1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Toowoomba SEO ABN 37 545 252 825 ("we", "us", "our", or "Company") governing your use of our website and engagement of our services.
By accessing our website, submitting an enquiry, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
Important: We reserve the right to modify these Terms at any time at our sole discretion without prior notice. Changes become effective immediately upon posting to this page. Your continued use of our website or services after any changes constitutes acceptance of the modified Terms.
2. Services
2.1 Description of Services
We provide digital marketing services including, but not limited to:
- Search Engine Optimisation (SEO)
- Website Design and Development
- Local SEO and Google Business Profile Optimisation
- Content Creation and Copywriting
- Social Media Marketing
- Digital Marketing Strategy and Consulting
- AI Search Optimisation
2.2 Service Agreements
Specific services will be detailed in a separate Service Agreement, Proposal, or Statement of Work ("SOW") which, together with these Terms, forms the complete agreement between the parties. In case of conflict, the specific Service Agreement shall prevail.
2.3 No Guarantee of Results
Digital marketing, including SEO, involves factors outside our control. While we employ industry best practices and proven strategies, we cannot and do not guarantee:
- Specific search engine rankings or positions
- Specific traffic volumes or conversion rates
- Specific revenue or business outcomes
- Timeframes for achieving particular results
Search engines may change their algorithms at any time, which can affect rankings regardless of optimisation efforts. Past performance does not guarantee future results.
3. Client Responsibilities
By engaging our services, you agree to:
- Provide Accurate Information: Supply accurate, complete, and timely information, content, and materials as required for service delivery
- Grant Necessary Access: Provide access to website hosting, CMS, analytics accounts, Google Business Profile, and other platforms as needed
- Timely Communication: Respond to requests for information, approvals, and feedback within reasonable timeframes (typically 5 business days)
- Content Ownership: Ensure you have the legal right to use all content, images, and materials provided to us
- Compliance: Ensure your business operations comply with all applicable laws and regulations
- Payment: Pay all invoices by the due date as specified in your Service Agreement
4. Intellectual Property
4.1 Our Intellectual Property
All methodologies, processes, tools, templates, and proprietary materials developed by us remain our exclusive intellectual property. We grant you a limited, non-exclusive license to use deliverables specifically created for your project.
4.2 Client Content
You retain ownership of all original content, logos, trademarks, and materials you provide to us. You grant us a license to use such materials solely for the purpose of delivering our services.
4.3 Third-Party Content
Any third-party content, including stock images, fonts, or software, is subject to the respective third-party license terms. We will advise of any licensing requirements or costs associated with third-party content.
4.4 Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to display completed work in our portfolio, case studies, and marketing materials for promotional purposes.
5. Payment Terms
5.1 Fees and Payment
- All fees are quoted in Australian Dollars (AUD) unless otherwise specified
- Prices are exclusive of GST unless stated otherwise
- Payment terms are specified in individual Service Agreements (typically 7-14 days)
- We accept payment via bank transfer, credit card, or other agreed methods
5.2 Late Payment
If payment is not received by the due date, we reserve the right to:
- Charge interest at 2% per month on overdue amounts
- Suspend services until payment is received
- Withhold delivery of work product
- Pursue debt recovery, with associated costs payable by you
5.3 Refunds
Due to the nature of digital services, refunds are generally not available once work has commenced. Specific refund policies may be outlined in individual Service Agreements.
6. Term and Termination
6.1 Service Term
The term of engagement will be specified in your Service Agreement. Ongoing services typically operate on a month-to-month basis unless a fixed term is agreed.
6.2 Termination by Client
You may terminate ongoing services by providing written notice as specified in your Service Agreement (typically 30 days). Early termination of fixed-term agreements may incur cancellation fees as specified in the agreement.
6.3 Termination by Us
We may terminate services immediately if you:
- Breach these Terms or your Service Agreement
- Fail to pay invoices after reasonable notice
- Engage in illegal, unethical, or harmful activities
- Provide false or misleading information
- Become insolvent or enter administration
6.4 Effect of Termination
Upon termination:
- All outstanding fees become immediately due
- We will provide reasonable transition assistance
- Access to our tools and systems will be revoked
- Confidentiality obligations continue to apply
7. Limitation of Liability
7.1 Maximum Liability
To the maximum extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the total fees paid by you in the 12 months preceding the claim.
7.2 Exclusion of Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or goodwill
- Business interruption
- Costs of substitute services
7.3 Third-Party Actions
We are not liable for actions of third parties, including search engines, hosting providers, or social media platforms, that may affect your rankings, visibility, or online presence.
7.4 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.
8. Indemnification
You agree to indemnify, defend, and hold harmless Toowoomba SEO, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your breach of these Terms
- Your violation of any law or third-party rights
- Content or materials you provide to us
- Your use of our services or deliverables
9. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information disclosed during the engagement. This includes business strategies, client lists, pricing, and technical information. Confidentiality obligations survive termination of services.
10. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemic, government actions, or failure of third-party services.
11. Dispute Resolution
11.1 Informal Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation within 14 days of written notice of the dispute.
11.2 Mediation
If informal resolution fails, disputes shall be submitted to mediation under the Resolution Institute Mediation Rules before commencing litigation.
11.3 Governing Law
These Terms are governed by the laws of Queensland, Australia. Both parties submit to the exclusive jurisdiction of the courts of Queensland.
12. Website Use
12.1 Acceptable Use
When using our website, you agree not to:
- Use the site for any unlawful purpose
- Attempt to gain unauthorised access to our systems
- Transmit malware or harmful code
- Scrape, copy, or reproduce content without permission
- Interfere with the proper functioning of the website
12.2 Website Availability
We do not guarantee uninterrupted access to our website. We may modify, suspend, or discontinue any part of the website at any time without notice.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any Service Agreement, constitute the entire agreement between the parties and supersede all prior discussions and agreements.
13.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver
Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor or affiliate.
13.5 Notices
All notices under these Terms shall be in writing and sent to the contact details provided by each party. Email is acceptable for routine communications.
14. Contact Us
If you have questions about these Terms of Service, please contact us: