Terms & Conditions for Mindful Clicks
Last Updated: August 4, 2025
Welcome to Mindful Clicks (mindfulclicks.com.au). By engaging with our services or accessing our website, you agree to be bound by the following Terms and Conditions (“Terms”). These Terms govern the relationship between you (“Client” or “you”) and Mindful Clicks (“we,” “us,” or “our”), a Sydney-based digital marketing agency providing Search Engine Optimization (SEO), Search Engine Marketing (SEM), and related services. Please read these Terms carefully.
1. Acceptance of Terms
By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, you must not use our website or services.
2. Services
Mindful Clicks provides digital marketing services, including but not limited to SEO, SEM (e.g., Google Ads management), content creation, and website optimization. The scope of services, deliverables, and timelines will be outlined in a separate Service Agreement or proposal provided to you. We reserve the right to modify or discontinue any service with reasonable notice.
2.1 Client Responsibilities
To ensure the successful delivery of services, you agree to:
- Provide accurate, complete, and timely information, including access to necessary accounts (e.g., Google Analytics, Google Ads, website CMS).
- Respond promptly to our requests for approvals, feedback, or additional information.
- Comply with all applicable laws, including those related to intellectual property and advertising standards.
Failure to meet these responsibilities may result in delays or suboptimal performance, for which Mindful Clicks will not be liable.
3. Payment Terms
3.1 Fees
Service fees will be outlined in the Service Agreement. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), which will be applied as required by Australian law.
3.2 Payment Schedule
Payments are due as specified in the Service Agreement, typically monthly in advance for ongoing services or upon project milestones for one-off projects. Invoices are issued via email and must be paid within 14 days unless otherwise agreed.
3.3 Late Payments
Late payments may incur interest at a rate of 2% per month, calculated daily. We reserve the right to suspend services until outstanding payments are cleared.
3.4 Refunds
Services are non-refundable except where required by the Australian Consumer Law (ACL). If you are entitled to a refund under the ACL, we will process it promptly upon verification.
4. Intellectual Property
4.1 Ownership
Any content, designs, or materials created by Mindful Clicks as part of the services remain our intellectual property until full payment is received. Upon full payment, ownership of deliverables (e.g., content, reports) will transfer to you, excluding any proprietary tools or third-party assets.
4.2 Client Materials
You grant Mindful Clicks a non-exclusive, royalty-free license to use any materials (e.g., logos, images, text) provided by you for the purpose of delivering the services. You warrant that you have the right to provide such materials and that they do not infringe third-party rights.
5. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including business strategies, client data, and campaign performance metrics. This obligation survives the termination of the Service Agreement.
6. Warranties and Disclaimers
6.1 Service Warranties
We warrant that our services will be performed with reasonable care and skill, in accordance with industry standards and the Service Agreement. However, due to the nature of SEO and SEM, we cannot guarantee specific results, such as search engine rankings or conversion rates, as these depend on external factors (e.g., search engine algorithms, market competition).
6.2 Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to a refund or replacement service. For minor failures, we will rectify the issue within a reasonable timeframe.
6.3 Disclaimer
To the maximum extent permitted by law, Mindful Clicks disclaims any implied warranties or guarantees. We are not liable for any indirect, consequential, or incidental damages arising from the use of our services.
7. Limitation of Liability
Our liability for any claim arising from these Terms or our services is limited to the amount paid by you for the services in the preceding 12 months. We are not liable for losses caused by third-party platforms (e.g., Google, Meta), your failure to provide necessary information, or factors beyond our control (e.g., algorithm changes, server downtime).
8. Termination
8.1 By Either Party
Either party may terminate the Service Agreement with 30 days’ written notice, unless otherwise specified. Upon termination, you must pay for all services rendered up to the termination date.
8.2 For Cause
We may terminate the agreement immediately if you breach these Terms, fail to make payments, or engage in unlawful activities. You may terminate immediately if we fail to deliver services as agreed, subject to the ACL.
9. Indemnity
You agree to indemnify Mindful Clicks against any claims, losses, or damages arising from your breach of these Terms, misuse of our services, or violation of third-party rights (e.g., intellectual property infringement).
10. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
11. Amendments
We may update these Terms from time to time. The latest version will be posted on our website, and continued use of our services constitutes acceptance of the updated Terms. Significant changes will be communicated to active clients via email.
12. Contact Us
For questions about these Terms or our services, please contact us at:
Email: contact@mindfulclicks.com.au
Address: 44 Market St, Sydney, NSW, 2000, Australia
By engaging with Mindful Clicks, you acknowledge that you have read and agree to these Terms and Conditions.
