Service Terms and Conditions

Last updated July 2022.

As soon as you check the ‘I understand I am electronically signing my order & agreeing to the Service Terms and Conditions’ box presented to you before you access our services you will be bound by these terms and conditions, our privacy policy [https://www.bidurk.com/privacy] and all other terms and conditions published by us through our website or provided directly to you, collectively referred to as ‘terms’. 

Please read our General Terms of Use [https://www.bidurk.com/terms] for more information.  

Thank you for your interest in purchasing Training Courses and or Agency Services from Bidurk. We are delighted that you are interested in our services and will do our best to help you grow your YouTube channel and business.

We offer Training Courses and or Agency Services for purchase. 

If you purchase a Training Course, you are our Customer. If you purchase our Agency Services, you become our Client. You can be our Customer and our Client at the same time.  

1. Term 
   1. This agreement remains in force and has effect for as long as you continue to use our services. Some provisions will continue to apply after you stop using our services. For payment and cancellation terms, please read our General Terms of Use [https://www.bidurk.com/terms].
   2. Agency Services – we will continue to deliver our agency services for the period you have purchased those services. You can cancel our services at any time and our services will end at the end of the current month of your subscription. 
   3. Training Courses - you will continue to have access to the course you have purchased and the associated software for 12 months from the date of purchase. You can elect to renew your subscription for continued access at the end of that 12 months.   
2. Non-exclusivity 
   1. By entering into this agreement Bidurk is not entering into any form of exclusive arrangement with you for the supply of our services. Bidurk may at any time supply similar services or the same services to anyone else, even your direct competitors.  
3. Service Fees 
   1. All prices on our website are stated in USD. Payment is required in advance. 
   2. When you purchase our Training Courses, you are committing to pay the total cost for the course, even if we allow you to pay for the course in monthly installments. 
   3. When you purchase our Agency Services, you are committing to pay our monthly fees, plus any third party costs incurred in the delivery of our services, such as advertising costs, social media and lead generating costs, your costs of video creation and the costs of any third party systems you use for database or business management, whether managed by you or by Bidurk on your behalf. 
   4. If we rely on access to a third-party account under your control to deliver our Agency Services and that account is not available to us for any reason, our fees won’t change however we may not be able to finalise your work in that month. We will not be liable for any loss you suffer in these circumstances.
4. Variations 
   1. You acknowledge that the online environment is constantly changing and that Bidurk may change or amend part of the Training Courses or Agency Services if we believe that something it has offered is no longer effective, no longer available, or there is something better than originally proposed. Bidurk will advise you of any changes before they take effect. 
5. Intellectual Property
   1. Any aggregated data collated as a result of your use of Bidurk’s software remains our intellectual property and we may retain and use that data in any way we see fit, and without any obligation to you. 
   2. Any material you provide to Bidurk for inclusion in your YouTube Channel must not infringe any intellectual property rights or any other rights of any person, or breach any obligation of confidentiality to any person. 
   3. You warrant (promise) that you have all necessary rights and permissions to publish the material that you provide to Bidurk for use in delivering our services, and grant to Bidurk a non-exclusive, irrevocable, royalty-free licence to use that material in delivering the services. We reserve the right not to publish content unless you are able to provide adequate proof of permission to use that material. 
   4. You acknowledge that all preparatory material and unused ideas created by Bidurk during the course of delivering services to you remains the intellectual property of Bidurk and we may use that material in any way we see fit and without obligation to you.  

