Privacy Policy | Terms of Trade

Privacy Policy

Last Updated: 28th December 2023

At OTOTGo Group PTY LTD (T/A Marketing Jumpstart) we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

In this policy, we cover what data we collect and why, how your data is handled, and your rights to your data. We promise we will never sell your data.

This policy applies to all services provided by OTOTGo Group Pty Ltd.

What we collect and why

Our core principle is to collect only what we need. Here is what that means in practice.

Identity & access

When you have your initial conversation with a Marketing Jumpstart team member, you will be asked for identifying information such as your name, email address, and company name, along with additional essential information. This is used to personalise Marketing Jumpstarts advice, products, and services towards your needs. We will not sell your personal information to third parties.

Billing information

When you pay for Marketing Jumpstart’s products and services, we ask for your credit card details and billing address in order to charge you services and send you invoices. Your credit card details are passed directly to our payment processor. We store a record of the payment transaction, including the last 4 digits of the credit card number and billing address for account history, invoicing, and billing support. We store your billing address to calculate any sales tax required, to detect fraudulent credit card transactions, and to print on your invoices.

Website interactions

When you browse our website, your browser automatically shares certain information such as which operating system and browser version you are using. We track that information, along with the pages you are visiting, page load timing, and which website referred you for statistical purposes like conversion rates and to test new designs & layouts. We will on occasion track your interactions with specific site elements to help inform design decisions. This web analytics data is tied to your IP address.

Cookies and Do Not Track

We do use persistent first-party cookies to store certain preferences and support analytics. A cookie is a piece of text stored by your browser to help it remember your login information, site preferences, and more. You can adjust cookie retention settings in your own browser. Click here to learn more about cookies, including how to see which cookies have been set and how to manage and delete them.

Voluntary correspondence

When you email or communicate through our client portal with one of the team at Marketing Jumpstart with a question or to ask for help, we keep that correspondence, including the email address, so that we have a history of past correspondences to reference if you reach out in the future.

We also store any information you volunteer, like surveys. Often when we do customer consultations via Microsoft Teams, we may ask for your permission to record the conversation for future reference or use for the team to ensure that nothing is lost in translation. We only do so if you give your consent.

Information we do not collect

We do not actively collect any characteristics of protected classifications including age, race, religion or sexual orientation. You may provide this data voluntarily, such as if you include a pronoun preference in your email signature when writing into our Support team.

When we access or share your information

Our default practice is to not access your information. The only times we will ever access or share your information are:

  • To provide products or services you have requested. We do use some third-party services to run our applications and only to the extent necessary, process some or all your personal information via these third parties.
  • When required under applicable law. If the appropriate law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring we share data, we must comply. Otherwise, we reject requests from local and federal law enforcement when they seek data. And unless we are legally prevented from it, we will always inform you when such requests are made.

Your Rights with Respect to Your Information

At Marketing Jumpstart, we apply the same data rights to all customers, regardless of their location. You may request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Marketing Jumpstart and its associated subsidiaries recognise that you have the following rights:

  • Right to Know – You have the right to know what personal information is collected, used, and shared. We outline both the categories and specific bits of data we collect, as well as how they are used, in this privacy policy.
  • Right of Access – This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security, and processing of that information.
  • Right to Correction – You have the right to request correction of your personal information.
  • Right to Erasure / “To Be Forgotten” –  This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession and, by extension, all our service providers. Fulfilment of some data deletion requests may prevent you from using Marketing Jumpstart services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.
  • Right to Complain – You have the right to make a complaint regarding our handling of your personal information with the Office of the Australian Information Commissioner.
  • Right to Restrict Processing – This is your right to request restriction of how and why your personal information is used or processed, including opting out of the sale of personal information (as mentioned above, Marketing Jumpstart does not do this).
  • Right to Object – You have the right, in certain situations, to object to how or why your personal information is processed.
  • Right to Portability – You have the right to receive the personal information we have about you and the right to transmit it to another party.
  • Right to not be subject to Automated Decision-Making – You have the right to object and prevent any decision that could have a legal, or similarly significant, effect on you from being made solely based on automated processes. This right is limited, however, if the decision is necessary for the performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.
  • Right to Non-Discrimination – We do not and will not charge you a different amount to use our products and services, offer you different discounts, or give you a lower level of customer service because you have exercised your data privacy rights.

