Terms of Service

1) Services

We provide website design/development, hosting support, SEO, paid media management, analytics, and related services. Specific deliverables and timelines are set out in our written proposal or agreement.

2) Website use

• You will not misuse the website or attempt unauthorised access.
• Content is owned by or licensed to us and protected by law.
• We are not responsible for third-party sites linked from our website.

3) Proposals, fees & payments

• Proposals become binding when accepted in writing.
• Invoices are due per the agreed schedule.
• Third-party costs are billed separately unless stated.
• Prices exclude GST unless noted.

4) Client responsibilities

• Provide timely information, access and approvals.
• Ensure supplied materials comply with law and do not infringe rights.
• Nominate a single approval contact.

5) Intellectual property

• We retain ownership of our pre-existing tools and processes.
• Upon full payment, ownership of final deliverables transfers to you excluding third-party licensed components.
• We may showcase non-confidential work unless requested otherwise.

6) Hosting, third-party tools & changes

• Third-party platforms operate under their own terms and policies.
• We are not responsible for outages, suspensions, algorithm changes, or policy changes imposed by third parties.
• Scope changes may impact timelines and fees.

7) Professional disclaimers

All services are provided to a professional standard but are supplied for general business purposes only. 4DIGITAL does not provide legal, financial, taxation, or regulatory advice.

We do not guarantee specific rankings, traffic levels, advertising performance, revenue outcomes, or business results. Marketing performance depends on multiple external factors outside our control.

The Client is responsible for ensuring compliance with Australian Consumer Law, advertising regulations, privacy laws, and industry-specific regulations.

8) Quality assurance & risk management

• Internal campaign and content review prior to publication.
• Pre-launch testing for website builds and paid campaigns.
• Version control and documented approvals.
• Ongoing monitoring of advertising accounts.
• Structured change management processes.

While reasonable care is taken, services may contain errors or be affected by third-party systems.

9) Client approval & sign-off

We require written approval prior to publishing websites, launching campaigns, or releasing marketing materials. Once approved, the Client accepts responsibility for the accuracy and legality of the approved content.

10) Correction & withdrawal procedures

If content is alleged to be defamatory, infringing, misleading, or unlawful, we may suspend, remove, or modify the material pending investigation. Urgent action may be taken without prior notice to mitigate risk.

11) Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, consequential, reputational, revenue, data, or business loss. Our aggregate liability is limited to the fees paid for the relevant services in the three months preceding the claim.

12) Indemnity

You agree to indemnify and hold harmless 4DIGITAL against claims, losses, damages, costs, and expenses arising from:

• Content or materials supplied by you;
• Infringement of intellectual property rights;
• Misleading or deceptive representations;
• Regulatory breaches related to your products or services.

13) Term & termination

Either party may terminate for material breach not remedied within a reasonable time. Payment remains due for completed work and committed third-party costs.

14) Governing law

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

15) Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted.

16) Contact