Digital strategies that are nimble without …...Delivering On Your Digital Objectives Project Proposal: Comprehensive Digital Marketing Services Client: Linda Richardson Delivered

Delivering OnYour DigitalObjectives

Project Proposal:

Comprehensive DigitalMarketing ServicesClient:

Linda RichardsonDelivered on:

October 02, 2016Submitted by:

Jon Ogden

Digital strategiesthat are nimblewithout compromise.

Project proposal: Kim Wilson & Co AdWords ProposalClient: Kim Wilson & CoDelivered on: October 02, 2016Submitted by: Jon Ogden

Overview and goals.Hi Linda and Yvonne,

It was an absolute pleasure to meet you both earlier in the week. I enjoyed learning more about thebusiness and am grateful to have this opportunity to present my recommendations for Kim Wilson& Co.

KIM WILSON & CO OVERVIEWKim Wilson & Co have a professional team of experienced lawyers who support people when theyare going through some of the most stressful moments in their lives. Kim Wilson & Co aims toreduce that stress by providing an effective service, case in point being the presence of in-housecounsel - something that no other Perth-based legal firm can offer.

Kim Wilson & Co help a rnage of individuals but tend to focus on 40yo+ professionals who are notcompletely price driven and are seeking (primarily) assistance with property, financial agreementand mediation matters. Its track record of being professional, trustworthy and having accreditedlawyers within the firm are key reasons why people are referred time and time again.

KIM WILSON & CO CURRENT SITUATIONSince the website's launch in April, the firm now has a more accurate reflection of its values andvoice in the local market. Though the original fanfare has died down since that launch, there is aclear opportunity for Kim Wilson & Co to capitalise on two peaks in the upcoming months:

• New business during the Christmas period

• New business during the new school year period

Both of these periods are times when people deal with family stresses and seem to take stock oftheir family/relationship situations. Knowing this, Kim Wilson & Co has engaged with Bang Digitalto run an AdWords campaign between October and January, advertising its primary services. Thiswould be followed by another campaign for the back-to-school period before, optionally, moving toan always on or evergreen campaign that runs throughout the year.

There is also further opportunity for an SEO campaign which compliments the AdWords campaign.

KIM WILSON & CO OBJECTIVESFrom our initial discussions, we can see that the objectives of Kim Wilson & Co are as follows:

• Increase leads driven through the website

• Increase brand awareness when people search for services on Google

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KIM WILSON & CO PROPOSED STRATEGYBased on our initial discussions, we would recommend the following digital activities areundertaken to meet your objectives:

• Google AdWords. For this activity, we would look at delivering a campaign targetingprofessionals seeking information and legal advice for their family situation. The messagingmight promote the main services of property, financial agreements and mediation. The goalsof the campaign would be to promote specific messages to as many targeted prospects aspossible, while also working to improve conversion rates and put measures in place so we canaccurately track results and insights, when they become available.

• Search engine optimisation. Here, we will review the on-page content and link profile ofthe existing website. We will also develop a strategy for increasing brand awareness andsearch engine ranking. This may include content marketing, outreach with other legal-relatedcompanies and targeted business listing creation. The value of running an SEO campaignalong with AdWords is that the messaging and conversion insights you gain from AdWordscan be repurposed for articles and other information you create as part of an ongoing monthlyactivity. SEO then allows you to grow at scale when you begin to rank higher for highersearched terms.

• Google My Business page optimisation. We will optimise the existing Google My Businesspage around the primary services offered. This will improve the number of times your GoogleMy Business page shows up, thus improving traffic to the website and phone calls to the firm.

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Google AdWords.Google AdWords, also know as search engine marketing, is paid advertising on the Google searchengine. These adverts appear at the top left and right hand side of the search results screen.

Google AdWords differs to SEO in that it is an immediate driver of traffic. It allows you to target yourmarketing message precisely to the keyword being searched and direct traffic deep into your site tothe precise page.