How we secure your data

All data is encrypted via SSL/TLS when transmitted from our servers to your browser. The database backups are also encrypted. Most data are not encrypted while they live in our database, but we go to great lengths to secure your data at rest.

Location of Site and Data

Our products and other web properties are operated in Australia. If you are located outside of Australia, please be aware that any information you provide to us will be transferred to Australia. By using our Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

Change in Privacy Policy

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If Marketing Jumpstart is acquired by or merged with another company, we will notify you well before any information about you is transferred and becomes subject to a different privacy policy.

Questions

If you have any questions, comments, or concerns about this privacy policy, your data, or your rights concerning your information, please get in touch by emailing us at admin@marketingjumpstart.com.au and we’ll be happy to answer them.

Terms of Trade

Last Updated: 28th December 2023

OTOTGO GROUP PTY LTD t/as MARKETING JUMPSTART TERMS OF TRADE

FORMATION OF CONTRACT
1.1 A Contract will be formed when:
(a) Marketing Jumpstart issues a Proposal to a client for the provision of services and the Client:

(i) signs and returns the Proposal; or
(ii) submits a Purchase Order to Marketing Jumpstart in terms which are consistent with the Proposal; or
(iii) otherwise indicates in writing or verbally that the Proposal is accepted; or
(iv) requests Marketing Jumpstart to commence work.

TERMS
2.1 Any contract formed under clause 1 will include these terms and those set out in the Proposal.
2.2 If any term of the Proposal is inconsistent with any part of these terms, the Proposal shall take precedence to the extent of the inconsistency.
2.3 Where any part of any terms or conditions the Client seeks to impose on the commercial relationship between the Client and Marketing Jumpstart is inconsistent with the Proposal or these terms, then the Proposal, or these terms (as the case may be) shall prevail.

PROJECT TEAM
3.1 The choice of staff assigned to deliver the Scope of Works are in the absolute discretion of Marketing Jumpstart.
3.2 The staff assigned may be employees or contractors and may change from time to time based on operational requirements of Marketing Jumpstart’s business, staff leave, and availability and skill sets required to deliver the Scope of Works accurately and on time.

TIMELINE
4.1 Marketing Jumpstart will use its best endeavours to deliver the Scope of Work in accordance with any Timeline.

CLIENT OBLIGATIONS
5.1 Instructions and Collaboration

(a) The Client acknowledges that its input will be required at different stages of the work and that it must respond in a timely way to requests for feedback, information, documentation, discussions, or meetings.

(b) The Client warrants that it has given full authority to any person who purports to instruct Marketing Jumpstart in respect of carrying out the work and that Marketing Jumpstart need to question the authority of any person who engages with it and/or provides any instructions to it about the work being done.

5.2 Access to Computer System

(a) The Client shall ensure that Marketing Jumpstart has unimpeded access to any computer system operated by the Client where that is necessary for Marketing Jumpstart to deliver the Scope of Work.

(b) The Client hereby gives Marketing Jumpstart permission to access their computer system at any time necessary to deliver the Scope of Work.

5.3 Client Supplies

(a) Unless otherwise provided for in the Proposal, the Client is responsible for supplying:

(i) Text;
(ii) Images;
(iii) Graphics;
(iv) Logos;
(v) Livery and get-up, necessary for Marketing Jumpstart to deliver the Scope of Work within a reasonable time of being requested to provide them.

(b) The Client warrants that it owns, has a licence, or otherwise has the legal right to use any of the things in clause 5.3(a) which it supplies to Marketing Jumpstart.

