Terms & Conditions

1. About These Terms

These Terms and Conditions (“Terms”) apply to the use of the Business Marketing Agency website and, where relevant, services provided by Business Marketing Agency (“BMA”, “we”, “us” or “our”).

Our website is businessmarketingagency.com.au .

By using this website, submitting an enquiry, purchasing a service or engaging BMA, you agree to these Terms together with any proposal, service agreement, statement of work or other written agreement applicable to the services.

If there is an inconsistency between these website Terms and a separately signed client agreement, the signed client agreement will generally take priority for that engagement.

2. Our Services

BMA provides digital marketing and business technology services.

These may include website design and development, search engine optimisation, local SEO, Google Business Profile services, paid advertising, social media marketing, content creation, Shopify and eCommerce services, CRM setup, marketing automation, email and SMS systems, AI tools, AI receptionists, lead-generation systems, consulting, reporting and related services.

The exact scope of any paid engagement will be set out in the relevant proposal, quotation, order, service agreement or other written communication.

3. Proposals and Scope of Work

A proposal or quotation may specify the services, deliverables, fees, estimated timeframes, payment arrangements and any assumptions or exclusions.

Work outside the agreed scope may require additional fees and approval.

Changes requested after work has commenced may affect timelines and costs.

Unless expressly stated otherwise, estimated completion dates are estimates rather than guarantees and may depend on the client's timely provision of information, access, approvals and feedback.

4. Client Responsibilities

Clients are responsible for providing accurate information, content, approvals, account access and other materials reasonably required for BMA to perform the agreed services.

The client is responsible for ensuring it has the right to use any logos, images, trademarks, text, customer information, databases or other materials supplied to BMA.

Delays in providing information, feedback or approvals may result in corresponding delays to delivery.

5. Fees and Payment

Fees will be set out in the applicable proposal, invoice, subscription arrangement or service agreement.

Unless otherwise stated, invoices are payable by the due date shown on the invoice.

Recurring services may be billed weekly, monthly, annually or at another agreed interval.

Third-party charges such as advertising spend, software subscriptions, domain registration, hosting, SMS or telephone usage, application fees and paid media costs may be charged separately unless expressly included.

We may suspend non-essential services where an invoice remains overdue after reasonable notice.

6. Advertising Spend

Advertising budgets paid to platforms such as Google, Meta, TikTok, LinkedIn or other advertising providers are generally separate from BMA's management fees unless specifically stated otherwise.

Clients are responsible for approved advertising spend and platform charges associated with their accounts.

Advertising platforms control their own approval processes, policies, auctions, account restrictions and delivery systems. BMA cannot guarantee that an advertisement, account or campaign will be approved or remain active.

7. No Guarantee of Marketing Results

Marketing performance is influenced by many factors outside BMA's control.

These include competition, market conditions, advertising costs, platform algorithms, search-engine changes, website performance, pricing, offers, sales processes, client response times, product demand, reputation and customer behaviour.

We do not guarantee specific rankings, traffic levels, lead volumes, advertising costs, sales, revenue, return on advertising spend or other commercial results unless a specific written guarantee has been expressly agreed.

We will, however, perform agreed services with reasonable care and skill.

8. Search Engine Optimisation

Search engines determine their own rankings and may change their algorithms, indexing systems and search features at any time.

BMA cannot guarantee a specific Google position, ranking duration or indexing timeframe.

SEO work is intended to improve relevant signals, content, technical foundations, visibility and overall search performance over time.

9. Websites and Digital Platforms

Websites and systems may rely on third-party platforms, plugins, APIs, integrations, hosting services and software.

Examples include WordPress, Shopify, GoHighLevel, Google, Meta and other external services.

BMA is not responsible for outages, policy changes, platform restrictions, discontinued features, security incidents or technical failures caused solely by third-party providers outside our reasonable control.

Where practical, we will assist clients in identifying and resolving issues relating to systems we manage.

