LEGAL

Terms & Conditions

Last updated: July 2026  ·  Linkd Marketing AU  ·  ABN: 77 835 454 086

CONTENTS

1. Definitions

"Linkd Marketing"Linkd Marketing AU (ABN: 77 835 454 086)
"Client"The individual or business entity purchasing services or products
"Services"Digital marketing, website design, automation, reputation management, and related services
"Products"Physical NFC review stands and stickers sold by Linkd Marketing
"Agreement"The accepted quote, invoice, or written agreement between both parties
"Linkd Dashboard"The client-facing software platform provided by Linkd Marketing

2. Acceptance of Terms

By engaging Linkd Marketing, the Client agrees to be bound by these Terms and Conditions in full. These terms apply to all services, products, and ongoing retainers.

Acceptance is deemed to occur when the Client:

  • Confirms engagement via email or written communication
  • Signs or approves a quote, proposal, or contract
  • Makes full or partial payment for any service or product
  • Submits an enquiry or onboarding form and proceeds with services
  • Provides brand assets, login credentials, or content for the purpose of commencing work
  • Accesses or uses the Linkd Dashboard or any platform provided by Linkd Marketing
  • Continues to use services after receiving notice of updated Terms
  • Places an order for any physical product supplied by Linkd Marketing

If you do not agree to these Terms, you must not engage our services or purchase our products. Continued engagement constitutes ongoing acceptance.

3. Services

3.1 Scope of Work

All services are delivered as described in the agreed quote or proposal. Any work outside the agreed scope - additional pages, design revisions beyond included rounds, new automations - will be quoted separately and invoiced accordingly.

3.2 Revisions

Website projects include 2 rounds of revisions unless otherwise stated. Additional revisions are billed at the standard hourly rate. Revisions must be submitted in writing in a single consolidated list per round.

3.3 Client Responsibilities

The Client agrees to provide all required content (copy, images, brand assets, login credentials) within 7 business days of project commencement, and to respond to requests for feedback or approval within 5 business days. Delays caused by the Client may result in revised delivery timelines.

3.4 Third-Party Platforms

Some services operate through third-party platforms including Google and Meta. Linkd Marketing is not liable for outages, policy changes, or platform decisions outside our control.

3.5 Platform Access

Where the Client is granted access to the Linkd Dashboard, access is restricted to the features outlined in the service agreement. Clients may not access, modify, or reverse-engineer backend automations, workflows, or system configurations. Access may be revoked immediately upon termination of services.

3.6 Usage Limits

All services are provided subject to the usage limits set out in the applicable service agreement or product description, including but not limited to contact list size, message or campaign volume, included support hours, storage, and platform usage. Where the Client's use of a service exceeds these limits, Linkd Marketing may charge additional fees at its then-current standard rates. Where reasonably practicable, Linkd Marketing will notify the Client before additional charges are applied.

4. Website Design & Development

4.1 Project Kickoff

Projects commence upon receipt of the setup/deposit payment and return of the client onboarding form.

4.2 Go-Live

The Client is responsible for approving the final website before go-live. Once approved, the website is considered delivered and accepted.

4.3 Domain Registration

Domain registration and renewal are the sole responsibility of the Client. Linkd Marketing can assist with domain setup or transfers upon request but does not own, register, or manage the Client's domain name unless explicitly agreed in writing. The Client is solely responsible for renewing their domain and ensuring it does not lapse.

4.4 Hosting

Website hosting is included as part of the Client's active monthly maintenance fee. Hosting will remain active for the duration of the maintenance agreement. If the maintenance fee is cancelled or lapses, hosting is no longer guaranteed and the website may be taken offline. Linkd Marketing will provide 14 days written notice before any hosting suspension.

4.5 Monthly Maintenance Fee

The monthly maintenance fee covers website hosting, minor content changes (text updates, image swaps, small layout adjustments), and general troubleshooting of issues arising from normal website use. It does not include new page builds, redesigns, additional functionality, or third-party integration work - these are quoted separately. Linkd Marketing will use reasonable endeavours to complete minor change requests within 3-5 business days of receipt.

4.6 Post-Launch Support

Minor bug fixes within 14 days of launch are included at no cost. New features, design changes, or content updates post-launch are covered under the monthly maintenance fee or billed separately if outside scope.

4.7 Attribution Watermark

All websites designed and built by Linkd Marketing will include a small "Powered by Linkd Marketing" attribution in the website footer by default. This serves as credit for our work and may link to our website. The Client acknowledges and accepts this as a standard condition of the website service. If the Client wishes to have the attribution removed, this must be requested in writing prior to the website going live and may be subject to an additional fee. Linkd Marketing reserves the right to decline removal requests at its discretion.

