Terms and Conditions, Privacy and Service Agreement

If you have any questions, please just contact us on: adam@copyburst.com.au

These Terms and Conditions form the Agreement between Copyburst Pty Ltd (“Copyburst”, “we”, “us”, “our”) and you, the Client. By engaging Copyburst’s services, you agree to be bound by these Terms and Conditions, our Privacy Policy, and any accompanying Proposal, Invoice, or Service Agreement.


1. Services

Copyburst provides services including but not limited to: Search Engine Optimisation (SEO), Google My Business (GMB) optimisation, Copywriting, Paid Marketing Management (e.g. Google Ads, Meta Ads), Email Marketing (EDM), Website Design and related digital marketing services. Copyburst reserves the right to subcontract or engage third-party contractors and agencies to deliver services as required.


2. Fees & Payments

  • All fees are estimates unless otherwise stated in writing. If the scope changes, Copyburst may issue revised estimates and invoices.
  • Unless otherwise agreed, 100% payment is required upfront for project work. Retainer and recurring services are billed in advance via direct debit.
  • Overdue invoices: If payment is not received within 30 days, Copyburst may:
  • Suspend or cease services immediately.
  • Charge interest at 2% per month on overdue balances.
  • Recover collection and legal costs incurred in pursuing payment.


3. Scope of Work & Change Requests

  • All services are delivered in accordance with the agreed Proposal or Service Agreement.
  • Any changes or additional requests must be confirmed in writing and may incur additional fees.
  • Unless otherwise agreed, additional work will be billed at Copyburst’s standard hourly rate.


4. Client Responsibilities & Warranties

The Client agrees to provide Copyburst with timely access to all necessary information, logins, and approvals.

The Client warrants that:

  • All materials, content, images, and instructions provided are accurate, lawful, and owned or licensed by the Client.
  • Materials provided do not infringe the intellectual property, privacy, or other rights of third parties.

The Client indemnifies and holds Copyburst harmless against any claims, losses, or damages arising from a breach of these warranties.


5. Copyright & Intellectual Property (IP)

  • Upon full payment, copyright and intellectual property rights in all deliverables created by Copyburst for the Client transfer to the Client. See "Website Handover" in this section in regards to website handover.
  • Copyburst retains ownership of any underlying tools, templates, content or article layouts, frameworks, design systems, or methodologies used in delivering the services. These remain Copyburst’s property and may be reused in other projects.
  • The Client accepts full responsibility for reviewing all deliverables and for any claims, costs, or liabilities arising from the use of Copyburst’s work (including SEO, websites, ads, and content).

a) Website Handover

  • If Copyburst builds a website and services are terminated, Copyburst will (upon written request within 30 days of termination) export and supply the website in HTML format.
  • Copyburst does not provide hosting, CMS access, or administrative logins, only the raw HTML files.
  • If the Client does not request the website within 30 days, Copyburst may delete or reuse its stored copy.
  • Copyburst will not resell a completed Client website, but reserves the right to reuse generic content including design layouts, generic blog or page content that is not client specific, design elements, code, or frameworks developed internally.
  • Copyburst takes no responsibility for website migration, integration with third-party systems, technical issues, or data loss once the files are supplied to the Client.


b) Restrictions on Use

  • Deliverables may not be resold, sub-licensed, or redistributed to third parties without Copyburst’s written consent.


6. Portfolio Use

Unless expressly requested in writing by the Client, Copyburst reserves the right to display deliverables in its portfolio, website, and marketing materials.


7. Confidentiality & Privacy

  • Both parties agree to keep confidential all business information shared during the engagement.
  • Copyburst may collect and store Client information via analytics tools, research, CRM systems, cloud storage, and third-party platforms.
  • Copyburst accepts no liability for breaches, hacks, or data loss arising from third-party platforms or tools.


8. Marketing & Publicity

Copyburst may use the Client’s name and project in case studies or marketing material unless otherwise agreed in writing. Client data will not be sold or shared with third parties without consent, except where required by law.


9. Third-Party Platforms & Tools

Copyburst shall not be liable for:

  • Suspension, penalties, or account bans by third-party platforms (Google, Meta, etc.).
  • Changes in algorithms, policies, or third-party software performance.
  • Data breaches or failures of third-party tools (e.g. Google Analytics, Hotjar, CRMs).


10. Results & Guarantees

Copyburst will use its best efforts to deliver quality services, however:

  • No guarantee is made regarding SEO rankings, leads, conversions, or other specific results.
  • Forecasts and projections are estimates only.


11. Termination & Refunds

  • Either party may terminate this Agreement by written notice.
  • The Client must pay for services delivered up to the termination date.
  • No refunds will be provided for work already performed or pre-paid retainers.
  • Copyburst may immediately terminate services if the Client breaches these Terms (e.g. non-payment, unlawful content, or confidentiality breaches).


12. Non-Solicitation of Staff & Contractors

The Client agrees not to directly employ, engage, or solicit Copyburst employees, contractors, or freelancers during the term of this Agreement and for 12 months after termination, without Copyburst’s written consent.


13. Indemnification

The Client agrees to indemnify, defend, and hold harmless Copyburst, its employees, contractors, and partners from any claims, damages, or expenses arising from:

  • The Client’s use of Copyburst’s services.
  • Content, images, or materials provided or approved by the Client.
  • Publication or distribution of Client content on third-party websites.


14. Limitation of Liability

To the maximum extent permitted by law, Copyburst’s total liability for any claim arising under this Agreement (whether in contract, tort, or otherwise) is limited to the total fees paid by the Client to Copyburst in the twelve (12) months immediately preceding the event giving rise to the claim. Copyburst shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profit, revenue, or opportunity, however caused. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Client by the Australian Consumer Law or any other applicable legislation that cannot be excluded, but Copyburst’s liability is otherwise limited as set out above.


15. Industry Disclaimers

Copyburst does not provide legal, financial, or medical advice. Clients operating in regulated industries are solely responsible for compliance with applicable laws, industry regulations, and professional standards.


16. Force Majeure

Copyburst shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, or third-party failures.


17. Governing Law & Dispute Resolution

This Agreement is governed by the laws of Queensland, Australia.

  • Both parties agree to attempt to resolve disputes through good faith negotiation and mediation before commencing court proceedings.
  • If the Client is located outside Australia, the Client agrees that Queensland law applies and any dispute must be heard in Queensland courts.


18. Entire Agreement

This Agreement, together with any Proposals, Invoices, or Service Agreements, constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, or representations.

By engaging Copyburst, the Client acknowledges they have read, understood, and agreed to these Terms and Conditions in full.


Company

Copyburst PTY LTD is operated under ABN: 48678125598, and reserves the right to adjust these terms at any time without notice.