Terms of Service

1. Acceptance of Terms

Welcome to Digital Growth Experts (ABN: 74 649 452 077). These Terms of Service ("Terms") govern your access to and use of our website, digital marketing services, and related business offerings.

By accessing our website at digitalgrowthexperts.com.au, engaging our services, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

These Terms should be read in conjunction with our Privacy Policy and Cookie Policy, which form an integral part of our agreement with you.

2. Definitions

In these Terms of Service, the following definitions apply:

• "Digital Growth Experts," "we," "us," "our": Refers to Digital Growth Experts (ABN: 74 649 452 077)
• "Client," "you," "your": Refers to the individual or business engaging our services
• "Services": Digital marketing services including SEO, content marketing, PPC advertising, social media management, web design, and related offerings
• "Service Agreement": The formal contract between Digital Growth Experts and the Client outlining specific service deliverables
• "Website": digitalgrowthexperts.com.au and all associated pages
• "Deliverables": Work products, reports, content, campaigns, or other outputs provided as part of our Services
• "Intellectual Property": All copyrights, trademarks, patents, trade secrets, and other proprietary rights
• "ACL": Australian Consumer Law under the Competition and Consumer Act 2010

3. Our Services

Digital Growth Experts provides professional digital marketing services to businesses across Australia and internationally. Our core service offerings include:

3.1 Service Categories

• Search Engine Optimization (SEO): On-page optimization, technical SEO, link building, local SEO, content optimization
• Content Marketing: Content strategy, blog writing, copywriting, video content, content distribution
• Pay-Per-Click (PPC) Advertising: Google Ads management, social media advertising, display advertising, remarketing campaigns
• Social Media Management: Strategy development, content creation, community management, paid social advertising
• Web Design and Development: Website design, landing pages, e-commerce solutions, website maintenance
• Email Marketing: Email campaigns, automation, newsletter management, list building
• Digital Strategy: Marketing audits, competitor analysis, strategy development, performance reporting

3.2 Service Customization

Our digital marketing services are tailored to each client's unique needs. Specific service details, deliverables, timelines, and pricing are outlined in individual Service Agreements or proposals.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice to active clients of any material changes affecting their service agreements.

4. Client Responsibilities

To ensure successful delivery of our digital marketing services, clients agree to the following responsibilities:

4.1 Information and Access

• Provide accurate and complete information about your business, target audience, and marketing goals
• Grant timely access to necessary accounts, platforms, and systems (Google Analytics, Google Ads, social media accounts, website backend)
• Provide brand assets, content materials, and resources required for service delivery
• Respond to requests for feedback, approvals, and information within agreed timeframes

4.2 Content and Materials

• Ensure all content, images, and materials provided to us are legally owned or licensed for use
• Verify accuracy of information included in marketing campaigns and website content
• Approve final content before publication (where applicable under the Service Agreement)

4.3 Compliance

• Comply with all applicable laws, regulations, and industry standards
• Ensure your business holds necessary licenses and permits
• Adhere to platform policies (Google Ads, Facebook, LinkedIn, etc.)
• Not engage in deceptive, fraudulent, or illegal business practices

4.4 Communication

• Maintain regular communication with our team
• Respond to emails and requests within reasonable timeframes
• Attend scheduled meetings and strategy sessions
• Provide constructive feedback on deliverables

5. Service Agreements and Engagement

5.1 Proposal and Acceptance

Engagement with Digital Growth Experts begins with a formal proposal outlining:

• Scope of digital marketing services
• Deliverables and timelines
• Pricing and payment terms
• Contract duration and renewal terms

Services commence upon written acceptance of the proposal and receipt of initial payment (if applicable).

5.2 Service Term

Service Agreements may be structured as:

• Project-Based: Fixed scope with defined completion date
• Monthly Retainer: Ongoing services with month-to-month or fixed-term contracts
• Hourly Consulting: Services billed based on time spent

5.3 Service Level Expectations

We strive to deliver high-quality digital marketing services that meet agreed-upon standards. Specific performance metrics, reporting schedules, and communication protocols are detailed in individual Service Agreements.

6. Payment Terms and Fees

6.1 Pricing

Pricing for digital marketing services is outlined in your Service Agreement or proposal. All prices are quoted in Australian Dollars (AUD) and exclude GST unless otherwise stated.

