Terms and conditions

1. Services

Hamilton Roder provides a range of digital marketing services including but not limited to website design and development, search engine marketing (SEM), social media advertising, email marketing, SMS marketing, content creation, branding and logo design, influencer marketing, generative engine optimisation (GEO), domain services, website hosting and analytics and performance reporting. 

The specific services to be provided, together with deliverables, timelines, fees and payment terms, will be outlined in a separate Service Agreement, Proposal or Statement of Work provided to you prior to commencement. These Terms and Conditions apply in conjunction with any such agreement. 

2. Engagement and Acceptance

An engagement between Hamilton Roder and a client is formed when: 

A signed Service Agreement, Proposal or Statement of Work is received from the client, or a written confirmation of engagement is received via email, or a deposit payment is received in accordance with the agreed payment terms. 

By proceeding with an engagement, you confirm that you have read, understood and agree to these Terms and Conditions in full. 

3. Fees and Payment

Fees
All fees for services will be outlined in your Service Agreement or Proposal. Hamilton Roder reserves the right to review and update its fee schedule from time to time. Any changes to fees for existing clients will be communicated in writing with a minimum of 30 days notice. 

Invoicing
Invoices will be issued in accordance with the payment schedule outlined in your Service Agreement. Unless otherwise agreed, invoices are payable within 14 days of the invoice date. 

Late Payment
Hamilton Roder reserves the right to charge interest on overdue invoices at a rate of 1.5% per month on the outstanding balance. In the event of non-payment, Hamilton Roder reserves the right to suspend or terminate services, withhold deliverables and pursue recovery of outstanding amounts through appropriate legal channels. 

Third-Party Advertising Spend
Where Hamilton Roder manages paid advertising campaigns on your behalf, advertising spend payable to third-party platforms such as Google and Meta is separate from and in addition to Hamilton Roder’s management fees. You are responsible for funding your advertising accounts directly or as otherwise agreed in writing. 

GST
All fees are quoted exclusive of GST unless otherwise stated. GST will be added to all invoices in accordance with Australian taxation requirements. 

4. Client Responsibilities

To enable Hamilton Roder to deliver services effectively, you agree to: 

Provide accurate, complete and timely information, materials, access and approvals as reasonably required. Grant Hamilton Roder access to relevant digital platforms, accounts and assets necessary for service delivery, including Google Ads accounts, Meta Business Manager, website backends and email platforms. Review and provide feedback on deliverables within agreed timeframes. Ensure that all content, materials and information provided to Hamilton Roder does not infringe the intellectual property rights of any third party. Maintain adequate funding in any third-party advertising accounts managed by Hamilton Roder on your behalf. Notify Hamilton Roder promptly of any changes to your business, products, services or target audience that may affect the services being delivered. 

Delays caused by the client’s failure to meet these responsibilities may affect timelines and deliverables, and Hamilton Roder accepts no liability for delays arising from such circumstances. 

5. Intellectual Property

Hamilton Roder’s Intellectual Property
All intellectual property developed by Hamilton Roder prior to or independently of your engagement – including methodologies, processes, tools, templates and know-how – remains the sole property of Hamilton Roder. 

Client Deliverables
Upon receipt of full payment for services, Hamilton Roder assigns to you ownership of the final creative deliverables specifically produced for your engagement – including website designs, logo files, campaign creative and written content – except where third-party licensed assets, fonts or software are incorporated, in which case the relevant third-party licence terms apply. 

Client Materials
You warrant that any materials, content, images, trademarks or other assets provided to Hamilton Roder for use in delivering your services are owned by you or that you have the right to use them, and that their use by Hamilton Roder in delivering your services will not infringe the rights of any third party. 

Portfolio Rights
Unless otherwise agreed in writing, Hamilton Roder reserves the right to include work completed for your engagement in our portfolio, case studies and promotional materials. 

6. Confidentiality

Both parties agree to keep confidential all information that is reasonably understood to be confidential – including business strategies, client data, campaign performance data, pricing and proprietary processes – and not to disclose such information to any third party without the prior written consent of the other party, except where required by law. 

This obligation of confidentiality survives the termination of any engagement between Hamilton Roder and the client. 

7. Advertising Platform Policies

Where Hamilton Roder manages advertising campaigns on third-party platforms including Google, Meta, LinkedIn and TikTok, all campaigns are subject to the advertising policies of those platforms. Hamilton Roder will endeavour to ensure all campaigns comply with applicable platform policies, however we accept no liability for campaign rejection, suspension or removal by third-party platforms due to the nature of your products, services or content. 

