Terms and Conditions, Privacy and Service Agreement

Copyburst Pty Ltd, ABN 48 678 125 598. Queensland, Australia.

If you have any questions, please contact us at adam@copyburst.com.au

1. Agreement and Acceptance

These Terms and Conditions form the Agreement between Copyburst Pty Ltd ("Copyburst", "we", "us", "our") and you, the Client.

The Client accepts these Terms by any of the following, whichever occurs first:

signing or electronically accepting a Proposal or Service Agreement that refers to these Terms;
ticking or otherwise confirming acceptance of these Terms in Copyburst's onboarding form;
providing written confirmation (including by email) that the Client accepts these Terms; or
paying an invoice that links to these Terms.

Copyburst will provide the Client with a copy of, or a link to, these Terms before the commencement of services. The version of these Terms in force on the date the Client accepts them governs the engagement, subject to clause 21.

This Agreement is made up of these Terms, the Privacy Policy, and any accompanying Proposal, Invoice, or Service Agreement. Where there is inconsistency, the Proposal or Service Agreement prevails to the extent of the inconsistency.

1a. Definitions

In this Agreement:

Compliance Obligations means all laws, regulations, licensing conditions, authorisations, industry codes, professional standards, regulatory guidance and platform policies applicable to the Client's business and to the promotion, advertising and description of the Client's products and services. This includes, where applicable to the Client: the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code; the Corporations Act 2001 (Cth); ASIC Regulatory Guides (including RG 234 and RG 274), ASIC Information Sheets and the design and distribution obligations; the Australian Securities and Investments Commission Act 2001 (Cth) and the Australian Consumer Law (including the prohibitions on misleading or deceptive conduct and false or misleading representations); the Legal Profession Uniform Law and associated advertising rules; the Tax Agent Services Act 2009 (Cth) and the Code of Professional Conduct; the Property Occupations Act 2014 (Qld) and equivalent State and Territory legislation; the Spam Act 2003 (Cth); the Privacy Act 1988 (Cth); and the Do Not Call Register Act 2006 (Cth).

Deliverable means any content, article, page, post, advertisement, email, image, website, code or other material prepared or supplied by Copyburst under this Agreement.

Regulated Client means a Client that holds or operates under an Australian Credit Licence, credit representative authorisation, Australian Financial Services Licence, legal practising certificate, tax agent or BAS agent registration, real estate or property agent licence, or any equivalent licence, registration or authorisation.

Regulator means ASIC, AFCA, the ACCC, the OAIC, the ACMA, the Tax Practitioners Board, a State or Territory legal services commissioner or fair trading body, or any other body with statutory oversight of the Client's business.

2. Services

Copyburst provides services including but not limited to: Search Engine Optimisation (SEO), Answer Engine Optimisation (AEO), Google Business Profile optimisation, copywriting, paid marketing management (e.g. Google Ads, Meta Ads), email marketing, website design and related digital marketing services.

Copyburst may subcontract or engage third-party contractors and agencies to deliver services. Copyburst remains responsible to the Client for services delivered by its subcontractors.

Copyburst provides marketing and content production services only. Copyburst does not provide, and does not hold itself out as providing, credit assistance, financial product advice, legal services, tax agent services or any other licensed or regulated service. See clause 18.

3. Fees and Payments

Unless otherwise stated, all fees are exclusive of GST. GST will be added to all invoices where applicable and Copyburst will issue a valid tax invoice.
All fees are estimates unless otherwise stated in writing. If the scope changes, Copyburst may issue revised estimates and invoices. Revised fees apply only to work performed after the Client accepts the revised estimate in writing.
Unless otherwise agreed, project work is payable in full in advance. Retainer and recurring services are billed in advance by direct debit or invoice.
Fees for ongoing retainer services may be increased by Copyburst on not less than 30 days' written notice. If the Client does not accept the increase, the Client may terminate under clause 13 with no further liability beyond fees for services delivered up to the termination date.

