Rank My Business Terms of Business
By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement.
1. Acceptance
By accessing or using our services, you acknowledge and agree to be bound by these Terms of Business (the Agreement). If you engage Rank My Business (Company, we, us, our) to supply services, you are taken to accept this Agreement from the date of engagement.
2. General Terms
2.1 These terms apply to all work carried out by the Company for the party identified as the client (Client, you, your).
2.2 The Agreement (as amended from time to time) together with any non-excludable warranties or conditions implied by law constitutes the entire agreement between the parties and supersedes all prior discussions or understandings.
3. Definitions
In this Agreement, unless the context requires otherwise:
3.1 Agreement means these Terms of Business.
3.2 Business Day means a day other than a Saturday, Sunday or public holiday in Victoria.
3.3 Campaign Scope or Proposal means the document issued by us setting out the Services, Price and Term.
3.4 Confidential Information includes information disclosed by one party to the other that is marked confidential or ought reasonably to be considered confidential, excluding information in the public domain (other than through breach) or independently developed by a third party. It includes these Terms and any Scope/Proposal.
3.5 Fees/Price means the charges specified in the Agreement/Scope, together with any additional charges and GST.
3.6 Intellectual Property (IP) means all intellectual property rights, including copyright, trade marks, patents, designs, domain names and related rights, whether registered or unregistered.
3.7 Services means the services set out in the applicable Scope/Proposal and any agreed variations.
3.8 Term means the minimum term described in the Scope/Proposal.
3.9 Website means the Client website(s) in relation to which the Services are supplied.
4. Term, Renewal and Early Termination
4.1 The Agreement continues for the Term commencing on the date of the Agreement. At the end of the Term, the Services continue on a rolling basis unless and until the Client gives 30 days’ written notice of termination.
4.2 If the Client terminates during the Term, the Client must:
(a) give 30 days’ written notice; and
(b) pay the Monthly Fee for the balance of the Term (less any amounts already paid).
4.3 30-Day Rolling Arrangements. Where the parties agree to a 30-day rolling term from the outset, the arrangement renews every 30 days until the Client gives 60 days’ written notice. The Client must pay a minimum of two months of the then-current service fees (+ GST) from the date notice is given.
5. Client Cooperation and Grounds for Termination by Company
5.1 The Client must provide timely feedback and approvals within the timelines we specify to avoid delays.
5.2 We may terminate the Agreement by written notice if:
(a) the Client fails to respond to emails or calls within ten (10) Business Days;
(b) the Client’s instructions depart materially from the Agreement and the Client refuses to pay any quoted additional fees;
(c) the Client does not provide required content, access or information within reasonable deadlines; or
(d) more than one invoice remains unpaid.
5.3 If we terminate under this clause, the Client remains liable for Fees payable for the balance of any minimum term and for all work performed to date.
6. No Performance Guarantee; Indemnity
6.1 Unless expressly stated in writing, we do not warrant or guarantee any particular results (including traffic, rankings, sales, leads, revenue or profit).
6.2 To the maximum extent permitted by law, the Client indemnifies the Company against losses, liabilities, costs and expenses arising from the Client’s use of the Services or breach of this Agreement.
7. Privacy and Data Handling (Australia)
7.1 Each party must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Without limitation, the Client must:
(a) collect personal information lawfully and only to the extent reasonably necessary;
(b) take reasonable steps to ensure personal information is accurate and up-to-date;
(c) not retain personal information longer than necessary;
(d) use or disclose personal information only for the purposes for which it was collected (unless permitted by law or with consent);
(e) take reasonable steps to protect personal information from unauthorised access, modification or disclosure;
(f) maintain a clearly expressed and up-to-date privacy policy; and
(g) facilitate access and correction requests in accordance with law.
7.2 The Client indemnifies the Company for loss arising from the Client’s breach of privacy or data protection obligations.
8. Fees, Invoicing and Late Payment
8.1 Fees are payable by bank transfer, cheque or via our secure online portal.
8.2 Services commence once the first payment is received. Thereafter, ongoing invoices are due within seven (7) days of issue unless otherwise agreed.
8.3 We may charge interest/late fees at 5% per month on overdue amounts.
9. Refunds and Credits
9.1 Fees are non-refundable once payment is made, unless we agree otherwise in writing.
9.2 If a credit is granted, the minimum term will be extended by the same period credited.
9.3 If a refund is granted, the minimum term will likewise be extended by the refunded period.
10. Governing Law and Jurisdiction
The laws of the State of Victoria, Australia, govern this Agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
11. Non-Solicitation
During the Term and for twelve (12) months after termination, the Client must not employ, engage or solicit for employment any Company personnel involved in delivering the Services.
