Indi Creative Agency Pty Ltd. These terms apply to all services. Questions before signing anything? Call 1300 808 653 or email admin@indicreativeagency.com.au and we will talk you through them.
By engaging Indi Creative ("the Agency"), you agree to these Terms & Conditions ("T&Cs"). These apply to all services unless a separate written contract overrides them.
The Agency provides digital marketing services including, but not limited to, Google Ads management, SEO, landing page builds, website builds, CRM setup, automation setup, creative campaigns, consulting, and lead generation campaigns. The exact scope of services will be outlined in your proposal, invoice, written communication, or service agreement.
All setup fees, onboarding fees, implementation fees, strategy fees, creative fees, consultation fees, and related costs are strictly non-refundable once work has commenced.
This includes, but is not limited to, account setup, campaign builds, tracking implementation, landing page creation, CRM setup, automation setup, research, strategy, creative production, and consulting time.
No refunds will be provided for change of mind, business closure, delayed launches, reduced marketing spend, dissatisfaction where services have been performed, or partially used billing periods.
Advertising spend, media budgets, software subscriptions, domains, hosting, tracking tools, CRM fees, and third-party platform costs are separate from Agency management fees unless explicitly stated otherwise.
The client is solely responsible for these costs.
The Agency is not responsible for pricing changes, outages, restrictions, suspensions, policy changes, or decisions made by third-party providers including Google, Meta, TikTok, hosting providers, CRMs, or software vendors.
All landing pages created by the Agency remain on the Agency's servers and/or domains, including but not limited to crolp.com, unless the client pays a transfer fee as quoted by the Agency.
Without payment of this fee, no ownership, transfer rights, or hosting rights are granted.
The Agency may restrict or revoke access to landing pages, funnels, tracking systems, automation systems, or other digital assets if invoices remain unpaid.
Clients must provide all necessary access, accounts, logins, files, approvals, information, and permissions required for the Agency to deliver services.
Client delays, lack of communication, delayed approvals, or failure to provide required materials do not affect billing obligations.
Clients are responsible for compliance with laws and regulations relating to their industry, advertising claims, products, services, and content.
The Agency is not responsible for delays, reduced performance, missed deadlines, rejected ads, or campaign issues caused by the client's failure to provide access, approvals, accurate information, or compliant content.
The Agency will use proven strategies, best practices, and commercially reasonable efforts when delivering services.
No guarantees are made regarding specific results, including leads, sales, conversions, rankings, return on ad spend, revenue, profitability, or business growth, as factors outside the Agency's control affect outcomes.
Past performance does not guarantee future results.
The Agency is not liable for performance impacts caused by external factors or third-party platforms.
This includes, but is not limited to, Google algorithm updates, Meta platform changes, ad account suspensions, policy changes, competitor activity, market conditions, economic conditions, tracking issues, CRM failures, website outages, domain issues, DNS issues, hosting issues, software failures, or changes to advertising platforms.
All creative, strategies, systems, templates, frameworks, copywriting, advertising structures, scripts, processes, and assets remain the property of the Agency until all fees are paid in full.
After payment, ownership of final deliverables passes to the client, excluding third-party tools, software, licensed materials, Agency systems, internal processes, templates, frameworks, and pre-existing intellectual property.
The client receives no ownership or transfer rights over Agency-owned systems, methods, templates, tools, or infrastructure unless explicitly agreed in writing.
Both parties agree to keep sensitive business, financial, strategic, and marketing information strictly confidential unless disclosure is required by law or authorised in writing.
By engaging Indi Creative Agency Pty Ltd ("Indi Creative"), you acknowledge and agree that Indi Creative may record, store, analyse, and use any data, communications, and materials generated throughout the course of the engagement, including but not limited to phone calls, meetings, screen shares, messages, emails, project discussions, strategy sessions, creative reviews, performance reviews, campaign discussions, and general communications ("Client Data").
You grant Indi Creative a perpetual, worldwide, royalty-free, transferable licence to use, reproduce, edit, publish, distribute, and display Client Data for marketing, promotional, training, case study, educational, business development, and content-creation purposes across any media channels now known or later developed, including but not limited to social media, websites, advertising materials, and internal training resources.
Indi Creative will take reasonable steps to avoid the disclosure of highly sensitive commercial information, such as account logins, private financial details, or personal identifying data of your customers. You acknowledge that general discussions, call recordings, performance reviews, campaign results, and non-sensitive operational communication may be used publicly without further notice or compensation.
If you do not wish specific material to be used, you must notify Indi Creative in writing before the content is produced or published. Silence or ongoing engagement constitutes consent.
The client agrees to indemnify and hold harmless Indi Creative Agency Pty Ltd, its directors, employees, contractors, affiliates, and representatives from any claims, liabilities, damages, losses, penalties, legal costs, or expenses arising from the client's business operations, advertising claims, breach of laws or regulations, intellectual property infringement, products or services sold by the client, content supplied by the client, or misleading or unlawful conduct.
The Agency is not liable for loss of profit, business interruption, loss of data, lost opportunities, advertising losses, reputational damage, or indirect, incidental, consequential, or special damages.
All services are provided on a best-efforts basis. The Agency provides no warranties, express or implied, regarding uninterrupted service, specific results, profitability, or commercial success.
Maximum liability is capped at the total management fees paid by the client in the 3 months prior to the claim.
The client agrees not to initiate chargebacks or payment reversals for valid invoices relating to services already delivered or work already commenced.
Where a chargeback or payment dispute is initiated, the Agency reserves the right to immediately suspend all services and recover any associated losses, fees, administrative costs, or legal expenses.
The Agency reserves the right to terminate services immediately if:
Termination does not waive any outstanding payment obligations.
The Agency reserves the right to amend, modify, or update these Terms & Conditions at any time without prior notice.
The latest version of these Terms & Conditions applies to all ongoing and future services immediately upon publication or communication by the Agency.
Continued engagement with the Agency constitutes acceptance of any updated Terms & Conditions.
These T&Cs are governed by the laws of New South Wales, Australia.
Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of New South Wales, Australia.
By paying an invoice, signing an agreement, approving work, providing payment details, or authorising Indi Creative to commence work, you accept these Terms & Conditions in full.