Google AdWords can deliver a targeted and specific marketing message to your customers whilstthey are actively in the research stage of the purchasing process.

AdWords implementation.Before we launch your AdWords campaign we need to put together an implementation plan. Whoare we targeting, what products should we focus on and where should we direct them to. Theimplementation process comprises the below 3 elements:

• Keyword research. We research the keywords that people are searching for right now. Thesekeywords will be a combination of large search volumes (general) and low search volumes(long tail) to ensure a good mix of high and low cost keywords.

• Ad campaign strategy. The strategy is what makes our service unique. Setting geographicaltargets, using ad extensions, and applying budget strategies is part of what we provide thatmakes our campaigns work so well.

• Landing page analysis. We review the specific landing pages your campaigns will be directedto, and ensure that these landing pages assist with achieving the objectives. If we think thereis an opportunity for improvement, we will provide this feedback to you.

Ongoing optimisation.Competitors, seasonal shifts, shifts within your strategy focus, and budgets will all affect yourcampaigns on a regular basis. On-going optimisation allows us to react quickly, improving yourcampaign results week on week to ensure we meet targets and drive a positive ROI. We focus onhigh quality traffic the converts into your objectives be it leads, sales or downloads.

We report on all of this monthly through a customised online reporting dashboard. This way you caneasily see your monthly results and compare these month to month or year to year.

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Google My Business strategy.Google My Business is the map location on Google for your place of business, combined with aGoogle + page to allow for social engagement. This allows searchers to find your physical addresswhen they search for your brand name, as well as location keyword searches e.g. online marketingPerth.

This is pretty important. GPS devices use Google Maps to retrieve your address details from yourlisting. Your contact information such as your phone number and hours of operation can also beincluded, as well as photos of the business location.

Our service includes:

• Verification of your map location. Verifying your map location with Google. This will require averification process with your physical address via phone or mail.

• Design. Design of your Google + page including a cover photo, loading of relevant images, anda customised description.

• Citation link building. Completion of citation link building to ensure your map locationappears for local searches.

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Why us?Bang Digital is a young fresh-thinking, vibrant digital marketing agency. We love the hybrid oftechnology and marketing that is the digital space.

We provide a holistic approach to digital marketing so that you can use the one place for everything.This enables us to provide added value to our clients by closely understanding their business andbeing able to provide the right solution for them, when they need it.

We have worked on both client side and agency side, and understand that it's not just important todeliver results; it's also about how you deliver them. Working ethically and valuing our clients is thecornerstone to our approach and success.

It's a full time job keeping up with the changes across the digital landscape to best service ourclients, so being focused on the digital space is important. We even go to Google University (yes,there is such a place).

Bang Digital provides a diverse team of experts who will be working on your project, ensuring thatthe marketing and business objectives are aligned with the end production.

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RENAE LUNJEVICHManaging Director

Renae has an extensivebackground in marketing, withover 19 years' experienceworking on both client andagency side for some of theworld's most well-known brands;including Hewlett-Packard andEncyclopedia Britannica. Renaeis the founder of Bang Digital.

Our team.

FREDDY HOLLOWOperations Manager

Freddy has a comprehensivemarketing background, with over8 years' experience in managingintegrated marketing campaignson state and national levels,across digital, print, radio, onlineand direct marketing.

JOSH ROABus Dev Manager

Josh understands the value inbuilding marketing solutionswhich help businesses toincrease sales and reducewaste. Josh's direct-responseapproach to digital marketing,in a variety of industries, makehim keenly suited to createuniquely effective campaigns.

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JON OGDEN

Campaign Manager

Jon joined the Bang team aftermoving from the UK where heworked as a SEO consultantfor several years. Prior to thishe was involved with a smallweb development company,which is where his passion foronline marketing started. He ispassionate about the strategybehind SEO and long termsuccess for businesses.

