Terms & Conditions

1. Parties & Agreement Formation

These Terms and Conditions ("Terms") form a legally binding agreement between 10by10 Digital ("we," "us," "our") and any individual or entity ("Client," "you") who accesses our website, submits an inquiry, or engages our services.

An agreement is formed when a client accepts a written proposal, signs a Service Agreement, pays a deposit, or instructs us to commence work — whichever occurs first. These Terms are incorporated into every engagement unless explicitly superseded by a separate written contract signed by both parties.

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2. Services Provided

10by10 Digital offers, but is not limited to, the following services:

• Custom web design, front-end and back-end development, and CMS implementation.
• Search Engine Optimisation (SEO), Generative Engine Optimisation (GEO), and Answer Engine Optimisation (AEO).
• Paid media management including Google Ads and Meta (Facebook/Instagram) Ads.
• Ecommerce development and conversion rate optimisation (CRO).
• Content strategy, copywriting, and digital brand development.
• Analytics setup, reporting dashboards, and marketing automation.

The scope of work for each engagement is defined in the relevant project proposal, Service Level Agreement (SLA), or Statement of Work (SOW). Any work outside the agreed scope will require a written Change Request and may incur additional fees.

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3. Australian Consumer Law (ACL) Guarantees

Under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL), consumers are entitled to non-excludable statutory guarantees. These include guarantees that services will be rendered with due care and skill. These guarantees cannot be excluded or limited by contract.

Our liability for any failure to meet an ACL guarantee is limited (to the extent permissible by law) to re-supplying the services or paying the cost of having the services supplied again by a qualified third party. This limitation does not apply to consequential loss arising from our failure to exercise due care and skill.

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4. Fees, Invoicing & Payment Terms

All quoted fees are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. 10by10 Digital is registered for GST under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

• Deposit: Most engagements require a deposit (typically 50%) prior to commencement.
• Payment Terms: Invoices are due within 14 calendar days of issue unless otherwise agreed in writing.
• Late Payment: Outstanding invoices beyond 14 days may accrue interest in accordance with the Late Payment of Commercial Debts provisions and applicable South Australian legislation.
• Suspension: We reserve the right to suspend delivery of services or withhold deliverables until outstanding amounts are settled.
• Disputed Invoices: Any invoice disputes must be raised in writing within 7 days of issue. Undisputed portions remain payable by the due date.

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5. Intellectual Property Rights (Copyright Act 1968)

All original content, code, designs, marketing strategies, and creative assets produced by 10by10 Digital are protected under the Copyright Act 1968 (Cth).

• Prior to Full Payment: All deliverables remain the intellectual property of 10by10 Digital.
• Upon Full Payment: Project-specific deliverables (custom code, copy, design assets) transfer to the Client under a full commercial licence or assignment, as specified in the project agreement.
• Retained Agency IP: We retain ownership of all reusable frameworks, templates, proprietary tools, methodologies, and background technology. Clients receive a non-exclusive licence to use these as embedded in their deliverables.
• Third-Party IP: Clients are responsible for ensuring that any content, images, or materials provided to us are licensed for use. We accept no liability for client-supplied IP infringement.
• Portfolio Rights: Unless otherwise agreed, we retain the right to display the project in our portfolio and marketing materials.

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6. Warranties & Limitation of Liability

We make no warranty that our digital marketing services will produce specific revenue outcomes, search engine rankings, or ROAS figures, as these are subject to third-party algorithmic decisions beyond our control.

Subject to any non-excludable ACL guarantees, our total aggregate liability to a client for any claim is limited to the fees paid by the client in the 3 months preceding the event giving rise to the claim.

We expressly exclude all liability for indirect, special, consequential, or incidental loss, including but not limited to: loss of revenue, loss of profit, loss of business opportunity, loss of data, or reputational damage.

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7. Client Responsibilities

Clients agree to:

• Provide accurate, complete, and timely information, approvals, and materials required for service delivery.
• Designate an authorised point of contact with decision-making authority.
• Comply with all applicable laws, including Australian Consumer Law, when using our deliverables in their own marketing.
• Not engage in any activity that would constitute misleading or deceptive conduct under the ACL.
• Provide timely feedback within agreed review windows. Delays caused by the client may affect timelines and may incur additional fees.

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8. Confidentiality

Both parties agree to keep confidential all proprietary information disclosed during the engagement. We will not disclose your business strategies, client lists, or sensitive financial information to third parties without your written consent, except as required by law. Likewise, clients agree not to disclose our proprietary methodologies, pricing structures, or internal systems to competitors or third parties.

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9. Termination

Either party may terminate an engagement with a minimum of 30 days' written notice. Upon termination:

• The client is liable for all fees for work completed or in progress up to the termination date.
• We will provide all completed deliverables upon receipt of final payment.
• Non-refundable deposits covering commencement costs remain payable.
• We reserve the right to immediately terminate without notice if a client engages in illegal activity, harassment, or non-payment beyond 60 days.

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10. Dispute Resolution

In the event of a dispute, the parties agree to attempt resolution in good faith through direct negotiation before pursuing formal legal proceedings. If negotiation fails within 21 days, the parties may seek mediation through the South Australian Dispute Resolution Centre, or refer the matter to the courts.

Consumers may also contact the Consumer and Business Services (CBS) South Australia for assistance with any consumer-related dispute by visiting www.cbs.sa.gov.au.

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11. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of South Australia, Australia. Both parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia, and any applicable federal courts, for resolution of any dispute arising from or in connection with these Terms or any engagement with 10by10 Digital.

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12. Amendments to These Terms

We reserve the right to update these Terms at any time. Material changes will be notified to active clients via email. All updates take effect from the date of publication on this page. Continued engagement with our services after any update constitutes acceptance of the revised Terms.