Terms of Service

Introduction

Welcome to MARKETAG PTY LTD (ACN 111 383 772, ABN 24 111 383 772). These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our website or services.

1. Definitions

In these Terms:

• "Company," "we," "our," or "us" refers to MARKETAG PTY LTD (ACN 111 383 772, ABN 24 111 383 772)
• "Client," "you," or "your" refers to the individual or entity using our services
• "Services" refers to all digital marketing, SEO optimization, website design, and related services provided by us
• "Website" refers to our website and all associated pages
• "Agreement" refers to any contract or engagement between you and the Company
• "Deliverables" refers to work products, materials, or results provided under an Agreement

2. Use of Website

2.1 Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Transmit any malicious code, viruses, or harmful content
• Engage in any activity that interferes with or disrupts the website
• Copy, reproduce, or distribute website content without permission
• Use automated systems to access the website without consent

2.2 Intellectual Property

All content on our website, including text, graphics, logos, designs, and code, is the property of MARKETAG PTY LTD and is protected by Australian and international copyright laws. Unauthorized use is prohibited.

3. Services

3.1 Service Scope

We provide professional digital marketing, SEO optimization, and website design services. The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate written Agreement or proposal.

3.2 Service Engagement

To engage our services:

1. Contact us through our website, email, or phone
2. Discuss your requirements during a consultation
3. Review and accept our proposal or agreement
4. Complete payment as per agreed terms
5. Work begins upon confirmation of payment and signed agreement

3.3 Client Responsibilities

To ensure successful service delivery, clients must:

• Provide accurate and complete information
• Respond to requests for information or feedback in a timely manner
• Provide necessary access to systems, platforms, or accounts
• Review and approve deliverables within agreed timeframes
• Make timely payments according to the agreement
• Comply with all applicable laws and regulations

4. Payment Terms

4.1 Fees and Pricing

Service fees will be specified in your proposal or agreement. All prices are in Australian Dollars (AUD) unless otherwise stated and are exclusive of GST where applicable.

4.2 Payment Schedule

Payment terms will be outlined in your agreement and may include:

• Upfront deposits (typically 50% for new clients)
• Milestone payments based on project progress
• Final payment upon completion
• Monthly retainers for ongoing services

4.3 Late Payments

Invoices are due within the timeframe specified (typically 7-14 days). Late payments may incur:

• Interest charges at the rate permitted by law
• Suspension of services until payment is received
• Collection costs and legal fees

4.4 Refunds

Refund policies will be specified in your agreement. Generally:

• Deposits are non-refundable once work has commenced
• Completed work is non-refundable
• Partial refunds may be considered for undelivered work
• Disputes should be raised within 14 days of delivery

5. Intellectual Property Rights

5.1 Client Materials

You retain ownership of all materials, content, and information you provide to us. By providing these materials, you grant us a license to use them solely for delivering the agreed services.

5.2 Deliverables

Upon full payment, you receive ownership of the final deliverables as specified in your agreement. This typically includes:

• Custom website designs and code developed specifically for you
• Original content created for your project
• Marketing materials commissioned for your use

5.3 Company Property

We retain ownership of:

• Our proprietary tools, processes, and methodologies
• Templates, frameworks, and reusable components
• Pre-existing intellectual property
• Knowledge and experience gained

5.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to:

• Display completed work in our portfolio
• Use project details as case studies
• Reference you as a client (with permission)

6. Confidentiality

We respect the confidentiality of your business information. We agree to:

• Keep confidential information secure and private
• Use confidential information only for service delivery
• Not disclose confidential information without permission
• Return or destroy confidential information upon request

This obligation does not apply to information that is:

• Already publicly available
• Independently developed by us
• Required to be disclosed by law
• Disclosed with your consent

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• We have the right to provide the services
• Services will comply with applicable laws
• Deliverables will substantially conform to specifications

7.2 Disclaimer

To the extent permitted by law, we disclaim all other warranties, whether express or implied. Specifically:

• We do not guarantee specific results or rankings
• Digital marketing and SEO results depend on many factors beyond our control
• Third-party platforms may change policies or algorithms
• The website is provided "as is" without warranty of any kind

8. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability for any claim is limited to the fees paid for the specific service giving rise to the claim
• We are not liable for indirect, consequential, or special damages
• We are not liable for lost profits, revenue, or business opportunities
• We are not liable for third-party actions or platform changes
• We are not liable for delays caused by circumstances beyond our control

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Termination

9.1 Termination by Client

You may terminate services by providing written notice. Upon termination:

• You remain liable for fees for work completed
• Deposits and payments for completed work are non-refundable
• You will receive deliverables for work paid in full

9.2 Termination by Company

We may terminate services if:

• You breach these Terms or your agreement
• Payment is significantly overdue
• You provide false or misleading information
• Continuation would violate laws or regulations
• The working relationship becomes untenable

9.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• Access to our systems and services will be revoked
• We will return client materials as requested
• Confidentiality obligations continue

10. Indemnification

You agree to indemnify and hold harmless MARKETAG PTY LTD, its directors, employees, and agents from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your violation of any law or regulation
• Content or materials you provide
• Your use of our deliverables
• Third-party claims related to your business

11. Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including:

• Natural disasters
• Pandemics or health emergencies
• Government actions or regulations
• Internet or telecommunications failures
• Third-party platform outages
• Labor disputes or strikes

12. Dispute Resolution

12.1 Negotiation

In the event of a dispute, parties agree to first attempt resolution through good-faith negotiation.

12.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing legal action.

12.3 Governing Law

These Terms are governed by the laws of Australia. Any legal proceedings must be brought in the courts of the state or territory where our business is registered.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any signed agreement or proposal, constitute the entire agreement between parties and supersede all prior discussions or agreements.

13.2 Amendments

We reserve the right to update these Terms at any time. Changes will be posted on our website with an updated "Last Updated" date. Continued use of services after changes constitutes acceptance.

13.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

13.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

13.5 Assignment

You may not assign or transfer your rights or obligations without our written consent. We may assign these Terms to any successor or affiliated entity.

13.6 Notices

All notices must be in writing and sent to the contact details provided in these Terms or your agreement.

14. Australian Consumer Law

If you are a consumer under the Australian Consumer Law (ACL), you may have rights and remedies that cannot be excluded or limited. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the ACL or any other applicable law that cannot lawfully be excluded, restricted, or modified.

15. Contact Information

For questions about these Terms of Service, please contact us:

Acceptance of Terms

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.