These Terms and Conditions (“Terms”) set out the agreement between Mac Group Pty Ltd (“we”, “our”, “us”) and you (“the Client”, “you”, “your”). By signing our onboarding form or otherwise engaging our services, you agree to these Terms.

1. Parties & Contact Details

This agreement is between Mac Group Pty Ltd and the Client named in the onboarding form or proposal.
The Client must nominate a primary contact person who is authorised to make decisions, provide approvals, and communicate on behalf of the business. All notices and key communications will be directed to this person unless otherwise agreed in writing.

2. Definitions

• Services: The work we agree to provide as described in your proposal, scope of work, or onboarding documents.

• Deliverables: The materials, advice, reports, designs, campaigns, or other outputs we produce as part of the Services.

• Business Day: Any day other than a Saturday, Sunday, or public holiday in Queensland.

• Fees: The charges payable for our Services, as outlined in your proposal or invoice.

• Third-Party Platforms: Any external services or systems (e.g. Google Ads, Facebook, Instagram, Klaviyo, website hosting) used in delivering the Services.

3. Services & Scope

• We will provide the Services set out in your agreed proposal or onboarding documents.

• Any work outside this scope will be quoted separately and will only proceed with your approval.

• Timeframes for delivery may vary based on your responsiveness, availability of required information, and factors outside our control.

4. Exclusivity

To avoid conflicting strategies and duplicated work, you agree to inform us in writing if you engage any other marketing or business advisory providers during the term of this agreement. This ensures alignment of activities and budgets.

5. Your Responsibilities

You agree to:

• Provide accurate, complete, and timely information and approvals so we can deliver the Services.

• Respond to requests for feedback or sign-off within agreed timeframes.

• Ensure any materials you supply (logos, copy, images, video, etc.) are owned by you or you have permission to use them.

• Maintain any necessary accounts or subscriptions for Third-Party Platforms used in delivering the Services.

6. Fees, Payment & Invoicing

• All prices are in Australian Dollars (AUD) and exclude GST unless stated otherwise.

• All invoices must be paid in full (100%) before any work commences.

• For ongoing monthly marketing services, invoices are issued and payable one month in advance.

• Third-party costs (such as ad spend on Google or Facebook) are separate from our service fees and will be billed directly to you or reimbursed to us if paid on your behalf.

7. Refunds & Results

• Due to the nature of our work, we do not offer refunds for Services already delivered.

• We cannot guarantee specific outcomes or results, as marketing and business performance are influenced by many factors outside our control.

8. Cancellations & Termination

• You may cancel the Services by giving at least 30 days’ written notice.

• Work completed or costs incurred up to the end of the notice period will be invoiced and payable.

• We may terminate the agreement immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that makes it unreasonable for us to continue providing the Services.

9. Intellectual Property

• You retain ownership of all materials you provide to us.

• We retain ownership of all intellectual property, internal templates, tools, and drafts we create, unless otherwise agreed in writing. Once full payment is received, we grant you a licence to use the final agreed deliverables for their intended purpose.

• We may showcase completed work in our portfolio or marketing materials unless you request otherwise in writing.

10. Advertising & Compliance

Where we create or manage advertising campaigns for you, you are responsible for ensuring your business complies with all relevant laws, industry codes, and platform policies (including ACCC guidelines and advertising standards). We will provide guidance, but ultimate responsibility rests with you.

11. Confidentiality

• We will treat all information you share with us as confidential, and you agree to do the same with our information.

• This obligation continues after the agreement ends.

12. Third-Party Platforms & Limitations

• We are not responsible for changes, downtime, or disruptions to Third-Party Platforms used in delivering the Services.

• You acknowledge that these platforms may change their rules, algorithms, or pricing at any time, which may affect your results.

13. Limitation of Liability

• To the extent permitted by law, our total liability is limited to the total fees you have paid us for the Services in the 3 months prior to the claim.

• We are not liable for indirect, consequential, or special losses, or for outcomes that depend on factors outside our control.

14. Force Majeure

We are not responsible for delays or failures in performing our obligations due to events outside our reasonable control (including but not limited to natural disasters, pandemics, government restrictions, power outages, or major technology failures).

15. Renewal & Extension

For ongoing services, this agreement will automatically continue on a month-to-month basis unless either party provides at least 30 days’ written notice to end it. Any changes to services or fees will be agreed in writing before renewal.

16. Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve it through good-faith negotiations. If not resolved, the dispute will be referred to mediation before commencing legal proceedings.

17. Governing Law

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

18. Acceptance of Terms

By signing our onboarding form or engaging our Services, you confirm you have read, understood, and agree to these Terms and Conditions.