Overdue accounts

If an invoice remains unpaid after its due date, Copyburst may:

issue a written reminder;
if the invoice remains unpaid 14 days after that reminder, suspend services by written notice, having given the Client a reasonable opportunity to remedy the non-payment;
charge interest on overdue balances at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily; and
recover reasonable collection and legal costs actually incurred in pursuing payment.

Copyburst will not suspend services without first giving the Client written notice and a reasonable opportunity to pay.

4. Scope of Work and Change Requests

Services are delivered in accordance with the agreed Proposal or Service Agreement.
Any changes or additional requests must be confirmed in writing by both parties and may incur additional fees.
Unless otherwise agreed, additional work outside the agreed scope is billed at Copyburst's standard hourly rate, notified to the Client before the work commences.
Compliance review, legal review, licensee sign-off and regulatory approval of Deliverables are not within scope and are not services Copyburst provides, unless expressly agreed in writing and separately scoped.

4a. Paid Advertising and Media Spend

This clause applies where Copyburst manages paid advertising (including Google Ads and Meta Ads) on the Client's behalf.

Media spend is separate from and additional to Copyburst's management fees, and is not included in any retainer unless expressly stated in writing.
Unless otherwise agreed in writing, advertising accounts are held in the Client's name, with the Client's own payment method attached, and the Client is responsible for paying the platform directly.
Where Copyburst funds media spend on the Client's behalf, that spend is invoiced to the Client at cost and is payable in accordance with clause 3. Copyburst may require payment in advance and may pause campaigns if funds are not received.
The Client authorises Copyburst to operate campaigns within the budget agreed in writing. Copyburst will not materially exceed that budget without the Client's written approval.
Advertising platforms deliver spend using their own systems. Copyburst is not liable for platform billing errors, delivery variances, automated bidding outcomes, or spend variations within normal platform tolerances.
The Client is responsible for the accuracy and compliance of its offers, claims and landing pages, and for compliance with all platform advertising policies and Compliance Obligations applicable to its industry.
On termination, the Client is responsible for pausing or reassigning its campaigns. Copyburst is not liable for spend incurred after Copyburst's access is removed or after the termination date, whichever is earlier.

5. Client Responsibilities and Warranties

The Client agrees to provide Copyburst with timely access to all necessary information, logins, and approvals. The Client acknowledges that delays in providing these may affect delivery timeframes.

The Client warrants and represents that:

all materials, content, images, data, claims, figures, rates, product information and instructions provided to Copyburst are accurate, current, lawful, and owned or properly licensed by the Client;
those materials do not infringe the intellectual property, privacy, or other rights of any third party;
the Client is authorised to grant Copyburst access to any website, platform, or account it provides access to;
where the Client is a Regulated Client, every licence, registration, authorisation, accreditation, membership and EDR scheme membership it holds or operates under is current, in good standing, and not subject to any condition, suspension, undertaking or enforcement action that would affect the Client's ability to advertise or promote its services, and the Client will notify Copyburst in writing within 7 days if that ceases to be the case;
the Client maintains its own internal advertising, marketing and compliance approval process appropriate to its Compliance Obligations, and will apply that process to every Deliverable before publication; and
the Client has nominated in writing a person responsible for reviewing and approving Deliverables under clauses 7 and 7a, and will keep that nomination current.

The Client indemnifies Copyburst against claims, losses, or damages arising from a breach of these warranties, except to the extent the loss was caused by Copyburst's own negligence, wilful misconduct, or breach of this Agreement.

6. Website, Platform and Account Access

This clause applies where the Client grants Copyburst administrative, editor, or equivalent access to a website, CMS, hosting account, analytics property, advertising account, or other platform.

Copyburst will use reasonable care when working within Client platforms and will restrict access to personnel who require it.
The Client is responsible for maintaining its own current backups of its website, content and data. Copyburst is not the Client's backup provider.
Where Copyburst performs a website migration, redirect implementation, structural change, or bulk content change, Copyburst will take a backup or export of the affected material before commencing where the platform permits, and will notify the Client before making changes that materially affect site structure or live content.
Copyburst is not liable for loss, corruption, downtime, ranking loss, or damage arising from: the acts or omissions of the Client or any other party with access to the platform; failures, outages, updates or policy changes of the platform or hosting provider; or the Client's failure to maintain its own backups.
The Client must notify Copyburst promptly of any change to who holds access to its platforms.
On termination, the Client must remove Copyburst's access within 14 days. Copyburst will remove or hand back any credentials it holds on request.

6a. Publication Access and Standing Authority

Where the Client grants Copyburst access sufficient to publish content directly to a live platform, the Client:

authorises Copyburst to publish Deliverables to that platform in accordance with the agreed scope and publishing schedule;
acknowledges that this standing authority is granted for operational convenience only, does not transfer responsibility for compliance to Copyburst, and does not displace the Client's review and approval obligations under clauses 7 and 7a; and
may at any time, by written notice, withdraw that authority and require pre-publication written approval of every Deliverable. Copyburst will comply with that notice from the next scheduled delivery.

7. Content, Review and Approval

The Client is responsible for reviewing and approving all Deliverables before publication. Approval may be given expressly in writing or by the Client publishing, or permitting the publication of, the Deliverable.
Copyburst uses a range of tools and technologies in producing Deliverables, which may include AI-assisted content production, automated data retrieval, and bulk or scheduled content generation. The Client acknowledges and accepts this method of production. All Deliverables are subject to Copyburst's internal review process and to the Client's review and approval under this clause and clause 7a.
Copyburst's internal review is a general editorial and quality check. It is not a compliance, legal or regulatory review, and the Client must not rely on it as one.
The Client is responsible for ensuring that published content is accurate, current, complies with all Compliance Obligations, and is appropriate for the Client's regulatory position.
Where Copyburst includes rates, fees, thresholds, product features, eligibility criteria, legislative references, statistics or other factual data in a Deliverable, that data is drawn from sources reasonably believed to be reliable at the time of production. Such data changes frequently. The Client is responsible for verifying it before publication and for keeping published content current thereafter.
Where the Client operates in a regulated industry (including credit, financial services, legal, accounting and property services), the Client remains solely responsible for compliance with applicable licensing, disclosure, advertising and record-keeping requirements.

7a. Client Review Obligation

The Client must review each Deliverable for factual accuracy and compliance with its Compliance Obligations before it is published, or within 7 days of delivery, whichever is earlier.
The Client must notify Copyburst in writing of any error, inaccuracy, omission, out-of-date figure, non-compliant statement, or content the Client considers unsuitable for its regulatory position, as soon as reasonably practicable and in any event within 7 days of becoming aware of it.
Where the Client publishes, or permits the publication of, a Deliverable, or does not notify Copyburst within the period above, the Client is taken to have reviewed and approved that Deliverable as compliant with its Compliance Obligations.
Copyburst will correct, amend or remove any Deliverable notified under this clause within a reasonable time and at no additional cost, where the matter notified arises from Copyburst's work.
Where Copyburst publishes on a scheduled or bulk basis under clause 6a, the Client remains obliged to review published Deliverables on an ongoing basis at a frequency appropriate to its Compliance Obligations, and to notify Copyburst of any issue.
The Client may not recover loss arising from a Deliverable to the extent that loss could reasonably have been avoided had the Client reviewed and notified in accordance with this clause.
This clause does not require the Client to review Deliverables in a manner that is unreasonable having regard to the volume and nature of the services agreed, and does not exclude, restrict or modify any consumer guarantee under the Australian Consumer Law.

7b. Regulated Client Obligations

This clause applies where the Client is a Regulated Client.

