Terms and Conditions of Sunrise Digital Media | Leading Digital Agency Australia
These Terms and Conditions (“Terms”) govern the use of services provided by Sunrise Digital Media (“we”, “our”, “us”), a digital agency based in Victoria, Australia. By engaging Sunrise Digital Media to provide services, you (“you”, “your”, “the client”) agree to be bound by these Terms. ABN: 44 110 294 676
If you do not agree with any part of these Terms, you should not proceed with using our services. These Terms operate in conjunction with our Privacy Policy, which sets out how we collect, use, and protect your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
We reserve the right to update or amend these Terms at any time. Changes will take effect immediately once published on our website. Clients will be notified of material changes in writing.
Services Provided
Sunrise Digital Media is a full-service digital agency offering a range of services including, but not limited to:
Search Engine Optimisation (SEO)
Google Ads and Paid Advertising Campaigns
Social Media Marketing and Management
Content Writing and Copywriting
Email Marketing (via Mailchimp and other tools)
Website Strategy and Consultation
Analytics, Tracking, and Reporting (via Google Analytics 4, Meta Pixel, and related platforms)
Our services are delivered based on a mutually agreed Proposal, Statement of Work, or Service Agreement. Each document outlines the specific deliverables, timelines, and fees applicable to your engagement.
We will use reasonable skill and care in delivering our services. However, we do not guarantee specific outcomes such as search engine rankings, advertising performance, or revenue increases, as these depend on factors beyond our control.
Fees and Payment
1. Service Fees
Fees for services will be outlined in your Proposal or Agreement. They may be structured as:
- Up-front project fees
- Monthly retainers
- Hourly consulting fees
All fees are quoted in Australian dollars (AUD) and are exclusive of GST unless stated otherwise.
2. Payment Methods
- Payments may be made via Stripe, bank transfer, or other methods agreed in writing.
- Recurring payments (e.g., monthly retainers) will be automatically billed on the agreed billing date.
3. Payment Terms
Invoices are payable within 7 days of issue unless otherwise agreed in writing. Late payments may result in:
- Suspension of services, including pausing active campaigns.
- Removal of access to reporting tools or deliverables.
- Interest will be charged on overdue amounts at 2% above the Reserve Bank of Australia’s cash rate.
4. Fee Adjustments
- Sunrise Digital Media reserves the right to adjust fees with 30 days’ written notice. Adjustments may occur due to changes in service scope, third-party costs, or market conditions.
5. Non-Payment
- If payment is not received by the due date, we may suspend or terminate services until full payment is made.
- The client remains liable for any outstanding amounts.
Client Responsibilities
To enable Sunrise Digital Media to deliver services effectively, you agree to:
1. Provide Timely Information
- Supply all necessary materials (such as logos, brand guidelines, copy, images, and access credentials) in the format requested by us.
- Respond to our communications promptly to avoid project delays.
2. Accuracy of Information
- Warrant that all information, content, or materials you provide are accurate, lawful, and do not infringe the intellectual property or rights of any third party.
- Indemnify Sunrise Digital Media against any claims, damages, or costs arising from the use of client-supplied content.
3. Approvals and Feedback
- Provide approvals and feedback in a timely manner. Delays in feedback may extend delivery timelines, and Sunrise Digital Media will not be held responsible for missed deadlines caused by client-side delays.
4. Compliance with Laws
- Ensure that any campaign objectives, content, or data provided comply with applicable laws, including the Australian Consumer Law, Privacy Act 1988 (Cth), and advertising standards.
5. Website Access and Technical Requirements
- Grant us the required access to your website, hosting, CMS, or third-party accounts where services involve integrations, analytics, or advertising management.
- Ensure your systems meet the technical requirements necessary to implement our recommendations.
Intellectual Property
1. Client Content
- You retain full ownership of all content, trademarks, and intellectual property that you provide to Sunrise Digital Media.
- You grant us a non-exclusive, royalty-free licence to use, modify, and reproduce your content solely for the purpose of delivering agreed services.
2. Agency Work
- All strategies, processes, reports, creative concepts, and deliverables created by Sunrise Digital Media remain our intellectual property until full payment is received.
- Upon full payment, you are granted a licence to use the final deliverables for your business purposes.
3. Exclusions
- Proprietary tools, templates, methods, or software developed or used by Sunrise Digital Media during service delivery remain the exclusive property of Sunrise Digital Media and are not transferred to you.
4. Third-Party Materials
- Where we use third-party materials (e.g., stock images, plugins, or licensed tools), intellectual property rights remain with the original owners. These materials are licensed to you under the relevant third-party terms.
5. Portfolio Rights
- Unless otherwise agreed in writing, Sunrise Digital Media reserves the right to showcase completed projects, creative work, or campaigns in our portfolio, website, or marketing materials, provided that confidential client information is not disclosed.
Confidentiality
1. Mutual Obligations
- Both Sunrise Digital Media and the client agree to treat as confidential all non-public information disclosed during the course of the engagement, including but not limited to business plans, marketing strategies, financial details, and proprietary data.
