1. General
Welcome to DnD Media. These Terms and Conditions (“Terms”, “Agreement”) form a binding contract between DnD Media (“DnD Media”, “we”, “us”, or “our”) and you (“you” or “your”). They govern your use of our website, services, and any related platforms.
By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use our services.
2. Changes to These Terms
We may update these Terms from time to time. The latest version will always be available on our website. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.
3. Who Can Use Our Services
You must be at least 18 years old and legally able to enter into contracts. If you are acting on behalf of a business, you confirm you have authority to bind that business.
4. Our Services
DnD Media provides digital marketing and media services, which may include (but are not limited to):
- Google Ads and Meta Ads management
- SEO and content strategy
- Social media management and content creation
- Paid media campaigns
- Creative and media production services
- Strategy, consulting, and performance reporting
Specific services, deliverables, fees, and timelines will be set out in a separate proposal, statement of work, or service agreement.
5. Client Responsibilities
You agree to:
- Provide accurate and timely information, access, and assets required for us to deliver the services
- Ensure you have the necessary rights and permissions for any content, branding, or data you supply
- Review and approve work within agreed timeframes
- Comply with all applicable laws, including advertising standards and privacy laws
6. Fees, Payment & Cancellation
Fees are as quoted in the relevant proposal or service agreement.
- Monthly management: The first month is paid upfront. Ongoing management fees are then billed monthly in advance.
- Weekly management: A $500 onboarding fee is payable upfront. Weekly management payments start 7 days in arrears and continue weekly in arrears.
- One-off projects: Fees and payment schedules are set out in the relevant proposal, statement of work, or service agreement.
- Advertising spend: All ad spend is paid directly to the respective advertising platforms, including Google and Meta, and is separate from our management fees.
Payment is due within 7 days of invoice unless otherwise stated in the billing arrangements above or the relevant proposal or service agreement.
Late payments may attract interest and/or suspension of services.
Either party may cancel ongoing services at any time within the first 30 days. After the first 30 days, cancellation requires 30 days’ written notice. Email is sufficient written notice.
Work already completed or in progress at the time of cancellation remains payable.
Setup fees, one-off projects, and third-party media spend are non-refundable once incurred.
7. Intellectual Property
You retain ownership of your existing brand assets, content, and data.
We retain ownership of our methodologies, templates, tools, frameworks, and any pre-existing intellectual property.
Upon full payment, you receive a licence to use the final deliverables created specifically for you.
We may use anonymised results and case studies for marketing purposes unless you specifically request otherwise in writing.
8. Confidentiality
Both parties agree to keep confidential any non-public information shared during the engagement, except where disclosure is required by law or necessary to perform the services.
9. Performance & Results
While we use our best efforts and industry best practice, we do not guarantee specific results (including rankings, ROAS, leads, or sales). Digital marketing performance depends on many factors outside our direct control, including market conditions, competition, platform algorithms, and your own business operations.
10. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability arising out of or in connection with the services is limited to the fees paid by you to us in the three (3) months preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity.
- Nothing in these Terms excludes liability that cannot be excluded under Australian Consumer Law.
11. Indemnity
You agree to indemnify and hold DnD Media (and our officers, employees, and contractors) harmless from any claims, losses, or costs arising from:
- Your content or materials
- Your breach of these Terms
- Your violation of any law or third-party rights
12. Privacy
We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy. By using our services you consent to us processing relevant data as required to deliver the services.
13. Termination
We may suspend or terminate services immediately if you breach these Terms, fail to pay invoices, or engage in conduct that harms our reputation or ability to deliver. You may terminate as set out in the Fees & Cancellation section.
14. Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.
15. General
These Terms, together with any proposal or statement of work, form the entire agreement between us.
If any part of these Terms is found unenforceable, the rest remains in effect.
We may assign our rights under these Terms. You may not assign yours without our prior written consent.
Failure to enforce any right is not a waiver of that right.
Contact
Questions about these Terms? Email us at hello@dndmedia.com.au.