Agency Services 

6. Agency Services - How does it work?
   1. First, you qualify and set up an account. Then we complete an “X-ray”audit of your YouTube Channel (also known as an audit). You make time to meet with one of our team to discuss the findings, and we will let you know how we can support you with our Agency Services. To qualify you will need to complete a short application and as a minimum:
      1. tell us the name of your YouTube Brand account (personal accounts don’t cut it work with our software but we can provide information about moving from a personal account to a brand account)
      2. confirm that you have at least 25 videos to your YouTube channel that are not YouTube Lives or YouTube Shorts
      3. book an online call with one of our specialists and authorise our specialist as a Manager on your YouTube Channel so that we can complete the X-Ray
      4. attend your online call with our specialist – these usually occur within 3-7 days after you make your application – so they can complete and run through your YouTube Channel X-Ray with you
   2. Based upon the results of your X-ray, our specialist will recommend a services package to you. Choose your package or upgrade your account and get started. We will allocate a member of our team to be your Account Manager, who will then work with you to deliver the package you have purchased. 
   3. Our Agency Services are designed to help you:
      1. understand why some of your videos perform better than others and why
      2. improve the structure and content of your videos
      3. create a strategy for your video campaigns
      4. increase the audience size watching your videos
      5. generate leads and customers profitably with the ability to scale up campaigns
   4. Agency services are ‘done with you’ services. You will still need to create video content for your YouTube Channel. Depending on which agency services you have purchased, our creative team may also provide you with scripts and storyboards and edit your footage, and our advertising team will build and launch your campaigns. 
7. Agency Services - What we do 
   1. We will deliver the services relevant to the Agency Service package you have purchased, with reasonable care and skill and in a timely manner.
   2. The package inclusions are displayed on our website. Depending on which package you purchase, our services may include:
      1. reporting on video performance
      2. recommendations for promotion of your videos
      3. strategic insights 
      4. preparation of video scripts
      5. preparation of video storyboards
      6. video editing and uploading
      7. completing video details on your Channel page
      8. connecting your Channel with your advertising account
      9. designing video advertising campaigns
      10. launching and managing video advertising campaigns
8. Agency Services - Client Responsibilities 
   1. You authorise Bidurk to access your accounts, databases and applications and you agree to provide Bidurk with necessary passwords and all other activities reasonably necessary to complete the Agency Services you have purchased, including access to third-party applications and accounts as required.
   2. If necessary, you authorise Bidurk to create, establish and configure accounts with third party platforms on your behalf to perform the Agency Services. Bidurk will provide you with full login and administration details of any account established on your behalf. You authorise Bidurk to share your details with third party platforms to create accounts and perform the Agency Services. 
   3. You agree to:
      1. co-operate with your Account Manager so that Bidurk can complete the services in a timely and efficient manner, 
      2. create and deliver your created YouTube Channel content in a timely manner,
      3. provide timely responses to information or requests for information, 
      4. inform Bidurk of any changes to account names, passwords, technical setup or any material information which may affect delivery of the Agency Services,  
      5. pay any costs necessary to maintain your third-party accounts and keep your billing details on those accounts up-to-date,
      6. obtain and keep up-to-date virus protection on your computers, web hosting accounts and other electronic hardware, 
      7. review all material supplied by Bidurk to satisfy yourself that it does not infringe third party intellectual property rights, relevant laws or ethical rules applicable to your industry or services, before approving that material for inclusion in your YouTube Channel, and
      8. check the work Bidurk has completed for accuracy in all respects.
9. Agency Services - Abandonment
   1. We rely upon you to provide timely materials and responses to our requests for information.  
   2. If after repeated attempts to begin, continue or finalise the delivery of services you fail to participate or become unresponsive to our emails or phone calls for a period of 30 working days without explanation (abandonment), we may cancel those services at our discretion. 
   3. If the services are terminated due to abandonment, we will remove our access to any third-party services you have authorised us to access, and we will be under no obligation to deliver any material not already uploaded to your YouTube Channel, nor to work with you in the future. 
10. Agency Services - Content Creation 
    1. Bidurk may design, create, write or edit content on your behalf consistent with the package inclusions you have purchased. We may also purchase licenses to use stock images, stock music or stock videos on your behalf.  
    2. All content created by Bidurk will be provided to you for approval, unless clause 7.5 applies. Before giving approval, you will have up to two (2) opportunities to ask for revision. 
    3. To request a revision: 
       1. You have five (5) days to provide changes and comments after we send work to you for approval. If you do not provide a response, we will proceed as if no changes are required (‘deemed approval’).  
       2. Changes and comments must be provided in writing. 
       3. Changes and comments must be provided in one complete written brief and not multiple emails.  
       4. We will consider each communication about changes as a separate round. Revisions provided after the second round of comments are outside of the scope of our Agency Services and will NOT be completed. 
    4. You may authorise us to create content and conduct campaigns on your behalf without your direct involvement. We will carry out the work consistently with the objectives you have told us, and any work completed for you in the past. We act as your agent in this process, and you indemnify Bidurk against any liability (including legal fees and costs) threatened or actual, arising from that work.     
    5. In consideration for the Agency Service fees paid by you each month, all intellectual property rights in the final displayed content created by Bidurk on your behalf, will transfer to you automatically upon upload to, or publication on your YouTube Channel.  
11. Agency Services - How you can Request Changes 
    1. We will propose changes to your marketing strategy, or additional campaigns, for your approval prior to implementation. You have five (5) days to provide changes and comments after we send work to you for approval. If you do not provide a response, we will proceed as if no changes are required (‘deemed approval’).  
    2. If you make changes to your YouTube Channel settings or any content Bidurk has created for you without Bidurk’s express written agreement, this could negatively affect your results and costs.  Bidurk will not be liable for any loss or damage arising as a result of your changes.  
12. Agency Services - Performance Expectations 
    1. You will notice from our X-Ray audit reports that many factors influence the performance of videos on YouTube. YouTube applies unknown variables, algorithms and indexing decisions in the delivery of its services that can change at any time. We also remain reliant upon you to produce video content consistent with our recommendations. Those factors are outside the control of Bidurk.
    2. Bidurk Agency Services are designed to improve the performance of your videos, but we cannot promise our efforts will be successful due to factors outside our control. 

