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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

CantyDigital Creative Pty Ltd is not responsible for downtime, security, or performance issues arising from third-party platforms such as Wix, WordPress, Shopify, Google Ads, Facebook, or other integrations.
Clients are responsible for maintaining their own third-party accounts, subscriptions, and credentials unless otherwise agreed in writing.

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 requiring immediate attention outside regular office hours, a loading fee may apply at CantyDigital Creative Pty Ltd’s discretion, depending on the nature and urgency of the request.

This includes (but is not limited to) emergency digital services such as website outages, ad platform issues, or campaign interruptions requiring immediate response.

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.

By engaging CantyDigital Creative Pty Ltd, you acknowledge that:

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

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