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Terms & Conditions

Last Updated: 28 / 05 / 2026

Welcome to Not Another Marketing Agency.

These Terms and Conditions govern your use of our website, services, products, digital materials, proposals, packages, and any work provided by Not Another Marketing Agency.

By using our website, submitting an enquiry, accepting a proposal, paying an invoice, booking a service, or engaging us to perform work, you agree to these Terms and Conditions.

If you do not agree with these Terms and Conditions, please do not use our website or engage our services.

About Us

Not Another Marketing Agency is a digital marketing agency based in South Australia.

Business name: Not Another Marketing Agency
Website: www.notanothermarketingagency.com.au
Email: admin@notanothermarketingagency.com.au
Location: South Australia, Australia

In these Terms and Conditions, “we”, “us”, “our”, and “the Agency” refer to Not Another Marketing Agency. “You”, “your”, and “the Client” refer to the person, business, company, organisation, or entity engaging our services or using our website.

Our Services

We provide digital marketing and creative services, which may include but are not limited to:

  • marketing strategy

  • marketing audits

  • website design and development

  • website updates and optimisation

  • branding and brand strategy

  • logo design

  • graphic design

  • social media graphics

  • social media strategy

  • social media scheduling and posting

  • content creation

  • copywriting

  • newsletter design and email marketing

  • search engine optimisation, also known as SEO

  • Meta ads management

  • Google ads management

  • campaign planning

  • reporting and analytics

  • digital marketing support

  • other related marketing, creative, and consulting services

The exact services we provide to you will be set out in your proposal, quote, invoice, package description, written agreement, email confirmation, or other written communication from us.

Eligibility to Work With Us

By engaging our services, you confirm that:

  • you are at least 18 years old;

  • you have the authority to act on behalf of yourself, your business, or the organisation you represent;

  • all information you provide to us is accurate, complete, and not misleading;

  • you will provide us with the access, approvals, materials, information, and cooperation reasonably required for us to perform the services; and

  • your business, content, products, or services do not breach any applicable laws or third-party rights.

We reserve the right to refuse service, end a working relationship, or decline a project where we believe the project is unsuitable, unlawful, unethical, outside our capabilities, or not aligned with our business values.

Proposals, Quotes, and Scope of Work

Before starting work, we may provide you with a proposal, quote, invoice, package description, or written scope of work.

A proposal or quote may include:

  • the services to be provided;

  • project inclusions;

  • project exclusions;

  • estimated timeframes;

  • fees and payment terms;

  • revision limits;

  • deliverables;

  • client responsibilities;

  • third-party costs;

  • ongoing support terms; and

  • any special conditions.

A quote or proposal is valid for 14 days from the date issued unless otherwise stated in writing.

Work will not begin until you have accepted the proposal or quote and paid any required deposit, upfront payment, or first invoice.

Any services, features, pages, revisions, meetings, integrations, designs, assets, campaigns, or deliverables not expressly included in the agreed scope may be treated as additional work and charged separately.

Changes to Scope

If you request work outside the agreed scope, we may provide a revised quote or additional invoice before carrying out the extra work.

Examples of additional work may include:

  • extra website pages;

  • additional design concepts;

  • additional revisions;

  • urgent turnaround requests;

  • additional meetings or consultations;

  • rewriting approved copy;

  • redesigning approved concepts;

  • extra social media posts or graphics;

  • additional campaign setup;

  • additional email sequences or newsletters;

  • changes caused by incomplete or incorrect information supplied by you;

  • troubleshooting third-party platforms, plugins, hosting, accounts, or integrations;

  • work requested after project completion; and

  • any service not included in the original agreement.

We are not required to perform additional work unless both parties agree to the additional scope, timing, and fees.

Client Responsibilities

To help us perform the services properly and on time, you agree to:

  • provide accurate and complete information;

  • provide brand assets, login details, copy, images, product information, business details, approvals, and other required materials when requested;

  • respond to communications within a reasonable timeframe;

  • review work carefully before approving it;

  • provide clear feedback;

  • ensure you have rights to any materials you supply to us;

  • ensure your claims, offers, prices, testimonials, and business information are accurate and lawful;

  • comply with all applicable laws, regulations, industry rules, advertising policies, and platform terms;

  • pay invoices on time; and

  • make final decisions where required.

