Terms of Engagement

These Terms of Engagement (Terms) govern your access to and use of advantagedigitalmarketing.com.au (the Site) and any preliminary discussion, proposal, or engagement with Advantage Digital Marketing Pty Ltd (ABN to be confirmed) trading as Advantage Digital (we, us, our).

By using this Site or engaging us, you agree to these Terms. If you do not agree, please do not use the Site or proceed with an engagement.

1. Definitions

• Client — the person or entity that commissions us to deliver Services under a Contract.
• Contract — a written and counter-signed engagement agreement, statement of work, or proposal acceptance that sets out the scope, fees, timing, and terms of a specific engagement.
• Deliverables — the items of work product (designs, code, written content, configurations, documentation) we produce for a Client under a Contract.
• Services — design, development, integration, AI automation, consulting, and related services we provide.
• Third-Party Platform — any software, hosting, API, plugin, model, or service produced or operated by a party other than us (for example, GoHighLevel, OpenAI, Stripe, AWS, Shopify, WordPress).

2. Acceptance of these terms

These Terms apply from the moment you access the Site, submit an enquiry, or request a proposal. Where a Contract exists, the Contract prevails over any inconsistency with these Terms. Where the Contract is silent, these Terms apply.

3. Use of this website

Content on this Site is provided for general information about us and our work. We aim for accuracy but make no warranty as to the completeness, currency, or suitability of any content for a specific purpose. You must not:

• use the Site in any way that breaches applicable law or infringes the rights of others;
• attempt to gain unauthorised access to the Site, its supporting systems, or any data;
• scrape, harvest, or systematically extract content from the Site for the purpose of training a machine-learning model or building a competing service without our written consent;
• misrepresent your identity or affiliation when contacting us through the Site.

4. Website intellectual property

The Site — including its design, layout, code, copy, photography, illustrations, video, brand marks, and the “Advantage Digital” name and logo — is owned by Advantage Digital Marketing Pty Ltd or used under licence. All rights are reserved unless otherwise stated.

Client logos, names, and trademarks shown in case studies and elsewhere remain the property of their respective owners and are reproduced with permission for the purpose of identifying our work.

You may view, share links to, and quote short excerpts of the Site for personal or non-commercial purposes with attribution. Republishing substantial portions of our written content, code samples, or visual work without written permission is not permitted.

5. How an engagement starts

Initial conversations, indicative pricing, briefs, and proposals do not, by themselves, create a contract. An engagement begins only once a written Contract has been signed by both parties (or a written acceptance of a proposal has been received and acknowledged) and any required deposit has been paid.

Until that point, either party may walk away without obligation, other than obligations of confidentiality that have arisen during the discussion.

6. Intellectual property in client work

The IP position for any specific engagement is set out in the relevant Contract. In the absence of a contrary written agreement, the position under Australian copyright law applies: copyright in commissioned software, designs, written content, and other Deliverables vests in the creator (us), and the Client receives a perpetual, non-exclusive licence to use the Deliverables for the purpose for which they were commissioned.

Where a Contract provides for assignment of IP to the Client, that assignment takes effect on payment in full of the agreed fees and is documented in the Contract. We are happy to discuss IP and licensing arrangements as part of scoping any engagement.

We retain ownership of pre-existing tools, libraries, frameworks, internal templates, generic snippets, and know-how used to deliver an engagement. The Client receives a licence to use these as embedded in the Deliverables. Nothing in any Contract restricts our ability to re-use such pre-existing components on other engagements.

Subject to any confidentiality obligations and unless the Contract says otherwise, we may reference the engagement at a high level in our portfolio, case studies, and marketing material, including the Client’s name and logo.

7. Fees, quotes & invoicing

Fees are quoted in Australian dollars and exclude GST unless stated otherwise. Quotes are valid for 30 days from issue. Specific payment milestones, deposits, invoicing cadence, and payment terms are set out in each Contract.

