Last updated: 15 September 2026
These Terms & Conditions govern the provision of digital marketing services by [full legal entity name and country of registration], trading as Impacto (“we”, “us” or “our”), to you (“the client”).
Business registration number: [ABN, ACN or relevant overseas registration number, as applicable].
These terms apply when provided to you before you accept our proposal or otherwise agree to engage our services.
These terms, together with your accepted proposal or written service agreement, form our agreement. If there is any inconsistency, the specific provisions of the accepted proposal or service agreement take precedence, subject to applicable law.
We provide services including:
Your proposal or service agreement will outline the agreed services, deliverables, fees and any applicable timelines.
Additional work, including revisions outside the agreed scope, requires written agreement on any additional fees and changes to delivery dates before that work begins.
Website hosting, maintenance and ongoing support are included only where expressly stated in your proposal or service agreement.
We will perform our services with due care and skill.
Unless expressly agreed in writing, we do not promise specific rankings, advertising placements, traffic levels, lead volumes, sales, revenue or other performance outcomes.
Results depend on factors including competition, budget, market conditions, your offer, your website and changes made by third-party platforms.
Forecasts and estimates are indicative and are not guarantees. Nothing in this section excludes any rights or guarantees that cannot lawfully be excluded.
You agree to:
If missing information, access or approvals affect delivery, we will notify you and discuss revised timelines. Any additional charges must be agreed in writing.
Your review or approval does not remove our responsibility to perform the agreed services with due care and skill.
Fees and payment arrangements will be stated in your proposal or service agreement.
Unless otherwise agreed in writing:
We will manage advertising within the agreed budget arrangements. Any material budget increase requires your prior approval.
If an undisputed payment becomes overdue, we may pause the affected services after giving written notice and at least seven days to make payment. We will explain any reasonably foreseeable impact of the pause.
If you dispute an invoice, please notify us promptly with the reasons. Both parties will work in good faith to resolve the dispute, and undisputed amounts remain payable.
Changes to agreed fees require written agreement.
Our services may involve third-party platforms, hosting providers, software and advertising networks.
These providers operate under their own terms and may change their policies, functionality, pricing or availability. We cannot guarantee uninterrupted access, ad approval or continued platform availability.
We will notify you of material third-party issues affecting the services when we become aware of them and take reasonable steps within our agreed scope to address them.
This section does not exclude responsibility for our own acts or omissions.
You retain ownership of your existing content, branding, data and other materials.
Once full payment for the relevant deliverables has been received, we assign to you the intellectual property rights we own in the final deliverables created specifically for you, excluding our pre-existing materials and third-party materials.
We retain ownership of our pre-existing tools, templates, methods and know-how. Where these are incorporated into a paid deliverable, we grant you a perpetual, non-exclusive licence to use them as necessary to use and maintain that deliverable.
Third-party assets, software, fonts and plugins remain subject to their respective licences. We will identify any material ongoing licence costs or restrictions before you approve their use.
Client-owned accounts remain yours. Where supported by the platform, accounts created specifically for your business will be established under your ownership, with appropriate access provided to you.
We will obtain your written permission before using your name, logo, completed work or performance results in our portfolio or marketing.
Both parties must protect confidential information received during the engagement and use it only to perform or receive the agreed services.
Confidential information may be disclosed to personnel, contractors or professional advisers who need it for that purpose and are subject to appropriate confidentiality obligations, or where disclosure is required by law.
This obligation does not apply to information that is lawfully public or independently obtained without a confidentiality restriction.
Each party must comply with applicable privacy and data protection laws. Where services involve personal information, both parties will agree on necessary access, permitted use and security arrangements.
You must ensure that personal information you provide to us can lawfully be shared and used for the agreed services. We will use that information only for authorised purposes and take reasonable steps to protect it.
Nothing in this agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Where those rights apply, you may be entitled to remedies including rectification, cancellation, a refund or compensation, depending on the circumstances.
Subject to those rights, each party is responsible for loss or damage caused by its breach of this agreement, negligence or unlawful conduct. Neither party is responsible to the extent that loss or damage was caused by the other party.
Each party must take reasonable steps to minimise any loss arising from a breach of this agreement.
Any additional limitation of liability must be expressly agreed in writing and must comply with applicable law.
Either party may end the engagement by giving the written notice specified in the accepted proposal or service agreement.
If no notice period is specified, either party may end the engagement on reasonable written notice, taking account of the services, work in progress and any approved commitments.
Either party may terminate for a material breach if the other party fails to remedy it within 14 days after receiving written notice describing the breach. A material breach that cannot reasonably be remedied may justify immediate termination.
On termination:
These provisions do not limit any statutory cancellation or refund rights.
If a dispute arises, please contact us in writing with the details and the outcome you are seeking.
Both parties will make reasonable efforts to resolve the dispute promptly and in good faith.
This process does not prevent either party from seeking urgent court orders, contacting a regulator or exercising statutory rights.
This agreement is governed by the laws of [Australian state or territory] and applicable Commonwealth laws.
The parties submit to the non-exclusive jurisdiction of the courts of that state or territory.
Nothing in this section limits any mandatory legal rights or any right to bring proceedings in another court or tribunal where permitted by law.
We may publish updated terms for future engagements.
Updates do not automatically change an existing agreement. Changes to an existing agreement must be agreed by both parties in writing.
Impacto
Legal entity: THE AUCKLAND CREATIVE COMPANY LIMITED
Business address: 1/178 Hinemoa Street, Birkenhead 0626, Auckland
Email: info@impacto.co.nz
Website: https://impactoagency.com.au
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