Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms have the following meanings:

• "OzComms" ("we", "us", "our") refers to OzComms Pty Ltd, an Australian-owned digital agency.
• "Client" ("you", "your") refers to any individual, company, or organisation that engages our services.
• "Services" refers to web development, app development, SEO, digital marketing, and any other services we provide.
• "Project" refers to the specific scope of work agreed upon in a Proposal or Statement of Work.
• "Deliverables" refers to all materials, code, designs, documents, and other outputs produced as part of the Project.
• "Intellectual Property" refers to all copyrights, trademarks, patents, trade secrets, and other proprietary rights.
• "Confidential Information" refers to all non-public information disclosed by either party during the engagement.

2. Acceptance of Terms

By accessing our website, requesting a quote, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms outlined in your Project Proposal.

If you do not agree to these terms, you must not use our website or services. We reserve the right to refuse service to anyone for any reason at any time.

These terms may be updated from time to time. Continued use of our services after changes constitutes acceptance of the revised terms.

3. Services We Provide

OzComms provides the following digital services to Australian businesses:

• Custom website design and development
• Mobile application development (iOS, Android, cross-platform)
• Search Engine Optimisation (SEO) and local search optimisation
• Digital marketing including Google Ads, Meta Ads, and LinkedIn campaigns
• Website security audits and hardening
• UI/UX design and branding services
• Content strategy and copywriting
• Ongoing website maintenance and support

The specific scope, timeline, and deliverables for each Project will be detailed in a written Proposal or Statement of Work agreed upon by both parties.

4. Proposals, Quotes, and Agreements

All proposals and quotes provided by OzComms are valid for 30 days from the date of issue unless otherwise stated. A Project officially begins when:

1. The Client accepts the Proposal in writing (email or signed agreement)
2. The initial deposit (as specified in the Proposal) has been received
3. All required onboarding materials (brand assets, content, access credentials) have been provided by the Client

Any changes to the scope of work after Project commencement must be documented in a written Change Order and may result in additional fees.

5. Payments, Fees, and Invoicing

Our payment terms are as follows:

Important:

• All prices are in Australian Dollars (AUD) unless otherwise specified
• All quoted prices exclude GST unless stated otherwise
• Late payments incur a fee of 1.5% per month on the outstanding balance
• Work may be paused if payment is more than 14 days overdue
• We accept payment via bank transfer, credit card, and PayPal

6. Intellectual Property and Ownership

Upon full payment of all fees, ownership of the Deliverables transfers to the Client as follows:

• Custom code and designs created specifically for your Project become your property
• Third-party software, plugins, or themes remain the property of their respective owners and are licensed to you under their terms
• Stock images, fonts, or assets we license on your behalf are subject to the original license terms
• Our proprietary frameworks, tools, or methodologies remain our property
• Pre-existing work or reusable components we incorporate remain our property

We retain the right to use your Project as a case study or portfolio piece unless you explicitly request otherwise in writing before Project commencement. We will never disclose confidential business information.

7. Client Responsibilities

To ensure successful Project delivery, the Client agrees to:

• Provide all required content, images, brand assets, and access credentials within 5 business days of request
• Respond to feedback requests and approval requests within 3 business days
• Provide timely and constructive feedback during the review process
• Ensure all provided materials do not infringe on third-party intellectual property rights
• Maintain backups of their own data and content
• Obtain necessary permissions for use of third-party content (images, videos, trademarks)

Delays caused by the Client (failure to provide materials, delayed feedback, scope changes) may result in timeline extensions and additional fees.

8. Our Responsibilities

OzComms commits to:

• Deliver all services with reasonable skill, care, and diligence
• Adhere to the agreed timeline and scope as outlined in the Proposal
• Communicate regularly and transparently about Project progress
• Provide reasonable post-launch support as specified in the Proposal
• Maintain confidentiality of all Client information
• Comply with all applicable Australian laws and industry standards
• Implement industry-standard security practices for all Deliverables

9. Revisions, Changes, and Scope Creep

Each Project includes a specified number of revision rounds as outlined in the Proposal. Additional revisions beyond the agreed scope will be charged at our standard hourly rate.