5. Monthly Retainer Services

5.1 Billing

Monthly services are billed in advance on the anniversary date of the agreement, or as specified on the invoice. Services begin upon receipt of the first payment.

5.2 Cancellation

A minimum of 30 days written notice is required to cancel any monthly service. Cancellation takes effect at the end of the current billing cycle - no partial-month refunds. Notice must be submitted in writing to hello@linkdmarketing.com.au. Clients on a fixed-term Annual Partnership Agreement must provide at least 60 days written notice of non-renewal before the end of their 12-month term. Early cancellation of an Annual Partnership Agreement is subject to exit fees as specified in the signed agreement.

5.3 Suspension

Linkd Marketing reserves the right to suspend services if an invoice remains unpaid for more than 14 days past the due date. Services will be reinstated upon full payment of outstanding amounts.

5.4 Price Changes

Linkd Marketing may update monthly pricing with 30 days written notice. Continued use of services after the notice period constitutes acceptance of the new pricing. Clients on a fixed-term Annual Partnership Agreement are exempt from price changes for the duration of their 12-month term - the agreed annual fee is price-locked until renewal.

6. NFC Products

6.1 Orders

Product orders are confirmed upon full payment. Items are dispatched within 2-5 business days of payment clearing.

6.2 Shipping

Shipping is via standard Australia Post or equivalent. Linkd Marketing is not liable for delays, loss, or damage caused by the carrier. Tracked shipping is available on request.

6.3 Returns & Exchanges

Products are non-refundable once dispatched. Defective or incorrectly supplied items may be exchanged within 14 days of receipt - contact hello@linkdmarketing.com.au with photos of the issue. Custom or programmed NFC products cannot be returned once delivered.

6.4 Door-to-Door Sales

Linkd Marketing representatives may sell NFC products directly at the Client's place of business. The following terms apply to all door-to-door and in-person sales:

  • The Client will be provided with a written receipt or invoice at the time of sale
  • A 10 business day cooling-off period applies to unsolicited sales in accordance with the Australian Consumer Law (ACL). The Client may cancel the agreement within this period by notifying Linkd Marketing in writing at hello@linkdmarketing.com.au
  • No payment will be collected during the cooling-off period for unsolicited agreements valued over $100, unless the Client expressly requests immediate supply
  • If the Client cancels within the cooling-off period, any payment made will be refunded in full within 5 business days
  • Our representatives will clearly identify themselves as acting on behalf of Linkd Marketing AU and state the purpose of the visit before any sales discussion
  • The Client has the right to ask our representative to leave at any time - we will always respect this request immediately
6.5 Australian Consumer Law

Nothing in these Terms limits any right the Client may have under the Australian Consumer Law. Our products come with guarantees that cannot be excluded under the ACL.

7. Payment Terms

7.1 Due Date

All invoices are due within 7 business days of the invoice date unless otherwise agreed in writing.

7.2 Payment Methods & Processors

Linkd Marketing accepts payment via the following methods:

  • Bank transfer - details provided on invoice
  • Square - used for one-time payments including product purchases, setup fees, and project invoices. Card payments processed securely via Square are subject to Square's terms of service
  • Stripe - used for recurring subscription payments (monthly retainers, automation, review management, and other ongoing services). By authorising a Stripe subscription, the Client consents to automatic recurring charges on the agreed billing date each month until cancelled in accordance with clause 5.2

Linkd Marketing does not store card details directly. All payment data is handled by Square and Stripe in accordance with their respective PCI-DSS compliant security standards.

7.3 Late Payment

Invoices not paid by the due date will incur a fixed late payment fee of 15% of the outstanding invoice amount, plus interest accruing at 0.5% per month (6% per annum) calculated daily on the outstanding balance from the due date until payment is received in full. Both the fixed fee and accruing interest apply automatically without further notice.

7.4 Withholding Payment

The Client may not withhold payment for services already delivered. Disputes must be raised in writing within 5 business days of receiving the invoice.

7.5 Debt Recovery

Linkd Marketing reserves the right to engage a third-party debt collection agency for invoices unpaid beyond 60 days. All associated recovery costs will be passed to the Client.

8. Intellectual Property

8.1 Client Ownership

Upon receipt of full payment, the Client owns all custom deliverables created specifically for their business - website design, copy, graphics.

8.2 Linkd Marketing Rights

Linkd Marketing retains the right to display work in its portfolio and use aggregated results for marketing purposes. Client names and identifying details will be anonymised upon written request.