6.2 Payment Schedule

Payment terms depend on the service type:

• Project-Based Services: Typically 50% upfront, 50% upon completion (or as specified in proposal)
• Monthly Retainer Services: Payment due at the beginning of each month or as per agreed billing cycle
• Hourly Services: Invoiced monthly based on hours worked

6.3 Payment Methods

We accept payment via:

• Bank transfer (EFT)
• Credit card (processing fees may apply)
• PayPal or other approved payment platforms

6.4 Late Payment

Invoices are due within 14 days of issue date unless otherwise agreed. Late payments may incur:

• Interest charges as permitted by law
• Suspension of services until payment is received
• Termination of the Service Agreement for repeated non-payment

6.5 Additional Costs

Unless included in your Service Agreement, additional costs may apply for:

• Advertising Spend: Google Ads, Facebook Ads, and other paid media budgets (billed separately or added to invoices)
• Third-Party Tools: Premium software subscriptions, stock images, plugins
• Out-of-Scope Work: Requests beyond the agreed scope of services

6.6 Refund Policy

Due to the nature of digital marketing services, refunds are generally not provided for work already completed. Refund eligibility is assessed on a case-by-case basis in accordance with Australian Consumer Law (see Section 13).

7. Intellectual Property Rights

7.1 Client-Owned Materials

You retain all intellectual property rights to materials you provide to us, including:

• Brand logos, trademarks, and brand guidelines
• Existing content, images, and marketing materials
• Product information and proprietary business data

You grant us a non-exclusive license to use these materials solely for delivering the agreed Services.

7.2 Work Product Ownership

Upon full payment of fees, you will own the deliverables specifically created for you under the Service Agreement, including:

• Custom website designs and web pages
• Written content (blog posts, articles, website copy)
• Graphics, images, and visual assets created specifically for your brand
• Marketing campaign materials developed exclusively for your use

7.3 Digital Growth Experts Retained Rights

We retain ownership of:

• Methodologies and Processes: Our proprietary strategies, frameworks, and workflows
• Templates and Tools: Pre-existing templates, tools, and resources used in service delivery
• Knowledge and Expertise: General knowledge, skills, and experience gained
• Analytics Data: Aggregated, anonymized performance data for research and benchmarking

7.4 Third-Party Licenses

Some deliverables may incorporate third-party assets (stock images, fonts, software plugins) subject to their own licensing terms. You are responsible for ensuring compliance with these licenses.

7.5 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to showcase our work in our portfolio, case studies, and marketing materials. We will not disclose confidential information without your consent.

8. Confidentiality

8.1 Confidential Information

Both parties agree to protect confidential information shared during the business relationship, including:

• Business strategies, marketing plans, and proprietary processes
• Financial information, pricing, and payment details
• Customer data, email lists, and contact databases
• Login credentials, passwords, and access information
• Trade secrets and proprietary technology

8.2 Non-Disclosure Obligations

We will not disclose your confidential information to third parties without your written consent, except:

• To trusted service providers bound by confidentiality obligations
• When required by law or legal process
• To enforce our rights under these Terms

8.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available or becomes public through no breach of this agreement
• Was already known to the receiving party before disclosure
• Is independently developed without use of confidential information

9. Warranties and Disclaimers

9.1 Our Warranties

Digital Growth Experts warrants that:

• Services will be performed with reasonable skill and care consistent with industry standards
• We have the right and authority to provide the Services
• We will comply with applicable Australian laws and regulations

9.2 No Guarantee of Results

Digital marketing services involve variables beyond our control, including search engine algorithms, platform policies, market conditions, and competitor actions. While we use best practices and proven strategies, we do not guarantee specific results such as:

• Search engine rankings or organic traffic increases
• Lead generation volumes or conversion rates
• Sales revenue or ROI outcomes
• Social media follower growth or engagement metrics

Performance estimates provided in proposals are projections based on experience and data analysis, not guarantees.

9.3 Website Disclaimer

Our website is provided "as is" without warranties of any kind. We do not warrant that:

• The website will be uninterrupted, error-free, or secure
• Information on the website is always accurate or current
• Defects will be corrected immediately

9.4 Third-Party Platforms

We are not responsible for changes, disruptions, or policies of third-party platforms (Google, Facebook, LinkedIn, etc.) that may affect campaign performance or service delivery.

10. Limitation of Liability

10.1 Liability Cap

To the maximum extent permitted by law (subject to Australian Consumer Law in Section 13), our total liability for any claim arising from these Terms or the Services is limited to the total fees paid by you in the 12 months preceding the claim.