DAMIEN PIECZARASenior Online MarketingProfessional

After graduating from CurtinBusiness School with abachelor of Marketing andAdvertising, Damien returnedto France, where he pursuedfurther studies. Missing ourbeautiful land he decided tocome back to Perth gained aposition at Bang Digital.Damien works on some ofBang Digital's key accounts.

STEPHANIE CLEAVER

Campaign Director

Stephanie is a data drivendigital marketing evangelistwho has worked with a largeportfolio of both local andinternational brands.Stephanie loves all thingseCommerce and gets overlyexcited about AdWords.

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JOELLE STANTONSearch Engine MarketingAssistant

Fresh out of university, Joellehas collected a broad range ofmarketing experience workingwith many businesses fromclient and agency side. Joellehas a Bachelor of Commercefrom Curtin University majoringin marketing and advertising.Upon graduation she joined theBang Digital team in 2015.

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CASSIE PLEMICSearch Engine MarketingAssistant

Cassie joined the Bang Digitalteam after completing herCommerce Degree at UWA. Overthe past few years spentvolunteering her time to smallbusinesses and communityorganisations, Cass discoveredher passion for all things searchand helping our clients toachieve their business goals.

BEC COLLINS

Online Marketing Specialist

Bec has worked in marketing forseveral years and has beeninvolved in branding, webdesign, social media andintegrated marketingcampaigns. She has a Bachelorof Business majoring inEconomics and is currentlycompleting a Master ofProfessional Marketing.

BRAD FARLEIGH

Digital Director

Brad developed a taste for theweb and after studyingMultimedia in 2005 and went onto study the Dipl. of IT (WebDevelopment); fine tuning hisskills not only in class, but whilstundertaking an internship with alocal web firm and Bang Digital.Brad heads up the digital designdepartment at Bang.

ANDREW FONCECA

Digital Director

Andrew graduated school withmultiple media productionawards under his belt and apassion for communication andcreativity. This passion inspiredfurther study on the ideation andproduction of communicationdesign. He grasps everyopportunity to feed his learningaddiction and expand his skillset.

KARA SHEAD

Accounts Coordinator

Kara has an extensivebackground in businessadministration. As an officeadministrator Kara has beenable to work in many differentindustries and travel in betweenassignments. Kara has addedproject management andbookkeeping to her long list ofexperience.

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EMMA BRANDON

Administration Assistant

Through life and travel Emmahas developed her skills in awide array of industries fromfashion and lifestyle toentertainment and business.Emma has vast experience inbusiness administration andcustomer service both inAustralia and abroad. She has apassion for marketing andsocial media with a desire tokeep learning about the ever-evolving digital world.

STEPH GORDON

Online Marketing Assistant

After graduating Steph held rolesin print advertising, before movingto London and working as anaccount manager at an onlinemedia subscription company.

Since moving to Perth she hasdeveloped a passion for digitalmarketing, in particular creatingcontent that is effective,interesting and creative, in orderto drive maximum audienceengagement.

Case study: St John Ambulance

CLIENT OVERVIEWSt John Ambulance has been serving the Western Australiancommunity for over 100 years. St John Ambulance are a community based organisation withtheir primary role being to teach first aid and to care for the sickand injured.

St John Ambulance's digital marketing strategy goal is to increasethe volume of first aid course enrolments with the ultimate goal ofeducating the WA community.

OUR SERVICESSt John Ambulance have been a client of Bang Digital for the past 8years, and currently engage Bang Digital to provide a number ofservices including:

• Digital strategy services

• Search marketing

• Social media marketing

• Email marketing

• Microsite and landing page development

• Analytics tracking and advanced reporting services

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Case study: Westrac

CLIENT OVERVIEWAs one of the largest authorised Caterpillar dealers in the world, WesTrac provides customers witha wide array of machinery as well as a comprehensive whole-of-life management solution designedto make owning and operating equipment as easy, profitable and safe as possible - from selectionand finance through to maintenance and resale. WesTrac employs over 4,000 staff nationally.

