Terms & Conditions

These Terms & Conditions apply to your use of the Melbourne Marketing Agency website and to services supplied by Melbourne Marketing Agency, referred to in these terms as “we”, “us” or “our”. By using this website, requesting a proposal or engaging us, you agree to these terms.

If you are accepting these terms for a company or other organisation, you confirm that you have authority to bind that organisation. If a signed agreement or statement of work conflicts with these terms, the signed document will apply to the relevant engagement to the extent of the inconsistency.

We provide digital marketing and growth services, which may include search engine optimisation, answer engine optimisation, generative engine optimisation, paid advertising, social media marketing, content marketing, email automation, conversion rate optimisation and online reputation management.

The scope, deliverables, timing, assumptions and fees for an engagement will be set out in the relevant proposal, statement of work or written confirmation. We will use reasonable care and skill to deliver the agreed services, but marketing performance depends on factors outside our control and no specific ranking, traffic, lead or revenue result is guaranteed unless expressly agreed in writing.

To help us deliver the services effectively, you agree to:

• provide accurate, complete and timely information, access and approvals;
• ensure that materials, instructions and claims you provide are lawful and do not infringe another person’s rights;
• appoint a suitable contact who can provide feedback and make decisions; and
• review deliverables and tell us promptly about any error or requested change.

We are not responsible for delay, additional work or performance issues caused by incomplete information, delayed approvals, changes in direction or access not being provided when required.

Fees, advertising budgets, taxes, payment dates and billing arrangements will be stated in the relevant proposal or invoice. Unless a different period is agreed in writing, invoices are payable within 14 days of issue.

You are responsible for third-party advertising spend, platform charges, software subscriptions and other approved external costs. If an invoice is overdue, we may pause work after giving reasonable notice. Pausing work does not remove your obligation to pay amounts already due or approved costs already incurred.

Each party keeps ownership of materials, systems, templates, processes, trademarks and content it owned before the engagement. Unless your proposal says otherwise, we retain ownership of our pre-existing methods, know-how, templates and working files.

Once all agreed fees have been paid, you receive the rights to use the final, client-specific deliverables created for you for your business purposes. Third-party materials, fonts, stock assets, software and platform content remain subject to their own licences and terms.

Each party must protect confidential information received from the other party and use it only for the engagement. This obligation does not apply to information that is public, independently developed, already known without restriction or required to be disclosed by law.

We handle personal information in accordance with our Privacy Policy and applicable privacy laws. You must ensure that you have the necessary rights and notices to share personal information with us for the agreed work.

Our work may use third-party platforms such as search engines, advertising networks, social networks, analytics tools, email providers and website software. Those platforms may change their policies, functionality, availability, algorithms or pricing without notice.

We will take reasonable steps to manage the services we control, but we are not responsible for a third party’s outage, suspension, policy decision, data loss, account restriction or change in performance. You remain responsible for complying with the terms of platforms you use.

Nothing in these terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified, including consumer guarantees under the Australian Consumer Law.

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill, data or anticipated savings arising from the services. Our total liability for a claim relating to an engagement is limited, at our option, to supplying the relevant services again or paying the reasonable cost of having those services supplied again.

This section does not limit liability for fraud, wilful misconduct, personal injury or any other liability that cannot legally be limited.

Either party may end an engagement in accordance with the notice period in the relevant proposal or service agreement. If no notice period is stated, either party may give 30 days’ written notice.

We may suspend or end an engagement immediately where there is a serious breach, unlawful instruction, non-payment, insolvency or a material risk to our people, systems or reputation. On ending an engagement, you must pay for services performed and approved costs incurred up to the end date.

We may update these website terms from time to time by publishing a revised version on this page. The updated terms apply from the date shown above. Changes to an existing client engagement will only apply where agreed in writing or where the change is required by law.

These terms are governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria and courts entitled to hear appeals from them, except where a different jurisdiction is required by law.

If you have a question about these terms, your engagement or a concern about our services, please contact us before taking further action so we can work through it with you.