8.3 Third-Party Assets

The Client is responsible for ensuring any content, images, or materials they supply are either owned or properly licensed. Linkd Marketing accepts no liability for IP infringement arising from Client-supplied materials.

8.4 Platform & Automation IP

All automation workflows, system architecture, and backend configurations built by Linkd Marketing remain the intellectual property of Linkd Marketing unless explicitly transferred in writing.

9. Confidentiality

Both parties agree to keep confidential any proprietary information, pricing, systems, or strategies disclosed during the engagement. Neither party will disclose the other's confidential information to any third party without written consent, except as required by law.

10. Liability & Warranties

10.1 Service Warranty

Linkd Marketing warrants that services will be performed with reasonable care and skill. We do not guarantee specific outcomes such as search ranking positions, lead volumes, or review counts, as these depend on factors outside our control.

10.2 Limitation of Liability

To the fullest extent permitted by Australian law, Linkd Marketing's total liability to the Client for any claim arising from services or products shall not exceed the total amount paid by the Client in the 3 months prior to the claim. Where the Client has entered into a signed Annual Partnership Agreement specifying a different liability cap, the terms of that signed agreement govern.

10.3 Exclusions

Linkd Marketing is not liable for:

  • Loss of revenue, profit, or business opportunity
  • Indirect, consequential, or incidental damages
  • Downtime or data loss caused by third-party platforms
  • Results dependent on Google, Meta, or other external platforms

11. Termination

11.1 By Client

The Client may terminate monthly services with 30 days written notice. All outstanding invoices become immediately payable upon termination. Clients on a fixed-term Annual Partnership Agreement who cancel before the end of their 12-month term are subject to the early cancellation fees specified in the signed agreement - these fees represent a genuine pre-estimate of loss, not a penalty.

11.2 By Linkd Marketing

Linkd Marketing may terminate services immediately and without notice if the Client:

  • Fails to pay an invoice within 30 days of the due date
  • Breaches these Terms and fails to remedy within 7 days of written notice
  • Acts in a way that is abusive, threatening, or unlawful
11.3 Effect of Termination

Upon termination, the Client's access to the Linkd Dashboard will be revoked. Linkd Marketing will provide all deliverables completed and paid for up to the termination date.

12. Dispute Resolution

12.1 Good Faith

Both parties agree to attempt to resolve disputes through good-faith negotiation before pursuing formal action. Disputes must be raised in writing within 30 days of the issue arising.

12.2 Mediation

If negotiation fails, either party may request mediation through a mutually agreed mediator.

12.3 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any legal proceedings will be conducted in the courts of Victoria.

13. General

13.1 Entire Agreement

These Terms, together with the accepted quote or proposal, constitute the entire agreement between the parties.

13.2 Amendments

Linkd Marketing may update these Terms from time to time. Continued engagement after notification of changes constitutes acceptance.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

13.4 Privacy

Linkd Marketing handles personal information in accordance with the Privacy Act 1988 (Cth). Client data is used only to deliver services and will not be sold or shared with third parties.

14. Right to Refuse Service

14.1 Absolute Right

Linkd Marketing reserves the absolute right to refuse, decline, or discontinue service to any individual or business at any time, without being required to provide a reason. This right applies to new enquiries, existing clients, and door-to-door sales situations.

14.2 Grounds for Refusal

Without limiting clause 14.1, Linkd Marketing may refuse or withdraw service where the Client or prospective client:

  • Has an outstanding unpaid debt with Linkd Marketing
  • Has previously breached these Terms or any prior agreement
  • Engages in abusive, threatening, or disrespectful conduct toward our team
  • Requests services or content that is unlawful, deceptive, or harmful
  • Operates a business that conflicts with the values or reputation of Linkd Marketing
  • Provides false or misleading information during the engagement process
14.3 No Liability for Refusal

Linkd Marketing will not be liable for any loss, damage, or inconvenience arising from the refusal or withdrawal of services under this clause. Where a refusal occurs after payment has been received and no work has commenced, a full refund will be issued within 5 business days.

15. Business Cessation

15.1 Notice of Cessation

In the event that Linkd Marketing ceases to operate as a business, we will provide a minimum of 30 days written notice to all active clients via their registered email address.

15.2 Service Wind-Down

During the notice period, Linkd Marketing will make reasonable efforts to:

  • Deliver all completed work and outstanding deliverables
  • Transfer website files, login credentials, and relevant assets to the Client
  • Provide access to all Client-owned content stored on Linkd platforms
  • Assist with migrating active automations and services where reasonably possible
15.3 Prepaid Fees

Where a Client has prepaid for services that cannot be delivered due to business cessation, Linkd Marketing will issue a pro-rata refund for the unused portion of any prepaid fees within 14 business days of the cessation notice.