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OUR SERVICESWesTrac has been a client of Bang Digital's for the past 8 years, and currently engage Bang Digitalto provide a number of services including:

• Overall digital strategy

• Search engine optimisation

• Search engine marketing

• Email marketing

• Microsite and landing page development

Your investment.Below is the budget we've estimated based on the scope of services outlined earlier in this proposal.

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DESCRIPTION UNIT HOURS PRICE

AdWords implementation $140 / hour 6 $840

TOTAL $840

DESCRIPTION UNIT HOURS PRICE

AdWords management $140 / hour 6 $840

AdWords budget n/a 1 $1500

TOTAL $2,340

ONE OFF COSTS

MONTHLY ON-GOING COSTS

Payment terms (Appendix A).• Payment Terms are 30 Days.

• Services will be invoiced in advance, an invoice will be issued on acceptance of this proposal.

• All prices are in Australian Dollars (AUD) and exclude GST unless otherwise stated.

• Payment Methods we accept are:EFT Internet Banking;details as followsAccount Name: Bang DigitalBSB: 036062 Account Number: 435346

Credit Card payments are accepted

Cheque; make payable to "Bang Digital", Suite 2, 79 Hay Street, Subiaco 6008

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Next steps.1. Please read the contract on the previous page to make sure you understand all the details

involved with us working together. It’s really important to us that everything is transparentand understood from the beginning so that we lay a solid foundation for a great workingrelationship.

2. If you have any questions at all, please let us know. We’re happy to clarify any points andthere may be some items that we can sort out together. We’re committed to finding the bestway to work together.

3. Once you feel confident about everything and are ready to move forward, please click the'sign here' button below.

4. Sign in the box that pops up to make the acceptance official.

5. Once we receive notification of your acceptance, we’ll contact you shortly to sort out nextsteps and get the project rolling.

6. If you’d like to speak to us by phone, don’t hesitate to call 08 9328 7000

Jon OgdenHead of Digital

Linda RichardsonKim Wilson & Co

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Our terms and conditions.Here's our legal stuff. It's there to protect us both. If you have any questions, don't be afraid to ask.The client (herein the "Client") named in the attached Digital Marketing Proposal ("the DMP") agrees with Bang Digital (ACN124 868 113) ("Bang Digital") that in consideration of Bang Digital agreeing to provide the Services to Client the followingterms and conditions shall apply:

1. Legal Agreement:This agreement (which includes the DMP) shall be a legal agreement between Client and Bang Digital. The agreement shallconstitute the entire agreement between Client and Bang Digital in relation to the Services and the DMP and it shall notinclude any terms and conditions of Client (including on any purchase order or other document submitted by Client) unlessagreed to in writing by Bang Digital.

2. Term of Agreement:This agreement commences on the start date specified in the DMP (start date) and is for an indefinite term unless a finishdate is specified in the DMP or the agreement is ended earlier in the matter permitted by this agreement.

3. Services Bang Digital will provide:Bang Digital will:a. provide the work and services to be carried out by Bang Digital as described in the DMP(the "Services");b. where a maximum time per month for the provision of the Services is set out in the DMP, provide the Services for a periodof time up to that maximum amount per month;c. use its best endeavours to ensure the Services are provided in compliance with all relevant Australian legislation;d. provide the Services with care and skill and will exercise professional judgement free from any conflict of interest;e. provide support in respect of the Services as specified in the DMP;f. act in Client's best interests but will not do anything which is unethical or unlawful;g. keep records of work performed under this agreement and provide copies of those records to Client on request; thisincludes all digital files.h. provide only the resources specified in the DMP as required to be provided by Bang Digital to deliver the Services;i. provide the Services to Client alone and will not regard any other entity as its client in relation to the Services; andj. unless otherwise stated in the DMP, shall determine at its discretion the personnel who will provide the Services.