A "revision" is defined as a round of changes to existing work. A "change" or "scope change" is defined as work that was not included in the original Proposal, including:

• Additional pages, features, or functionality not originally agreed upon
• Complete redesigns after initial approval
• Integration with third-party systems not originally specified
• Content creation beyond the agreed scope
• Rush requests requiring work outside normal business hours

All scope changes require a written Change Order and may result in timeline extensions and additional fees.

10. Timeline and Delays

Project timelines are estimates based on the agreed scope and timely Client cooperation. OzComms is not liable for delays caused by:

• Client delays in providing materials, feedback, or approvals
• Third-party service outages or API changes
• Force majeure events (natural disasters, pandemics, government actions)
• Changes to the scope of work
• Technical issues with Client-provided hosting or infrastructure

We will communicate any anticipated delays as soon as they become known and work with you to adjust timelines accordingly.

11. Warranties and Disclaimers

OzComms warrants that:

• All Deliverables will be free from material defects for 30 days from launch date
• All custom code will be developed in accordance with industry best practices
• We have the right to provide all Deliverables and grant the rights specified in these terms

Disclaimer: We do not guarantee specific results from SEO, digital marketing, or any service that depends on third-party platforms (Google, Meta, etc.). Algorithm changes, market conditions, and competition are outside our control. We commit to best-practice execution, not guaranteed rankings, traffic, or revenue.

All services are provided "as is" without warranties of any kind, either express or implied, except as explicitly stated above.

12. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability for any claim arising from our services is limited to the total amount paid by the Client for the specific Project giving rise to the claim
• We are not liable for any indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption
• We are not responsible for third-party services, hosting providers, or platforms used in connection with our services
• We are not liable for security breaches caused by Client negligence, outdated software, or third-party vulnerabilities

These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise).

13. Termination

By Client: The Client may terminate the Project at any time by providing written notice. The Client remains liable for:

• All work completed up to the termination date
• Any non-refundable deposits or fees as specified in the Proposal
• Any third-party costs already incurred on the Client's behalf

By OzComms: We may terminate the Project if:

• Payment is more than 30 days overdue
• The Client breaches these terms and fails to remedy the breach within 14 days of notice
• The Client's conduct is abusive, threatening, or unethical

Upon termination, all outstanding fees become immediately due and payable.

14. Confidentiality and Non-Disclosure

Both parties agree to maintain the confidentiality of all non-public information disclosed during the engagement. This includes:

• Business strategies, financial information, and customer data
• Technical specifications, source code, and system architecture
• Login credentials, API keys, and access tokens
• Any information marked as "confidential" or that should reasonably be understood as confidential

This obligation survives termination of the agreement and continues for 3 years thereafter. Either party may disclose confidential information if required by law or court order, provided prompt notice is given to the other party.

15. Dispute Resolution

In the event of a dispute, both parties agree to:

1. First attempt to resolve the dispute through good-faith negotiation
2. If negotiation fails, attempt mediation through a mutually agreed mediator
3. If mediation fails, either party may pursue legal remedies through the courts of New South Wales

All disputes must be initiated within 12 months of the event giving rise to the dispute.

16. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any legal proceedings arising from these terms shall be brought exclusively in the courts of New South Wales.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Us

For any questions about these Terms and Conditions, or to discuss a potential project, please contact us:

18. Entire Agreement

These Terms and Conditions, together with the applicable Project Proposal and Privacy Policy, constitute the entire agreement between OzComms and the Client regarding the subject matter herein. They supersede all prior agreements, understandings, and negotiations, whether written or oral.

© 2026 OzComms Pty Ltd. All rights reserved. These Terms and Conditions are provided for informational purposes and do not constitute legal advice. For specific legal guidance, please consult a qualified attorney.