The Client acknowledges that responsibility for the compliance of its advertising and marketing material rests with the Client and, where applicable, its licensee, and cannot be delegated to Copyburst.
The Client must submit every Deliverable to its own compliance, licensee or professional approval process before publication, and must not publish a Deliverable that has not passed that process.
The Client must notify Copyburst in writing of any compliance requirement, disclosure, disclaimer, licence or registration number, comparison rate obligation, warning statement, prohibited term, aggregator or licensee policy, or house style requirement that must be applied to its content, and must keep Copyburst updated as those requirements change. Copyburst will apply requirements notified to it in writing, and is not responsible for requirements it has not been notified of.
Copyburst does not monitor changes to the Client's Compliance Obligations, does not provide regulatory updates, and is not responsible for identifying that published content has become non-compliant due to a change in law, regulatory guidance, licensee policy or product terms.
The Client must notify Copyburst in writing as soon as reasonably practicable if it receives any complaint, notice, query, investigation, direction or enforcement action from a Regulator, an external dispute resolution scheme, a licensee or an aggregator that relates in any way to content Copyburst produced or published.
On receiving that notice, Copyburst will cooperate reasonably with the Client, provide records of the Deliverables in question and their production and approval history, and at the Client's direction amend, unpublish or remove the content promptly.
Copyburst may suspend or cease publication of any Deliverable where Copyburst reasonably considers that continuing to publish it may breach a Compliance Obligation, and may terminate under clause 13.

8. Copyright and Intellectual Property

On full payment of the relevant invoice, copyright and intellectual property rights in Deliverables created by Copyburst for the Client transfer to the Client, subject to the Website Handover provisions below.
Copyburst retains ownership of its underlying tools, templates, content frameworks, article layouts, design systems, prompts, code and methodologies used in delivering the services. These remain Copyburst's property and may be reused in other projects.
Copyburst warrants that it has secured the necessary assignments or licences from its employees and contractors to enable the transfer of rights under this clause.
Deliverables may not be resold, sub-licensed, or redistributed to third parties without Copyburst's written consent. This does not restrict the Client's use of Deliverables in its own business.
Deliverables may incorporate third-party materials, including stock imagery, fonts, plugins and platform components, which remain subject to their own licence terms. The transfer under this clause does not extend to those materials.
On transfer, the Client assumes responsibility for the ongoing accuracy, currency and compliance of the Deliverable, including after termination of this Agreement.

8a. Website Handover

If Copyburst builds a website on a Copyburst-controlled account and the engagement is terminated, Copyburst will, on written request made within 60 days of termination, export and supply the website content in HTML format.
Copyburst does not provide hosting, CMS access, or administrative logins to Copyburst-controlled accounts.
Where the website is built on an account owned by the Client, this clause does not apply and the Client retains access.
Copyburst will confirm in writing at the outset of any website project which party owns the platform account.
If the Client does not request the export within 60 days, Copyburst may delete its stored copy. Copyburst will give the Client written notice before deleting.
Copyburst will not resell a completed Client website, but may reuse generic design layouts, design elements, code, frameworks and non-client-specific content developed internally.
Copyburst is not responsible for website migration, third-party integration, technical issues, or data loss occurring after the files are supplied to the Client.

9. Portfolio, Marketing and Publicity

Copyburst may display Deliverables and name the Client in its portfolio, website, case studies and marketing materials. The Client may withdraw this permission at any time by written notice, and Copyburst will remove the material within a reasonable period.

Client data will not be sold or shared with third parties without consent, except where required by law.

9a. Service Areas and Client Allocation

Where Copyburst and the Client discuss a target suburb, postcode, region or service area, Copyburst will use reasonable endeavours to allocate work and target geography in a way that limits direct overlap between clients competing in the same industry category and the same primary area.

Any such allocation is an operational practice only. It is not a grant of exclusivity, a territory licence, or a promise that Copyburst will not act for any other business in or near the Client's area, and no such promise should be inferred from any discussion, proposal, marketing material or prior dealing unless it is expressly stated as a binding exclusivity term in a signed written agreement.
Overlap between clients is expected and unavoidable. Service areas are not discrete, businesses market beyond their nominated suburbs, and search and AI answer engine results are determined by third parties. Copyburst cannot control where any business appears in those results.
Copyburst reserves the right to accept and act for any number of clients in any suburb, postcode, region or industry category, at its sole discretion and without notice to the Client.
Copyburst does not guarantee market share, ranking position, visibility, share of voice, enquiry volume, or the absence of competition, whether from other Copyburst clients or from businesses Copyburst does not act for.
The Client acknowledges it has not entered into this Agreement in reliance on any representation as to exclusivity, territory or freedom from competition, other than a binding exclusivity term expressly recorded in a signed written agreement between the parties.
Where a binding exclusivity term is expressly agreed in writing, it applies only as recorded, only while the Client's account remains current, and ends on termination of this Agreement.