5.4 Breach Of Client’s Obligations

(a) If the Client breaches any of its obligations under clause 5.1 to clause 5.3 above:

(i) Marketing Jumpstart may suspend the Work until such time as the Client rectifies the default and the Timeline shall be extended by a period being the greater of

A. the period of delay caused by the Client’s default; and

B. 5 business days; and

(ii) if the Client fails to rectify any breach for a period exceeding 14 days after notification to rectify it, Marketing  Jumpstart may terminate the Contract by
notice in writing; and 

(iii) if the breach is a breach of clause 5.3(b), the Client hereby indemnifies and keeps indemnified Marketing Jumpstart against all claims against Marketing Jumpstart and all legal costs incurred by Marketing Jumpstart arising out of or connected with that breach.

(b) The Client acknowledges that Marketing Jumpstart has set its Fee based on the assumption that the Client will comply with clauses 5.1-5.3 and any breaches of those clauses may cause delays to delivery of the Scope of Work, for which Marketing Jumpstart may initiate a variation to the Timeline or the Fee as if the delay were a Scope Variation under clause 6.

CLIENT INITIATED VARIATIONS

6.1 Request For Variation

(a) The Client may request a variation to the Scope of Work at any time.
(b) When the Client requests a variation, Marketing Jumpstart will consider the variation, discuss it with the Client, and:

(i) provide their advice on its utility and likely marketing effectiveness to assist the Client in making a final decision on whether to proceed with the variation or not; and

(ii) inform the Client if the variation is a Scope Variation and if so, advise the additional time (if any) required to complete the Scope of Works and any increase in the Fee because of the variation and when that increase must be paid.

(c) If the variation is a Scope Variation, then within 5 days of receipt of the information in clause 6.1(b) the Client must instruct  Marketing Jumpstart whether to proceed with the variation or not and if the Client instructs Marketing Jumpstart to proceed with the variation, then Marketing Jumpstart will confirm in writing:

(i) What the Scope Variation is;
(ii) The change to the Timeline (if any); and
(iii) The addition to the Fee (if any) and its payment date, and the variation as documented shall form part of the Scope of Work from that time.

6.2 Extension of Time

If the Client proposes a variation which is a Scope Variation which the Client subsequently decides not to implement, the time which elapses between the Client first proposing the Scope Variation and the Client informing Marketing Jumpstart that it has decided not to proceed with the Scope Variation shall be added to the Timeline.

MARKETING JUMPSTART INITIATED VARIATION

7.1 If upon commencement of work Marketing Jumpstart discovers any fact or thing of which it was not aware and of which it could not reasonably be expected to have been aware during the process of quoting the Scope of Work and that fact or thing materially alters the time or cost (or both) for the delivery of the Scope of Work, then Marketing Jumpstart will inform the client as soon as reasonably practical and inform the client:

(a) of the discovery of the fact or thing and how it will materially impact the time or cost of
delivery of the Scope of Work;
(b) what additional time will be required to deliver the Scope of Work; and
(c) what additional Fee will be charged to deliver the Scope of Work and when it must be paid.

7.2 If upon receipt of the information in clause 7.1(a)-(c) the Client accepts the extension of time and/or the increase in the Fee, the Scope of Work will be deemed amended accordingly.

7.3 If upon receipt of the information in clause 7.1(a)-(c) the Client does not accept the extension of time and/or the additional Fee, then Marketing Jumpstart may terminate the Contract.

PAYMENT

8.1 The Client shall pay the Fee in accordance with the terms of payment on the Proposal and where the Proposal contains no terms of Payment, within 7 days of the date of any invoice issued in respect of the Contract.

8.2 Payments made under this Contract shall (and shall only regardless of what may be written on

a Marketing Jumpstart invoice) be made to the Bank Account and any payment to the Bank Account shall to the extent of the payment satisfy the Client’s obligation to make that payment and the Bank Account may only be changed by a director of Marketing Jumpstart:

(a) emailing the details of an alternative bank account to the Client; and

(b) sending the Client a photograph of the sent email by text message within 10 minutes of the time the email in clause 8.2(a) was sent, and not otherwise under any circumstances.

8.3 No portion of the Fee may be set off against any such sum any amount which the Client claims Marketing Jumpstart owes to it.