12. Revisions and Additional Work
12.1 Unless stated otherwise, the Client is entitled to two (2) rounds of revisions per deliverable (e.g., target keyword approvals, content approvals, ad copy, landing page designs). Additional revisions are charged at AUD $150 + GST per hour, subject to a written quote and Client approval.
12.2 Each revision round may extend project timelines.
13. Public Statements
The Client must not publish defamatory or disparaging statements about the Company or its personnel (other than statements honestly made and reasonably held or as required by law).
14. Search Engine Optimisation (SEO)
14.1 We are authorised to use agreed key phrases and implement SEO tactics to improve Website rankings/visibility.
14.2 Delays not caused by us do not entitle the Client to refunds or credits.
14.3 If the Client fails to provide accurate access credentials (e.g., FTP/cPanel/CMS) within one (1) month of the Agreement, we may deliver onsite recommendations as a separate document for Client or developer implementation.
14.4 Backlinks and IP. Backlinks created under a standalone SEO service are the Company’s intellectual property. We will not disclose link sources unless the Client has engaged us for a dedicated link-building service, in which case sources will be shared upon request.
14.5 The Client warrants that Website content and key phrases do not infringe third-party rights or breach any law. The Client must indemnify and defend any third-party IP claims notified by us, including our reasonable legal costs.
14.6 SEO Guarantees. Any performance guarantee does not apply where:
(a) third parties make changes that adversely affect rankings; or
(b) the Website is offline for reasons beyond our control.
14.7 If stipulated milestones are not met through no fault of the Client (we have full access and the site has not been offline), we will continue to work at no additional service fee for up to 90 days after the contractual term. The guarantee period commences when our SEO copy is uploaded to the Client’s Website. The guarantee is void if our changes are removed or overwritten.
14.8 We do not guarantee increased sales or profits from SEO.
15. LLM (AI) SEO Services
15.1 We may provide AI-assisted SEO services (e.g., optimisation for AI search, generative keyword enrichment, AI visibility tracking, citation management) via third-party platform AI tools.
15.2 Client Access. The Client must promptly provide required platform access, API keys and credentials. Delays in access may delay delivery and do not entitle the Client to compensation.
15.3 Performance and Visibility. AI search visibility is dynamic and subject to algorithm changes, competitor activity and Website changes outside our control. We will monitor brand visibility and provide reporting across relevant AI platforms.
15.4 AI Insights and Data. We may use aggregated and anonymised data/insights to improve services and models.
15.5 Liability. We do not guarantee specific outcomes from AI SEO. We are not responsible for losses resulting from AI ranking fluctuations or the Client’s failure to comply with this Agreement.
15.6 Termination. Either party may terminate AI SEO services on 30 days’ written notice. Fees accrued to the minimum term remain payable. We may suspend/terminate immediately where access is revoked or the Client breaches this Agreement.
15.7 Additional AI-based offerings (e.g., AI content generation, chatbot optimisation) may be added by separate agreement or addendum.
16. Paid Media: PPC & Paid Social
16.1 We are authorised to manage advertising on platforms including Google, Microsoft Advertising (Bing), Meta (Facebook/Instagram), LinkedIn, WeChat and others.
16.2 Client Inputs. Where applicable, the Client must provide access to: Google Ads, Google Search Console, Google Analytics, Meta Business Manager, LinkedIn Campaign Manager, and any creative assets/brand guidelines. The Client warrants it has all rights to use the assets and will promptly notify us if any assets must be withdrawn.
16.3 We warrant that our original ad copy/creative will not knowingly infringe third-party IP. Beyond this warranty, we are not liable for any alleged infringement.
16.4 Platform policies, approvals, and ad placements are controlled by the platforms. Sites/ads may be excluded at any time. The Client must disclose any keywords that must be excluded for brand or regulatory reasons.
16.5 Media Spend. Media spend may be paid directly by the Client to the platform or via the Company where pre-funded by the Client.
16.6 No Guarantee. We do not guarantee sales, leads, or performance outcomes. If performance-related bonuses are agreed, we will use reasonable efforts, without guaranteeing achievement.
16.7 Management Fees (where not otherwise agreed in writing):
(a) Monthly click spend AUD $10,000–$15,000 → 20% of media spend;
(b) $15,001–$25,000 → 18%;
(c) $25,001–$40,000 → 16%;
(d) $40,001+ → 15%.
16.8 Ad Variations and Revisions. We will submit an agreed number of ad variations for approval. Unless agreed otherwise, one (1) revision round per ad is included; further rounds may incur additional fees with prior written approval.