9b. Email Marketing and Direct Communications

This clause applies where Copyburst sends, schedules or manages email or SMS marketing on the Client's behalf.

The Client warrants that all contacts supplied to Copyburst were obtained lawfully, that the Client holds valid consent to send commercial electronic messages to each contact, and that consent records are maintained by the Client.
The Client is responsible for compliance with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Do Not Call Register Act 2006 (Cth) in respect of its lists and its offers.
Copyburst will include functional unsubscribe and sender identification in campaigns it sends, and will action unsubscribe requests it receives. The Client must ensure suppression and unsubscribe data is honoured across all of its own systems.
The Client indemnifies Copyburst against penalties, claims and reasonable costs arising from a breach of this clause by the Client, except to the extent caused by Copyburst's negligence.

10. Confidentiality and Privacy

Both parties agree to keep confidential all business information shared during the engagement, and to continue to do so after termination.
Copyburst may collect and store Client information via analytics tools, research tools, CRM systems, cloud storage and third-party platforms, in accordance with its Privacy Policy and the Privacy Act 1988 (Cth).
Copyburst will take reasonable steps to protect Client information and credentials in its possession.
Copyburst is not liable for breaches, hacks or data loss occurring within third-party platforms, except to the extent caused by Copyburst's own negligence.

10a. Records

Copyburst will retain records of Deliverables supplied, the date of supply, and any written approval, instruction or notification given by the Client, for a period of not less than 7 years, and will make those records available to the Client on reasonable written request. The Client is responsible for maintaining its own advertising and approval records to the standard required by its Compliance Obligations.

11. Third-Party Platforms

Copyburst is not liable for:

suspension, penalties, or account bans imposed by third-party platforms (including Google, Meta and CMS providers), except where caused by Copyburst's negligence or breach of platform policy;
changes in algorithms, platform policies, or third-party software performance; or
outages, data breaches or failures of third-party tools.

12. Results and Guarantees

Copyburst will perform the services with due care and skill.

Copyburst does not guarantee search rankings, traffic, leads, conversions, revenue, or any other specific result. Search and AI answer engine results are determined by third parties and are outside Copyburst's control.
Forecasts, projections and estimates are indicative only and are not representations of expected results.

Nothing in this clause excludes the consumer guarantees under the Australian Consumer Law.

12a. Website Performance, Lead Capture and Tracking

This clause applies where Copyburst builds, manages, maintains or optimises a Client website or landing page.

