Terms of Service

The terms and conditions governing our services and your use of our website.

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Last updated: 1 November 2024

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and AmplifiDigi Pty Ltd (ABN 47 629 381 054), trading as AmplifiDigi ("AmplifiDigi", "we", "us", or "our"), with its registered office at Level 12, 88 Walker Street, North Sydney, NSW 2060, Australia.

By engaging our services or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our services or website.

1. Acceptance of Terms

By submitting a contact form, signing a service agreement, or otherwise engaging AmplifiDigi to perform work on your behalf, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated by reference.

We reserve the right to update these Terms at any time. Changes will take effect upon posting to our website. For existing clients, material changes to these Terms will be communicated via email at least 30 days before taking effect.

2. Description of Services

AmplifiDigi provides social media marketing and digital promotion services, which may include but are not limited to:

  • Social media account management and community management
  • Content creation, including graphic design, copywriting, and video production
  • Social media advertising campaign management
  • Influencer identification, outreach, and partnership management
  • Brand identity development and positioning strategy
  • Analytics, reporting, and strategic consultation

The specific scope of services, deliverables, timelines, and fees will be outlined in a separate service agreement or proposal document provided to you before work commences. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall prevail.

3. Client Obligations

To enable us to deliver our services effectively, you agree to:

  • Provide timely access to social media accounts, brand assets, and any other materials reasonably required for service delivery
  • Provide prompt feedback and approvals on content, strategies, and campaigns within agreed timeframes
  • Ensure that all information, materials, and content you provide to us are accurate, lawful, and do not infringe on the rights of any third party
  • Designate a primary point of contact for communications and approvals
  • Comply with the terms of service of all relevant social media platforms

Delays in providing required materials, feedback, or approvals may impact project timelines and deliverables. We are not responsible for delays caused by your failure to meet your obligations under this section.

4. Payment Terms

  • All fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), which will be added where applicable.
  • Monthly retainer fees are invoiced in advance on the first business day of each month. Payment is due within 14 days of the invoice date.
  • One-time project fees may be invoiced in instalments as outlined in the service agreement, typically with a 50% deposit required before work commences.
  • Advertising spend (media budgets paid directly to social media platforms) is separate from our service fees and is the responsibility of the Client unless otherwise agreed in writing.
  • Late payments will incur an interest charge of 2% per month on the outstanding amount. We reserve the right to suspend services if payment is more than 14 days overdue.
  • We accept payment by bank transfer (EFT), credit card, and direct debit.

5. Intellectual Property

Content Created by AmplifiDigi

Unless otherwise agreed in writing, all content, designs, copy, strategies, and other materials created by AmplifiDigi specifically for the Client ("Client Materials") shall become the property of the Client upon full payment of all associated fees. Until full payment is received, AmplifiDigi retains all intellectual property rights in such materials.

Pre-Existing Materials

Any templates, frameworks, methodologies, tools, or other materials that AmplifiDigi has developed independently or prior to the engagement ("Pre-Existing Materials") remain the intellectual property of AmplifiDigi. We grant you a non-exclusive, non-transferable licence to use any Pre-Existing Materials incorporated into Client Materials for the purposes for which they were provided.

Portfolio Rights

Unless you request otherwise in writing, AmplifiDigi may use samples of work created for you in our portfolio, case studies, and marketing materials for the purpose of showcasing our capabilities.

Client Materials

You retain all intellectual property rights in any materials, logos, images, or content that you provide to us. By providing such materials, you grant us a non-exclusive licence to use them solely for the purpose of delivering the agreed services.

6. Confidentiality

Both parties agree to keep confidential all information received from the other party that is not publicly available, including business strategies, financial information, customer data, account credentials, and proprietary methodologies. This obligation survives the termination of the service agreement for a period of two (2) years.

7. Limitation of Liability

To the maximum extent permitted by law:

  • AmplifiDigi's total liability to you for any claims arising out of or in connection with our services shall not exceed the total fees paid by you to AmplifiDigi in the six (6) months immediately preceding the event giving rise to the claim.
  • AmplifiDigi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, regardless of the cause of action.
  • We do not guarantee specific results, including but not limited to follower counts, engagement rates, website traffic, or sales figures. Social media performance is influenced by many factors beyond our control, including platform algorithm changes, market conditions, and competitor activity.
  • We are not liable for any actions taken by social media platforms, including account suspensions, content removals, or policy changes that may affect service delivery.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

8. Termination

  • Either party may terminate the service agreement by providing 30 days' written notice to the other party after the initial commitment period (if applicable).
  • AmplifiDigi may terminate the agreement immediately if the Client fails to make payment within 30 days of the invoice due date, or if the Client breaches any material term of these Terms or the service agreement.
  • Upon termination, the Client shall pay all fees for services rendered up to and including the termination date, including any work-in-progress.
  • Upon termination and receipt of all outstanding payments, AmplifiDigi will transfer all Client Materials and return access to all social media accounts to the Client within 14 business days.
  • AmplifiDigi will securely delete all Client account credentials within 30 days of termination.

9. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, pandemics, government actions, internet or platform outages, or cyber attacks.

10. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms:

  • The parties shall first attempt to resolve the dispute through good-faith negotiation.
  • If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in Sydney.
  • If mediation is unsuccessful, either party may commence legal proceedings.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom.

12. General Provisions

  • Entire Agreement: These Terms, together with any signed service agreement and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of assets.

13. Contact

If you have any questions about these Terms of Service, please contact us: