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Terms of Service – CantyDigital Creative Pty Ltd

1. Introduction

These Terms of Service (“Terms”) govern the provision of digital marketing and related services by CantyDigital Creative Pty Ltd (“Company,” “we,” “us,” or “our”) to you (“Client,” “you,” or “your”). By engaging or continuing to use our services, you agree to these Terms.

2. Services Provided

We provide ongoing, subscription-based digital marketing and creative services, which may include (but are not limited to):

  • SEO (Search Engine Optimisation)

  • PPC (Pay-Per-Click) Management

  • Content Marketing

  • Social Media Marketing

  • Web Design and Development

  • Branding and Creative Design

The specific services and inclusions will be detailed in your approved proposal, strategy, or agreement.

3. Payment & Fees

All ongoing monthly services are billed on a subscription basis, payable in advance each billing cycle (monthly or as otherwise agreed).

  • Late payments after 7 days may result in the suspension or termination of services.

  • Any work outside of the agreed scope will be quoted separately and must be approved prior to commencement.

Web Design & Development Projects:

  • A 50% non-refundable deposit is required to begin a project.

  • The deposit must be paid within 7 days to secure the quoted price; otherwise, pricing may be reviewed.

  • The remaining 50% balance is due within 4 weeks of receiving the initial website draft, regardless of revision status.

  • We reserve the right to request final balance payment after this 4-week period.

  • Clients have up to 3 months from the balance payment date to finalise revisions.

  • Hosting, domain registration, and third-party costs are not included unless specifically stated.

4. Ongoing Services, Cancellation & Termination

All subscription-based services are ongoing by default and will automatically renew each billing period unless written notice of cancellation is provided.

  • A 28-day written notice is required to cancel subscription services.

  • Cancellation requests must be sent to admin@cantydigital.com and matt@cantydigital.com.

  • The 28-day period allows us to properly conclude your campaign and hand over any assets if applicable.

  • If cancellation is received mid-cycle, the final billing period will still apply.

  • CantyDigital Creative Pty Ltd reserves the right to suspend or terminate services immediately for non-payment, breach of these Terms, or other justified reasons.

5. Automatic Renewal & Billing Policy

All ongoing services automatically renew each billing cycle unless written cancellation is received prior to the renewal date. Clients are responsible for ensuring their payment details are up to date to avoid service interruptions.

6. Refund Policy

Due to the time and resources allocated to each campaign, all payments are non-refundable. Refunds may only be considered at the Company’s discretion in exceptional circumstances.

7. Client Responsibilities

Clients agree to provide all necessary access, materials, logins, and timely approvals required for us to perform services effectively. Delays or incomplete access may affect campaign performance, and CantyDigital Creative Pty Ltd will not be liable for such delays or outcomes.

8. Communication & Approvals

Clients must respond to communications or approval requests within 5 business days. Delays in providing feedback, materials, or approvals may extend project timelines. CantyDigital Creative Pty Ltd is not liable for delays caused by client inaction.

9. Performance & Results

We use industry best practices and data-driven strategies to achieve optimal results. However, due to factors beyond our control (such as algorithm updates, competition, and user behaviour), specific results such as first-page rankings, conversions, or revenue increases cannot be guaranteed.

10. Hosting & Third-Party Integrations

  • 10.1 Third-Party Hosting: For clients utilizing third-party platforms (e.g., Wix, Shopify, or independent WP hosting), CantyDigital is not responsible for downtime, security, or performance issues. Clients are responsible for maintaining their own accounts and credentials.

  • 10.2 Managed Hosting: For clients utilizing CantyDigital’s internal hosting environment, the terms outlined in Section 23 apply.

11. Data Privacy & Compliance

CantyDigital Creative Pty Ltd complies with the Australian Privacy Act 1988 (Cth) and GDPR guidelines. Any data collected through campaigns, websites, or analytics is used solely for service delivery and will not be shared with unauthorised third parties.

12. Reporting & Access

We provide performance reports at the frequency outlined in your service plan. Access to analytics and data remains active during the engagement and may be revoked if the account is terminated or payment is overdue.