We are not responsible for delays, errors, missed deadlines, rejected ads, platform issues, poor performance, or additional costs caused by your delay, lack of response, incomplete information, incorrect information, unavailable access, or failure to meet your responsibilities.

Communication

Our main method of communication is email unless otherwise agreed.

We may also communicate through phone, video call, project management tools, social media messaging, or other agreed channels.

You agree to check your email and respond to reasonable requests from us in a timely manner.

Unless otherwise agreed, our standard business hours are Monday to Friday, excluding South Australian public holidays.

We do not guarantee responses outside business hours, on weekends, or on public holidays.

Timeframes and Delivery Dates

We will make reasonable efforts to meet agreed timeframes. However, delivery dates are estimates unless we expressly agree in writing that a deadline is fixed.

Timeframes may be affected by:

  • delayed client responses;

  • delayed approvals;

  • missing content or assets;

  • requested changes;

  • third-party platform issues;

  • hosting, domain, plugin, software, or account problems;

  • illness or unexpected events;

  • changes to the project scope; or

  • other circumstances outside our reasonable control.

If a project is delayed because of your failure to provide required information, materials, payment, access, or approval, we may extend the timeframe, pause the project, or charge additional fees to resume the project.

Fees and Payment

Our fees will be set out in your quote, proposal, invoice, or written agreement.

Unless otherwise stated:

  • all prices are listed in Australian dollars;

  • invoices must be paid by the due date stated on the invoice;

  • deposits and upfront payments are non-refundable except where required by law;

  • work may be paused until overdue invoices are paid;

  • final deliverables may be withheld until full payment has been received;

  • ongoing services may be suspended or cancelled if payment is overdue; and

  • additional work may be invoiced separately.

Where applicable, GST will be charged in accordance with Australian tax law.

You are responsible for any international transaction fees, bank fees, currency conversion fees, payment platform fees, or taxes applicable to your location.

Deposits

For project-based work, we may require a deposit before work begins.

The deposit secures your booking, covers initial planning and administrative work, and allows us to allocate time to your project.

Deposits are generally non-refundable if you change your mind, cancel the project, fail to provide required materials, fail to communicate, or decide not to proceed after work has commenced.

This does not affect any rights you may have under Australian Consumer Law.

Payment Plans

We may offer payment plans at our discretion.

If a payment plan is agreed:

  • payments must be made according to the agreed schedule;

  • missed or late payments may result in work being paused;

  • access to final files, website transfer, campaign assets, or deliverables may be withheld until all payments are complete;

  • failure to complete payment may result in cancellation of the project or referral for debt recovery; and

  • you remain responsible for the full agreed amount unless otherwise agreed in writing.

Payment plans are not a subscription cancellation option unless expressly stated.

Late Payments

If an invoice is overdue, we may:

  • pause work immediately;

  • withhold deliverables;

  • remove access to draft work;

  • suspend ongoing services;

  • delay launch, posting, scheduling, reporting, or campaign work;

  • charge reasonable administrative fees;

  • charge interest where permitted by law;

  • require upfront payment for future work; and

  • refer unpaid amounts to a debt collection agency or solicitor.

You agree to reimburse us for reasonable costs incurred in recovering overdue amounts, including debt collection fees, legal costs, and administrative costs, where permitted by law.

Ongoing Services and Retainers

Ongoing services may include social media management, SEO, ads management, newsletters, content creation, consulting, website support, or general digital marketing support.

Unless otherwise agreed in writing:

  • ongoing services are billed monthly in advance;

  • payment is required before that month’s work begins;

  • unused hours, posts, services, or inclusions do not roll over;

  • the scope is limited to the agreed monthly inclusions;

  • additional work may be quoted or invoiced separately;

  • either party may end ongoing services by giving 30 days’ written notice; and

  • no refunds are given for unused time or unused services if you cancel during a billing period, except where required by law.

We may review and update ongoing service fees by giving reasonable written notice.