17. Social Advertising (Channel-Specific)
17.1 We may run paid campaigns on agreed social channels. The Client will provide channel access and any copy/asset suggestions.
17.2 Channel policies and targeting options are subject to change. Targeting selections are at our discretion unless otherwise agreed.
17.3 Media spend may be paid directly by the Client or via prepayment to the Company.
17.4 Standard revision entitlements and additional-fee rules in clause 16.8 apply.
18. Landing Page – Design & Development
18.1 Deliverables typically include: one custom landing page, one (1) round of minor design revisions, and up to 300 words of copy (unless the Client supplies copy).
18.2 Subject to timely Client approvals (within 24 hours where requested), we aim to complete within 14 Business Days. Client delays extend timelines.
18.3 The Client must provide logins, copy direction, imagery and branding assets as required.
18.4 We are not liable for channel policies affecting hosting or acceptance of content.
19. Email Marketing
19.1 We can create, manage, send and report on email campaigns as agreed in the Service Agreement.
19.2 Client Responsibilities. The Client must:
(a) supply content, recipient lists and materials; and
(b) ensure compliance with the Spam Act 2003 (Cth), including valid consents.
19.3 Each party must comply with applicable laws, including the Privacy Act 1988 (Cth) and Victorian laws as relevant.
19.4 We do not guarantee specific open, click-through or conversion rates.
19.5 Fees are payable per the Service Agreement (typically within 7 days).
19.6 Unless otherwise agreed, we retain IP in creative materials; the Client receives a non-exclusive, limited licence for the term.
19.7 Either party may terminate on 30 days’ written notice. If termination occurs during an active campaign, fees up to (and including) the minimum term remain payable.
19.8 The Client indemnifies us for claims arising from lists or content provided by the Client.
20. Content Writing (Premium)
20.1 Deliverables typically include a dedicated content specialist and one (1) minor revision round per item.
20.2 Turnaround times apply as per the Service Agreement, conditional on Client approvals/amendments within 3 Business Days.
20.3 The Client must provide a completed content brief, samples (if any), and approvals within 10 Business Days. If we have site access and approval is not provided within that time, the Client authorises us to upload.
20.4 We are not responsible for channel acceptance policies.
20.5 Liability exclusions per clause 6 apply.
21. Reputation Management (ORM)
21.1 We may optimise business profiles and microsites to rank for agreed phrases and to demote negative or offending results.
21.2 The Client must provide accurate access and logins to enable changes to titles, meta tags, content and code.
21.3 We do not control search engine policies or algorithm changes and do not guarantee commercial outcomes.
21.4 Fees are payable notwithstanding: (a) third-party changes or link building that disrupts our efforts; (b) delays not caused by us; (c) the Website being offline; or (d) suggested changes not being implemented.
21.5 Any guarantee does not apply if the Client or a third party makes adverse changes or the Website is offline. If milestones are not met through no fault of the Client, we will work for up to 90 days post-term at no additional service fee.
21.6 Early termination requires one (1) month’s written notice. If the Client terminates during the Term, the balance of the Monthly Fee for the remaining Term is payable.
21.7 No refunds for ORM services.
21.8 Definitions: Reputation Management means services seeking to reduce the visibility or impact of offending sites; Offending sites are third-party webpages deemed harmful to the Client’s reputation; Negative Keywords are phrases that surface offending sites.
22. Link Building Services
22.1 We acquire backlinks from third-party sources to improve authority and rankings.
22.2 The Client must provide access and information as reasonably required. Effectiveness depends on content quality and competitiveness.
22.3 Fees appear in the Scope/Proposal and must be paid in full in advance. Work may be paused until payments are up-to-date.
22.4 No guarantee of rankings or traffic is given. We do not control third-party sites or subsequent changes they make.
22.5 Term and termination are as set out in the Scope/Service Agreement. After any minimum term, services continue on a rolling basis unless the Client gives 30 days’ written notice.
22.6 On breach by the Client, we may remove previously built links.
22.7 Our methodologies and processes remain our IP. We may update these Link Building terms by notice.
23. Dispute Resolution
23.1 Good-Faith Negotiation. Senior representatives must meet to attempt to resolve any dispute within 14 days after written notice of dispute. Services and billing continue per the Agreement.
23.2 Mediation. If unresolved within 30 days of negotiations commencing, the parties will mediate under the Australian Disputes Centre Mediation Rules in Melbourne, Victoria. Services and billing continue.