Training Courses

13. Training Courses - How does it work?
    1. All Training Courses are delivered online only. Payment is required in advance. 
    2. Customers who purchase a Training Course will receive login details to get started as soon as your purchase has been processed. 
    3. Training Courses may be accessed on more than one device, however you will gain the best experience on a desktop rather than mobile device. You are responsible for your telecommunication, internet and equipment costs necessary to access the Training Course purchased by you.
    4. Training Courses are self-paced and available for access for 12 months from the date of purchase. All content is available to you as soon as you login. 
    5. It is your responsibility to access and make use of the Training Courses we make available. Access will end after 12 months, whether you have completed the training or not. Individual components of our Training Courses are not redeemable, transferable, or interchangeable if you are unable to, or do not use them during the term of the course.
    6. Training Courses include access to our proprietary analytical software, "Bidurk" which delivers insights into what works and doesn’t on your YouTube Channel. Once you login to the Training Course you will receive directions on how to access our software and link it to your YouTube channel, including agreeing to our EULA [https://www.bidurk.com/EULA].
14. Training Courses – What we do
    1. We will deliver the Training Courses in a professional and competent manner. 
    2. We aim to update content in a timely fashion to reflect changes in YouTube from time to time. 
15. Training Courses – Customer Responsibilities
    1. You agree to keep your Training Course and Bidurk software username and password secure and not to share access to our Training Courses. You are solely responsible and liable for any loss or damage to Bidurk arising out of the use of your login details or online access to our services or any third-party services. 
    2. You acknowledge that Bidurk makes no guarantee that you will achieve particular results from completing our Training Course. 
    3. You acknowledge that the results you achieve as a result of your participation in our Training Courses are your responsibility. We can make available the courses to teach you skills, but it is up to you to apply those skills to your YouTube Channel to get results.
    4. As a condition of your participation in a Training course, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by our terms. You may not use our online services in any manner which could damage, disable, overburden, or impair our website or Bidurk software or interfere with any other party's use and enjoyment of our Training Courses. You agree not to hack into areas of the website that are not intentionally made available by us.
16. Access 
    1. You may access our Training Courses on more than one device. If we suspect you have shared your log-in details and reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to restrict your access with no refund of any payments and may also prohibit you from future access.
    2. When you access to our Training Course comes to an end, your access to the Bidurk software will also end. Any data available to you during the Training Course generated as a result of using that program will be lost unless you have downloaded copies of that data or generated reports. Bidurk will not be liable for the loss of any data when your access comes to an end.