Terms and Conditions

Effective Date: 12 April 2024
Last Updated: 18 February 2026

These Terms & Conditions (“Terms”) govern all services provided by Dadek Digital (“Dadek Digital”, “we”, “us”, “our”) to any business client (“Client”) worldwide.

These services are provided for business purposes only.

Acceptance occurs when the Client signs an agreement, pays an invoice, emails acceptance, issues a purchase order, or continues to use our services.

1. Authority & Personal Guarantee

If the Client is a company, partnership, trust, or other entity:

  • The individual accepting these Terms warrants they have authority to bind the entity; and

  • Personally guarantees all payment obligations owed to Dadek Digital.

The personal guarantee is continuing and survives termination, insolvency, restructuring, or cessation of services.

Dadek Digital may pursue the entity, the guarantor, or both.

2. Nature of Services

Dadek Digital provides advertising, media buying, tracking implementation, analytics, consulting and performance optimisation services.

All services are provided on a best-efforts basis.

No guarantee is made regarding:

  • Revenue

  • ROAS

  • Lead volume

  • Conversion rates

  • Platform approvals

  • Account stability

  • Commercial outcomes

Performance is influenced by variables outside Dadek Digital’s control, including market conditions, platform algorithms, pricing, website quality and client follow-up processes.

3. Scope & Client Responsibilities

3.1 Scope

Services are limited to the agreed scope of work.

Material changes, additional builds, emergency work, rebuilds or expanded services may incur additional fees.

3.2 Client Responsibilities

The Client agrees to:

  • Provide timely approvals and accurate information

  • Provide required platform access

  • Maintain legal and regulatory compliance

  • Handle and follow up on leads in a commercially reasonable manner

  • Pay advertising spend directly to platforms unless otherwise agreed

Dadek Digital is not responsible for delays or performance impact caused by Client delay, non-cooperation or non-compliance.

4. Communication Standards

Dadek Digital will respond to Client communications within 2 business days, excluding Victorian public holidays.

Response time does not guarantee resolution time.

5. Fees & Payment

5.1 Invoicing

Invoices are payable within 7 days unless otherwise agreed in writing.

Dadek Digital may require:

  • Prepayment

  • Deposits

  • Retainers

  • Milestone billing

5.2 Unconditional Payment

Payment obligations are unconditional.

The Client may not withhold, offset, reduce or delay payment due to dissatisfaction, performance outcomes, disputes, or platform-related issues.

Fees are payable for services rendered and expertise provided, not guaranteed outcomes.

6. Late Payment & Default

If payment is not received by the due date:

  • Interest accrues at 12% per annum, calculated daily

  • Services may be suspended immediately

If unpaid after 14 days:

  • A formal notice of default may be issued

  • The debt may be referred for external recovery

If unpaid after 30 days:

  • All outstanding amounts become immediately due

  • Dadek Digital may commence legal proceedings in Victoria

The Client is liable for all reasonable recovery, enforcement and legal costs.

7. Ownership & Licence

Until all invoices are paid in full:

All tracking frameworks, campaign builds, scripts, dashboards, data configurations, strategy documents and proprietary systems remain the property of Dadek Digital.

The Client receives a revocable, non-transferable licence only.

Non-payment automatically revokes any licence granted.

8. Platform & Third-Party Risk

Dadek Digital is not responsible for:

  • Ad account suspensions

  • Platform bans

  • Policy changes

  • Algorithm updates

  • Platform outages

  • Regulatory actions

No refunds apply due to platform or third-party decisions.

9. Chargebacks

The Client waives chargeback and payment reversal rights.

Any reversed payment becomes immediately due as debt plus recovery costs.

10. Termination

Either party may terminate services with written notice.

Upon termination:

  • All unpaid invoices become immediately due

  • No refund is payable for work performed

  • Survival clauses remain enforceable

11. Limitation of Liability

To the maximum extent permitted by law:

Total liability is capped at fees paid in the previous 30 days.

Dadek Digital is not liable for:

  • Loss of revenue

  • Loss of profit

  • Loss of goodwill

  • Indirect or consequential damages

12. Indemnity

The Client indemnifies Dadek Digital against claims arising from:

  • Advertising content

  • Website compliance

  • Data protection violations

  • Lead handling practices

  • Regulatory investigations

This indemnity survives termination.

13. Amendments

Dadek Digital may update these Terms from time to time.

Updated Terms take effect upon publication or notification.

Continued use of services constitutes acceptance.

14. Legal Notices

Legal notices, debt demands and court documents may be served by email.

Service is deemed effective when sent.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of Victoria, Australia.

All disputes must be resolved exclusively in Victorian courts.

The Client irrevocably submits to that jurisdiction.

16. Severability

If any provision is held invalid, remaining provisions remain enforceable.

17. Survival

Payment obligations, guarantees, ownership rights, indemnities, limitation of liability and jurisdiction clauses survive termination.

18. Entire Agreement

These Terms constitute the entire agreement and supersede prior discussions or representations.

19. Acceptance

By signing, paying, emailing acceptance or continuing to use Dadek Digital services, the Client agrees to these Terms.