Terms of Service

Scale Digital Pty Ltd
ABN 20 636 866 076
Last Updated: 17/11/25

These Terms of Service (“Terms”) govern the provision of digital marketing, advertising, consulting, and related services (“Services”) by Scale Digital Pty Ltd (“Scale Digital”, “we”, “our”, “us”) to the Client (“you”, “your”). By engaging our Services, signing a proposal, or accessing deliverables provided by Scale Digital, you agree to be bound by these Terms.

1. Scope of Services

Scale Digital provides a range of services, which may include:

  • Digital advertising (Meta, Google, TikTok, and other platforms)
  • Campaign strategy, planning, optimisation, and management
  • Tracking implementation (pixels, tags, server-side tracking, analytics)
  • Funnel & landing page optimisation
  • Marketing consulting and advisory
  • Reporting, insights, and data analysis
  • Creative guidance or production (where included in your package)

The specific scope, deliverables, fees, and timelines will be outlined in a Proposal, Quote, Statement of Work, or Service Agreement (“Agreement”).

2. Client Responsibilities

You agree to:

  • Provide accurate information and access required to deliver the Services
  • Maintain updated login credentials and access permissions
  • Ensure your website, products, and advertising comply with legal obligations
  • Provide approvals (ad creatives, budgets, strategy changes) within reasonable timeframes
  • Ensure that any customer data you provide to us is collected lawfully with appropriate consent
  • Maintain compliance with platform terms (e.g., Meta, Google, TikTok)

We are not responsible for delays or performance impacts caused by lack of access, missing assets, or unapproved deliverables.

3. Fees & Payment Terms

  • Fees will be specified in the Agreement.
  • Unless otherwise stated, invoices are payable within 14 days from the invoice date.
  • Late payments may result in paused services until payment is received.
  • Campaign ad spend paid directly to advertising platforms is separate from Scale Digital’s fees.
  • All prices are quoted in AUD unless otherwise specified.

If work is paused or delayed due to non-payment, no refunds will apply for the affected period.

4. Term, Renewal & Cancellation

4.1 Term

Your Agreement will specify whether services are:

  • Month-to-month
  • Fixed-term
  • Project-based
4.2 Renewal

Month-to-month agreements renew automatically unless cancelled with notice.

4.3 Cancellation

Unless otherwise specified in your Agreement:

  • You may cancel with 30 days written notice
  • All work completed up to the cancellation date must be paid
  • Prepaid fees for completed work are non-refundable

Scale Digital may terminate the Agreement immediately if:

  • You breach these Terms
  • Illegal, unethical, or non-compliant advertising practices are requested
  • Payment obligations are not met
5. Advertising Platform Compliance

You acknowledge that:

  • Each advertising platform (Meta, Google, TikTok, etc.) has its own policies and restrictions
  • Platform decisions regarding ad approvals, account disabling, or enforcement actions are beyond our control
  • You are responsible for ensuring your business practices and website comply with those policies

Scale Digital is not liable for:

  • Ad rejections
  • Account suspensions
  • Platform outages or changes
  • Losses arising from platform policy enforcement

6. Intellectual Property

6.1 Client Materials

You retain ownership of your:

  • Branding and creative assets
  • Website content
  • CRM data
  • Existing advertising accounts

You grant Scale Digital a licence to use these materials solely to provide the Services.

6.2 Scale Digital Materials

Unless otherwise agreed in writing:

  • Campaign structures
  • Tracking configurations
  • Strategy frameworks
  • Proprietary processes
  • Reporting templates

remain the intellectual property of Scale Digital.

You may use deliverables produced for you (ad creatives, copywriting, reports) for your own business purposes.

7. Confidentiality

Both parties agree to keep confidential:

  • Business information
  • Access credentials
  • Advertising performance data
  • Customer lists or CRM data
  • Pricing and commercial arrangements

Confidentiality obligations survive termination of the Agreement.

8. Data, Privacy & Compliance

Scale Digital complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

When processing customer data, we:

  • Act as a service provider / processor
  • Only use data according to your instructions
  • Maintain appropriate security and access controls
  • Do not sell or share data with unrelated third parties
  • Comply with platform data-handling requirements (Meta, Google, TikTok)

You are responsible for ensuring:

  • Your own data collection practices follow applicable laws
  • Consent is obtained where required
  • Any data you provide to us was collected lawfully

9. Limitation of Liability

To the maximum extent permitted by law:

  • Scale Digital is not liable for indirect, incidental, or consequential loss
  • We are not liable for loss resulting from advertising platform behaviour or enforcement
  • Total liability is limited to the total fees paid to us in the previous 3 months
  • We make no guarantees regarding campaign performance, revenue growth, or outcomes

Digital advertising results are influenced by factors outside our control.

10. Indemnity

You agree to indemnify and hold Scale Digital harmless against claims arising from:

  • Your misuse of advertising platforms
  • Misrepresentation of products or services
  • Breach of platform policies
  • Illegal or non-compliant business practices
  • Incorrect or unlawful data sharing

11. Third-Party Services

Our Services may rely on third-party tools such as:

  • Meta Ads
  • Google Ads / Analytics
  • TikTok Ads
  • CRM systems
  • Data warehouses or tracking tools

We are not responsible for:

  • Downtime
  • Price changes
  • Policy or technical updates
  • Account restrictions

12. Amendments

We may update these Terms from time to time.
The latest version will always be published on our website or emailed upon request.

Continued use of our Services constitutes acceptance of updated Terms.

13. Governing Law

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

14. Contact Information

For questions about these Terms, contact:

Scale Digital Pty Ltd
ABN 20 636 866 076
Email: support@scaledigital.com.au
Website: www.scaledigital.com.au

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