Terms and conditions

1. Agreement to Terms

By accessing or using Windpixel's digital marketing services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms apply to all users of our Services, including businesses, their employees, contractors, and any other individuals or entities that engage our Services.

If you have a signed proposal, statement of work, or service agreement with us for a specific engagement, and it conflicts with these Terms, the signed document governs that engagement to the extent of the conflict.

2. Description of Services

Windpixel provides digital marketing services designed to help businesses grow their online presence. Our Services include, but are not limited to:

• Search Engine Optimisation (SEO) and Local SEO
• Pay-Per-Click (PPC) advertising and Google Ads management
• Website design and development
• Social media marketing and management
• Branding and graphic design
• Content creation and copywriting
• Web hosting and maintenance
• Analytics and performance reporting

3. Client Responsibilities

To enable us to provide our Services effectively, you agree to:

• Provide accurate, current, and complete information about your business
• Provide timely access to accounts, assets, and materials needed for our work
• Review and approve deliverables within reasonable timeframes
• Communicate feedback and requirements clearly and promptly
• Ensure you have the rights to any content or materials you provide to us

4. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Use our Services to promote illegal, harmful, or offensive content
• Engage in practices that violate search engine or advertising platform guidelines
• Misrepresent your business, products, or services
• Use our Services to distribute spam or malicious content

5. Intellectual Property

Upon full payment, you will own the rights to custom deliverables created specifically for your project, including website designs, graphics, and content. Third-party advertising accounts, manager structures, and platform assets are governed by section 9, not by this clause. However, Windpixel retains ownership of:

• Pre-existing materials, tools, and frameworks used in delivering Services
• General knowledge, skills, and techniques developed during the engagement
• Third-party software, plugins, or licensed materials

We reserve the right to showcase completed work in our portfolio unless otherwise agreed in writing.

6. Payment Terms

Fees for our Services are set forth in your proposal or service agreement. You agree to pay all fees in accordance with the payment terms specified. All fees are quoted in Australian Dollars (AUD) unless otherwise specified.

• Project work typically requires a deposit before commencement
• Ongoing services are billed monthly in advance
• For ongoing services (excluding amounts covered by the project payment terms below), invoices are typically due within 14 days unless otherwise agreed
• Late payments may incur interest and result in suspension of Services

Payment terms for project work

All project work, including website development, design, and related services, is subject to payment terms. Any outstanding balance invoiced for project work, including for work in progress, milestones, or completed deliverables, becomes due 60 days from the date of invoice. Clients are responsible for ensuring timely payment. Late payments may incur additional fees or suspension of services until the balance is settled.

7. Results and Guarantees

While we strive to achieve the best possible results for our clients, you acknowledge that:

• SEO and digital marketing results depend on many factors outside our control
• Search engine algorithms and advertising platforms change frequently
• We cannot guarantee specific rankings, traffic, or conversion outcomes
• Past results do not guarantee future performance

We commit to using industry best practices and providing transparent reporting on our efforts and results.

8. Data and Privacy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using our Services, you consent to the collection and use of information as described in our Privacy Policy.

You are responsible for ensuring that any data you provide to us complies with applicable privacy laws, including the Privacy Act 1988 (Cth) and related regulations.

9. Advertising accounts, analytics, and platform access

Our Services often use third-party advertising, analytics, and marketing platforms (including but not limited to Google Ads, Google Analytics, Meta Business Suite / Facebook and Instagram Ads, and similar). It is important to distinguish who owns and controls which accounts.

9.1 Accounts you already own

Where you provide us with access to accounts, properties, or assets that already exist in your name (or your business's name) on those platforms, you remain the owner and administrator of those accounts. We act as a user, manager, or agency with the permissions you grant, in line with the platform's rules and your instructions.

9.2 Accounts we create, configure, or administer

Where we create, set up, link, or administer advertising accounts, campaigns, pixels, catalogues, Business Manager structures, Google Ads accounts (including under our manager or MCC relationships), conversion tracking, tag manager containers, or similar assets for the purpose of delivering our Services, those assets are established and operated as part of our service delivery model unless your written agreement with us expressly states otherwise.

Unless we have agreed in writing to transfer ownership or full administrative control to you (for example in a separate deed of assignment, account transfer schedule, or specific clause in a signed proposal or agreement), you acknowledge and agree that:

• Windpixel (and/or our nominated entities or partner accounts used to deliver Services) retains ownership and/or primary administrative control of accounts and structures we originate or hold under our business, including accounts linked to our manager, partner, or agency relationships with platforms
• Paying our fees, media charges, or platform costs does not, by itself, transfer ownership of those accounts or assets to you
• You do not acquire a right to demand transfer of administrative ownership of accounts we set up solely because you were the advertiser whose campaigns ran in those accounts
• Historical performance data, optimisation history, audience configurations, and similar may be subject to platform limitations; portability is not guaranteed and may depend on platform policies and any separate transfer arrangement
• If you require accounts to exist only in your name from the outset, you must tell us before we create or link assets, and we will work with you subject to feasibility and any additional setup fees we quote

9.3 Transfers and offboarding

If you wish to move to another provider or take full in-house control, any transfer of accounts or assets we administer may require a separate written agreement, platform-specific steps, settlement of outstanding fees, and (where we offer it) a quoted transfer or handover fee. Until such steps are completed to our reasonable satisfaction, we are not obliged to surrender administrative access in a way that jeopardises our other clients, our compliance obligations, or platform policies.

Nothing in these Terms obliges us to provide you with duplicate billing credentials, internal labels, or agency-only structures that platforms do not allow to be copied to a third party.

9.4 Ad spend and platform charges

You remain responsible for ad spend, taxes, and platform charges as set out in your proposal or invoices. Payment of media or platform costs does not change account ownership as described above.

10. Third-Party Services

Our Services may involve the use of third-party platforms and services, including but not limited to Google Ads, Meta Ads, analytics tools, and hosting providers. You agree to:

• Comply with the terms of service of any third-party platforms used
• Respect the division between your accounts and accounts we administer as described in section 9, and provide accurate information when platforms require verification of business identity
• Be responsible for any costs associated with third-party services (for example ad spend, subscriptions, or domain renewals) as agreed in your proposal or invoices

11. Limitation of Liability

To the maximum extent permitted by law, Windpixel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or business opportunities resulting from your use of our Services.

Our total liability to you for any claims arising from or related to our Services shall not exceed the total fees you have paid to Windpixel in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Windpixel and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or connected with your use of our Services, violation of these Terms, or infringement of any rights of another party.

13. Termination

Either party may terminate ongoing Services with 30 days written notice, unless otherwise specified in your service agreement. Upon termination:

• You remain responsible for all fees for work completed up to the termination date
• We will provide reasonable assistance in transitioning work to you or another provider, subject to section 9 (including that transfer of accounts we administer may require a separate agreement, fees, and platform-compliant steps)
• Any outstanding deliverables will be provided upon payment of outstanding invoices

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes arising from these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts of Western Australia.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

16. Contact Information

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