the scope of this insurance policy.

The insurance coverage does not extend to:

The Client is responsible for ensuring that their premises and business operations are adequately insured beyond the scope of My Business Plus's general liability coverage. My Business Plus’s insurance is strictly limited to liabilities that arise directly from its services and actions, and the Client acknowledges that it may need to seek additional coverage to protect its business against risks that are not covered under this Agreement.Clause

This Agreement and all associated documents, communications, and information exchanged between the Client and My Business Plus are deemed strictly confidential. Neither party shall disclose the contents of this Agreement, including but not limited to pricing, service details, business strategies, proprietary methods, or any other confidential information, to any third party without the express written consent of the other party, except in the following circumstances:

Confidentiality obligations shall survive the termination of this Agreement, remaining in effect indefinitely unless otherwise stated in writing. The receiving party agrees to take all reasonable steps to protect the confidentiality of the disclosed information and ensure that it is not used for any purpose other than fulfilling the obligations of this Agreement.

In the event of a breach of confidentiality by either party, the non-breaching party shall have the right to seek immediate injunctive relief or other legal remedies to prevent further unauthorized disclosure, in addition to any other remedies available under law or equity. The breaching party may be liable for any damages arising from unauthorized disclosure, including but not limited to direct and consequential losses.

The Service Provider makes no warranties, express or implied, regarding the results of any services provided under this Agreement, as outlined in Schedule A, including but not limited to search engine rankings, online visibility, or overall performance. My Business Plus does not guarantee that the Client's business will achieve specific rankings on search engines or avoid penalties imposed by search engines such as Google. The Client acknowledges that search engine algorithms, online platform policies, and market conditions are beyond the control of My Business Plus and may change, potentially affecting the visibility or ranking of the Client's business.

While My Business Plus will make reasonable efforts to provide services and content as specified in Schedule A, designed to give the Client's brand the best opportunity to be visible online, the Service Provider cannot guarantee specific outcomes. Additionally, My Business Plus is not responsible for any penalties, visibility loss, or negative impacts that may result from search engine algorithm updates, changes in search engine policies, or third-party platform actions.

Furthermore, My Business Plus shall not be liable for any changes made by Google, YouTube, or other platforms that may affect the display, ranking, or accessibility of the Business's imagery, content, or accounts. My Business Plus is also not responsible for ongoing monitoring, maintenance, or management of any online listings or accounts—including Google Business Profile, YouTube, or other platforms—once the services outlined in Schedule A have been completed and delivered.

The Client understands and agrees that these disclaimers apply to all services provided under this Agreement, as specified in Schedule A.

The Service Provider will correspond with the Client through the contact details provided in this Agreement. All services listed in Schedule A will be delivered according to the timelines and conditions outlined within Schedule A.

Ongoing content and services provided by My Business Plus, as specified in Schedule A, will be fulfilled in accordance with the individual delivery timelines for each service. My Business Plus will make reasonable efforts to adhere to these timelines and will keep the Client informed of any changes to the delivery schedule.

If the Client does not have an existing YouTube channel, My Business Plus will create one for the Client to publish Adclipz videos, as stipulated in Schedule A. However, My Business Plus makes no guarantees regarding the YouTube channel’s performance, compliance with YouTube’s content policies, or the copyright status of the imagery and videos.

YouTube Disclaimer:
The Client acknowledges that YouTube operates under its own content policies and copyright enforcement procedures. My Business Plus is not responsible for any actions taken by YouTube, including but not limited to the removal of videos, copyright strikes, or the suspension or banning of the Client’s YouTube account. Furthermore, My Business Plus will not manage or monitor the Client’s YouTube channel beyond the initial setup and video upload. Should any issues arise with the YouTube channel, such as copyright claims or account suspension, it will be the Client’s responsibility to manage or resolve these issues directly with YouTube.

Refund and Delivery Terms:
The Client acknowledges that no refunds will be provided under this Agreement. If the Client fails to accept or utilize the scheduled services as per Schedule A within 90 days of signing this Agreement, My Business Plus reserves the right to retain the full contract value. No portion of the payment will be refunded if the Client chooses not to proceed with or use the services after signing the Agreement.

All services will be provided in accordance with the specific terms, timelines, and conditions outlined in Schedule A, and any updates to the delivery of services will be communicated to the Client.

The Client acknowledges that any text, images, videos, voices, AI-generated content, or other materials provided to My Business Plus for use in the services outlined in this Agreement are submitted with the understanding that the Client either owns the copyright or has obtained the necessary permissions or licenses to use such material, including permission for the use of voices, likenesses, and other personally identifiable content. My Business Plus does not independently verify the ownership or copyright status of materials provided by the Client.

Under the Copyright Act 1968 (Cth), the Client is responsible for ensuring that any materials provided, including but not limited to text, images, videos, AI-generated content, cloned voices, and likenesses of individuals, do not infringe upon the copyright, intellectual property rights, or privacy rights of any third party. The Client must also ensure compliance with Privacy Act 1988 (Cth) and relevant state privacy legislation in New South Wales and Australia.

The Client specifically acknowledges that:

The Client indemnifies My Business Plus against any claims, liabilities, damages, or expenses arising from the use of such materials, including but not limited to claims of copyright infringement, violation of privacy rights, or misuse of personal information. The Client assumes full responsibility for any claims made by third parties regarding unauthorized use of voices, images, or personal data.

Liability and Indemnification:

In the event of any legal action or notice of copyright or privacy infringement related to the materials provided by the Client, the Client agrees to fully indemnify and defend My Business Plus from such claims, including covering all costs, damages, and legal fees associated with the claim.

This clause applies to all materials, including but not limited to AI-generated content, voice cloning, image likenesses, and other digital or physical materials, supplied by the Client for use by My Business Plus under the terms of this Agreement.

All payments for the services listed in Schedule A of this Agreement must be made in full before any work or service commencement. This includes, but is not limited to, Google Street View Integration, Brand Intellect Pro, Structure and Content for Website, Google Business Profile Optimization, Brand and Product Videos, NFC Tile for Review Capture, Ten Posts for Google Business Profile, and any other services outlined in Schedule A.

The Business has a 24-hour cooling-off period from the signing of this Agreement, during which they may cancel the Agreement without incurring any fees. After the 24-hour cooling-off period, My Business Plus reserves the right to charge a fee for any advice, consultation, or details of services provided to the Client. This fee may range between 30% and 50% of the total contracted services, in order to recoup the time, knowledge, and services already provided by My Business Plus.

If the Client cancels the Agreement after the 24-hour cooling-off period, the cancellation fees outlined in Clause 13 will apply in addition to any fees charged for advice and consultation during the initial stages of the service.

If payment is not made within 14 days of signing this Agreement, My Business Plus reserves the right to place the Agreement on hold until full payment is received. Should payment remain outstanding for more than 30 days, additional collection fees may be applied, including but not limited to a minimum fee of $650.00 (ex GST). My Business Plus may also suspend the provision of all services under this Agreement if it were part paid until the full payment and any applicable fees are received.

The Client acknowledges that no services will commence, and no timelines for the delivery of services in Schedule A will begin, until full payment has been made. Failure to make timely payment may result in delays in the delivery of services or cancellation of the Agreement as per the terms outlined.

Any modifications to this Agreement must be agreed upon in writing by both the Service Provider and the Business. Verbal agreements will not be considered binding.