8.4 If the Fee, or any portion thereof, is not paid by the due date, it shall interest at a rate of 8% calculated daily and compounded monthly.

8.5 If this Contract comes to an end prior to delivery of the Scope of Works for any reason, the Client shall pay that portion of the Fee which Marketing Jumpstart acting reasonably considers equivalent to the portion of the Scope of Works then completed, whether delivered or not.

8.6 The Client agrees to pay all costs and expenses (including but not limited to legal fees on a full indemnity basis and dishonour fees) incurred by Marketing Jumpstart in connection with the recovery of overdue amounts under this Contract.

EMPLOYMENT OF MARKETING JUMPSTART PERSONNEL

9.1 The Client acknowledges that Marketing Jumpstart invests substantial time and money in the recruitment and training of all its employees to ensure that it delivers upon its client engagements to a high standard and that and solicitation by the Client of any of its employees will cause substantial loss to Marketing Jumpstart.

9.2 The Client shall not employ any employee of Marketing Jumpstart (“Prohibited Employee”) who is a material part of the engagement team for delivery of the Scope of Works for a period of 12 months after payment of the Fee and any other amounts owing under this Contract in full.

9.3 If the Client employs a Prohibited Employee, then it must pay to Marketing Jumpstart an amount equivalent to 50% of the Prohibited Employee’s gross annual  Remuneration (including superannuation) at the time the Prohibited Employee’s employment comes to an end as a genuine pre-estimate of liquidated damages to reflect the loss of the Prohibited Employee’s productivity, the lost expense in training the Prohibited Employee and the expense of recruiting
and training a replacement.

9.4 The amount in clause 9.3 is recoverable as a debt due and owing in any court of competent jurisdiction.

WEBSITE DESIGN AND DEVELOPMENT

10.1 Application

If the Scope of Work is or includes:

(a) changes to;
(b) revision or redesign of; or
(c) the creation of,

a website, these terms will continue to apply in full to the extent applicable along with the terms in this clause 10.

10.2 Design

Marketing Jumpstart will create a “look and feel” design for the website and a flexible layout which will adapt to the capabilities of most devices and screen sizes, but to control cost, not all pages will be mocked up as static visuals.

10.3 Collaboration

(a) Marketing Jumpstart will create a Google Drive folder or a development site and share them with the Client to allow the client to regularly review progress on the Scope of Work;

(b) Marketing Jumpstart will initiate, and the Client shall participate in regular discussions about the Scope of Work and its progress and Marketing Jumpstart will seek and the Client will provide regular feedback to assist Marketing Jumpstart to create a
satisfactory outcome for the Client from the delivery of the Scope of Work.

10.4 Text and images

(a) Marketing Jumpstart will not provide the text or images which are to appear on the
website unless it has agreed to do so in the Proposal, but Marketing Jumpstart will:

(i) provide a copy writing service if the Client requests it for an additional cost; and

(ii) source images or assist the Client to do so at an additional cost.

(b) Any image or artwork which the Client supplies to Marketing Jumpstart must be supplied in high resolution and in an editable vector digital format.

10.5 Browser Testing

(a) Marketing Jumpstart shall test all work carried out by it on the latest desktop versions of Safari, Google Chrome, Microsoft Edge,  Mozilla Firefox, and Opera, but will not test on older versions of those browsers unless agreed in the Proposal and will agree an
additional Fee with the Client if the Client requests an enhanced design for an older browser unless included in the Proposal.

(b) Marketing Jumpstart shall test all work carried out by it on the mobile device browsers Safari, Google Chrome Android, and Google Chrome on Android Emulator, but will not test on Blackberry, Opera Mini/Mobile, on specific Android devices, Windows, or other
mobile browsers without agreeing an additional Fee unless agreed on in the Proposal.

10.6 Search Engine Optimisation

The Client acknowledges that any website which Marketing Jumpstart designs and develops for it will be visible to search engines, but that Marketing Jumpstart will not carry out search engine optimization (SEO) and that therefore Marketing Jumpstart’s work will not necessarily cause the Client’s website to rank better in searches.