10. CRM, Automation and AI Services

CRM, automation and AI systems may use third-party technology and may occasionally produce errors, misunderstand information, fail to trigger correctly or require human review.

Clients remain responsible for determining how automated communications, AI-generated outputs and AI-assisted conversations are used within their business.

AI systems should not be relied upon as a substitute for professional legal, financial, medical or other regulated professional advice.

Where an AI Receptionist or automation is used, the client is responsible for ensuring that its use is appropriate for the client's industry and legal obligations.

11. Email and SMS Communications

Clients using systems configured by BMA for email or SMS communications are responsible for ensuring their contact lists, consent processes and communications comply with applicable laws.

Australian commercial electronic messaging is regulated by the Spam Act 2003 (Cth).

BMA may provide technical tools for consent capture, unsubscribe management and automated messaging, but the client remains responsible for the lawful use of those systems.

12. Intellectual Property

Unless otherwise agreed in writing, each party retains ownership of intellectual property it owned before the engagement.

Once all applicable fees have been paid, the client may use final deliverables created specifically for the client in accordance with the agreed scope.

BMA retains ownership of its underlying methods, templates, frameworks, reusable code, systems, processes, know-how and pre-existing intellectual property.

Third-party software, fonts, images, plugins, templates and licensed assets remain subject to their respective licences.

13. Portfolio and Marketing Use

Unless a client has asked us in writing not to do so, BMA may identify completed public work in its portfolio, case studies or marketing materials.

We will not intentionally disclose confidential information when doing so.

14. Confidentiality

Each party should treat confidential information received from the other party as confidential and use it only for the purpose for which it was provided.

This obligation does not apply to information that is already public through no breach of confidence, was already lawfully known, is independently developed, or must be disclosed by law.

15. Account Access and Security

Clients are responsible for maintaining appropriate security over their own systems and credentials.

Where credentials are provided to BMA, we will take reasonable steps to protect them and use them only as reasonably required to provide services.

We strongly recommend using appropriate password controls and multi-factor authentication where available.

16. Third-Party Services

Our website and services may integrate with or link to services operated by third parties.

Third-party services are subject to their own terms, privacy policies, pricing and operating conditions.

BMA is not responsible for changes made by a third-party provider that are outside our reasonable control.

17. Cancellation of Ongoing Services

Cancellation terms for retainers, subscriptions or ongoing services may be specified in the relevant service agreement or proposal.

Where no separate cancellation provision exists, either party may request cancellation by written notice.

Fees already incurred for work completed, committed third-party costs or services already supplied remain payable.

18. Refunds and Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Where Australian Consumer Law entitles a customer to a remedy, BMA will provide the remedy required by law.

A change of mind does not automatically create a right to a refund unless otherwise agreed or required by law.

19. Limitation of Liability

To the maximum extent permitted by law, BMA will not be liable for indirect, incidental, special or consequential losses arising from circumstances outside our reasonable control.

Where liability cannot lawfully be excluded, any limitation in these Terms applies only to the extent permitted by law.

Nothing in these Terms is intended to exclude rights or remedies that cannot be excluded under Australian law.

20. Website Information

Content on the BMA website is provided for general information and educational purposes.

Marketing guides, blog posts, website tools, assessments and other resources are not intended to constitute legal, accounting, financial or other regulated professional advice.

Users should obtain appropriate professional advice where necessary.

21. Free Tools and Assessments

Free tools, website checks, Google visibility checks, Shopify scans, calculators, assessments and similar resources provide indicative information based on the data available at the time.

Results may rely on automated systems, third-party APIs or publicly available information and may not identify every issue affecting a business.

These tools should be treated as a starting point rather than a comprehensive professional audit.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, business practices, technology or legal obligations.

The current version will be published on this website and will show the date it was last updated.

Changes to these website Terms will not retrospectively alter separately agreed contractual terms unless permitted by the relevant agreement or required by law.

23. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Subject to any rights that cannot be excluded under applicable law, the parties submit to the courts and tribunals having jurisdiction in Victoria.