Terms and Conditions

1. About Digitalscouts

Digitalscouts Pty Ltd ACN 637 627 046 trading as Digitalscouts provides digital marketing, web and technology services including strategy, design, development, SEO, paid media, marketing automation and HubSpot services (the Services). References to “we”, “us” and “our” mean Digitalscouts. References to “you” and “your” mean the visitor, user or customer.

By accessing our website at https://digitalscouts.co or by engaging us to provide Services, you agree to these Terms and Conditions.

2. Website use

You must use the website lawfully and not interfere with its security, functionality or content. Material on this website is provided for general information only and is not professional advice. We may update, suspend or remove the website or any part of it at any time.

3. Proposals and engagement

Service descriptions, case studies and pricing on the website are indicative only. Any engagement with us will be governed by a written proposal or Statement of Work that sets out scope, timing and fees. If we begin work at your request before a formal document is signed, these Terms and Conditions apply.

4. Third-party platforms and tools

Our work often involves third-party platforms and tools such as HubSpot, Google, Meta, LinkedIn, hosting, analytics, stock media and open-source libraries. Their separate terms will apply to your use of those services. Where your acceptance of third-party terms is required, you are responsible for reviewing and complying with them. Changes to third-party policies, pricing or functionality may affect outcomes and timelines.

5. Your responsibilities

Provide timely access, information, approvals and assets we reasonably require, including website or CMS admin access, DNS, analytics, ad accounts, brand files and product information. You are responsible for the accuracy and legality of all content and data you supply and for compliance with laws that apply to your business, including privacy and spam laws.

6. Fees and payment

Fees, expenses and payment timing will be set out in our proposal or invoice. Unless stated otherwise, invoices are payable within 14 days and are exclusive of GST. We may charge a surcharge for card payments. If an invoice is overdue, we may pause work until payment is received and may charge interest at 12 percent per annum accruing daily and compounding monthly.

7. Marketing spend and media costs

If your engagement includes paid media or platform spend, you are responsible for funding those costs in advance or reimbursing them as agreed. We may pace or apportion spend over a campaign to optimise outcomes.

8. Results and performance

Digital marketing outcomes depend on many factors including competition, budget, creative, data quality, technology and third-party algorithms or policies. We do not guarantee specific rankings, placements, costs, conversions, return on ad spend or revenue. We use professional skill and care to deliver practical improvements.

9. Intellectual property

You retain ownership of the materials you supply to us. We retain ownership of our pre-existing materials, methodologies and know-how. Unless your agreement with us says otherwise, new materials we specifically create for you will be assigned to you when all related fees are paid in full, subject to any third-party or open-source licences embedded in the deliverables. You grant us a non-exclusive licence to use your name, logo, non-confidential project descriptions and screenshots for portfolio and marketing unless you reasonably object in writing.

10. Open source and licensed assets

We may use fonts, code, templates, libraries and stock assets under their respective licences. You agree to comply with any ongoing licence terms and fees that apply to your continued use of those assets.

11. Confidentiality and privacy

Each party must keep the other’s confidential information confidential and use it only to deliver or receive the Services. Our handling of personal information is set out in our Privacy Policy available on our website.

12. Security and data

We implement reasonable technical and organisational measures to safeguard systems we control. Internet and cloud services have inherent risks. You are responsible for maintaining your own backups and for securing systems and accounts you control. We are not responsible for loss of data arising from your systems or third-party outages.

13. Warranties and consumer law

To the maximum extent permitted by law, and except for non-excludable rights under the Australian Consumer Law, all representations, warranties and conditions not expressly stated are excluded. Nothing in these Terms limits your rights that cannot be excluded under the Australian Consumer Law.

14. Liability and indemnity

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or in connection with the website or Services is limited to the fees you paid to us for the relevant Services in the one month prior to the event giving rise to the claim. We are not liable for indirect, special or consequential loss, loss of profit, revenue, goodwill or data. You indemnify us against losses we suffer arising from your breach of these Terms or unlawful use of the website or Services.

15. Suspension and termination

We may suspend or terminate access to the website or the Services if you breach these Terms, fail to pay an invoice when due, or if required by law or by a third-party platform provider. On termination you must pay amounts due for Services delivered up to the termination date and return or delete our confidential information on request.

16. Links

Links to third-party websites are provided for convenience. We do not endorse and are not responsible for their content, security or privacy practices.

17. Changes to these Terms

We may update these Terms from time to time by publishing a new version on this page with the effective date. Your continued use of the website or continued engagement after changes take effect constitutes acceptance.

18. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of its courts and courts of appeal.

19. Contact

For questions about these Terms or to provide notices, contact us via the Contact page on our website or email: hello@digitalscouts.co

Effective date: 01/01/2019