Standard practice is a deposit on commencement, milestone-based invoicing through the project, and 14-day payment terms unless agreed otherwise. Overdue invoices may attract interest at the rate set out in the Contract or, in the absence of one, at the rate prescribed under the Late Payment of Commercial Debts Act equivalent applicable in South Australia.

8. Confidentiality

We will treat business, technical, financial, and customer information shared with us during scoping or an engagement as confidential, and use it only for the purpose of evaluating or delivering the engagement. The same obligation applies to information you share with us through this Site.

Confidentiality obligations do not apply to information that is or becomes public through no fault of ours, was already known to us, or is required to be disclosed by law. We are willing to enter into a separate non-disclosure agreement on reasonable terms where requested.

9. Third-party platforms & services

Our Services frequently involve Third-Party Platforms. We are not the operator of those platforms and do not warrant their availability, performance, security, data handling, or pricing. Use of a Third-Party Platform is subject to that platform’s own terms of service, which the Client is responsible for reviewing and accepting.

Where we recommend a Third-Party Platform we do so based on fit for the Client’s requirements at the time. Changes to a Third-Party Platform’s terms, functionality, pricing, or API behaviour after the engagement are outside our control and may require additional work to address.

10. Warranties & disclaimers

We warrant that we will perform Services with reasonable care and skill, and that Deliverables will substantially conform to the agreed scope as described in the Contract for a defined warranty period (typically 30 days from acceptance, or as specified).

Except for the warranty above and any non-excludable rights under applicable law, the Site, the Services, and the Deliverables are provided “as is”. We do not warrant that the Site or any Deliverable will be uninterrupted, error-free, secure against every conceivable threat, or fit for any particular purpose beyond the purpose described in the Contract.

11. Australian Consumer Law

Nothing in these Terms or any Contract excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law.

Where we are permitted to limit our liability for breach of a non-excludable consumer guarantee, our liability is limited (at our option) to re-supplying the Services or paying the cost of having the Services re-supplied.

12. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Site, the Services, the Deliverables, or these Terms (whether in contract, tort, statute, or otherwise) is limited to the fees actually paid by the Client to us under the relevant Contract in the twelve (12) months preceding the event giving rise to the claim.

We are not liable for indirect, consequential, incidental, special, or punitive loss or damage, including loss of profit, revenue, business opportunity, anticipated savings, goodwill, or data, even if we were advised that such loss was possible.

13. Indemnity

The Client indemnifies us against third-party claims arising from content, data, materials, or instructions the Client supplies to us where those infringe the rights of a third party or breach applicable law, except to the extent caused or contributed to by our breach of the Contract.

14. Suspension & termination

Either party may terminate a Contract on written notice if the other party materially breaches the Contract and fails to remedy the breach within fourteen (14) days of being notified. We may suspend Services if invoices are overdue beyond the agreed payment terms.

On termination, the Client must pay for all Services performed and reasonable costs committed up to the date of termination. Licences in Deliverables granted under a Contract are conditional on payment in full and are revocable to the extent of any unpaid amounts.

15. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of government, civil unrest, large-scale outages of Third-Party Platforms, or material disruption to telecommunications. The affected party will give prompt notice and use reasonable efforts to resume performance.

16. Changes to these terms

We may update these Terms from time to time. The version published on this page is the current version and applies from the “Last updated” date shown above. For ongoing engagements, the version of these Terms in force at the date the Contract was signed continues to apply for that engagement unless the parties agree otherwise in writing.

17. Governing law

These Terms are governed by the laws of South Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia and the courts competent to hear appeals from those courts.

18. Contact

Questions about these Terms or any engagement framework can be sent to hello@advantagedigitalmarketing.com.au.

These Terms are written in plain English for readability. They are not a substitute for legal advice. If you require advice on whether and how these Terms (or any Contract with us) apply to your specific situation, please consult a qualified Australian legal practitioner.