Last updated: 04-May-2025
These Terms and Conditions (“Terms”) govern the provision of digital marketing and related services by Otron Pty Ltd trading as Otron Digital (“we”, “our”, or “us”) to the client (“you” or “Client”). By engaging our services, you agree to be bound by these Terms.
1. Services
We offer a range of digital marketing services including, but not limited to:
- SEM (Search Engine Marketing)
- SEO (Search Engine Optimisation)
- Social media marketing
- Email marketing
- Analytics and reporting
- Digital strategy and consulting
The scope of services to be provided will be outlined in a written proposal, quote, or service agreement.
2. Engagement and Approval
All projects begin with mutual agreement on the scope of work, deliverables, timelines, and pricing. We require written approval (e.g., signed agreement or email confirmation) before work commences.
You agree to provide timely access to relevant materials, approvals, logins, and communication needed to complete the project. Delays in providing this information may result in delivery delays or additional charges.
3. Fees and Payment
Fees are outlined in our proposal or quote and may be charged on a fixed-fee, retainer, or hourly basis. All amounts are in Australian Dollars (AUD) and exclusive of GST unless otherwise stated.
Unless otherwise agreed:
- A 50% upfront deposit is required for all project-based work
- The remaining balance is due upon completion, before final delivery or deployment
- Monthly services (e.g., SEM management) are billed in advance on a recurring basis
Invoices are payable within 14 days of issue. Late payments may incur interest charges and suspension of services.
4. Intellectual Property
Upon full payment, ownership of final deliverables created by us for your project (e.g., designs, content, reports) will be transferred to you. We retain the right to display work in our portfolio unless otherwise agreed.
Pre-existing intellectual property (e.g., templates, libraries, stock assets, or tools we use) remain our property or that of their respective licensors.
5. Client Responsibilities
You agree to:
- Provide accurate and complete information
- Respond to requests for feedback and approval in a timely manner
- Ensure any content you provide does not infringe on third-party rights or violate any law
You are solely responsible for compliance with applicable legal and regulatory requirements regarding your website, advertising content, and data handling.
6. Confidentiality
We agree to treat all non-public information you provide as confidential. Likewise, you agree not to share any confidential information about our methods, pricing, or trade secrets without written consent.
7. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential loss or damage arising out of or in connection with our services, including lost profits, lost data, or reputational harm.
Where liability cannot be excluded by law, our total liability is limited to the amount paid by you for the services in question.
8. Cancellations and Termination
You may cancel services by providing written notice. In such cases, you will be billed for work completed to date, and any deposit paid is non-refundable.
We may terminate the agreement if you breach these Terms or fail to make payment, with written notice. Upon termination, all rights to use any unpaid deliverables are revoked.
9. Warranties and Guarantees
While we strive to deliver high-quality work, we do not guarantee specific outcomes (e.g., top search rankings or revenue increases) as digital marketing results depend on many external factors.
Nothing in these Terms excludes or limits any guarantees, warranties, rights, or remedies you may have under the Australian Consumer Law (ACL).
10. Governing Law
These Terms are governed by the laws of Queensland, Australia, and both parties submit to the exclusive jurisdiction of its courts.
11. Changes to These Terms
We may update these Terms from time to time. The latest version will always be available on our website. Continued use of our services after any changes constitutes acceptance of those changes.
12. Contact Us
If you have any questions about these Terms, please contact us:
Otron Pty Ltd trading as Otron Digital
Email: info@otrondigital.com