Terms of Service
Last updated: December 2024
Welcome to ClickTheory. These terms of service govern your use of our website and services. By using our website or engaging our services, you agree to these terms.
1. About ClickTheory
ClickTheory is a digital marketing agency based in Byron Bay, Australia. We provide SEO, web design, Google Ads management, social media marketing, and related digital marketing services.
2. Website Use
Acceptable Use
When using our website, you agree to:
- Use the website lawfully and in good faith
- Not attempt to gain unauthorised access to our systems
- Not use the website to transmit harmful code or spam
- Not copy or reproduce our content without permission
Intellectual Property
All content on this website, including text, graphics, logos, and images, is owned by ClickTheory or our licensors. You may not reproduce, distribute, or create derivative works without our written permission.
3. Our Services
Service Agreements
Engagement of our digital marketing services requires a separate service agreement that outlines specific deliverables, pricing, and terms. These terms of service supplement any service agreement.
Results Disclaimer
While we strive to deliver excellent results, we cannot guarantee specific outcomes from digital marketing activities. Search engine rankings, website traffic, and lead generation depend on many factors outside our control, including algorithm changes, market conditions, and competitor activities.
Client Responsibilities
Our clients are responsible for:
- Providing accurate and timely information
- Approving content and strategies in a timely manner
- Maintaining access to necessary accounts and platforms
- Ensuring their products and services comply with applicable laws
- Paying invoices according to agreed terms
4. Pricing and Payment
Our pricing is quoted in Australian Dollars (AUD) and excludes GST unless otherwise stated. Payment terms are specified in individual service agreements. We reserve the right to suspend services for overdue accounts.
5. Confidentiality
We treat all client information as confidential. We will not disclose your business information to third parties except as necessary to provide our services or as required by law.
6. Limitation of Liability
To the maximum extent permitted by law:
- Our liability for any claim is limited to the fees paid for the relevant services
- We are not liable for indirect, consequential, or special damages
- We are not liable for losses resulting from factors outside our reasonable control
Nothing in these terms excludes or limits liability that cannot be excluded under Australian Consumer Law.
7. Indemnification
You agree to indemnify and hold ClickTheory harmless from any claims, damages, or expenses arising from your breach of these terms, your use of our services, or your violation of any third-party rights.
8. Termination
We may suspend or terminate your access to our website or services if you breach these terms. Termination of services is governed by individual service agreements.
9. Third-Party Services
Our services may involve third-party platforms (Google, Meta, etc.). Your use of these platforms is subject to their terms of service. We are not responsible for changes to third-party platforms that affect our services.
10. Dispute Resolution
If a dispute arises, we will first attempt to resolve it through good-faith negotiation. If that fails, disputes will be resolved through mediation in accordance with the Resolution Institute Mediation Rules. These terms are governed by the laws of New South Wales, Australia.
11. Changes to Terms
We may update these terms from time to time. Continued use of our website after changes constitutes acceptance of the new terms.
12. Severability
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
13. Entire Agreement
These terms, together with any service agreement, constitute the entire agreement between you and ClickTheory regarding the subject matter hereof.
14. Contact
For questions about these terms, please contact us:
- Email: nick@clicktheory.com.au
- Location: Byron Bay, NSW, Australia