Once-Off Services

Once-off services may include audits, strategy sessions, website builds, branding projects, logos, templates, campaigns, newsletters, content packages, or other project-based work.

Once-off services are limited to the inclusions stated in your quote, proposal, invoice, or written agreement.

Once the service has been delivered, any further support, revisions, updates, changes, or implementation may be charged separately unless included in the agreed scope.

Revisions and Feedback

Your project may include a specific number of revisions. The number of included revisions will be stated in your proposal, package, or written agreement.

If no revision limit is stated, the project includes one round of reasonable revisions.

A revision means a reasonable change to the existing concept, design, copy, or deliverable. A revision does not include a completely new direction, new concept, new brief, additional deliverable, or work outside the original scope.

Additional revisions may be charged separately.

You are responsible for reviewing all work carefully before approval. Once you approve work, we are not responsible for errors, omissions, or changes later requested unless caused by our negligence or required by law.

Client Approval

Approval may be given by email, message, verbal confirmation, payment, use of deliverables, publication, launch, or any other conduct that indicates acceptance.

Once work is approved:

  • we may proceed to the next stage;

  • additional changes may incur additional fees;

  • we are not responsible for issues you approved or failed to identify during the review period; and

  • final payment remains due.

You agree that you are responsible for checking all names, spelling, dates, prices, legal claims, offers, disclaimers, contact details, links, policies, product information, and factual content before approval or publication.

Project Pauses and Abandoned Projects

If we request feedback, information, approval, content, access, or payment from you and you do not respond within 14 days, we may place the project on hold.

If you do not respond within 30 days, we may treat the project as abandoned.

For abandoned projects:

  • payments already made may be forfeited;

  • the project may be removed from our schedule;

  • resuming the project may require a restart fee;

  • timelines may be revised;

  • pricing may be updated; and

  • we are not required to prioritise the project over current bookings.

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This does not affect your rights under Australian Consumer Law.

Cancellations by You

If you wish to cancel a project or service, you must notify us in writing.

If you cancel after work has commenced:

  • you remain responsible for payment for all work completed up to the cancellation date;

  • deposits and upfront payments may be retained;

  • any unpaid invoices for work already completed become immediately due;

  • we may charge for time spent, planning, administration, meetings, research, strategy, drafts, designs, setup, and other work performed;

  • we may withhold deliverables until all outstanding amounts are paid; and

  • any third-party costs incurred on your behalf remain payable by you.

For ongoing services, you must provide the required notice period stated in these Terms or your agreement.

Cancellations by Us

We may cancel or terminate a project or service by written notice if:

  • you fail to pay invoices on time;

  • you fail to provide required information, materials, access, or approvals;

  • you are abusive, threatening, discriminatory, or unreasonable;

  • you request unlawful, misleading, unethical, or harmful work;

  • continuing the relationship would create a conflict of interest;

  • the project is no longer suitable for us;

  • you breach these Terms; or

  • circumstances beyond our control prevent us from continuing.

If we cancel without fault by you, we will refund any amount paid for work not yet performed, less any reasonable costs, work completed, and third-party expenses.

If we cancel because of your breach, misconduct, or failure to cooperate, you remain responsible for all work completed and costs incurred up to the cancellation date.

Refunds

We handle refund requests in accordance with Australian Consumer Law.

You are not automatically entitled to a refund if:

  • you change your mind;

  • you no longer require the service;

  • you found another provider;

  • you did not provide required materials, access, or feedback;

  • you delayed the project;

  • you changed the brief after work commenced;

  • you failed to follow our advice or instructions;

  • you expected a specific business result that was not guaranteed; or

  • you approved the work and later decided you wanted changes.

Nothing in these Terms limits, excludes, or modifies any consumer guarantee, right, or remedy you may have under Australian Consumer Law.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under Australian Consumer Law.

Where Australian Consumer Law applies, you may be entitled to certain remedies if our services fail to meet a consumer guarantee.

To the maximum extent permitted by law, where it is fair and lawful to do so, our liability for a failure to comply with a consumer guarantee may be limited to:

  • supplying the services again; or

  • paying the cost of having the services supplied again.

Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under Australian Consumer Law or any other law that cannot be excluded.

No Guarantee of Specific Results

Marketing results depend on many factors outside our control, including your industry, offer, pricing, budget, audience, competition, website, customer service, market conditions, platform algorithms, advertising policies, consumer behaviour, and your implementation of recommendations.

We do not guarantee:

  • specific revenue;

  • specific sales;

  • specific enquiries;

  • specific leads;

  • specific rankings on Google;

  • specific advertising results;

  • specific follower growth;

  • specific engagement rates;

  • viral content;

  • uninterrupted website traffic;

  • approval of ads by third-party platforms;

  • platform performance;

  • business growth; or

  • any particular commercial outcome.

We will use reasonable care, skill, and diligence in providing the services. Any examples, case studies, projections, forecasts, estimates, or past results are for general information only and do not guarantee future outcomes.

Marketing Audits and Strategy Advice

Marketing audits, strategy documents, consultations, and recommendations are based on the information available to us at the time.

You acknowledge that:

  • recommendations are strategic opinions, not guarantees;

  • implementation is your responsibility unless we are engaged to implement the recommendations;

  • results may vary;

  • market conditions can change;

  • platforms and algorithms can change; and

  • business decisions remain your responsibility.

We are not liable for losses arising from your decision to implement, not implement, delay, alter, or incorrectly apply our recommendations, except where required by law.

Websites and Technical Services

Where we provide website services, our work may depend on third-party platforms, hosting providers, domain registrars, plugins, themes, builders, payment gateways, integrations, and software.

You acknowledge that:

  • you are responsible for maintaining your own hosting, domain, subscriptions, licences, plugins, apps, and third-party accounts unless otherwise agreed;

  • third-party platforms may change their features, pricing, policies, or functionality;

  • we are not responsible for outages, downtime, security breaches, plugin conflicts, hosting issues, platform errors, or third-party failures outside our control;

  • website speed, SEO performance, and functionality may be affected by hosting, plugins, content, user behaviour, third-party scripts, and other external factors;

  • you are responsible for reviewing all website content, links, forms, prices, legal pages, policies, and checkout details before launch; and

  • ongoing maintenance is not included unless expressly stated.

We recommend that you maintain appropriate backups, security measures, updates, and legal policies for your website.

SEO Services

SEO is a long-term strategy and results are not guaranteed.

Search engines use algorithms and ranking factors outside our control. Rankings, traffic, impressions, clicks, and enquiries may fluctuate.

We do not guarantee first-page rankings, specific keyword positions, specific traffic increases, or specific conversion outcomes.

Our SEO services may include reasonable optimisation, keyword direction, content structure, metadata, on-page improvements, technical recommendations, local SEO guidance, and reporting, depending on the agreed scope.

You acknowledge that SEO results may be affected by your website history, competition, content quality, budget, backlinks, technical structure, business reputation, location, and search engine updates.

Paid Advertising Services

Where we provide Meta ads, Google ads, or other paid advertising services, you acknowledge that:

  • ad spend is separate from our management fees unless otherwise stated;

  • you are responsible for paying advertising platform costs;

  • we do not guarantee ad approval, reach, clicks, conversions, leads, revenue, or return on ad spend;

  • platforms may reject, restrict, suspend, or disable ads or accounts;

  • advertising results may fluctuate;

  • campaign performance depends on factors outside our control;

  • you are responsible for ensuring your products, services, claims, offers, landing pages, and business practices comply with applicable laws and platform policies;

  • we are not responsible for platform decisions, account bans, disapprovals, outages, billing errors, or policy changes outside our control; and

  • we may recommend changes to your offer, landing page, creative, budget, or strategy to improve performance.

You must not ask us to create false, misleading, unlawful, discriminatory, or non-compliant advertising.

