Terms & Conditions

1. About these terms

These Terms & Conditions (Terms) apply to your use of marketingtogether.com (the Website) and to any services you buy from us. The Website is operated by Smart Australia Developments Pty Ltd (ABN 95 138 740 600) trading as Marketing Together, of 63 Railway Street, Mudgeeraba QLD 4213, Australia (Marketing Together, we, us, our).

By using the Website or engaging our services, you agree to these Terms. If you do not agree, please do not use the Website.

2. Changes to these terms

We may update these Terms from time to time by publishing a new version on the Website. The updated Terms apply from the date they are published. Changes will not affect a signed service agreement unless both parties agree in writing.

3. Use of the Website

You agree not to:

• use the Website for any unlawful purpose or in breach of these Terms;
• copy, scrape or republish Website content without our written permission;
• attempt to gain unauthorised access to the Website, its servers or connected systems;
• upload or transmit viruses or other harmful code; or
• submit false, misleading or someone else's information through our forms.

We may suspend or restrict access to the Website at any time, including for maintenance.

4. Information on the Website

Content on the Website is general information about our services. It is not tailored advice for your business. Prices, packages, offers and case study results are indicative and may change. Past results achieved for other clients do not guarantee future results for you.

5. Our services

All marketing services, including paid media, SEO and AEO, social media, content, video, website development, branding and email marketing, are provided under a separate written proposal or service agreement. If that agreement conflicts with these Terms, the agreement prevails.

We do not guarantee specific rankings, traffic, leads, sales or return on ad spend. Search engines, AI platforms and social networks control their own algorithms and policies, and these can change without notice.

6. Quotes, fees and payment

• Quotes are valid for [30] days unless stated otherwise.
• Fees are as set out in your proposal or service agreement and are in Australian dollars and exclusive of GST unless stated otherwise.
• Retainers are invoiced [monthly in advance] and payable within [7] days of the invoice date.
• Advertising spend paid to third parties (such as Google, Meta or LinkedIn) is separate from our management fees, and you are responsible for it.
• We may pause services if an invoice is more than [14] days overdue, after giving you notice.

7. Minimum terms and promotional offers

Some packages require a minimum term of 6 or 12 months. Our complimentary website offer is available to clients who commit to a minimum spend of $9,600 (excl. GST) across a 6- to 12-month marketing agreement, and is subject to the other conditions in that agreement. If you end a qualifying agreement before the minimum spend is reached, we may charge [the remaining balance of the $9,600 minimum spend / the full value of the website], as set out in your agreement.

8. Your responsibilities

You agree to:

• give us accurate information, timely approvals and the access we reasonably need (for example, website, analytics, ad account and social media logins);
• make sure any material you give us (logos, images, copy, customer data) does not infringe anyone's rights and that you have permission to use it; and
• make sure your products, services and claims comply with the law and with the advertising policies of the platforms we use, including any industry rules that apply to you (for example, AHPRA advertising guidelines for health practitioners).

9. Intellectual property

All content on the Website, including text, graphics, logos, videos and code, is owned by or licensed to Marketing Together and is protected by copyright and trade mark law. You may view and print it for personal, non-commercial use only.

Ownership of work we create for clients is set out in the relevant service agreement. Unless the agreement says otherwise, ownership of final deliverables passes to you once they are paid for in full. We keep ownership of our pre-existing tools, templates, methods and know-how, and we may show the work in our portfolio unless you ask us not to.

10. Third-party links and platforms

The Website may link to third-party websites and platforms. We do not control them and are not responsible for their content, availability or privacy practices.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (ACL) or other laws that cannot be excluded. Where our liability for failure to comply with a consumer guarantee can lawfully be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

12. Limitation of liability

To the extent permitted by law:

• the Website is provided "as is", and we do not warrant that it will be error-free, secure or always available;
• we are not liable for any indirect or consequential loss, including loss of profit, revenue, data or goodwill; and
• our total liability arising from our services is limited to the fees you paid us in the [3] months before the event that gave rise to the claim.

13. Indemnity

You indemnify us against any loss, claim or cost arising from your breach of these Terms, or from material or instructions you provided that infringe a third party's rights or break the law.

14. Termination

Either party may end a service agreement in line with its notice provisions. We may suspend or end your access to the Website or our services if you seriously breach these Terms.

15. Privacy

We handle personal information in line with our Privacy Policy below.

16. Governing law

These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland. If you are a consumer in New Zealand or the United Kingdom, you keep any rights you have under your local consumer protection laws.

17. Contact us

Smart Australia Developments Pty Ltd trading as Marketing Together 63 Railway Street, Mudgeeraba QLD 4213 Phone: 1300 200 990 (AU) | 03 741 3111 (NZ) Email: info@marketingtogether.com