23.3 Arbitration. If not settled within 60 days of appointing a mediator, the dispute will be referred to arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under the ACICA Arbitration Rules. Seat: Melbourne, Victoria; language: English; one arbitrator.
23.4 Confidentiality. All negotiations, mediations and arbitrations are confidential and treated as settlement discussions.
23.5 Costs. The Client will bear its own costs and, where the Company is not at fault, the Company’s reasonable costs for negotiation/mediation. Arbitration costs (including arbitrator fees) are borne by the Client unless the arbitrator determines otherwise.
23.6 Despite a dispute, both parties must continue to perform their obligations.
24. “Dr. King” CRM Terms
24.1 Eligibility & Accounts. Users must be 18+. The registrant (individual or entity) is the account owner and is responsible for all activity and for keeping credentials secure.
24.2 Permitted Use. Use the platform for lawful business purposes only. You must provide accurate information, comply with applicable laws, and handle customer data in accordance with the Privacy Act 1988 (Cth). Prohibited uses include illegal or deceptive conduct, reverse-engineering, spam, malware, IP infringement, security bypass, service disruption, or use while your Rank My Business account is 30+ days in arrears.
24.3 Integration & Lead Management. We will integrate the CRM with your website lead forms at no additional charge. Integration will be completed within 14 Business Days of receiving the required credentials.
24.4 Features & Fees. Core CRM features are paid. Advanced setup/configuration (e.g., email/SMS workflows, lead nurturing) is charged at AUD $150 + GST per hour, or as discussed with the client.
24.5 Cancellation/Continuation. If you cancel other Rank My Business services, you may cancel the CRM at no cost or continue CRM use at AUD $550 + GST per month. We will confirm your election in writing.
24.6 Training & Support. Includes one 30-minute training session and access to training videos. Additional support/training is AUD $150 + GST per hour. A mobile app is available for Android and iOS.
24.7 Affiliates & Certification. Optional affiliate and certification programs may be offered under separate terms. Certification is personal and must not be misrepresented.
24.8 Subscription & Billing. CRM subscription fees (if applicable) are billed in advance monthly or annually and are non-refundable. Pricing may change on notice.
24.9 Liability & Disputes. To the fullest extent permitted by law, we are not liable for indirect or consequential loss. Our aggregate liability under the CRM terms is limited to amounts paid in the prior 12 months. Disputes are resolved under clause 25.
24.10 Privacy & Third-Party Services. You must ensure your use of the CRM and any third-party integrations complies with the APPs and any third-party terms. We are not responsible for third-party services or content.
24.11 Calling, SMS, Email, and Buy phone number charges are separate. Depending on use.
25. Intellectual Property
25.1 Unless otherwise agreed in writing, all IP created by us in delivering the Services remains our property.
25.2 Subject to your full payment of Fees, we grant you a non-exclusive, non-transferable licence to use deliverables for your internal business purposes during the Term (or as otherwise set out in the relevant service-specific clause).
26. Suspension
We may suspend the Services immediately if: (a) amounts are overdue; (b) the Client breaches this Agreement; (c) required access is revoked; or (d) suspension is necessary to address security, legal or operational risks.
27. Liability Cap and Australian Consumer Law
27.1 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth) or other applicable law that cannot lawfully be excluded.
27.2 To the extent permitted by law, our liability for failure to comply with a guarantee is limited (at our option) to resupplying the Services or paying the cost of having the Services resupplied.
27.3 Subject to clause 29.1, our aggregate liability arising in connection with the Services is capped at the Fees paid by you for the Services in the 12 months preceding the event giving rise to the claim.
28. Force Majeure
We are not liable for delay or failure to perform caused by events beyond our reasonable control (including outages, network failures, third-party platform changes, governmental action, or acts of God).
29. Notices
Notices must be in writing and delivered by hand, email or registered post to the contact details last notified by the receiving party. Notices are deemed received when delivered (hand), when sent (email, unless a bounce-back is received), or three Business Days after posting (registered post).
30. Variation
We may update these Terms from time to time. Changes take effect 30 days after notice unless a later date is specified. Continued use of the Services after that date constitutes acceptance.
31. Assignment
You must not assign or transfer your rights or obligations without our prior written consent. We may assign or novate our rights and obligations to a related body corporate or purchaser of our business.
32. Severability
If any provision is invalid or unenforceable, the remaining provisions continue in full force and effect.
33. Contact
Rank My Business
1 Elgin Place, Hawthorn VIC 3122
Email: sales@rankmybusiness.com.au
Acknowledgement
By engaging the Company or using our Services (including the Simplify CRM), you confirm that you have read, understood and agree to be bound by this Agreement.