15.4 Outstanding Invoices

Business cessation does not extinguish any outstanding payment obligations owed by the Client. All unpaid invoices remain due and payable in accordance with clause 7.

15.5 Hosting & Domain on Cessation

If Linkd Marketing ceases operations, website hosting provided under the maintenance fee will be maintained for a minimum of 30 days from the cessation notice date. Clients are encouraged to arrange alternative hosting within this period. Linkd Marketing will provide all necessary files to facilitate migration.

16. Taxes & GST

16.1 All Prices Inclusive

All prices, quotes, invoices, and totals issued by Linkd Marketing are inclusive of all applicable taxes, including Goods and Services Tax (GST) where applicable under Australian law. No additional tax will be added on top of the stated amount unless explicitly noted otherwise in writing.

16.2 Tax Invoices

All invoices issued by Linkd Marketing are valid tax invoices for GST purposes. If the Client requires a tax invoice in a specific format for their records, they must notify us at the time of invoicing.

16.3 Client Tax Obligations

The Client is responsible for their own tax obligations. Linkd Marketing does not provide tax advice, and nothing in these Terms constitutes financial or tax advice. The Client should consult their own accountant or tax adviser for guidance.

17. Force Majeure

17.1 Definition

A force majeure event means any event beyond the reasonable control of Linkd Marketing, including but not limited to: natural disasters, floods, fire, storms, pandemics, acts of government, internet or telecommunications outages, third-party platform failures, power outages, or other events that make it impossible or impractical to deliver services.

17.2 Effect

Linkd Marketing will not be in breach of these Terms and will not be liable for any delay or failure to perform obligations where that delay or failure is caused by a force majeure event. We will notify the Client as soon as reasonably practicable and will resume services as quickly as possible once the event has passed.

17.3 Extended Disruption

If a force majeure event continues for more than 30 consecutive days, either party may terminate the agreement by providing 7 days written notice. In such cases, the Client will receive a pro-rata refund for any prepaid services not yet delivered.

18. Non-Solicitation

18.1 Staff and Contractors

During the term of any agreement with Linkd Marketing, and for a period of 12 months following its conclusion, the Client agrees not to directly or indirectly solicit, recruit, engage, or employ any current or former employee, contractor, or team member of Linkd Marketing without prior written consent.

18.2 Breach

In the event of a breach of clause 18.1, the Client agrees to pay Linkd Marketing a fee equivalent to 6 months of the relevant individual's contracted rate as reasonable compensation for the loss of that team member.

19. Social Media Management

19.1 Content Approval

Where Linkd Marketing manages social media accounts on the Client's behalf, all content will be submitted to the Client for approval prior to publication unless a pre-approved content schedule has been agreed in writing. Linkd Marketing will not publish content without either approval or a signed content authority agreement.

19.2 Account Access

The Client grants Linkd Marketing permission to access and manage their nominated social media accounts for the duration of the service. This access will be revoked upon termination of the social media management service.

19.3 Content Ownership

All content created by Linkd Marketing for the Client's social media becomes the Client's property upon full payment. Linkd Marketing retains the right to use content examples in its own portfolio unless the Client requests otherwise in writing.

19.4 Platform Responsibility

Linkd Marketing is not responsible for changes to social media platform algorithms, reach, or engagement rates. Results may vary and are not guaranteed. The Client remains responsible for complying with each platform's terms of service.

20. Data Retention & Deletion

20.1 Retention Period

Linkd Marketing retains Client data, including contact details, project files, invoices, and communication records, for a minimum of 7 years following the end of the engagement in accordance with Australian taxation and record-keeping requirements.

20.2 Deletion Requests

Clients may request deletion of their personal data by contacting hello@linkdmarketing.com.au. Linkd Marketing will action deletion requests within 30 days, except where retention is required by law (e.g. tax records, legal obligations).

20.3 Data Security

Linkd Marketing takes reasonable steps to protect Client data from unauthorised access, disclosure, or loss. In the event of a data breach that is likely to cause serious harm, affected Clients will be notified in accordance with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth).

20.4 Client Data on Termination

Upon termination of services, Linkd Marketing will provide the Client with a copy of their data and project files within 14 business days upon written request. After this handover period, Linkd Marketing may delete active project files from its working systems while retaining records as required by law.

21. Client Account Access

21.1 Access Requirements

Certain services provided by Linkd Marketing require access to the Client's existing accounts and platforms. This may include, but is not limited to: Google Business Profile, Meta Business Manager, website hosting or CMS, email accounts, social media accounts, domain registrars, or review platforms. The Client agrees to provide necessary access credentials or admin permissions upon request to enable delivery of the agreed services.