4. Additional Services:

a. At the request of Client, Bang Digital may provide work and services additional to the Services including:

b. any additional services set out in the DMP; and updates required as a result of changes to any relevant digital interface or

services required in respect of matters set out in clause 5.

c. Client agrees and acknowledges that:

(i) the fee for any Additional Services is not included within the fee for the Services and will be charged at Bang Digital's time

based charge out rates, as set out in the DMP; and

(ii) by submitting a quick quote or other form of purchase order to Bang Digital in respect of any Additional Services, Client

agrees to pay for the Additional Services.

5. Limitations on services:a. search engines may stop accepting submissions for an indefinite period of time. Search engines may re-rank or excludewebsites and webpages for no apparent or predictable reason. Often a webpage will reappear without any additionalsubmissions. Should a webpage not reappear, Bang Digital will, at a cost agreed with the client, re-submit the site based onthe current policies of the search engine in question.b. Social media platforms change their interfaces on a regular basis. Unfortunately Bang Digital cannot pre-empt thesechanges. This may require us to redesign your social media pages, for which a quotation will be provided.c. any modification of Client's website by Client or any third party may impact on the listing or ranking of Client's website. Anywork or services required by Bang Digital as a result of such modification shall be Additional Services; andd. Bang Digital will not provide the following services under this agreement (Bang Digital may at its discretion provide theseservices as Additional Services at the request of Client):i. support outside Business Hours. In this agreement, Business Hours means 9am to 5pm Perth time on any day except aSaturday, Sunday or public holiday in Western Australia;

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ii. support of or assisting the client in the use of operating systems, ancillary services or software or other platforms;iii. managing authorised usernames and passwords;iv. installing or managing Client's security measures;v. support where Service impairment results from installation, un-installation, or use of other software applications;vi. recovery of damage or data loss arising from hard drive or CPU failure, network failure, misuse, negligence, alteration,improper wiring, malware, viruses or failure to complete daily and weekly backups;vii. support where Client has failed to implement a recommendation from Bang Digital where in the reasonable opinion ofBang Digital the recommendation should be implemented to ensure Bang Digital can properly deliver the Services; orviii. consulting services or accelerated development or advanced customisations of or enhancements to or new features ofthe Services.

6. Items to be provided by Client:Client must:a. provide to Bang Digital all items and materials to be provided by Client as stated in the DMP and all information andmaterials relating to Client's requirements with respect to the Services, including as regards scope and timing;b. obtain all approvals which are required for the lawful provision and use of the Services; andc. appoint a person to act as Client's representative, which person shall be deemed to have authority to act on behalf of andbind Client in connection with this agreement.

7. Client Authority, Exclusivity and Warranties:a. Client authorises Bang Digital to:i. conduct all activities as may be required to perform the Services, including submitting websites to search engines and anyother resources or relevant sites; andii. modify any of Client's websites, including modifying the metadata of any website, for the purposes of providing theServices;iii. use relevant keywords and phrases, including intellectual property belonging to Client, for the purpose of delivering theServices.b. During the term of this agreement, Client shall not permit any search engine optimisation provider to:i. perform or deliver any service which is within the Services; orii. have access to any of the Client's websites that are part of the search engine optimisation service.c. Client agrees that Bang Digital will not be responsible for any of the Client's websites or search engine rankings if Clientdoes not comply with clause 7b.d. Subject to clause 7b, if Client is required to give access to Client's website to any third party, Client must give prior noticeto Bang Digital.

8. Client's Responsibilities:In order to ensure that Bang Digital is able to properly deliver the Services, Client:a. must ensure that Client's websites are active and accessible by Bang Digital at all times;b. must notify Bang Digital each time any modification to Client's websites is made where that modification may affect thedelivery of the Services by Bang Digital;c. must not install or use software that may, in the reasonable opinion of Bang Digital, impair the proper delivery of theServices by Bang Digital;d. agrees to inform all third parties with access to Client's websites, including webmasters, that Bang Digital has beenengaged to provide the Services;e. agrees that if Bang Digital:i. reasonably determines that Client's web hosting provider may be part of a ‘bad neighbourhood'; orii. considers that for optimisation of the Services, Client should change its' web hosting provider,iii. then Client will, at Bang Digital's request, change its web hosting provider.

