Terms of use

THE TERMS STATED BELOW ARE SHARED WITH EVERY NEW CLIENT OF OPTIMISED DIGITAL. THESE TERMS HAVE BEEN IN PLACE SINCE 1 JULY 2020 AND WERE UPDATED ON 15 NOVEMBER 2024.

Digital Marketing Terms / Service Agreement

This service agreement (the ‘Agreement’) is between the Client and Agency.

Agency: Beachhead Marketing Pty Ltd trading as Optimised Digital
PO Box 1925, Sunshine Plaza, Qld 4558 AUSTRALIA
ABN: 31550156284

Client : The individual and/or the entity that engages the Agency to provide the Services and/or consumes the Agency’s content in any form including but not limited to downloaded content from the Website and/or email from the Agency.

Collectively referred to as the “Parties”.

Website means https://www.optimiseddigital.co/

1. Services Provided

The Agency agrees to provide digital marketing services to the Client, as outlined in written correspondence (including email) between the Parties. The scope of services will remain effective until the Agreement is terminated in accordance with its terms.

2. Terms of Engagement

The Services will be performed on the dates agreed by the Parties. In the event of an ongoing engagement, billing will occur monthly during the first week of each month unless otherwise agreed in writing.

The terms of this Agreement may be modified, extended, or adjusted with the written approval of both Parties.

The Client acknowledges and agrees that, to achieve the objectives of this Agreement, the recommendations provided by the Agency should be reasonably considered and, where feasible, implemented. These recommendations may include but are not limited to:

1. Creatives, images, and designs used in paid advertising;
2. Audiences used in paid advertising; and
3. Landing page requirements, copy suggestions, and visual placements.

Failure to implement the Agency’s recommendations may result in the Client’s objectives not being achieved within the specified timeline. The Client acknowledges that the Agency’s recommendations are based on extensive experience in the field of digital marketing.

3. Payment

1. Optimised Digital will charge the Client as per agreed payment terms.
2. Invoice sent at the beginning of each month.
3. Payment to be received within 7 days of the date of invoice.
4. In the event that this Agreement is terminated by the Client prior to the completion of the Services but where the Services have been partially performed, Optimised Digital will be entitled to pro-rata payment of the Payment above to the date of termination provided that there has been no breach of any material terms of this Agreement on the part of Optimised Digital.

4. Privacy

Optimised Digital may require access (but not limited) to the following with your consent to complete the marketing work required:

1. Your personal details
2. Email addresses
3. Physical addresses
4. Business details
5. Passwords for various online platforms and software

Optimised Digital will not use your personal or business information for any other purpose other than that shared above under ‘Services’.

Further information on the above can be found in our Privacy Policy.

5. Intellectual property - Work for Client

1. The Client acknowledges that all intellectual property rights in work created by the Agency will remain with the Agency until full payment is received. Upon receipt of full payment, the Agency will transfer ownership of the intellectual property related to the project to the Client.
2. The Client warrants that any text, images, or other artwork provided by the Client to the Agency for use in the Services are owned by the Client or that the Client has obtained the necessary permissions to use them.
3. The Client agrees to indemnify the Agency against any legal claims or actions arising from the use of intellectual property that infringes the rights of any third party.
4. Graphic files and photographs supplied by the Client should be provided in a high-resolution, appropriate digital format.

6. Copyright / Intellectual property - Work of Agency

• The website, the Services and all of the related products of the Agency are subject to Copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights including copyright in the services and compilation of the Website including but not limited to text, graphics, logos, button icons, video, images, audio clips, website code, scripts, design elements and interactive features all the services are owned or controlled for these purposes are reserved by the Agency or its contributors.

• All trademarks, service marks and trade names are owned, registered and or licenced by the agency who grants to you a worldwide, non-exclusive, royalty-free, revokable licence whilst you are engaged with the Agency to:
  1. use the Website pursuant to the terms
  2. copy and store the Website and the material contained in the Website in the Client’s device is a cache memory; and
  3. print pages from the website for the Client’s own personal and non-commercial use.

• The Agency retains all rights, title and interest in and to the website and all related services. Nothing you do on, or in relation to, the website will transfer any:
  1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright or
  2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design or
  3. a thing, system or process that is the subject of a patent, or registered design or copyright or an adaptation or modification of such a thing, system or process.

• The Client may not without the prior written permission of the agency and the permission of any other relevant rights owners: broadcast republish upload to a third party transmit post distribute show or play in public adapt or change in any way the services or third party services for any purpose unless otherwise provided by these terms. This prohibition does not extend to materials on the website which are freely available for reuse or in the public domain.