Social Media Services

Where we provide social media services, you acknowledge that:

  • social media platforms are controlled by third parties;

  • algorithms, reach, engagement, features, policies, and account access can change at any time;

  • we do not guarantee followers, engagement, reach, leads, sales, or viral content;

  • you are responsible for ensuring supplied content, claims, images, testimonials, pricing, and offers are accurate and lawful;

  • you must provide timely approvals for scheduled content;

  • delayed approvals may affect posting schedules;

  • we are not responsible for platform outages, account restrictions, hacking, lost access, or third-party issues outside our control; and

  • unless otherwise agreed, community management, inbox replies, comment replies, and direct message management are not included.

If you publish, edit, delete, or alter content after we provide it, you are responsible for those changes.

Email Marketing and Newsletters

Where we provide email marketing or newsletter services, you are responsible for ensuring that:

  • your email list has been lawfully collected;

  • recipients have given any required consent;

  • unsubscribe options are included where required;

  • your email practices comply with the Spam Act 2003 and any other applicable laws;

  • your claims, offers, prices, links, and content are accurate; and

  • you have permission to use any images, testimonials, data, or materials supplied to us.

We are not responsible for deliverability rates, open rates, click rates, unsubscribes, spam filtering, platform outages, or third-party email software issues outside our control.

Branding, Design, and Creative Work

Where we provide branding, logo design, graphics, templates, or creative work:

  • included concepts and revisions will be set out in the agreed scope;

  • additional concepts or revisions may be charged separately;

  • final files may be provided after full payment is received;

  • you are responsible for checking spelling, details, colours, layout, and content before approval;

  • colours may appear differently across screens, printers, paper stocks, materials, and devices;

  • we are not responsible for print errors where you use a third-party printer;

  • logo and brand concepts are not guaranteed to be legally available for trade mark registration;

  • you are responsible for obtaining legal trade mark advice if required; and

  • we do not guarantee that a design will be unique worldwide or free from all third-party claims unless a specific legal clearance service is separately obtained.

Intellectual Property

Unless otherwise agreed in writing, all intellectual property rights in our pre-existing materials, processes, frameworks, templates, tools, systems, know-how, strategy methods, documents, drafts, concepts, and working files remain owned by us.

Once you have paid all amounts owed for a project, we grant you a licence to use the final approved deliverables for your own business purposes.

Unless otherwise agreed, this licence does not include:

  • unused concepts;

  • rejected designs;

  • drafts;

  • working files;

  • editable source files;

  • templates not expressly included;

  • our internal processes or frameworks;

  • third-party licensed materials;

  • stock images, fonts, plugins, software, or other third-party assets beyond their licence terms; or

  • the right to resell, redistribute, sublicense, or claim ownership of our underlying materials.

If you require transfer of copyright, editable files, or exclusive ownership, this must be agreed in writing and may incur additional fees.

Third-Party Materials and Licences

Some projects may require third-party materials, platforms, software, plugins, fonts, stock images, templates, themes, apps, subscriptions, hosting, domains, or integrations.

Unless otherwise stated, third-party costs are not included in our fees.

You are responsible for paying and maintaining any required third-party licences, subscriptions, renewals, hosting, domains, software, advertising spend, platform costs, and related expenses.

We are not responsible for the terms, pricing, performance, security, availability, or changes of third-party providers.

Client Materials

You retain ownership of materials you provide to us, including your business information, logos, images, videos, copy, brand assets, testimonials, product details, and other content.

By providing materials to us, you warrant that:

  • you own the materials or have permission to use them;

  • our use of the materials for your project will not infringe third-party rights;

  • the materials are accurate, lawful, and not misleading;

  • the materials do not contain harmful code, viruses, or unlawful content; and

  • you have obtained any required consents, licences, approvals, or releases.

You indemnify us against claims, losses, damages, costs, and expenses arising from materials you provide.

Portfolio and Promotion

Unless you request otherwise in writing, you agree that we may display your project, business name, logo, designs, website screenshots, social media content, campaign examples, testimonials, results, or general project description in our portfolio, website, social media, marketing materials, proposals, and case studies.

We will not intentionally disclose confidential information, private analytics, advertising spend, revenue, or sensitive business information without your permission.

If your project is confidential or white-label, you must tell us in writing before work begins.

