Terms of Service

Last updated 15 October 2026

These terms apply when you use marketingonweb.com.au, our client reporting dashboard (ads.marketingonweb.com.au) or the services of MarketingOnWeb (“we”, “us”), an Australian digital agency operated by Marketing On Web Pty Ltd in Victoria. Part A applies to everything we do. Part B adds terms for particular services.

Your proposal comes first.The scope, fees, timing and any numbers (such as payment terms, notice periods, revision rounds or support periods) for your work are set out in your written proposal or agreement (“proposal”). If your proposal and these terms differ, your proposal applies, then Part B, then Part A.

Part A: General terms

A1. Using this website

The information on this site is general and is not advice for your particular business. We work to keep it accurate, but services, prices and content can change. Links to other websites are for convenience; we are not responsible for their content.

A2. How we agree work

We usually start with a free Growth Audit, then send a proposal. Work is agreed when you accept the proposal in writing (including by email), sign it or pay the first invoice.

A3. Prices, invoices and payment

• Prices are in Australian dollars and exclude GST, which is added to our invoices. Prices shown as “from” are starting points; your proposal confirms the final price.
• Invoices are payable as set out in your proposal. Our Payment, Billing, Cancellation & Refund Policy explains billing, cancellations and refunds in full.
• If an invoice is overdue, we will tell you in writing and give you a reasonable time to pay before we pause work. We won’t charge fees for late payment unless your proposal sets them out.

A4. Third-party costs

Advertising spend is paid by you directly to the advertising platform (for example Google or Meta). Third-party costs such as software subscriptions, premium tools, plugins, fonts, stock images, domains, hosting and external production are excluded unless your proposal includes them. Where we buy something on your behalf, we’ll get your approval first and pass the cost on as agreed.

A5. Changes to the work

If you’d like something outside the agreed scope, we’ll tell you the cost and timing before doing it, and only go ahead once you agree.

A6. What we need from you

• Accurate information, and timely access, approvals and feedback.
• The logins and permissions needed for the work (for example to your website, hosting, domain, analytics, advertising and social accounts). Please keep your own passwords secure, and use access features that let you remove ours at any time.
• Timelines depend on these. If they arrive late, delivery dates move by a reasonable amount.

A7. Your materials and approvals

• You confirm you have the right to use the text, images, logos, data and other material you give us, and that the facts you give us about your business are true.
• We’ll ask you to approve content, ads and websites before they go live. You are responsible for the claims made about your own products and services, including any rules specific to your industry (for example health, legal or financial advertising rules). We’ll flag anything that looks like a problem, but we don’t give legal advice.

A8. Results

Rankings, traffic, leads and sales depend on things outside our control, including search and advertising platforms’ algorithms and policies, competition, your budget, your prices and your website. We don’t guarantee any particular ranking, position, citation or result, and we won’t promise outcomes we can’t control. We will do the work in your proposal with due care and skill.

A9. Third-party platforms

Many services rely on platforms we don’t control, such as Google, Meta, hosting providers and software vendors. Their terms, policies, pricing, outages, account reviews and suspensions apply to you as their customer. We’ll follow their published policies and help you respond to any issue, but we aren’t responsible for their decisions unless they were caused by our breach of these terms.

A10. Intellectual property

• Unless your proposal says otherwise, once you have paid for the work, you own the website content, designs, ad copy, images and other material we create specifically for you.
• We keep our own know-how, methods, templates, tools and reusable code. Where these are part of your deliverables, you receive a permanent, non-exclusive licence to use them for your business.
• Third-party items (such as fonts, stock images, plugins and open-source software) remain under their own licences, which we’ll tell you about where they matter.
• The content and design of this website belong to us.

A11. Showing our work

We only name you, show your work or publish your results as a case study with your permission.

A12. Confidentiality

We keep your business information, account data and results confidential and use them only to provide our services, unless you agree otherwise or the law requires disclosure. We ask the same of you for our pricing and methods shared in proposals.

A13. Privacy and your customers’ data

• We handle personal information and Google account data as described in our Privacy Policy.
• When we handle your customers’ information (for example in forms, CRMs, email lists or advertising audiences), we do so only on your instructions and for your purposes. You are responsible for collecting it lawfully, having a privacy policy that covers it and having consent where the law requires it, including consent under the Spam Act 2003 for marketing emails and SMS.

A14. AI tools

We may use AI tools to help with research, drafting and analysis. A person reviews the output before it reaches you or goes live, and we don’t knowingly give your confidential information to AI services that use it to train their models.

A15. Subcontractors

We may use trusted subcontractors for parts of the work. They are bound by confidentiality, and we remain responsible for the work they do for you.