9. Support Provided:

a. Bang Digital shall use commercially reasonable efforts to provide support on the terms set out in the DMP but does not

guarantee that any defects in the Client's websites or Services will be fixed by Bang Digital.

b. Client acknowledges that Bang Digital relies on third party interfaces and databases to deliver the Services and as a result

Bang Digital cannot guarantee uninterrupted access to and use of those third party internet interfaces and databases at all

times.

10. Fees:Except as otherwise agreed in writing with Bang Digital;a. the fee for the Services will be as specified in the DMP;b. Bang Digital reserves the right to adjust its time based charge out rates on each 1 January and 1 July by an amount notless than the change in the Consumer Price Index (All Groups) Perth in the preceding six months.

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11.Disbursements:a. Client agrees that external disbursements are not included in Bang Digital's fees. Client agrees to reimburse reasonablebusiness expenses incurred by Bang Digital in the performance of the Services. Bang Digital will always seek authorisationfrom Client prior to incurring such expenses.b. Bang Digital agrees to provide Client with tax invoices for all expenses Bang Digital seeks to have reimbursed.

12. Tax invoices:Tax invoices:a. will be issued by Bang Digital and must be paid on the terms of 30 days unless otherwise specified or agreed on theinvoice;b. shall be deemed correct unless disputed in writing within 7 days of the date of the invoice;c. must be paid in full notwithstanding any counter claim or set-off Client may claim against Bang Digital; andd. that are not paid in full and on time will attract interest at 15% per annum, calculated daily.e. The Customer shall pay the Supplier for all costs actually incurred by the Supplier in the recovery of any monies owedby the Customer to the Supplier under this Agreement including recovery agent costs, repossession costs, location searchcosts, process server costs and solicitor costs on a solicitor/client basis.f. All payments for advertising budgets must be paid by the client based on any of the payment options made available inAppendix A; Advertising Budgets paid your behalf by Bang Digital will incur a 5% admin fee.g. For payments made by way of Direct Debit (pre-pay):i. The client must ensure that sufficient cleared funds are available in their nominated bank account on the day that thepayment is due to be initiated;ii. Budget payments to the end supplier will only be made on your behalf upon successful completion of the direct debittransaction and confirmation from EziDebit of the transfer of funds to our bank account;iii. Any failed direct debit transactions will incur an additional failed payment fee charged directly to your account by Ezidebitin line with their fee schedule at the prevailing rate at the time the debit is initiated. Please note that this fee is controlled byEziDebit, may change from time to time and is outside the control of Bang Digital. Bang Digital will not be held responsiblefor any campaigns going offline as a result of failed payments;iv. A receipted tax invoice will be sent to you upon successful completion of the transaction;h. For payments made by Credit Card direct to the end provider (post-pay):i. The client will be responsible for ensuring that there are sufficient funds available in their denominated credit card forpayments to be deducted as required;ii. The client will be responsible for any credit card fees imposed by your bank in relation to these transactions;iii. Bang Online will not be held responsible for any campaigns going offline as a result of failed payments;

13.Confidentiality: Bang Digital and Client each agree:

a. not to disclose or use for an improper purpose any Confidential Information received or obtained from the other party; and

b. that each party can disclose Confidential Information received by it if, and to the extent,:

i. required by law or required by a Court, stock exchange or regulatory or governmental body; or

ii. the information is disclosed on a confidential basis to professional advisers or bankers; or

iii. the information is disclosed to a director, officer, employee or agent of the party whose function requires them to have the

information; or

iv. the information is in the public domain otherwise than through the fault of the disclosing party; or

v. the other party has agreed to the disclosure in writing,

vi. provided a party intending to disclose information under any of paragraphs i., ii., or iii.above consults with the other party

first. If a party makes any disclosure under any paragraphs i. and ii. above it must inform the other party as soon as possible;

c. "Confidential Information" means all trade secrets, know-how, financial, marketing, management, technical and other

information which is confidential or of a sensitive nature, including information regarding business strategy and processes,

but excludes information in the public domain.

d. Client agrees that the identity of Client is not Confidential Information and that Bang Digital may disclose to third parties

that Bang Digital has been engaged by Client.