11 COPYRIGHT
(a) Upon payment of the Fee in full (and not before) and subject to clause 11(c), Marketing
Jumpstart shall:

(i) and hereby does assign to the Client all right title and interest in the copyright in the delivered Scope of Work; and

(ii) give to the Client the source files and finished files in respect of the Scope of Work (where applicable). 

(b) The Client will retain ownership of the copyright in any images, artwork or text supplied by the Client (to the extent that the Client owns it).

(c) Marketing Jumpstart will retain ownership of the copyright in anything which it has developed prior to or separately from delivery of the Scope of Work as well as in any element of any part of the Scope of Work it has prepared for the Client but which the Client has chosen not to use in favour of an alternative.

12 CONFIDENTIALITY

Where Marketing Jumpstart has access to or possession of any information about any of the Client’s clients or customers, Marketing Jumpstart shall use that information only for purposes connected with the delivery of the Scope of Work and return or destroy that information when the Scope of Work is delivered in full and the obligations of the parties under the Contract performed.

13 AUTHORITY TO DISPLAY

The Client hereby authorises Marketing Jumpstart to display any work which it has done for the Client online and in hard copy as part of its portfolio for marketing purposes.

DEFAULT

14.1 If any part of the Fee is outstanding for more than 7 days after Marketing Jumpstart has issued a notice requesting payment; or

14.2 The client has not complied with a term of this Contract and failed to rectify the  noncompliance within 10 days of service of a notice requiring that they do so; or

14.3 the Client:

(a) being a natural person, has any execution levied against its assets, makes any arrangement with its creditors, or becomes bankrupt;

(b) being a corporation, has any execution levied against its assets, makes any arrangement with its creditors, has a liquidator, administrator or receiver appointed to it or has an application made against it for its winding up;

(c) cannot pays its debts as and when they fall due;

(d) tells Marketing Jumpstart that it cannot pay its debts as and when they fall due or that it is insolvent;

(e) provides an instruction or direction to Marketing Jumpstart in respect of the Scope of Works which Marketing Jumpstart acting in good faith considers unethical or unlawful and does not withdraw that instruction or direction in writing within two business days of written notice to do so, marketing Jumpstart may without prejudice to any of its other rights under this Contract or at law do any or all the following:

(f) Terminate the Contract;

(g) Treat all its obligations to perform this Contract as having been discharged;

(h) Suspend work under the Contract; or

(i) Invoice the Client for any unbilled work in progress;

WARRANTIES

15.1 The Client acknowledges that whilst Marketing Jumpstart will use its best endeavours to deliver the Scope of Work to the highest specification possible, it makes and has not at any time made any representation or warranty that the services it supplies under this Contract will result in the Client experiencing an increase in revenue.

15.2 The Client warrants to Marketing Jumpstart that that the Client has relied on its own research and investigations to form the Client’s own beliefs on the quality of the services and that the services are fit for the purpose to which the Client proposes to put them.

(a) If Marketing Jumpstart is deemed to give a warranty by law, the Client acknowledges
that Marketing Jumpstart’ liability is limited to:

(i) An obligation to re-supply the services in the Scope of Works (plus any Scope Variations) again; or

(ii) Pay to the Client an amount equal to the total Fee paid under this Contract at the time the warranty is called upon

16 RIGHT TO RECTIFY

The Client covenants that if there is a defect in any of the work carried out by Marketing Jumpstart under this Contract, it may not  claim any cost of rectification of the defect  from Marketing Jumpstart unless it has first given Marketing Jumpstart a reasonable opportunity to rectify it.

17 LIMITATION OF LIABILITY

Marketing Jumpstart’s liability for consequential loss howsoever occasioned and arising out of the supply of any services under this Contract is expressly excluded.

MISCELLANEOUS

18.1 Client as Trustee

If the Client is trustee of a trust the Client:
(a) Warrants that:

(i) It has full power and authority to enter this Contract under the terms of the trust deed;

(ii) The assets of the trust shall be available to meet its obligations to Marketing Jumpstart under this Contract; and

(iii) It will produce a stamped (where stamping is required) executed copy of deed constituting the trust of which it is trustee forthwith upon request by Marketing Jumpstart

(b) Has made this contract in its personal capacity and in its capacity as trustee of that trust.