Confidentiality

Each party agrees to keep confidential information private and not disclose it to third parties except where:

  • required to perform the services;

  • required by law;

  • the information is already public;

  • the other party has given written consent;

  • disclosure is made to professional advisers, contractors, employees, or service providers who need to know; or

  • disclosure is necessary to enforce these Terms or recover unpaid fees.

Confidential information includes business plans, logins, strategies, pricing, customer data, analytics, campaign data, trade secrets, unpublished materials, and other non-public information.

Privacy

We may collect and use personal information to provide our services, respond to enquiries, manage bookings, issue invoices, communicate with you, perform marketing services, and operate our business.

You agree that we may collect, store, use, and disclose personal information as reasonably required to provide the services.

Where you provide personal information about your customers, subscribers, employees, leads, or other individuals, you are responsible for ensuring you have the right to provide that information to us and that your collection and use of that information complies with applicable privacy laws.

If required, our handling of personal information will be governed by our Privacy Policy, which should be read together with these Terms.

Account Access and Security

You may need to provide us with access to websites, social media accounts, ad accounts, analytics platforms, email marketing platforms, hosting, domains, or other systems.

You agree to provide access in a secure and lawful way.

You remain responsible for:

  • maintaining account ownership;

  • maintaining secure passwords;

  • managing user permissions;

  • removing our access after services end, where appropriate;

  • ensuring your accounts comply with platform terms;

  • account recovery;

  • two-factor authentication;

  • backups; and

  • monitoring account activity.

We are not responsible for loss, damage, hacking, account suspension, data loss, or unauthorised access unless caused by our negligence or wilful misconduct.

Use of Contractors and Third Parties

We may use employees, contractors, freelancers, consultants, software, automation tools, or third-party providers to help deliver our services.

We remain responsible for managing the services we agree to provide, but we are not responsible for third-party platforms, software, hosting, plugins, apps, advertising platforms, or service providers outside our reasonable control.

Artificial Intelligence Tools

We may use artificial intelligence tools, automation, software, or digital tools to assist with research, drafting, ideation, workflows, analysis, or content production.

Where AI tools are used, we will use reasonable care in reviewing and refining outputs before delivery.

You acknowledge that AI-assisted outputs may require human review, fact-checking, legal review, brand review, or editing before publication.

You remain responsible for approving final content and ensuring it is accurate, lawful, appropriate, and suitable for your business.

Legal, Financial, and Professional Advice

Our services may involve marketing, branding, content, strategy, digital platforms, advertising, SEO, and general business communication.

We do not provide legal, financial, accounting, tax, medical, or regulated professional advice.

You are responsible for obtaining independent professional advice where required, including for:

  • legal policies;

  • trade marks;

  • copyright;

  • privacy compliance;

  • advertising compliance;

  • financial claims;

  • tax matters;

  • industry-specific regulations;

  • employment matters;

  • health claims;

  • therapeutic claims;

  • financial product claims; and

  • any regulated or high-risk content.

Compliance With Laws and Policies

You are responsible for ensuring that your business, products, services, claims, offers, promotions, advertising, email lists, privacy practices, website content, terms, and customer communications comply with applicable laws and regulations.

This includes, where relevant:

  • Australian Consumer Law;

  • privacy laws;

  • spam and email marketing laws;

  • intellectual property laws;

  • advertising standards;

  • platform policies;

  • industry-specific regulations; and

  • laws in any country where you operate or target customers.

We may refuse to create, publish, or manage content that we reasonably believe may be unlawful, misleading, harmful, discriminatory, unethical, or non-compliant.

Overseas Clients

We are based in South Australia, Australia, but may work with clients outside Australia.

If you are located outside Australia, you are responsible for complying with the laws, regulations, tax obligations, advertising rules, privacy requirements, and consumer protection laws that apply in your location and any location where your customers are based.

Unless otherwise agreed in writing, these Terms are governed by the laws of South Australia, Australia.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for:

  • loss of profits;

  • loss of revenue;

  • loss of business opportunity;

  • loss of goodwill;

  • loss of data;

  • loss of anticipated savings;

  • loss caused by third-party platforms;

  • advertising account restrictions;

  • search engine ranking changes;

  • social media algorithm changes;

  • website downtime;

  • hosting issues;

  • cyber incidents;

  • unauthorised account access;

  • indirect, special, consequential, or incidental loss; or

  • losses caused by your acts, omissions, delay, or breach of these Terms.