You are responsible for ensuring that your products, services and promotional content comply with all applicable Australian laws and regulations, including the Australian Consumer Law, the Therapeutic Goods Advertising Code, and any industry-specific advertising standards relevant to your sector. 

8. Performance and Results

Hamilton Roder will apply professional expertise, industry best practice and reasonable skill and care in the delivery of all services. However, digital marketing outcomes are influenced by many factors outside our control – including platform algorithm changes, market conditions, competitor activity, economic conditions and the quality of your product or service offering. 

Hamilton Roder does not guarantee specific results, rankings, click-through rates, conversion rates, revenue outcomes or return on advertising spend. Any projections or estimates provided are based on reasonable professional judgement and are not contractual commitments. 

9. Term and Termination

Term
Services will be provided for the period outlined in your Service Agreement, which may be project-based or ongoing on a monthly retainer basis.

Termination by Client
You may terminate an ongoing engagement by providing 30 days written notice. Any fees due for services rendered up to the termination date remain payable in full.

Termination by Hamilton Roder
Hamilton Roder reserves the right to terminate an engagement immediately and without liability in the event of non-payment, breach of these Terms and Conditions, conduct that is unlawful, abusive or damaging to Hamilton Roder’s reputation, or circumstances that make continued service delivery impractical or impossible.

Effect of Termination
Upon termination, Hamilton Roder will provide you with reasonable assistance to transition your accounts and assets. All outstanding invoices become immediately payable upon termination.

10. Limitation of Liability

To the maximum extent permitted by Australian law, Hamilton Roder’s total liability to you for any claim arising from or relating to our services – whether in contract, tort, negligence or otherwise – is limited to the total fees paid by you to Hamilton Roder in the three months immediately preceding the event giving rise to the claim.

Hamilton Roder is not liable for any indirect, consequential, incidental, special or punitive damages, including loss of profit, loss of revenue, loss of data, loss of business opportunity or reputational damage, whether or not such damages were foreseeable or Hamilton Roder had been advised of their possibility.

Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

11. Indemnification

You agree to indemnify, defend and hold harmless Hamilton Roder, its directors, employees and contractors from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising from or relating to your breach of these Terms and Conditions, your use of our services in a manner not authorised by these terms, any content or materials you provide to Hamilton Roder that infringes the rights of a third party, or your failure to comply with applicable laws and regulations.

12. Privacy

Hamilton Roder handles all personal information in accordance with our Privacy Policy, which is available on our website and forms part of these Terms and Conditions. By engaging our services, you consent to the collection and use of your information as described in our Privacy Policy.

13. Website Use

Accuracy of Information
Hamilton Roder endeavours to ensure that all information on our website is accurate and up to date, however we make no warranty as to the accuracy, completeness or currency of any content on our website. Content is provided for general informational purposes only and does not constitute professional advice.

Website Availability
Hamilton Roder does not warrant that our website will be available at all times, free from errors, viruses or other harmful components. We reserve the right to modify, suspend or discontinue any aspect of our website at any time without notice.

External Links
Our website may contain links to third-party websites. These links are provided for convenience only. Hamilton Roder does not endorse, control or accept responsibility for the content, privacy practices or availability of any third-party website.

14. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any dispute arising from or relating to these Terms and Conditions or any engagement between the parties.

15. Dispute Resolution

In the event of a dispute arising from or relating to these Terms and Conditions or our services, both parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation before pursuing any other legal remedy.

16. Amendments

Hamilton Roder reserves the right to amend these Terms and Conditions at any time. The current version will always be available on our website. Continued use of our website or services following any amendment constitutes acceptance of the updated terms. We recommend reviewing these Terms and Conditions periodically.

17. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be severed from the remaining terms, which will continue in full force and effect.

18. Entire Agreement

These Terms and Conditions, together with any applicable Service Agreement, Proposal or Statement of Work and our Privacy Policy, constitute the entire agreement between Hamilton Roder and the client with respect to the subject matter herein, and supersede all prior agreements, representations and understandings.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Hamilton Roder Digital Marketing
Email: info@hamiltonroder.com
Address: Sydney, Australia

These Terms and Conditions have been prepared for general use and in accordance with Australian law including the Australian Consumer Law, Privacy Act 1988 (Cth) and relevant New South Wales legislation. Hamilton Roder recommends seeking independent legal advice to ensure these terms fully meet the specific and evolving needs of your business.