2. Exclusions
Confidentiality obligations do not apply to information that:
- is publicly available at the time of disclosure,
- becomes publicly available through no fault of the receiving party,
- is independently developed without reference to the other party’s confidential information, or
- must be disclosed by law, regulation, or court order.
3. Duration
- The duty of confidentiality continues for the duration of the engagement and for a period of two (2) years after the termination of services.
Privacy and Data
1. Compliance with Law
- Sunrise Digital Media complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and other relevant privacy and data protection laws.
2. Collection and Use of Data
In delivering services, we may collect, process, or have access to personal information, business data, or analytics information, including but not limited to:
- Website activity and usage data (via Google Analytics 4, Google Ads tags, Meta Pixel).
- Contact details provided through enquiries, forms, or email marketing tools (e.g., Mailchimp).
- Payment and invoicing information (via Stripe and Xero).
- CRM data relating to campaigns or service delivery.
3. Purpose of Use
- Data is used strictly for service delivery, campaign management, performance measurement, billing, and compliance with legal obligations.
4. Third-Party Providers
- We may share necessary data with trusted third-party providers such as Google, Meta, Stripe, Xero, and Mailchimp, solely to the extent required for service delivery.
- These providers may process or store data outside of Australia, including in the United States and the European Union. Sunrise Digital Media takes reasonable steps to ensure compliance with APP 8 (Cross-Border Disclosure of Personal Information).
5. Security Measures
- We implement administrative, technical, and physical safeguards to protect data from loss, misuse, unauthorised access, alteration, or disclosure.
- While no system is entirely secure, we actively monitor risks and take reasonable steps to maintain the integrity of personal and business data.
6. Data Breaches
- In the event of a notifiable data breach, Sunrise Digital Media will comply with the Notifiable Data Breaches (NDB) scheme, including notifying affected individuals and the Office of the Australian Information Commissioner (OAIC) where required.
Cancellations and Termination
1. Client-Initiated Cancellation
- You may cancel services at any time by providing written notice to Sunrise Digital Media at contact@sunrisedigitalmedia.com.au.
- If cancellation occurs less than 14 days before the next billing cycle, the next month’s service fee will remain payable in full.
- For project-based services, fees already paid are non-refundable once work has commenced.
2. Agency-Initiated Termination
Sunrise Digital Media reserves the right to suspend or terminate services immediately if:
- you fail to make payment in accordance with Section 3,
- you breach any material term of this Agreement, or
- your conduct (including provision of unlawful content or misuse of services) risks reputational or legal harm.
We may also terminate services for any reason by providing 30 days’ written notice.
3. Refunds
- Except as required under the Australian Consumer Law, we do not provide refunds for services already delivered or initiated.
- Retainer and subscription fees are not refundable on a pro-rata basis.
4. Effect of Termination
- Upon termination, your access to deliverables, reporting tools, or campaign platforms managed by Sunrise Digital may be suspended.
- You remain responsible for any outstanding fees or commitments incurred up to the date of termination.
Liability
1. No Guarantee of Outcomes
- While Sunrise Digital Media will use reasonable skill and care in delivering services, we make no guarantee of specific results such as search engine rankings, traffic increases, or sales conversions. Marketing and digital outcomes depend on factors outside our control.
2. Limitation of Liability
- To the maximum extent permitted by law, Sunrise Digital Media is not liable for any loss, damage, or expense (including loss of revenue, profit, goodwill, data, or business opportunities) arising from the use of our services.
Where liability cannot be excluded under the Australian Consumer Law, our liability is limited to:
- re-supplying the services, or
- paying the cost of having the services supplied again.
3. Indemnity
You agree to indemnify and hold harmless Sunrise Digital, its directors, employees, and contractors from any claim, loss, or liability arising from:
- unlawful or misleading content provided by you,
- breach of intellectual property rights,
- misuse of services, or
- failure to comply with applicable laws.
Force Majeure
Sunrise Digital Media will not be liable for any delay, failure, or interruption in performing its obligations where such failure is caused by circumstances beyond our reasonable control. This includes, but is not limited to: natural disasters, government restrictions, industrial disputes, acts of terrorism, power or internet outages, cyberattacks, or failures of third-party platforms (such as Google, Meta, Stripe, or hosting providers).
Where a force majeure event occurs, we will notify you as soon as reasonably possible and take all reasonable steps to resume services once the event has ended.
Governing Law
The laws of Victoria, Australia, govern these Terms and any dispute arising out of them. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
Entire Agreement
These Terms, together with any Proposal, Statement of Work, or Service Agreement provided to you, constitute the entire agreement between Sunrise Digital Media and the client. They supersede any prior discussions, representations, or understandings, whether oral or written, relating to the services.
No amendment or variation of these Terms will be effective unless agreed to in writing by both parties.
Contact Us
If you have questions about the Terms and Conditions of Sunrise Digital Media, please contact us:
📍 1 Oakley St, Beaumaris VIC 3193, Australia
📞 +61 430 154 106