Website performance. Copyburst will build and maintain websites with due care and skill and in accordance with the agreed scope. Copyburst does not warrant that any website will achieve a particular conversion rate, enquiry volume, page speed score, Core Web Vitals result, accessibility rating, or search visibility outcome.
Platforms and browsers. Websites are built on third-party platforms. Copyburst does not warrant uninterrupted or error-free operation, or identical appearance and behaviour across every browser, device, operating system or screen size. Copyburst is not liable for defects, outages, updates, deprecations or policy changes originating with the platform, host, theme, plugin or third-party integration.
Lead capture. The Client is responsible for monitoring its own enquiry channels and for notifying Copyburst promptly if forms, calls, notification emails or bookings appear not to be working. Copyburst will investigate and rectify reported faults within its control within a reasonable time. Copyburst is not liable for lost enquiries, lost leads or lost revenue arising from form failure, email deliverability or spam filtering, telephone or call-tracking faults, integration or CRM failure, or platform outage, except to the extent caused by Copyburst's negligence and reported to Copyburst in accordance with this clause.
Tracking and reporting. Analytics, rank tracking, call tracking, advertising platform and AI answer engine data are supplied by third parties. Figures are indicative, may vary between sources, may be affected by consent settings, ad blockers, bot filtering, sampling, attribution models and platform changes, and may be restated by the provider. Copyburst does not warrant the accuracy or completeness of third-party data and reports are provided for guidance only.
Client-side conversion factors. The Client acknowledges that enquiry-to-customer conversion depends on matters within the Client's control, including the Client's pricing, offer, availability, speed and manner of responding to enquiries, sales process, staffing, reputation and reviews. Copyburst is not responsible for outcomes affected by those matters.
Client changes. Copyburst is not liable for loss arising from changes made to a website, its content, its structure or its tracking by the Client or any third party engaged by the Client, or from the Client's failure to implement Copyburst's written recommendations.
Maintenance and updates. Unless expressly included in the agreed scope, Copyburst does not provide website monitoring, uptime guarantees, security patching, backup services or 24/7 support.

Nothing in this clause excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law, including the guarantee that services will be rendered with due care and skill.

13. Term, Termination and Refunds

Either party may terminate this Agreement by giving 30 days' written notice. Where services are billed weekly, either party may instead terminate by giving 14 days' written notice.
The Client must pay for services delivered up to the termination date.
Where the Client has pre-paid for services that have not been delivered as at the termination date, Copyburst will refund the pre-paid amount for the undelivered portion on a pro-rata basis within 14 days of termination. Copyburst may deduct the value of work already performed in the current billing period and any costs committed to third parties on the Client's behalf.
Either party may terminate immediately by written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice, or becomes insolvent.
Copyburst may terminate immediately without a remedy period where the Client's conduct is unlawful, where the Client instructs Copyburst to produce or publish material Copyburst reasonably considers to be misleading, deceptive or in breach of a Compliance Obligation, where a Regulated Client ceases to hold a current licence or authorisation, or where continuing would expose Copyburst to legal or regulatory risk.
On termination, the Client remains responsible for all content published on its platforms, including content produced by Copyburst, and for its ongoing accuracy, currency and compliance.

14. Non-Solicitation

During the term and for the Restraint Period after termination, the Client agrees not to directly employ or engage any Copyburst employee or contractor who was involved in delivering services to the Client, without Copyburst's written consent.

The Restraint Period means each of the following periods separately: (a) 12 months; (b) 9 months; (c) 6 months; (d) 3 months. Each period is a separate and independent obligation. If any period is held to be unreasonable or unenforceable, that period is severed and the next shorter period applies, so that the longest enforceable period has effect.

This clause does not prevent the Client from responding to a general public job advertisement, or from engaging a person who approaches the Client independently.

15. Claims and Notification

If the Client becomes aware of any circumstance that may give rise to a claim against Copyburst, the Client must notify Copyburst in writing as soon as reasonably practicable, and in any event within 30 days of becoming aware of it.

The notice must set out the nature of the circumstance, the loss claimed or anticipated, and any relevant supporting material.

The Client must not settle, admit liability for, or compromise any third-party claim that may involve Copyburst without Copyburst's prior written consent.

The Client must give Copyburst a reasonable opportunity to investigate and, where practicable, remedy the matter before commencing proceedings.

Failure to comply with this clause does not extinguish the Client's rights, but the Client may not recover loss that could have been avoided had notice been given in accordance with this clause.

16. Indemnity

The Client indemnifies Copyburst, its employees and contractors against claims, damages, penalties, fines, infringement notices, and reasonable expenses (including reasonable legal and investigation costs) arising from:

content, images, data, claims, rates, product information or materials provided, instructed or approved by the Client;
the Client's publication or distribution of content, including content the Client is taken to have approved under clause 7a;
any breach by the Client of a Compliance Obligation, or any action, investigation, direction or enforcement step by a Regulator or external dispute resolution scheme in respect of the Client's business or its advertising;
the Client's failure to hold, maintain or comply with any licence, registration or authorisation; or
the Client's breach of this Agreement or of any law or industry regulation applicable to the Client's business.

