Last updated: May 2025
These Terms of Service govern the provision of services by New Wave Digital Marketing Pty Ltd (ABN on request) ("we", "us", "our") to our clients ("you", "your"). By engaging our services or signing a service agreement, you agree to these terms.
Registered business address: 2481 Gold Coast Hwy, Mermaid Beach QLD 4218
Contact: accounts@newwavedm.com
We provide digital marketing services including but not limited to:
The specific services, deliverables and timelines for each engagement are defined in the proposal or service agreement provided to you before work commences.
Work commences once you have provided written acceptance of a proposal (via email or signed document) and paid any applicable deposit or first invoice.
We operate on a no lock-in contract basis for ongoing retainer services. Month-to-month arrangements require 30 days written notice to cancel, unless otherwise specified in your service agreement.
Project-based engagements (websites, one-time setups) are governed by the milestones and payment schedule outlined in the relevant proposal.
If you are experiencing financial difficulty, please contact us. We would rather work something out than have a dispute.
To allow us to deliver the best results, you agree to:
Delays caused by your failure to provide materials, access or approvals may impact delivery timelines. We are not liable for delays resulting from your non-response.
Your content: You retain ownership of all content, logos, images and materials you provide to us.
Work we create: Once full payment has been received, you own the deliverables we create specifically for you (website designs, copy, campaign structures). We retain the right to use completed work in our portfolio and case studies unless you request otherwise in writing.
Our methods & tools: Our processes, templates, proprietary automation workflows and technology remain our intellectual property at all times. Engaging us does not grant you any licence to these underlying tools or methodologies.
Third-party tools: Some services include third-party software (GoHighLevel, Google Ads, etc.). Your use of those platforms is subject to their own terms.
Digital marketing results depend on many factors outside our control: search algorithm updates, competitor activity, market conditions, your conversion rate, budget, and more. We cannot guarantee specific rankings, lead volumes or revenue outcomes.
What we do guarantee: we will deliver the agreed scope of work professionally and to the best of our ability, report transparently on performance, and make data-driven recommendations throughout the engagement.
Any performance benchmarks or projections we share are estimates based on experience and available data, not binding commitments.
Both parties agree to keep each other's confidential information private. We will not share your business data, financials or strategy with third parties except as required to deliver your services (e.g., granting a media buyer access to your Ads account).
You agree not to share our proprietary processes, proposals or internal reports outside your organisation without our written consent.
Confidentiality obligations survive termination of the engagement by 2 years.
By you: You may cancel ongoing retainer services with 30 days written notice. Project-based work may be cancelled before completion. You will be invoiced for work completed to the date of cancellation.
By us: We reserve the right to terminate an engagement immediately if you breach these terms, fail to pay overdue invoices, or ask us to engage in activities that are unlawful, unethical or that violate platform policies.
On termination: We will transfer all relevant account access back to you and provide a final report. Any outstanding invoices become immediately due and payable.
To the maximum extent permitted by Australian law, our total liability to you for any claim arising from our services is limited to the fees paid by you in the 3 months preceding the claim.
We are not liable for any indirect, consequential or special losses, including loss of revenue, profit or business opportunity, even if we have been advised of the possibility of such losses.
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything that cannot be excluded under Australian Consumer Law.
These terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.
We encourage you to contact us directly to resolve any concerns before pursuing formal action. Most issues can be sorted with a conversation.
If anything here isn't clear, just get in touch. We prefer plain conversations over fine print.