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14. IP:Client agrees that, except as expressly stated in the DMP:a. Bang Digital owns all title, ownership, moral and proprietary and intellectual property rights (including copyright),registrable or not, in and to all deliverables, materials, documents, presentations, reports, software, data and analysisprepared or provided by Bang Digital in connection with providing the Services including the source code and back end tacticsused by Bang Digital to optimise any websites ("Documents);b. it will not publish or transmit outside of its organisation, nor make copies or reproductions of, any such Document unlessapproval in writing is given by Bang Digital; andc. Bang Digital may, subject to clause 14, use such Documents for Bang Digital's technical development and marketingpurposes.

15.Licence to Client:For the term of this agreement Client is hereby granted a limited, revocable, non-transferable, non-sublicensable, royalty freelicence to use Documents referred to in clause 15 for the sole purpose for which the Services were provided. This includesthe provision of all digital assets to the client, including website development files.

16.Liability and Indemnity:Client agrees that except to the extent caused by the gross negligence, fraudulent act or omission or wilful breach of thisagreement by Bang Digital, Bang Digital and its officers, employees and contractors shall, to the maximum extent permittedby law, not be liable to Client or its officers and employees or contractors or any other entity for any Claims whatsoever:a. in relation to provision or non-provision of the Services or arising from any act or omission by Bang Digital relating to theServices;b. arising from any act or omission of any third party, including the unavailability or performance of any search engine,relevant internet interface or database or the listing or ranking of any Client's website;c. in relation to the matters set out in clauses 5.a to 5.f inclusive;d. in relation to the use by Client (or its officers, employees, agents or contractors) of any Documents;e. in the event that anytransaction contemplated by Client does not proceed; orf. in relation to acts or omissions of Client or any third party,g. and Client shall and hereby does indemnify and hold Bang Digital and its officers, employees and contractors harmlessfrom all such Claims. In this agreement "Claim" means any claim, expense, demand, action, suit, proceeding, loss or damageof any kind or character (including without limitation for legal costs or special, indirect, punitive or consequential damages,loss of profit or business opportunity or payment of liquidated sums).

17.Time Limit on Claims:To the maximum extent permitted by law, Bang Digital shall be deemed to have been discharged absolutely from all Claimsfor liability arising from the Services (or from any act or omission of Bang Digital relating to the Services) at common lawor equity or under statute after the expiration of one year from the completion of the Services. Client agrees that it and anypersons or entities claiming through Client shall be barred from commencing any action, proceeding or claim whatsoeveragainst Bang Digital, its officers or employees in respect of the Services. The date of completion of the Services will be thedate of the last invoice issued by Bang Digital for the Services.

18.Warranties:a.Subject to clause 20.b and to the maximum extent permitted by law the Services are provided without any warrantiesof any kind, either express or implied, including warranties of title, non-infringement of fitness for any purpose, accuracy,completeness or currentness. Any warranty which is implied by law or statute is excluded to the maximum extent permitted.b.The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights andremedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to supply ofthe Services and cannot be contracted out of, they apply and override any inconsistent provisions in this agreement but onlyto the extent of the inconsistency. Where Client is entitled to a statutory right or term that Bang Digital is not able to excludebut Bang Digital is entitled to limit its remedy for a breach of that right or term, then Bang Digital's liability for breach of thatright or term is limited to (at Bang Digital's election) the supplying of the services again, or the payment of the cost of havingthe services supplied again.