This indemnity does not apply to the extent the claim arises from Copyburst's negligence, wilful misconduct, or breach of this Agreement, or to the extent the loss could reasonably have been mitigated by Copyburst.

The Client's liability under this indemnity is limited to loss that is a reasonably foreseeable consequence of the matter indemnified, and does not extend to indirect or consequential loss.

17. Limitation of Liability

To the maximum extent permitted by law:

Copyburst's total aggregate liability for all claims arising under or in connection with this Agreement (whether in contract, tort, statute 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 is not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, goodwill, data or opportunity, however caused.
Copyburst is not liable for any fine, penalty, infringement notice, licence condition, remediation cost, external dispute resolution determination or enforcement outcome imposed on the Client by a Regulator, except to the extent it arises from Copyburst's negligence, wilful misconduct or breach of this Agreement.
Copyburst's liability is reduced to the extent the loss was caused or contributed to by the Client, including by the Client's approval or publication of a Deliverable, its failure to review or notify under clause 7a, its failure to notify Copyburst of a compliance requirement under clause 7b, or its provision of inaccurate or out-of-date information.

Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred on the Client by the Australian Consumer Law or any other law that cannot lawfully be excluded. Where Copyburst is entitled to limit its liability for a breach of a consumer guarantee, its liability is limited to resupplying the services or paying the cost of having them resupplied.

18. Professional Disclaimers

Copyburst does not provide legal, financial, credit, tax, medical or other professional advice, and nothing Copyburst supplies should be relied on as such.

Copyburst is not a licensee, credit representative, authorised representative, legal practitioner, registered tax agent or licensed adviser, and does not act as one. Copyburst does not provide credit assistance, financial product advice, legal advice or tax agent services, and does not deal in or arrange any credit or financial product.

Where Copyburst produces content that describes credit products, financial products, legal processes, taxation matters or property transactions, that content is prepared as general marketing and information material for publication by the Client under the Client's own licence, authorisation and compliance framework. It is supplied to the Client for review and approval, not to any consumer, and Copyburst makes no representation to any third party.

Clients operating in regulated industries are solely responsible for compliance with applicable laws, licensing conditions, industry regulations, regulatory guidance and professional standards, including the content of any material published on their behalf.

19. Force Majeure

Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, industrial action, pandemics, government action, or third-party platform failures. The affected party must notify the other as soon as practicable and use reasonable efforts to mitigate the effect.

20. Governing Law and Disputes

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

Both parties agree to attempt to resolve any dispute through good faith negotiation, and then mediation, before commencing court proceedings. This does not prevent either party from seeking urgent injunctive relief.

The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

21. Variation of Terms

Copyburst may update these Terms from time to time.

Copyburst will give the Client at least 30 days' written notice of any material change.
The updated Terms take effect at the start of the Client's next billing period following that notice.
If the Client does not accept the updated Terms, the Client may terminate under clause 13 without penalty, and the Terms in force before the change will apply until termination takes effect.
Changes do not apply retrospectively to work already performed.

22. General

Entire agreement. This Agreement, together with any Proposal, Invoice or Service Agreement, constitutes the entire agreement between the parties and supersedes prior negotiations and representations. This clause does not exclude liability for any misleading or deceptive conduct.
Severability. If any provision is found to be unenforceable, it is severed and the remaining provisions continue in full force.
Notices. Notices must be in writing and may be given by email to the address each party last notified in writing. A notice sent by email is deemed received on the next business day after sending, unless the sender receives an automated delivery failure notification. Each party must keep its notice address current.
Assignment. Neither party may assign this Agreement without the other's written consent, which must not be unreasonably withheld.
Survival. Clauses 1a, 5, 6, 7, 7a, 7b, 8, 9b, 10, 10a, 12, 12a, 14, 15, 16, 17, 18, 20 and 22 survive termination.