10.2 Excluded Damages

We are not liable for indirect, incidental, consequential, or special damages, including:

• Lost profits, revenue, or business opportunities
• Loss of data or business interruption
• Reputational damage
• Third-party claims

10.3 Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet outages, or third-party platform disruptions.

10.4 Australian Consumer Law Protection

Nothing in these Terms excludes, restricts, or modifies rights you may have under the Australian Consumer Law or other applicable consumer protection laws. See Section 13 for details.

11. Indemnification

You agree to indemnify, defend, and hold harmless Digital Growth Experts, our employees, contractors, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms or the Service Agreement
• Your violation of any law, regulation, or third-party rights
• Content, materials, or information you provide to us
• Your use of deliverables in ways not authorized or intended
• Claims that materials you provided infringe intellectual property rights

12. Termination

12.1 Termination by Client

You may terminate the Service Agreement by providing written notice as specified in your contract (typically 30 days for retainer services). Termination obligations include:

• Payment for all work completed up to the termination date
• Payment for any outstanding invoices
• Return or destruction of our confidential information

12.2 Termination by Digital Growth Experts

We may terminate the Service Agreement immediately if:

• You fail to pay invoices after 30 days from due date
• You breach these Terms or the Service Agreement
• You engage in illegal, fraudulent, or unethical business practices
• The working relationship becomes untenable

12.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• We will cease work on active projects
• You will receive deliverables for paid work completed to date
• Access to accounts and platforms will be revoked or transferred
• Confidentiality obligations continue indefinitely
• Intellectual property rights remain as specified in Section 7

12.4 No Refunds on Termination

Except as required by Australian Consumer Law, no refunds are provided for work already completed or retainer fees already paid at the time of termination.

13. Australian Consumer Law

13.1 Consumer Guarantees

Our services come with consumer guarantees under the Australian Consumer Law (ACL) that cannot be excluded. These guarantees include:

• Services will be provided with due care and skill
• Services will be fit for purpose if you specify a particular purpose
• Services will be delivered within a reasonable time if no time is specified
• Any products supplied will be of acceptable quality

13.2 Remedies for Failure

If we fail to meet a consumer guarantee, you are entitled to remedies under the ACL, which may include:

• Rectification of the problem at no extra cost
• Partial or full refund
• Compensation for losses

13.3 Liability Not Excluded

Nothing in these Terms of Service limits or excludes your rights under the Australian Consumer Law. To the extent permitted by law, our liability for breach of non-excludable consumer guarantees is limited to:

• Re-supplying the services, or
• Paying the cost of having the services re-supplied

13.4 More Information

For more information about your rights under the Australian Consumer Law, visit:

• ACCC Website: Australian Consumer Law Information
• Phone: 1300 302 502 (ACCC Infocentre)

14. Dispute Resolution

14.1 Good Faith Negotiation

If a dispute arises between you and Digital Growth Experts, both parties agree to first attempt to resolve the matter through good faith negotiation.

14.2 Mediation

If negotiation does not resolve the dispute within 30 days, both parties agree to participate in mediation through a mutually agreed mediator or mediation service before pursuing legal action.

14.3 Legal Action

If mediation is unsuccessful, either party may pursue legal remedies through Australian courts as outlined in Section 15.

14.4 Costs

Each party will bear their own costs for dispute resolution unless otherwise awarded by a court or tribunal.

15. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of Australia and the state or territory where Digital Growth Experts conducts business. Both parties submit to the exclusive jurisdiction of the courts of Australia for resolution of any disputes.

These Terms are subject to:

• Australian Consumer Law under the Competition and Consumer Act 2010
• Privacy Act 1988 and Australian Privacy Principles
• Other applicable Australian federal and state laws

16. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to this page with an updated "Last Updated" date.

For existing clients with active Service Agreements, material changes will be communicated via email at least 30 days before taking effect. Continued use of our services after changes indicates acceptance of the modified Terms.

If you do not agree with modified Terms, you may terminate the Service Agreement in accordance with Section 12.

17. General Provisions

17.1 Entire Agreement

These Terms, together with your Service Agreement, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and Digital Growth Experts and supersede all prior agreements or understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver

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

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of assets.

17.5 Independent Contractors

The relationship between you and Digital Growth Experts is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

17.6 Notices

All notices under these Terms must be in writing and sent to the contact information provided in Section 18. Notices are deemed received:

• Immediately if sent by email (with confirmation of receipt)
• 3 business days if sent by post

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact:

We aim to respond to all inquiries within 2-3 business days.