18.2 GST

(a) The parties acknowledge that the supply made by Marketing Jumpstart to the Client will be subject to GST which will be added to invoices rendered.

(b) The Client must pay to Marketing Jumpstart an additional amount equal to the amount of the consideration multiplied by the applicable GST rate.

18.3 Force Majeure

The obligations of Marketing Jumpstart to perform any Contract will be suspended for the duration of any delay arising from circumstances outside the reasonable control of Marketing Jumpstart, including but not limited to, war, accident, fire, storm, flood, earthquake, labour dispute, plant equipment breakdowns, unavailability of materials.

18.4 Severability

If any provision of these terms is declared void, or if effective, would render either these terms or any provision in these terms, void or unenforceable then that provision shall have no force or effect whatsoever and shall be ineffective and severed from these terms to the extent necessary to avoid that consequence without affecting the validity and enforceability of this Contract.

18.5 Entire Contract

The Contract containing these terms is the entire Contract between the Client and Marketing Jumpstart in respect of its subject matter. No terms or variations to these terms sought to be imposed upon Marketing Jumpstart by the Client will bind Marketing Jumpstart unless Marketing Jumpstart specifically agrees in writing.

18.6 Amendment
The terms and conditions set out in this Contract may only be varied in accordance with these terms, or other in writing signed by both parties.

18.7 Waiver
The terms and conditions set out in this Contract may only be waived in writing signed by both parties and the waiver so created will only have effect in respect of the specific instance and to the degree specified.

18.8 Applicable Law
Every Contract shall be governed by and construed in accordance with the laws of the State of Western Australia and the  Commonwealth where applicable. All disputes in respect of a Contract shall be determined at first instance exclusively by the Courts of Western Australia.

INTERPRETATION AND DEFINITIONS

19.1 The terms defined have the same meanings when used throughout this Contract.

19.2 Unless the contrary intention appears:

(a) a reference to this Contract or any other document includes any variation or replacement of it;

(b) a reference to a statute, code or other law includes regulations and consolidations, amendments, re-enactments, or replacements of any of them;

(c) the singular includes the plural and vice versa;

(d) a reference to a person includes a reference to the person’s executors, administrators, successors, transferors, substitutes (including persons taking by novation) and assigns;

(e) a reference to a thing includes the whole thing and every part of it;

(f) a Contract, representation, or warranty on the part of or in favour of two (2) or more persons bind or is for the benefit of them jointly and severally;

(g) a reference to time shall mean Western Standard Time;

19.3 Headings are inserted for convenience and do not affect the interpretation of this Contract.

19.4 The following words have the following meanings:

“Marketing Jumpstart” means Ototgo Group Pty Ltd ACN 601 897 830 trading as Marketing Jumpstart;

“Business Day” means any day on which trading banks in Western Australia are open for business;

“Contract” means a contract formed under clause 1 of these terms for any of the purposes set out in that clause;

‘‘Fee” means the price payable by the Client to Marketing Jumpstart under any Contract as varied under the terms of that Contract including any expenses charged under clause 6 and includes sums of money which are charged on a fixed fee basis, subject to a fee estimate and then charged, or charged for a variation or according to a schedule of rates; 

“Client” means any Person to whom Marketing Jumpstart provides Goods and/or services;

“Day” means the period commencing at midnight and ending 24 hours later;

“Person” includes a firm, a body corporate, an unincorporated association, and a trust;

“Scope of Work” means the work Marketing Jumpstart is to take on as recorded in a Proposal as amended varied or supplemented under these terms;

“Scope Variation” means a change to the Scope of Work which represents a material change to the work as quoted and intended to be carried out at any point in time either requiring an increase in the Fee or an extension of the Timeline or both;

“these terms” means these terms and conditions of regulating the supply of services by Marketing Jumpstart.

“Timeline” Means any timeline set out in a Proposal and includes a deadline whether expressed as a range of periods or as a specific time;