Terms of Service

1. Definitions

• “Client” means the business or individual who engages us to provide services.
• “Services” means the digital marketing services we agree to provide, as described in the relevant proposal or agreement.
• “Deliverables” means the materials, content, and work product we create and provide as part of the Services.
• “Agreement” means the proposal, quote, statement of work, or service agreement that sets out the specific scope, fees, and terms of an engagement.

2. Our Services

TriOrbit Digital provides digital marketing services, which may include search engine optimisation, content creation, web design and development, marketing automation, advertising, branding, and related services. The specific services, scope, and deliverables for your engagement are set out in your Agreement.

We will perform the Services with due care and skill and in a professional manner. We may use our own methods, tools, and judgement to deliver the best outcome within the agreed scope.

3. Engagements and Scope

Work begins once you have accepted a proposal or Agreement and, where applicable, paid any amount due to commence. The scope of work is defined in that Agreement. Any work that falls outside the agreed scope may be treated as a variation and may incur additional fees, which we will discuss and agree with you before proceeding.

4. Fees and Payment

Our fees are set out in your Agreement. Unless stated otherwise, our services are provided on a month-to-month basis with no long-term lock-in contract.

• Fees are payable in accordance with the invoicing schedule in your Agreement
• All fees are inclusive of any applicable taxes
• We may pause or suspend services where invoices remain unpaid beyond their due date
• Third-party costs you authorise (such as ad spend, software subscriptions, or stock assets) are your responsibility unless we agree otherwise in writing
• Our fees are set in Australian Dollars (AUD) and may be billed in your local currency, converted at the applicable exchange rate at the time of invoicing
• Where you are on an ongoing monthly service, fees are invoiced each month in advance, and we will tell you the amount and the billing date before the first invoice
• Where you choose to pay by card, you authorise us, through our payment provider, to charge your card for the invoiced fees due under your Agreement
• You can cancel an ongoing service at any time as set out in Section 13 and our Refunds and Cancellations policy in Section 14; cancellation stops future invoices but does not refund fees for a service period already underway

5. Your Responsibilities

To allow us to deliver the Services effectively, you agree to:

• Provide timely access to accounts, platforms, content, and information we reasonably need
• Provide feedback and approvals within a reasonable timeframe
• Ensure any materials you provide are accurate and that you have the right to use them
• Use the Services and our Deliverables lawfully and in line with these Terms

Delays in providing access, content, or approvals may affect timelines, and we are not responsible for the impact of such delays.

6. Intellectual Property

Subject to full payment of all fees due, ownership of the final Deliverables created specifically for you transfers to you on payment. Until full payment is received, all Deliverables remain our property.

We retain ownership of our pre-existing intellectual property, including our methods, processes, templates, tools, and any general know-how, and of any materials not created specifically for you. Where our Deliverables incorporate such pre-existing materials, we grant you a non-exclusive licence to use them as part of the Deliverables. Unless you ask us otherwise in writing, we may reference the work we have done for you in our portfolio and marketing.

7. Confidentiality

Each party may have access to confidential information of the other. Both parties agree to keep such information confidential and to use it only for the purpose of the engagement, except where disclosure is required by law or the information is already public through no fault of the receiving party.

8. Third-Party Tools and Services

Our Services may rely on, recommend, or integrate with third-party platforms and tools, such as search engines, advertising platforms, analytics, hosting, and software. You may need your own accounts or subscriptions for some of them.

We are not responsible for the availability, performance, pricing, or policies of third-party services, or for changes they make that affect your results. Your use of any third-party service is governed by that provider’s own terms.

9. No Guarantee of Specific Results

Digital marketing, and search engine optimisation in particular, depends on many factors outside our control — including search engine algorithms, competitor activity, market conditions, and the actions of third-party platforms. While we apply proven, best-practice strategies and work diligently on your behalf, we cannot and do not guarantee specific rankings, traffic levels, leads, sales, or other outcomes, or that results will be achieved within a particular timeframe.

Any examples, case studies, or projections we share are illustrative only and are not a promise or guarantee of the results you will achieve.

10. Warranties and Disclaimers

Our website and its content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we exclude all warranties, representations, and guarantees that are not expressly set out in these Terms or your Agreement.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, data, or business opportunity, arising out of or in connection with the Services or your use of our website.

To the extent we are liable and our liability can lawfully be limited, our total liability arising out of or in connection with the Services is limited to the amount of fees paid by you to us for the Services in the three months preceding the event giving rise to the liability. This clause does not limit any liability that cannot be excluded or limited under the Australian Consumer Law.

12. Indemnity

You agree to indemnify us against any claims, losses, or costs arising from content or materials you provide to us, your breach of these Terms, or your unlawful use of the Services or Deliverables, including any claim that materials you supplied infringe a third party’s rights.

13. Term, Cancellation, and Termination

Ongoing services continue on a month-to-month basis unless your Agreement states otherwise. We do not lock clients into fixed-term contracts, and there is no fixed notice period. Each month is paid in advance, and we do not begin a month’s work until payment for that month has been received. You can end an ongoing engagement simply by letting us know that you do not wish to continue before work on the next month begins. How fees are treated on cancellation is set out in Section 14 (Refunds and Cancellations).

Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within a reasonable time of being notified. On termination, you agree to pay for all Services performed and costs incurred up to the date of termination.

14. Refunds and Cancellations

We work on a rolling month-to-month basis and do not lock clients into fixed-term contracts. If you are happy with the work, you continue into the next month. If you do not wish to continue, you simply do not proceed with the following month and are free to leave at any time.

Ongoing services. Monthly fees are invoiced and payable in advance for each service period, and we do not begin work on a new service period until payment for that period has been received. The fees for a service period that is underway or already completed are non-refundable, including where you are not satisfied with the results, because the work for that period has been scheduled, resourced, and carried out. To stop, simply let us know before work on the next month begins; this stops future invoices but does not refund the current or a completed period.

Service work generally. All of our work is service work delivered over time. We do not sell digital products, downloads, or licences that are capable of being returned, and fees for work already performed are not refundable on the basis of the results achieved.

Domains, hosting, and third-party costs. Amounts paid for or to third parties on your behalf, such as domain registration, hosting, advertising spend, software subscriptions, or stock assets, are non-refundable once incurred. These are paid to and governed by the relevant provider, and a domain in particular cannot be refunded once it has been registered.

Billing questions and disputes. If you believe you have been charged in error, or have any concern about an invoice, please contact us at hello@triorbitdigital.com before raising a dispute with your bank or card provider. We aim to respond to billing queries within 5 business days and will work with you in good faith to resolve them.

Your consumer rights. Nothing in this policy limits any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded.

15. Use of Our Website

You agree to use our website lawfully and not to misuse it, including by attempting to gain unauthorised access, introducing malicious code, or interfering with its operation. We may suspend or restrict access to the website at any time without notice.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “last updated” date at the top of this page. Your continued use of our website or services after any change means you accept the updated Terms.

17. Governing Law

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

18. Contact Us

If you have any questions about these Terms, please contact us:

• TriOrbit Pty Ltd (ABN 50 688 689 223)
• Email: hello@triorbitdigital.com
• Post: 2/290 Boundary Street, Spring Hill, Queensland 4000, Australia

You can also reach us through our contact page.