TERMS AND CONDITIONS

1. INTRODUCTION

These Terms and Conditions ("Terms") govern the relationship between Thorn Marketing (ABN: 33 741 977 156) ("we", "our", "us") and the client ("you", "your") who engages our digital marketing services.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. SERVICES

Thorn Marketing provides digital marketing services as specified in your service agreement or proposal. Services may include, but are not limited to, social media management, search engine optimization, content creation, paid advertising management, and website optimization.

3. FEES AND PAYMENT

3.1 Setup Fees

All setup fees are non-refundable once services have commenced.

3.2 Subscription Fees

Digital Marketing Services subscription fees are non-refundable for the billing period in which services are provided.

3.3 Payment Terms

Payment terms will be outlined in your service agreement or proposal. Failure to make payment by the due date may result in suspension of services.

4. NO GUARANTEES

Thorn Marketing does not promise or guarantee any specific results from our services. While we strive to achieve positive outcomes, digital marketing results can vary based on numerous factors beyond our control, including market conditions, competition, algorithm changes, and consumer behavior.

5. CLIENT RESPONSIBILITIES

5.1 Account Access

Clients must provide access to all requested accounts for digital marketing services to begin, including but not limited to:

• Google Analytics (GA4)
• Google Tag Manager
• Google Ads
• Facebook/Meta Business accounts
• Website access
• Domain and cPanel access (where applicable)

5.2 Creative Assets

Clients must supply their own creative assets (including but not limited to images, videos, logos, and brand materials) unless otherwise specified in a separate agreement.

6. CANCELLATION

Clients may cancel their service at any time by providing written notice. There is no cancellation fee. However, no refunds will be issued for the current billing period in which cancellation occurs.

7. INTELLECTUAL PROPERTY

7.1 Client Materials

All materials provided by you remain your property. You grant us a license to use these materials for the purpose of providing our services.

7.2 Thorn Marketing Materials

All materials, strategies, and methodologies created by Thorn Marketing remain our intellectual property unless otherwise agreed in writing.

8. CONFIDENTIALITY

We will keep all client information confidential and will not disclose it to third parties without your consent, except as required by law.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Thorn Marketing's liability for any claim arising from our services is limited to the amount paid by you for the specific service giving rise to the claim.

In no event shall we be liable for any indirect, special, incidental, or consequential damages.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Thorn Marketing from any claims, losses, or damages arising from your breach of these Terms or your use of our services.

11. CHANGES TO TERMS

Thorn Marketing reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website or direct notification to clients.

12. GOVERNING LAW

These Terms are governed by the laws of Australia. Any disputes shall be resolved in the courts of Australia.

13. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14. ENTIRE AGREEMENT

These Terms, together with your service agreement or proposal, constitute the entire agreement between you and Thorn Marketing regarding the services provided.