Terms of Service

These Terms and Conditions (“Terms”) form a legally binding agreement between you (the “Client”) and Mitch Does Marketing (“we”, “us”, or “our”) for the provision of digital marketing services, including but not limited to advertising management, strategy, content, and related services (the “Services”).
These Terms apply from the earlier of:
the date you accept a proposal or agreement from us; or
the date we begin providing the Services to you.
By engaging our Services, you agree to be bound by these Terms.
We may update or modify these Terms from time to time. Where changes are made, we will provide reasonable notice where practical. Continued use of our Services after any updates constitutes acceptance of the revised Terms.
We reserve the right to suspend or refuse Services where necessary, including where there is a breach of these Terms. Any such action does not waive our rights under this agreement.
These Terms include limitations of liability and other provisions that affect your rights and obligations.

Mitch Does Marketing
Level 1, 100 Havelock Street
West Perth WA 6005

Definitions

In these Terms, the following definitions apply unless the context requires otherwise:
Agreement means these Terms together with any proposal, onboarding document, or agreed scope of work.
Client means the individual or business engaging Mitch Does Marketing for the Services.
Services means the digital marketing services provided by us, including but not limited to advertising management, strategy, content, and related activities.
Fees means the amounts payable for the Services as set out in a proposal, invoice, or agreed pricing structure.
Commencement Date means the date the Services begin, whether by agreement or when work first starts.
Client Content means any materials, data, login details, or information provided by you for the purpose of delivering the Services.
Confidential Information means any non-public information shared between the parties that is reasonably considered confidential, excluding information that is publicly available or required to be disclosed by law.
Business Day means a day other than a Saturday, Sunday, or public holiday in Western Australia.
Third-Party Platforms means external platforms or tools used in delivering the Services, including but not limited to Google, Meta, analytics tools, and advertising networks.

1. Term & Termination

- Duration of Agreement
This agreement starts when you accept the proposal or when we begin work, whichever comes first.
It continues on an ongoing basis until either party ends it in line with these terms.
- Ending the Agreement (Client)
You can end the agreement at any time by giving 30 days’ written notice.
You may end the agreement immediately if:
(a) we do not fix a significant issue within 30 days of being notified; or
 (b) we are unable to continue operating due to insolvency or similar circumstances.
If services are paused by us, you may choose to terminate during that time by providing notice.
- Ending the Agreement (Us)
We may end the agreement by giving 30 days’ written notice at any time.
We may pause or stop services if:
(a) you do not resolve a breach within 30 days after being notified; or
 (b) invoices remain unpaid beyond their due date, unless formally disputed in advance.
We may end the agreement immediately if:
(a) the issue cannot reasonably be fixed;
 (b) you engage in unlawful, misleading, or harmful conduct;
 (c) your actions interfere with our ability to deliver the services; or
 (d) you become insolvent or cease business operations.
- What Happens When the Agreement Ends
When the agreement ends:
(a) any unpaid fees up to the end date must be settled, including fees covering any applicable notice period (calculated proportionally if required);
(b) we may remove or delete stored data after a reasonable timeframe; and
(c) any terms relating to payments, liability, or intellectual property will continue to apply even after the agreement has ended.

2. Provision of Services

- How We Deliver the Services
Throughout the duration of this agreement, we will:
(a) carry out the agreed services with due care, competence, and attention, consistent with accepted standards within the digital marketing industry;
(b) provide guidance, insights, and recommendations aimed at improving marketing performance;
(c) keep you updated on relevant progress, developments, and key activities;
(d) communicate any issues or limitations that may affect outcomes or timelines; and
(e) provide reporting, summaries, or performance insights where appropriate.
- Data & Performance Insights
To perform the services, we may access and work with data from advertising and analytics platforms, including but not limited to Google Ads, Meta platforms, Google Analytics, and similar tools.
This may involve:
(a) analysing user activity, campaign metrics, conversion data, and audience behaviour; and
(b) using any other relevant data required to manage campaigns, optimise performance, and assess results.
- Handling of Client Information
You acknowledge and agree that we may:
(a) use data, materials, and account access provided by you for the purpose of delivering the services;
(b) review historical data where available to identify trends and opportunities; and
(c) retain general learnings or non-identifiable insights for internal use and service improvement.
We will not share confidential or personally identifiable information with third parties, except where required to provide the services or where disclosure is required by law.
- Non-Identifiable Data Use
We may use aggregated or de-identified information for internal analysis, benchmarking, and improving how we deliver our services, provided it does not identify your business.
- Platforms & External Tools
Delivery of the services may involve the use of third-party platforms, software, or tools (including advertising networks, analytics systems, and AI-based tools).
We do not control these platforms and are not responsible for their performance, outages, policy changes, or limitations.
- Use of Business Name & Results
With your consent, we may reference your business name, high-level results, or outcomes for portfolio, case study, or marketing purposes, provided no sensitive or confidential information is disclosed.
- Use of Third Parties
We may engage external contractors or specialists where appropriate to assist in delivering the services. We remain responsible for the overall coordination and delivery of the work.