13. Intellectual Property

All creative materials, content, and assets produced by CantyDigital Creative Pty Ltd remain our property until full payment is received. Upon payment, ownership may be transferred as outlined in the original agreement. We retain the right to use completed work in our portfolio and marketing materials, unless otherwise agreed in writing.

14. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary or sensitive information shared during the engagement.

15. Liability & Indemnification

CantyDigital Creative Pty Ltd will not be liable for any indirect, incidental, or consequential damages arising from the use of our services. Clients agree to indemnify and hold us harmless against any claims, losses, or damages resulting from the use or implementation of our work.

16. Force Majeure

CantyDigital Creative Pty Ltd will not be held liable for delays or failure to perform services due to circumstances beyond our control, including natural disasters, internet outages, software failures, or platform policy changes.

17. Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter in good faith through direct communication before pursuing legal or formal remedies.

18. Portfolio & Marketing Rights

Unless otherwise agreed in writing, CantyDigital Creative Pty Ltd reserves the right to display completed projects (websites, ads, campaigns, or creative work) in our portfolio, marketing materials, or case studies.

19. Suspension for Non-Compliance

We reserve the right to suspend, restrict, or limit campaign activity if the client fails to provide necessary information, approvals, or payments required to perform services effectively.

20. Office Hours & After-Hours Support

Our standard office hours are Monday to Friday, 9:00 AM – 4:00 PM (AEST). Support and communication received outside these hours will generally be addressed on the next business day. For urgent or emergency requests, a loading fee may apply at CantyDigital Creative Pty Ltd’s discretion.

21. Amendments

We reserve the right to amend or update these Terms at any time. Clients will be notified of significant changes, and continued use of our services constitutes acceptance of the revised Terms.

22. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and any disputes shall be resolved in the courts of New South Wales.

23. Managed Hosting Environment & Access

  • 23.1 Exclusivity: CantyDigital provides high-performance managed hosting exclusively as an integrated component for active Full-Service SEO clients. We do not offer hosting as a standalone or “one-off” service.

  • 23.2 Managed Service Model: Our hosting is a fully managed, shared infrastructure environment. To maintain the security, SEO configurations, and technical integrity of the server for all clients, we do not provide Client access to the cPanel, Root directory, or server-level management tools.

  • 23.3 Maintenance & Updates: As a managed provider, CantyDigital assumes responsibility for server-side maintenance, security patches, and technical optimizations. Any required technical changes must be requested through our standard support channels.

  • 23.4 Self-Managed Alternatives: If the Client’s workflow requires direct cPanel access, manual database management, or independent server control, the Client must maintain their own independent hosting plan outside of the CantyDigital ecosystem.

  • 23.5 Termination of Hosting: Upon cancellation of Full-Service SEO subscriptions, hosting services will also terminate. The Client will be responsible for migrating their website to a third-party provider within the 28-day notice period. CantyDigital can assist with the export of site files, but is not responsible for third-party setup or compatibility.

  • 23.6 Exclusion of Email Services: Managed Hosting services do not include email hosting, email server management, or technical support for third-party email clients (e.g., Microsoft Outlook, Gmail, Apple Mail). Clients are responsible for maintaining their own professional email subscriptions. CantyDigital is not liable for email delivery issues, mailbox storage, or configuration.

To protect your agency when managing paid ads (Google Ads, Meta/Facebook, etc.), you need to be very clear about who pays the ad spend, who owns the data, and what happens if a platform bans an account.

Here are the specific sections to add to your Terms of Service to cover Paid Ads.

24. Paid Advertising Management (Google Ads, Meta, etc.)

24.1 Ad Spend Responsibility All “Ad Spend” (the money paid directly to platforms like Google or Meta for clicks/impressions) is the sole responsibility of the Client.

  • Clients must provide a valid payment method directly to the respective advertising platform.

  • CantyDigital will never pay for a Client’s ad spend on their behalf.

  • In the event of a failed payment to a platform, the platform may pause all advertising. CantyDigital is not liable for any loss of leads, traffic, or revenue resulting from payment failures or account suspensions caused by the Client’s billing issues.

24.2 Account Ownership & Access

  • Client Ownership: The Client maintains ownership of their advertising accounts (Google Ads Manager, Meta Business Suite). Canty Digital acts as an authorized manager during the term of the agreement.

  • Administrative Access: The Client must grant “Admin” or necessary “Partner” level access to Canty Digital to perform services.

  • Handover: Upon termination of services and provided all management fees are paid in full, Canty Digital will remove its access from the accounts. All campaign data and history remain the property of the Client.

24.3 Platform Compliance & Suspensions Canty Digital adheres to all platform policies (Google Ads Policies, Meta Advertising Standards). However:

  • Platforms may change their algorithms, policies, or terms of service without notice.

  • Canty Digital is not liable for account suspensions, ad disapprovals, or “shadow bans” initiated by the platform, even if such actions result from a change in platform policy or automated flagging.

  • If an account is suspended due to the Client’s business nature (e.g., restricted industries) or previous account history, any work performed by Canty Digital to appeal or rectify the suspension will be billed at our standard hourly rate.

24.4 Performance & Tracking

  • Tracking Pixels: The Client authorizes Canty Digital to install tracking codes (Google Tag Manager, Meta Pixel, etc.) on their website.

  • Data Accuracy: While we aim for 100% accuracy, “Signal Loss” (due to iOS updates, cookie consent, or ad-blockers) may result in discrepancies between platform reporting and actual results. Canty Digital is not liable for these technical limitations.

24.5 Creative Approvals All ad copy, imagery, and video assets are subject to Client approval. Once approved, Canty Digital is not liable for any legal claims, trademark infringements, or copyright disputes arising from the use of those assets.

25. Search Engine Optimisation (SEO) Services

25.1 Scope of SEO Services SEO services provided by CantyDigital include (but are not limited to) keyword research, on-page optimization, technical SEO audits, content creation, and backlink procurement. The specific deliverables for your campaign will be outlined in your Monthly Strategy or Proposal.

25.2 Search Engine Fluctuations & Algorithm Updates The Client acknowledges that Search Engines (including Google, Bing, and DuckDuckGo) frequently update their ranking algorithms and policies without notice.

  • No Guarantee of Rankings: While CantyDigital uses industry-standard “White Hat” techniques, we do not guarantee specific keyword rankings or #1 positions.

  • Volatility: SEO is a long-term strategy. The Client understands that rankings can fluctuate daily and that significant algorithm updates may temporarily impact site visibility.

  • Third-Party Interference: CantyDigital is not responsible for ranking drops caused by the Client (or other third parties) making unauthorized changes to the website’s code, content, or backlink profile.

25.3 Link Building & Content

  • Quality Assurance: CantyDigital strives to secure high-quality, relevant backlinks. However, we do not have direct control over the editorial decisions of third-party websites.

  • Content Approval: All SEO-optimized content (blogs, landing pages) is subject to Client approval. If the Client fails to provide feedback within 5 business days, CantyDigital reserves the right to publish the content to maintain campaign momentum.

25.4 Technical Implementation If the Client’s website is hosted on a third-party platform (not Managed Hosting by CantyDigital), the Client must provide administrative access. CantyDigital is not responsible for “breaking” site functionality if the underlying website code is outdated, poorly developed, or incompatible with modern SEO plugins/tools.

25.5 Ethical Standards (Anti-Spam) CantyDigital follows “White Hat” SEO practices. We will not engage in “Black Hat” techniques (e.g., keyword stuffing, link farms, or cloaking). If a Client insists on using prohibited techniques against our professional advice, CantyDigital reserves the right to terminate the agreement immediately to protect our agency reputation and server integrity.

By engaging CantyDigital Creative Pty Ltd, you acknowledge that:

  1. Services are ongoing unless written notice of cancellation is provided, and

  2. You have read, understood, and agreed to these Terms of Service.