Last Updated: 26/02/2025
Welcome to Digital Specialist. These Terms and Conditions govern your use of our website (https://digitalspecialist.com.au/) and our digital marketing services, including but not limited to SEO, website design, PPC advertising, social media management, and content marketing. By engaging with our services, you agree to be bound by these terms. If you do not agree, please refrain from using our services.
1. Definitions
- “Company,” “we,” “our,” or “us” refers to Digital Specialist.
- “Client” or “you” refers to any individual or business engaging with our services.
- “Services” includes SEO, website development, social media management, content creation, PPC management, and all other digital marketing solutions provided by Digital Specialist.
- “Agreement” refers to these Terms and Conditions and any associated proposal, contract, or invoice.
2. Services and Deliverables
2.1 Scope of Services
Digital Specialist agrees to provide digital marketing services as outlined in a written agreement, proposal, or contract. Services may include but are not limited to:
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) Advertising
- Social Media Marketing and Management
- Website Development and Design
- Content Marketing
- Email Marketing
- Conversion Rate Optimization
- Digital Strategy Consulting
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any of our services at any time. If changes impact an ongoing project, we will notify the client in advance.
3. Client Responsibilities
3.1 Information and Access
Clients must provide all necessary materials, credentials, and approvals required for us to perform our services. Delays in receiving information from the client may impact project timelines.
3.2 Compliance
Clients are responsible for ensuring that the content provided does not violate any third-party rights, intellectual property laws, or Australian legal requirements.
4. Payments, Fees, and Refunds
4.1 Payment Terms
- All fees are payable as per the agreed proposal or invoice.
- A deposit may be required before work commences.
- Full payment is required before the final delivery of digital assets.
4.2 Late Payments
Late payments may result in service suspension. Unpaid invoices beyond 30 days may incur a late fee.
4.3 Refund Policy
Due to the nature of digital marketing and service-based projects, we do not offer refunds once work has commenced. If a project is terminated before completion, a prorated fee may be charged based on work completed.
5. Intellectual Property Rights
5.1 Ownership
Upon full payment, clients will own the final digital assets created by Digital Specialist. However, we retain the right to use work samples for portfolio purposes unless agreed otherwise.
5.2 Third-Party Materials
Any third-party software, plugins, or stock images used will be subject to their respective licensing agreements.
6. Confidentiality and Data Protection
6.1 Confidentiality
Both parties agree to keep confidential any proprietary or sensitive business information exchanged during the course of the project.
6.2 Data Protection
We comply with the Australian Privacy Act 1988 and GDPR (where applicable) to protect client data.
7. Warranties and Liability
7.1 No Guarantee of Results
While we use industry best practices, we do not guarantee specific SEO rankings, conversion rates, or other performance metrics as results depend on various external factors.
7.2 Limitation of Liability
Digital Specialist will not be liable for any direct, indirect, incidental, or consequential damages arising from the use of our services.
8. Termination and Cancellation
8.1 Termination by Client
Clients may terminate services with a written notice. Fees for work completed up to the termination date will still apply.
8.2 Termination by Digital Specialist
We reserve the right to terminate any service if the client breaches these terms, fails to make payments, or engages in unethical business practices.
9. Dispute Resolution
Any disputes will first be attempted to be resolved through mediation. If not resolved, legal proceedings will be subject to the jurisdiction of Australian courts.
10. Amendments
We may update these Terms and Conditions periodically. Clients will be notified of significant changes.
For any queries regarding these terms, contact us at [relationshipmanager@digitalspecialist.com.au] or call us at [0432 432 642].