A16. Ending the work

• Monthly services run month to month with no lock-in contract. You can cancel by written notice before the next billing period starts, and cancellation takes effect at the end of the current paid period (see our Billing Policy). We can end a monthly service on the same notice.
• Either of us can end the work if the other seriously breaches these terms or the proposal and doesn’t fix it within a reasonable time after written notice.
• When work ends, you pay for work done and costs committed up to the end date. We hand over what you own (files, content, code and account access), remove our access when you ask, and give reasonable help to move your website, hosting, domains and accounts to you or another provider. Larger migration work is quoted first.

A17. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under that law or any other law that cannot be excluded.

A18. Limitation of liability

To the extent the law allows, and subject to A17: our liability for a failure to comply with a consumer guarantee for services not ordinarily acquired for personal, domestic or household use is limited to supplying the services again or paying the cost of having them supplied again; and neither of us is liable to the other for indirect or consequential loss, including lost profits or revenue.

A19. Claims about supplied material

Each of us is responsible for third-party claims that material we supplied for the work infringes someone else’s rights, except to the extent the other party caused the claim.

A20. Events outside our control

Neither of us is responsible for delay or failure caused by events beyond reasonable control (such as major outages, natural disasters or government action). We’ll tell you promptly and resume as soon as we can.

A21. Resolving problems

If something isn’t right, please tell us first: most issues are fixed quickly. Our Complaints & Dispute Resolution Policysets out how we handle complaints and the timeframes we aim for. If we can’t resolve a matter informally, we may consider mediation or another independent dispute resolution process. Nothing in these terms restricts your statutory rights, your access to regulators or lawful court proceedings.

A22. Changes to these terms

We may update these terms. The new version applies from the “last updated” date to new work; work already agreed continues on the terms that applied when you agreed it unless you accept the change.

A23. General

• We act as an independent business, not as your employee or agent.
• Neither of us may transfer the agreement to someone else without the other’s consent.
• If part of these terms is unenforceable, the rest still applies.
• These terms are governed by the law of Victoria, Australia, and the courts of Victoria have jurisdiction.

Part B: Service terms

B1. Website design and development

• We design, build and test against the scope in your proposal, including the number of revision rounds. Design and content are approved by you before launch.
• We test on current versions of the major browsers and on mobile and desktop. Older browsers and special requirements are supported if your proposal includes them.
• Launch happens after your approval and the payment set out in your proposal. Defects in our work reported within the support period in your proposal are fixed at no charge; new features and content changes are quoted.
• Domains we register for you are registered in your business’s name. You own the website code and content we create for you once it has been paid for.

B2. Hosting, maintenance and security

• Hosting runs on third-party infrastructure (such as Vercel and Cloudflare). Availability depends on those providers, and planned maintenance may briefly interrupt service.
• We apply updates, backups and monitoring as described in your plan. Security measures reduce risk but no one can guarantee a website will never be attacked or breached; we’ll act promptly and tell you if an incident affects you.
• If hosting invoices remain unpaid after written notice and a reasonable time to pay, we may suspend hosting. When a plan ends, we provide your website files and help transfer them.

B3. SEO, local SEO and AI search visibility

• We work within Google’s Search Essentials and spam policies. We don’t use tactics that risk penalties, such as link schemes or hidden content.
• Search and AI results change constantly. We don’t guarantee rankings, positions, traffic or citations in AI answers.
• Your Google Business Profile stays in your ownership; we are added as a manager. We never write fake reviews, buy reviews or ask only happy customers for reviews in breach of Google’s policies or the Australian Consumer Law.

B4. Paid advertising (Google Ads, Meta and others)

• Your advertising accounts and their data remain yours, and the platform bills your payment method directly for ad spend. With your permission we link your Google Ads account to our manager account; you can unlink it at any time in Google Ads (Admin, then Access and security, then Managers), or by asking us.
• We only change budgets within limits you have approved. Our management fee is separate from ad spend.
• Ads are reviewed by each platform under its own policies, and the platform decides whether they run. We don’t guarantee costs per click, costs per lead or return on ad spend.
• Accurate reporting needs conversion tracking on your website, which may need changes to your site or consent settings.

B5. Social media and content

• We share content for your approval before it is published, unless you tell us in writing that some types can go out without approval.
• Replying to comments and messages is your responsibility unless your proposal includes community management.
• Images, music and footage we use are licensed or created for you. Paid partnerships and endorsements are disclosed as the ACCC requires.

B6. CRM, automation and integrations

• Integrations depend on third-party software and APIs, which can change or stop working. We’ll fix issues caused by our work and quote for changes caused by vendors.
• You hold the licences for the software you use. Data moved into a new system is only as accurate as the source data, so please check key records before relying on them.
• Automated emails and SMS must have the consent the Spam Act 2003 requires, and must include a working unsubscribe.

B7. Analytics and reporting

Reports, including those in the client dashboard, use data from platforms such as Google Analytics and Google Ads. Platforms can differ from each other, model or sample data, and change figures after the fact (for example where visitors decline cookies), so reported numbers are good-faith estimates rather than exact counts. Access to the dashboard is personal to you and the people you nominate: each client sees only their own account, and please don’t share your login link.

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