To the maximum extent permitted by law, our total liability to you in connection with the services is limited to the amount paid by you to us for the specific service giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited.

Indemnity

You agree to indemnify us against any claims, losses, damages, liabilities, costs, or expenses arising from:

  • your breach of these Terms;

  • your business activities;

  • your products or services;

  • materials you provide to us;

  • false, misleading, or unlawful claims supplied or approved by you;

  • your failure to comply with laws or platform policies;

  • your misuse of deliverables;

  • your failure to obtain necessary permissions, licences, or consents;

  • your unauthorised use of third-party intellectual property; or

  • claims made by your customers, subscribers, users, or third parties.

Force Majeure

We are not liable for delay or failure to perform our obligations where caused by events beyond our reasonable control.

This may include natural disasters, extreme weather, illness, pandemic, government restrictions, strikes, power outages, internet failures, platform outages, cyber incidents, supplier failures, war, civil unrest, or other events outside our reasonable control.

If a force majeure event occurs, we will try to notify you and resume services as soon as reasonably possible.

Website Use

You agree to use our website lawfully and appropriately.

You must not:

  • misuse our website;

  • attempt to hack, disrupt, or damage our website;

  • upload malicious code;

  • copy website content without permission;

  • use our website for unlawful purposes;

  • scrape, reproduce, or exploit website materials without consent;

  • submit false or misleading information;

  • impersonate another person or business; or

  • interfere with website security or functionality.

We may restrict access to our website where we reasonably believe misuse has occurred.

Website Content

The content on our website is provided for general information only.

While we aim to keep information accurate and up to date, we do not guarantee that website content is complete, current, error-free, or suitable for your specific circumstances.

Website content does not constitute legal, financial, accounting, or professional advice.

You should seek advice before relying on information for important business decisions.

Links to Third-Party Websites

Our website, emails, documents, or deliverables may include links to third-party websites, platforms, resources, or tools.

We are not responsible for third-party websites, content, availability, accuracy, security, privacy practices, terms, or services.

You access third-party websites at your own risk.

Testimonials and Case Studies

Testimonials, reviews, portfolio examples, and case studies represent individual experiences and examples.

They do not guarantee that you will achieve the same or similar results.

Marketing results vary depending on many factors, including your industry, budget, offer, audience, implementation, competition, timing, and market conditions.

Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve the matter in good faith.

Before starting legal proceedings, either party must provide written notice of the dispute, including details of the issue and the outcome sought.

The parties agree to attempt to resolve the dispute through negotiation within 14 days of the notice.

If the dispute cannot be resolved, the parties may agree to mediation in South Australia before commencing court proceedings, unless urgent legal action is required.

Nothing in this clause prevents either party from seeking urgent injunctive relief, debt recovery, or other urgent remedies where appropriate.

Governing Law and Jurisdiction

These Terms are governed by the laws of South Australia, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of South Australia and any courts entitled to hear appeals from those courts.

Changes to These Terms

We may update these Terms from time to time.

The updated Terms will be published on our website with a revised “Last updated” date.

For existing projects, the Terms in place at the time you accepted the relevant proposal, quote, or invoice will generally apply unless otherwise agreed or required by law.

Your continued use of our website or services after updated Terms are published means you accept the updated Terms.

Severability

If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be read down or removed to the extent necessary, and the remaining parts will continue to apply.

Entire Agreement

These Terms, together with any proposal, quote, invoice, written agreement, package description, or other written communication from us, form the entire agreement between you and Not Another Marketing Agency regarding the services.

If there is an inconsistency between these Terms and a specific written proposal or agreement, the specific written proposal or agreement will apply to the extent of the inconsistency.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Not Another Marketing Agency
Email: admin@notanothermarketingagency.com.au
Website: www.notanothermarketingagency.com.au
Location: South Australia, Australia

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