Legal
01About these terms
These terms cover use of the Sun State Digital website. For paid services, the proposal, statement of work, booking conditions or other agreement you accept will set out the applicable scope and commercial terms. These general service terms apply where incorporated into that agreement.
If an accepted service agreement differs from these general terms, the specific agreement prevails to the extent of the difference, subject to rights that cannot be excluded by law. Sending an enquiry does not, by itself, create a paid engagement.
02Using the website
You may use this website to learn about our services, enquire and make available bookings. Do not misuse forms, interfere with security or operation, attempt unauthorised access, or submit unlawful, misleading or infringing material.
Website content is general information. Recommendations for your business depend on its circumstances and the scope of an agreed engagement. We take reasonable care with content, but information and service availability may change.
03Scope, delivery and changes
We provide services such as marketing consulting, website design, advertising, search optimisation, social media and automation. Your accepted proposal or booking defines what is included, deliverables, responsibilities, timing and any ongoing support.
Additional work, changes to an approved direction or services outside scope require an agreed variation, including any fee and timing impact, before that additional work proceeds. Estimates depend on timely access, feedback and approvals, as well as relevant third-party dependencies. We will communicate material changes to delivery expectations.
04Your responsibilities
Please provide accurate information, timely decisions and the materials and authorised account access reasonably needed for the work. You are responsible for ensuring you have the rights and permissions to supply content, customer data, images and brand assets.
Review deliverables and proposed advertising claims carefully, and tell us about relevant industry requirements. Both parties remain responsible for their own obligations under applicable law. Access should be granted through appropriate account permissions wherever possible.
05Fees and third-party costs
Fees, payment dates, deposits and any recurring charges are as set out in the accepted proposal or booking. Currency and any applicable GST treatment should be stated in that pricing. Ask us to clarify any uncertainty before accepting.
Advertising spend, hosting, software subscriptions, domains and other third-party costs are included only where the agreement says so. Any additional costs to be charged through us must be disclosed and agreed. We do not treat a general enquiry as authorisation to incur advertising spend.
06Consultations, changes and refunds
Consultation prices and appointment details are shown through the relevant booking process. Any specific cancellation or rescheduling conditions must be provided before you confirm your booking.
If you need to change or cancel, contact us as soon as possible. Applicable booking conditions and your legal rights determine any fee or refund. If we cannot deliver a booked consultation, we will arrange an agreed alternative or refund the undelivered service. Nothing in these terms creates a blanket “no refunds” policy.
07Intellectual property and confidentiality
Ownership and licences for project deliverables are set out in your service agreement. Each party retains its pre-existing intellectual property unless otherwise agreed. Third-party software, fonts, images and other licensed assets remain subject to their own licence terms.
Website content, branding and original materials may not be republished or commercially reused without permission or another lawful basis. References to client and third-party brands do not transfer rights in those brands.
We will treat non-public business information shared for an engagement as confidential, except where disclosure is authorised, reasonably necessary for delivery through appropriate providers, or required by law. Portfolio use of confidential work requires permission.
08Performance and external platforms
Marketing performance depends on factors including market conditions, competition, budgets, your offer, sales follow-up and third-party platforms. Unless expressly agreed, we do not promise particular rankings, lead volumes, advertising costs or revenue.
Case studies describe the circumstances presented and are not a forecast for every business. Analytics and attribution reports can differ between platforms. Recommendations and reporting should be considered in that context.
External platforms may change features, policies, pricing or availability. We will discuss material impacts relevant to our agreed work. This does not remove our responsibility to perform our own services with the care required by law.
09Consumer rights and responsibility
Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Where consumer guarantees apply, services must be provided with due care and skill, be fit for a disclosed purpose where the law requires, and be supplied within a reasonable time if no timeframe is agreed. Available remedies depend on the circumstances and the law. See the ACCC’s consumer rights and guarantees guidance.
10Ending an engagement
Notice periods, handover arrangements and any minimum term are governed by your accepted service agreement. Contact us to discuss ending or pausing work. Any fees for completed work, committed costs or undelivered services must be dealt with under that agreement and applicable law.
Where a material breach affects delivery, we will seek to explain the issue and provide a reasonable opportunity to resolve it where practicable. These website terms do not introduce an undisclosed cancellation fee or automatic renewal.
11Privacy, concerns and governing law
Our Privacy Policy explains how we handle personal information. If you have a concern about our work or these terms, email josh@sunstatedigital.com.au so we can try to resolve it promptly and in good faith.
These terms are governed by the laws of Queensland, Australia, subject to any mandatory protections that apply in your location. This does not limit your right to pursue a complaint or remedy through an appropriate regulator, tribunal or court.
12Updates
We may update these website terms and show the revised date here. Updates do not automatically vary an existing accepted service agreement; changes to that agreement must follow its variation process and applicable law.
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Sun State DigitalWebsites, marketing and automation built to help good businesses become better known.
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