1. Who these terms apply to
These Terms & Conditions apply between MAD Multimedia Marketing ("MAD", "we", "us" or "our") and any person or organisation that uses our website, requests a quote, accepts a proposal, books work or otherwise engages us to provide services ("you" or "the client").
An accepted quote, proposal, scope, work order or written agreement may contain extra or different project-specific terms. If there is an inconsistency, the project-specific document takes priority for that project to the extent of the inconsistency.
2. Quotes, scope and approvals
We will describe the agreed work, inclusions, assumptions, pricing and any key milestones in the quote, proposal or other written scope provided to you. Anything not included in that scope is not included in the agreed price unless we confirm otherwise in writing.
- You are responsible for checking the scope before approving it.
- Approvals may be given in writing, by email, through an agreed project system, or by paying an invoice or deposit where the quote states that payment constitutes acceptance.
- We may rely on approvals and instructions provided by you or an authorised representative of your business.
3. Your responsibilities
To allow us to complete work efficiently, you agree to provide information, access, content and decisions reasonably required for the project.
- You must have the right to provide any text, images, logos, data, credentials, software, devices or other material supplied to us.
- You are responsible for checking factual, legal and regulatory claims in content relating to your business before publication.
- You must keep copies of important information and credentials unless we have specifically agreed to manage backups for you.
- Delays in providing content, access, approvals or feedback may move delivery dates.
4. Fees, invoices and payment
Fees, deposits, milestones and payment dates are those shown on the relevant quote or invoice. Unless we agree otherwise in writing, additional work outside the agreed scope may be quoted separately or charged at an agreed rate.
If an invoice becomes overdue, we may pause work or withhold delivery of unfinished work until the account is brought up to date, where it is reasonable and lawful to do so. You remain responsible for amounts properly charged for work already completed and approved third-party costs we have committed to on your behalf.
5. Changes and additional work
Projects change. If you ask for work beyond the approved scope, we will generally confirm the change, likely timing and any additional cost before carrying it out. Small changes may be grouped together and billed as agreed with you.
A request that materially changes the original project may require a revised quote or a new scope of work.
6. Websites and digital services
For website, ecommerce and related digital work:
- Browser, device and third-party platform behaviour can change after launch. Ongoing compatibility work is not included unless the agreed scope includes maintenance or support.
- Hosting, domains, plugins, apps, payment processors, APIs and other third-party services remain subject to their own terms, pricing, availability and technical limits.
- Search rankings, traffic, enquiries and sales depend on factors outside our control and are not guaranteed.
- Where you manage the site after handover, changes made by you or another provider may affect performance, security or functionality.
7. Software development
For custom software, applications, portals, dashboards, automations and integrations:
- The agreed specification and acceptance criteria define the work to be delivered.
- Software may depend on operating systems, browsers, APIs, libraries, cloud services or other third-party systems that can change independently of MAD.
- Unless ongoing support is included, new features, compatibility changes and post-launch enhancements are separate work.
- No software can be guaranteed to be completely free of defects or security risk. We will use reasonable care and skill and address defects in accordance with the agreed support arrangement and applicable law.
8. Marketing and creative services
Marketing outcomes are affected by audience behaviour, competition, platform algorithms, advertising policies, budgets, market conditions and other factors outside our control. We do not guarantee a specific number of leads, sales, followers, impressions, rankings or other commercial result unless that guarantee is expressly made in writing.
You are responsible for final approval of claims, offers, prices and business-specific information before campaigns or creative material are published.
9. IT & PC services
When we diagnose, repair, upgrade, configure or work on devices and systems:
- You authorise us to perform reasonable diagnostics and the work you approve.
- You should back up important data before work begins whenever reasonably possible. Tell us before work starts if a device contains critical or irreplaceable data.
- Hardware may have pre-existing faults or fail during ordinary testing, disassembly or use. We will take reasonable care and skill but cannot make functioning hardware out of a component that has independently failed.
- Where data recovery is requested, recovery may be partial or unsuccessful depending on the condition of the device or storage media.
- Call-out, travel, diagnostic, parts and labour charges are those agreed before or during the job.
10. Parts, licences and third-party costs
Hardware, software licences, domains, hosting, advertising spend, subscriptions and other third-party purchases may be charged separately. Manufacturer or provider warranties and licence terms apply to those items.
If a third-party provider changes its price, service, API, policy or availability, we may need to revise the affected solution or quote. We will discuss material changes with you before incurring additional costs where reasonably possible.
11. Intellectual property
Unless the project agreement says otherwise, once all amounts due for the relevant work have been paid, you may use the final bespoke deliverables created specifically for your project for their intended purpose.
MAD retains ownership of its pre-existing materials, know-how, reusable code, development methods, frameworks, libraries, templates, utilities and generic components. Third-party assets remain subject to their applicable licences. Where practical, we will identify material third-party licensing requirements relevant to your project.
12. Confidentiality and access
Each party should keep confidential information received from the other party confidential and use it only as reasonably required for the project, except where disclosure is authorised, required by law or necessary to a service provider involved in delivering the work.
If you give us credentials or administrative access, we will use them for the agreed work. You should rotate sensitive credentials after handover when appropriate.
13. Portfolio and publicity
Unless you ask us not to, we may identify completed public-facing work as work created by MAD and show screenshots, publicly available branding or a link to the finished project in our portfolio, website or promotional material. We will not intentionally publish your confidential information through a portfolio example.
14. Delays and events outside our control
Delivery dates are estimates unless expressly agreed as fixed. Neither party is responsible for delay caused by events reasonably outside its control, including outages, supplier failures, platform changes, natural events or delays caused by required third-party approvals. We will communicate material delays when reasonably possible.
15. Cancellation and ending a project
Either party may ask to end a project. If that happens, we will work out what has been completed, what third-party commitments have already been made, and what materials can reasonably be handed over. You may be charged for work properly performed up to the cancellation date and approved non-recoverable costs, subject always to your rights under applicable law.
We may suspend or end work for serious non-payment, unlawful instructions, abusive conduct, security risk or a material breach that is not remedied after reasonable notice where notice is appropriate.
16. Australian Consumer Law
Our goods and services may come with consumer guarantees under the Australian Consumer Law. These rights apply automatically when the law says they apply and cannot be excluded or reduced by these terms.
If there is a problem with goods or services supplied by MAD, the remedy available will depend on the circumstances and applicable law, including whether a failure is major or minor.
17. Liability
We will provide services with reasonable care and skill. To the maximum extent permitted by law, neither party is responsible to the other for loss caused by circumstances outside that party's reasonable control, or for loss caused by the other party's breach, misuse, unauthorised changes or failure to follow reasonable instructions.
Nothing in these terms excludes liability or remedies that cannot lawfully be excluded, including applicable consumer guarantees.
18. Website use
Content on this website is general information about MAD and our services. You may view and use the website for legitimate purposes, but you must not intentionally interfere with its operation, attempt unauthorised access, copy protected material for commercial reuse without permission, or use the website unlawfully.
Links to third-party websites are provided for convenience. We are not responsible for the content or availability of third-party websites we do not control.
19. Privacy
Our handling of personal information is described in our Privacy Policy.
20. Changes to these terms
We may update these website terms from time to time. The version that applies to a particular project will generally be the version provided or made available when that project was accepted, unless the parties agree otherwise or a change is required by law.