3. Client Responsibilities

- General Responsibilities
You agree that:
(a) you have the right to use and provide any content, data, or materials supplied to us, and that doing so does not infringe on any third-party rights;
(b) any platforms, accounts, domains, or systems you provide access to are owned or properly authorised for use by you;
(c) your website, tracking, and related systems are maintained and functioning, and you are responsible for their ongoing availability;
(d) the information you provide is accurate, up to date, and not misleading;
(e) you will review and respond to communications, approvals, and requests within a reasonable timeframe; and
(f) you will act in good faith and work collaboratively to allow us to deliver the services effectively.
- Client Content & Data
You are solely responsible for the accuracy, legality, and integrity of any content, data, or materials you provide.
We are not liable for any issues arising from incorrect, incomplete, or non-compliant content supplied by you.
- Access & Cooperation
During the term of the agreement, you agree to:
(a) provide access to relevant platforms, accounts, and tools required to deliver the services (including logins where necessary);
(b) supply any information, documents, or materials reasonably requested;
(c) ensure appropriate backups and security measures are in place for your website and systems; and
(d) cooperate with reasonable requests required to perform the services.
- Compliance & Conduct
You agree to:
(a) use the services only for lawful and legitimate business purposes;
(b) not engage in misleading, deceptive, or unlawful advertising or business practices;
(c) not use the services in a way that could harm our reputation, systems, or ability to operate; and
(d) comply with all applicable laws, platform policies (e.g. Google, Meta), and regulations.
- Monitoring & Protection
We may monitor activity where reasonably required to:
ensure compliance with these terms;
deliver the services effectively; or
protect our business, systems, or rights.
- Intellectual Property & Use
You must not copy, reproduce, resell, or exploit any part of the services, strategies, or materials we provide without written permission.
- Misuse & Termination
We reserve the right to suspend or terminate services if you:
engage in abusive, threatening, or inappropriate behaviour;
repeatedly breach these terms; or
act in a way that prevents us from delivering the services properly.

4. Fees & Payments

- Fees
Your fees will be outlined in your proposal, agreement, or onboarding documentation.
Unless otherwise stated, all pricing is exclusive of GST.
- Payment Terms
Invoices will be issued in line with your agreed billing structure (for example, upfront, monthly, or milestone-based).
Unless otherwise agreed, payment is due within 14 days of the invoice date.
You agree to make all payments on time and in full.
- Payment Methods
Where agreed, you authorise us to charge your nominated payment method (such as a credit/debit card or direct debit) for ongoing or recurring services.
If automatic payments are not in place, it is your responsibility to ensure invoices are paid by the due date.
- Additional Costs
Any third-party costs (including ad spend, software subscriptions, or external tools) are separate from our fees unless otherwise specified.
- Changes to Scope
If the scope of work changes, we may adjust pricing to reflect the additional work required. Any changes will be communicated where possible.

5. Late or Failed Payments

- Overdue Payments
If payment is not received by the due date, we reserve the right to:
(a) pause or limit services until payment is made;
(b) apply reasonable late fees or interest where applicable; and
(c) require future payments to be made upfront.
- Failed Payments
If a payment attempt fails (for example, due to insufficient funds), you must resolve the issue promptly.
We may retry the payment or request an alternative payment method.
- Continued Non-Payment
If payments remain outstanding, we may:
(a) suspend all services;
(b) terminate the agreement in accordance with these Terms; and
(c) take reasonable steps to recover the outstanding amount, including engaging debt collection services or pursuing legal action where necessary.

6. Confidentiality

- Confidential Information
Both parties agree to keep confidential any non-public, sensitive, or proprietary information shared during the course of the agreement.
This includes business data, strategies, account access, financial information, and any other information that would reasonably be considered confidential.
- Obligations
Each party agrees to:
(a) not disclose confidential information to any third party without prior consent;
(b) not use confidential information for any purpose outside of the agreed services;
(c) take reasonable steps to protect confidential information from unauthorised access or disclosure; and
(d) only share confidential information internally where necessary to deliver the services.
- Exclusions
Confidential information does not include information that:
(a) is already publicly available (other than through a breach of these Terms);
(b) is required to be disclosed by law; or
(c) has been approved for release by the other party.
- Portfolio Use
We may use general information, results, or non-sensitive details for portfolio, case studies, or marketing purposes where permission has been given. Any approved material will not be treated as confidential for that purpose.

7. Privacy

- Compliance
We will handle personal information in accordance with applicable Australian privacy laws.
You agree to comply with relevant privacy obligations in relation to any data you provide to us.
- Use of Data
We may collect, store, and use data provided by you for the purpose of delivering the services.
This may include:
(a) managing campaigns and accounts;
(b) analysing performance and improving results; and
(c) maintaining the security and functionality of the services.
- Data Protection
We take reasonable steps to protect your data from misuse, loss, or unauthorised access. However, you acknowledge that no system is completely secure.
- Third-Party Platforms
Your data may be processed through third-party platforms (such as Google, Meta, or analytics tools) as part of delivering the services.
We are not responsible for how these third parties handle data outside of our control.
- Legal Requirements
We may disclose information where required to comply with legal obligations or to protect our rights, business, or services.

8. Independent Contractor

- Relationship
We operate as an independent contractor and not as your employee, partner, or agent.
Nothing in this agreement creates any form of employment, partnership, or joint venture between us.
- Control of Work
We retain full control over how the services are delivered, including the methods, tools, and processes used to complete the work.
- No Authority
Neither party has the authority to act on behalf of, bind, or make commitments for the other unless agreed in writing.

9. Notices

- How to Contact Us
Any formal notices or communications relating to this agreement should be sent via email.
Our contact details are:
Mitch Does Marketing
 mitch@mitchdoesmarketing.com
- Delivery of Notices

A notice will be considered received:
(a) when sent by email and no delivery failure is received; or
(b) at the time it is delivered if sent by hand.
If a notice is sent outside of normal business hours in Western Australia, it will be considered received on the next business day.