19. Non solicitation:Client agrees:a. not to, directly or indirectly, employ, solicit, engage or direct for purposes of employment or contracting services any ofBang Digital's staff or contractors during the term of this agreement and for a period of 12 months thereafter;b. that if it does not comply with paragraph a above, it will pay to Bang Digital on demand a placement fee of:i. in the case of a Bang Digital employee, 100% of the employee's total annual remuneration package from Bang Digital(including superannuation)

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20.Delay/Force majeure:If Bang Digital is restricted or prevented from performing any of its obligations under this agreement due to any cause ordelay whatsoever outside the reasonable control of Bang Digital including the unavailability of any relevant internet interfaceor database, then Bang Digital may give notice of such cause to Client and the time for performance of Bang Digital'sobligations shall be extended by the period the cause continues. If the Services have not been provided by 60 days after theoriginal due date either party may terminate this agreement and if this occurs Bang Digital shall have no liability whatsoeverto Client.

21. Suspension, Expiry and Termination:a. Bang Digital may suspend the delivery of the Services during any period in which an amount owing by Client pursuantto this agreement is overdue. If your final payment is not made for the website development project, Bang Digital reservesthe right to remove your website from the live environment until the payment is made. Please note we will provide you withwarning before this happens.b. If either party is in breach of this agreement then the party alleging the breach may service a default notice on the otherparty settling out the full particulars of the alleged breach and the acts required to rectify the breach.c. If not terminated sooner under paragraph e. of this clause 23, the engagement of Bang Digital expires at the earlier of thecompletion of the Services or the finish date specified in the DMP (if any).e. A party may terminate this agreement only:i. if the DMP expressly states that either party may terminate this agreement by notice to the other party, in which case thisagreement will terminate on the date that is twenty Business Days after the date such a notice is given, provided that duringthat period of twenty Business Days all fees and charges as set out in the DMP will continue to be payable; orii. if it has issued a notice of default pursuant to clause 23.b and the default alleged therein remains unrectified 10 BusinessDays after service of the default notice (and termination will take effect on the 11 Business Day after service of the defaultnotice provide a notice of termination is given); oriii. if the other party goes into liquidation, has a receiver or manager or administrator appointed, is declared bankrupt orbecomes subject to Part X of the Bankruptcy Act 1966 (and termination will take effect on giving of a notice of termination).

22.GST:All fees referred to in this agreement do not include goods and services tax (GST) unless expressly stated in the DMP. In thisagreement "GST, "supply", "taxable supply" and "tax invoice" have the same meaning as in A New Tax System (Goods andServices Tax) Act 1999.

23.Other:a. Reference in this agreement to the singular includes the plural, and to any party to this agreement includes the party andits successor, administrator, personal representative, transferees and assigns.b. A notice to be served under this agreement will be duly served if it is in writing and is sent to the address appearing in theOMP for each party by certified mail, facsimile, personal delivery or email, provided there is proof of delivery.c. Neither party may assign or transfer any right or obligation under this agreement without the written consent of the other.d. If any provision or part provision of this agreement is invalid, unenforceable or illegal then it shall be deemed deleted andthe remaining parts shall continue to apply with full force and effect.e. This agreement is governed by the law in force in Western Australia. Each party irrevocably submits to the jurisdictionof the courts of Western Australia with respect to any Claim which may be brought at any time relating in any way to thisAgreement.f. This agreement may only be varied in writing signed by both Parties.g. Any omission by a party to enforce any provision of this agreement shall not operate as a waiver and will not prejudice therights of the party to enforce any of the provisions.h. All provisions in this agreement in respect of indemnities, IP ownership, confidentiality and non-solicitation survive thetermination of this agreement.i. In offering our services to you we are not excluded from offering our services to other organisations, whether competitiveto yours or not, unless a separate (from this agreement) exclusive provider contract has been entered into and we are underno obligation to reveal our client list to the public and/or to other clients.

BangDigital

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