Terms & Conditions
Last updated: January 2024 · Please read these terms carefully before engaging Kaza Digital for any services. By instructing us to proceed with work, you agree to these terms.
1. About Us
Kaza Digital ("we", "us", "our") is a digital marketing agency based in Brisbane, Queensland, Australia, providing website design, search engine optimisation, conversion rate optimisation, and related services. Contact: help@kazadigital.au.
2. Engagement & Proposals
All work undertaken by Kaza Digital begins with a written proposal or statement of work agreed between both parties. Work commences only upon receipt of written confirmation (email acceptance is sufficient) and, where applicable, the payment of a deposit.
We reserve the right to decline any project at our discretion.
3. Fees & Payment
- Project work — a deposit of 50% is required before work begins. The remaining balance is due upon completion and prior to delivery of final files or go-live.
- Ongoing retainers — invoiced monthly in advance. Payment is due within 14 days of invoice date.
- Late payment — we reserve the right to charge interest on overdue invoices and/or suspend services in the event of non-payment. We will provide reasonable notice before doing so.
- GST — all prices are exclusive of GST unless stated otherwise. GST at the current rate (10%) will be added to invoices issued to Australian clients where applicable.
- All prices are quoted in Australian Dollars (AUD) unless otherwise specified in writing.
4. Intellectual Property & Ownership
Upon receipt of full and final payment, all deliverables produced by Kaza Digital — including website code, copy, and design assets — become the sole property of the client. Kaza Digital retains no ongoing rights to the work.
Prior to full payment, all work remains the intellectual property of Kaza Digital.
The client warrants that any materials supplied to Kaza Digital (including copy, images, logos, and brand assets) do not infringe the intellectual property rights of any third party. Third-party intellectual property rights are governed by the Copyright Act 1968 (Cth) and other applicable Australian legislation.
5. Client Responsibilities
To enable us to deliver on time and to the agreed standard, the client agrees to:
- Provide all required materials (copy, images, access credentials) within agreed timeframes.
- Provide timely feedback and approvals — we allow up to 5 business days for review at each stage.
- Nominate a single point of contact for the project to avoid conflicting instructions.
Delays caused by the client may result in revised delivery timelines or additional fees.
6. Revisions & Scope
Each project proposal includes a defined number of revision rounds. Work outside the agreed scope will be quoted separately and must be approved in writing before we proceed.
Requests to expand the project scope materially after work has begun may require a revised proposal and additional fees.
7. Ongoing Services & Cancellation
Ongoing retainer services (e.g. SEO, growth management) operate on a rolling monthly basis with no minimum contract term unless otherwise stated in the proposal.
Either party may terminate ongoing services by providing 30 days' written notice. Work completed during the notice period is chargeable at the standard monthly rate.
Kaza Digital reserves the right to suspend services immediately in the event of non-payment.
8. Consumer Guarantees
Where you are a consumer under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), you have certain rights and remedies that cannot be excluded, restricted, or modified. These terms do not exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If a service is not rendered with due care and skill, or is not fit for a purpose you specified, you may be entitled to a remedy.
9. Results & Guarantees
While we work diligently to deliver the best possible results, Kaza Digital does not guarantee specific outcomes such as particular search engine rankings, conversion rates, or lead volumes. Digital marketing results depend on many factors outside our direct control, including search engine algorithm changes and market conditions.
We commit to applying our full expertise and effort to every engagement and to communicating openly about performance and any challenges that arise.
10. Limitation of Liability
To the extent permitted by law (including the Australian Consumer Law), Kaza Digital's total liability to a client in connection with any project or engagement shall not exceed the total fees paid by the client for that specific project in the 12 months preceding the claim.
To the extent permitted by law, we are not liable for any indirect, consequential, or special losses, including loss of profit, loss of business, or loss of data, arising from or in connection with our services.
Nothing in these terms limits or excludes any liability that cannot be limited or excluded under applicable law, including the Australian Consumer Law.
11. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive business information shared during the course of an engagement. This obligation survives the termination of any contract between us.
12. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. By engaging our services, you consent to the collection and use of your information as described in our Privacy Policy.
13. Governing Law
These terms are governed by the laws of Queensland, Australia. Any disputes shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia.
14. Contact
Email: help@kazadigital.au
If you have any questions about these terms, please contact us before engaging our services.