7. Liability

1. The Agency will use its best efforts to perform the Services to the highest professional standards.
2. Optimised Digital can not guarantee that work will always be error-free and therefore cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate social media accounts, websites, emails or online profiles, even if you have advised the Agency of the possibilities of such damages.
3. The Client is responsible for all costs associated with Facebook ad spend,
4. stock photography and any other digital tools or additional contractors required outside the scope of what’s outlined in the Services provided above.
5. Given the varying nature of Facebook and other ad and social platforms, Optimised Digital will always aim for the best result for the Client however are not responsible for any given result or changes in algorithm activity.

8. Release of Liability and Indemnification

The Client acknowledges that the Agency will provide marketing services, advice, and recommendations based on its expertise and experience. However, the Client understands and agrees that the outcomes of any marketing strategies, techniques, or campaigns suggested or implemented by the Agency are inherently uncertain and may be influenced by factors outside the Agency’s control, including but not limited to market fluctuations, third-party actions, consumer behaviour, and competitive forces.

Accordingly, to the fullest extent permitted by law, the Client hereby irrevocably releases, discharges, and holds harmless the Agency, its affiliates, directors, officers, employees, agents, contractors, and subcontractors from any and all claims, liabilities, damages, losses, costs, or expenses (including but not limited to legal fees), whether direct, indirect, incidental, consequential, or otherwise, arising out of or related to:

1. The Client’s use or implementation of the Agency’s recommendations, strategies, or services;
2. Any failure to achieve specific outcomes, results, or performance targets, including but not limited to financial gain, return on investment, customer engagement, or business growth;
3. Any damages, losses, or liabilities incurred by third parties (including the Client’s customers, vendors, partners, or affiliates) as a result of the Client’s marketing activities, campaigns, or decisions based on the Agency’s recommendations or services.

The Client further agrees to indemnify and defend the Agency against any third-party claims, actions, suits, or proceedings brought against the Agency that result from the Client’s use of the Agency’s services, including any settlement amounts, damages, and reasonable legal fees.

The Client acknowledges that the Agency does not warrant or guarantee any specific results, and the Agency shall not be liable for any decisions made by the Client or third parties based on the information, strategies, or advice provided by the Agency.

This release and indemnification shall apply whether or not the Agency has been advised of the possibility of such claims, damages, or losses and shall survive the termination or expiration of this Agreement.

9. Dispute Resolution

1. If a dispute arises out of or relates to this Agreement, the Client and Optimised Digital expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
2. The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC.
3. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved.
4. The terms of the Guidelines are hereby deemed incorporated into this Agreement.
5. This clause shall survive termination of this Agreement.

10. General Disclaimer

1. Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian consumer law or any liability under them which by law may not be limited or excluded.
2. Use of the website and the services is at your own risk. Everything on the website and the services provided to the client as is and as available without warranty or condition of any kind. None of the affiliates directors officers employees agents contributors and licence ORS of optimised digital make any express or implied representation or warranty about the services or any products or services including the products or services of optimised digital referred to on the website.

11. Thirty (30) Day Guarantee Terms

11.1         Overview

If you do not increase your conversions within thirty (30) days of engaging Optimised Digital and you fulfill the eligibility criteria, let us know and we will refund your first month’s service fee. The request must be made within the first 35 days since you have engaged the Agency.

11.2        Making a Claim

To make a claim for a full refund, please simply email our friendly support team at [email protected] within the first thirty-five (35) days of engaging the Agency and provide evidence that you have fulfilled the criteria below. 

If you cancel your engagement with the Agency prior to contacting the Agency and you are within this claim period, you will forfeit your rights towards a refund.

11.3        Eligibility criteria  

1) The Guarantee only applies to Paid Media Management services engaged with the Agency.

2) The Client has adhered to the terms of engagement and implemented the advice from the Agency which may include but not limited to:

1. Creatives, images, and designs used in paid advertising;
2. Audiences used in paid advertising; and
3. Landing page requirements, copy suggestions, and visual placements.

3) You failed to increase your conversions throughout the thirty (30) days of engagement with the Agency.

11.4       What will be refunded

In the event you have fulfilled the eligibility criteria and you have made the claim within the time required, the Agency will issue you a full refund of your first month service fee.

This offer is subject to change without notice and may cease at any time.

12. Governing Law

This Agreement is governed by the law in force in Queensland and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. 

WE LOOK FORWARD TO DELIVERING EXCEPTIONAL WORK AND REACHING OUR SHARED GOALS TOGETHER.