Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Tempest Digital ("we", "our", or "us") governing your use of our website at tempestdigital.com.au and our digital marketing services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

2. Our Services

Tempest Digital provides digital marketing services including, but not limited to:

• Search Engine Optimisation (SEO)
• Pay-Per-Click (PPC) Advertising
• Social Media Marketing
• Content Marketing and Strategy
• Web Design and Development
• Analytics and Reporting

Specific services, deliverables, and terms will be outlined in individual service agreements or proposals provided to clients.

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information required for service delivery
• Grant necessary access to websites, accounts, and platforms as required
• Respond to requests for information and approvals in a timely manner
• Ensure all content provided to us complies with applicable laws
• Maintain confidentiality of login credentials and access information
• Pay invoices according to agreed payment terms

4. Payment Terms

Unless otherwise specified in your service agreement:

• Invoices are payable within 14 days of issue
• Ongoing services are billed monthly in advance
• Setup fees and one-time charges are due upon project commencement
• Late payments may incur interest at 2% per month
• We reserve the right to suspend services for overdue accounts

All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

5. Service Delivery and Results

While we strive to achieve the best possible outcomes for our clients, please note:

• SEO and digital marketing results depend on many factors outside our control, including search engine algorithm changes, competitor activity, and market conditions
• We do not guarantee specific rankings, traffic levels, or conversion rates unless explicitly stated in writing
• Timelines provided are estimates and may vary based on project complexity and client responsiveness
• Past performance does not guarantee future results

6. Intellectual Property

Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Tempest Digital and is protected by Australian and international copyright laws. You may not reproduce, distribute, or create derivative works without our written permission.

Client Materials

You retain ownership of all materials you provide to us. By providing materials, you grant us a non-exclusive licence to use, modify, and display them as necessary to deliver our services.

Work Product

Unless otherwise agreed in writing, upon full payment, you will own the deliverables created specifically for your project. We retain the right to use general knowledge, skills, and experience gained during the engagement, and may showcase completed work in our portfolio.

7. Confidentiality

Both parties agree to keep confidential all non-public information shared during the engagement. This includes business strategies, financial information, customer data, and proprietary methodologies.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Termination

Either party may terminate services:

• With 30 days written notice for ongoing monthly services
• Immediately for material breach that remains uncured after 14 days notice
• Immediately if the other party becomes insolvent

Upon termination, you remain responsible for payment of all services rendered up to the termination date. We will provide reasonable assistance in transitioning services to you or another provider.

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims arising from our services is limited to the fees paid by you in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not responsible for third-party actions, including search engine algorithm changes or platform policy updates

10. Indemnification

You agree to indemnify and hold harmless Tempest Digital, its directors, employees, and agents from any claims, damages, or expenses arising from your breach of these Terms, your use of our services, or any content you provide that infringes third-party rights.

11. Website Use

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to any part of the website
• Interfere with the proper functioning of the website
• Collect user information without consent
• Upload malicious code or content

12. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of these external sites. Accessing third-party links is at your own risk.

13. Dispute Resolution

Any dispute arising from these Terms or our services will be:

• First, attempted to be resolved through good faith negotiation
• If unresolved, submitted to mediation in Sydney, Australia
• If mediation fails, resolved by the courts of New South Wales, Australia

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under these Terms.

15. Changes to Terms

We may modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

16. Severability

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