21.2 Authorised Use

Linkd Marketing will only use Client account access for the purposes of delivering the agreed services. We will not access, modify, or use the Client's accounts for any other purpose without explicit written consent. All access will be conducted by authorised Linkd Marketing team members only.

21.3 Credential Security

The Client is responsible for providing credentials securely. Linkd Marketing recommends sharing access via platform-level permissions (e.g. adding Linkd Marketing as an admin) rather than sharing passwords directly. Linkd Marketing will not store Client passwords beyond what is operationally necessary and will not share credentials with any third party.

21.4 Revocation of Access

Upon termination of services, the Client should revoke all access permissions granted to Linkd Marketing. Linkd Marketing will also take reasonable steps to remove itself from any shared accounts it has access to within 7 business days of the termination date.

22. Testimonials & Case Studies

22.1 Permission to Use Results

By engaging Linkd Marketing, the Client grants permission for Linkd Marketing to use results, outcomes, screenshots, before-and-after comparisons, review growth figures, website previews, and other performance data for the purpose of marketing, portfolio display, social media content, and case studies. This permission applies unless the Client opts out in writing.

22.2 Anonymisation

Where a Client requests confidentiality, Linkd Marketing will anonymise or remove identifying details (business name, location, owner name) from any case study or marketing material before publication. Requests must be made in writing to hello@linkdmarketing.com.au.

22.3 Opting Out

Clients may opt out of this permission at any time by notifying Linkd Marketing in writing. Linkd Marketing will remove identifiable materials from active marketing use within 14 business days of receiving the opt-out request. This does not apply to materials already published on third-party platforms outside Linkd Marketing's direct control.

22.4 Testimonials

If a Client provides a written or verbal testimonial, Linkd Marketing may use this in marketing materials, on the website, and across social media. The Client's first name and business type (e.g. "Jane, Cafe Owner") may be included unless the Client requests otherwise.

23. Subcontractors & Partners

23.1 Right to Subcontract

Linkd Marketing reserves the right to engage subcontractors, freelancers, or white-label service partners to assist in the delivery of services. Client approval is not required for these arrangements. Linkd Marketing remains the primary point of contact and is responsible for the quality and delivery of all work, regardless of who performs it.

23.2 Confidentiality of Subcontractors

Any subcontractor or partner engaged by Linkd Marketing is bound by the same confidentiality obligations as Linkd Marketing with respect to the Client's data and business information. Linkd Marketing will not disclose Client information to subcontractors beyond what is necessary to deliver the agreed services.

23.3 No Direct Engagement

The Client agrees not to directly contact, engage, or contract with any subcontractor or partner introduced through Linkd Marketing during the term of any agreement and for 12 months following its conclusion. Direct engagement without Linkd Marketing's written consent constitutes a breach of these Terms and may attract the compensation outlined in clause 18.2.

24. Complaints Procedure

24.1 Raising a Complaint

If the Client has a concern or complaint about any service or product, they should contact Linkd Marketing in writing at hello@linkdmarketing.com.au with a clear description of the issue, the date it occurred, and the outcome they are seeking. Complaints raised verbally or via social media will be acknowledged but must be followed up in writing to be formally actioned.

24.2 Response Times

Linkd Marketing will acknowledge all written complaints within 2 business days of receipt. A substantive response or proposed resolution will be provided within 7 business days. Where the matter is complex and requires further investigation, the Client will be notified of the extended timeline.

24.3 Escalation

If the Client is not satisfied with the resolution offered, they may request escalation to a senior member of the Linkd Marketing team. If the matter remains unresolved after escalation, either party may proceed to the dispute resolution process outlined in clause 12.

24.4 No Suspension of Payment

Lodging a complaint does not entitle the Client to withhold or delay payment of any outstanding invoice. Payment obligations continue in accordance with clause 7 while any complaint is being investigated.

25. Waiver

25.1 No Waiver by Inaction

The failure of Linkd Marketing to enforce any right or provision of these Terms on any occasion does not constitute a waiver of that right or provision. Linkd Marketing may still enforce that right or provision at any future time.

25.2 Written Waiver Only

Any waiver of a right or obligation under these Terms is only effective if made in writing and signed by an authorised representative of Linkd Marketing. A waiver of one breach does not constitute a waiver of any subsequent or continuing breach.

25.3 Partial Enforcement

Where Linkd Marketing accepts a partial payment or late payment without formally waiving its rights, all outstanding obligations of the Client remain in full force. Acceptance of part-payment is not an agreement to discharge the remaining balance.

Questions about these terms? Our team is happy to explain anything before you commit.

Contact us