Terms and Conditions

Effective Date: 12 April 2024
Last Updated: 3 July 2026

IMPORTANT NOTICE

These Terms and Conditions ("Terms") apply to the provision of digital marketing services by Daan Dekkers, ABN: 98 360 756 710 (the "Dadek Digital", "we", "us", "our") to each client ("Client", "you", "your"). These Terms are published at https://www.dadekdigital.com/terms-of-service (the "Website") and are incorporated by reference into all order forms and engagements. By executing an Order Form, instructing us to provide Services, accessing or using our Website or Services, or otherwise indicating acceptance (including by clicking “I agree” or similar acknowledgment online), you agree to be bound by these Terms and any documents expressly incorporated by reference. These Terms are separate from any agreement between the Client and any third party, including but not limited to Google, Facebook, or other media platforms.

Please read these Terms carefully. They contain important information about your legal rights, remedies and obligations. By using Dadek Digital's services, you agree to comply with and be bound by these Terms. If you do not agree to these terms and conditions, you must not accept them and you must not use the Service.

These Terms are effective as of the date specified above. The Terms that apply to your Order Form or engagement are those in force at the date the Order Form is submitted, accepted, or the Services are first accessed or used.  The Client should print or save a copy of these Terms for future reference.

2. Business-to-Business Engagements Only

These Terms are intended for business-to-business engagements. However, the Client acknowledges that where the price of the services is below the monetary threshold under the Australian Consumer Law (currently $100,000), or the services are of a kind ordinarily acquired for personal, domestic or household use, the Client may be a 'consumer' under that law and the consumer guarantees will apply notwithstanding that the engagement is for business purposes. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or other right or remedy that cannot lawfully be excluded.

3. Definitions

In these Terms:

ACL means the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Client means the party named in the relevant proposal, agreement, statement of work, or purchase order.

Engagement means the project, campaign, or services described in the relevant proposal, agreement, statement of work, or purchase order.

Fees means the fees payable for the services as set out in the relevant proposal, agreement, statement of work, or purchase order.

Order Form means the document (in electronic or physical form) detailing the Services and Fees, referencing these Terms, and duly accepted by the Client and Company. 

Intellectual Property means all present and future intellectual property rights conferred by statute, common law or equity in or in relation to the services, including but not limited to copyright, trademarks, designs, patents, circuit layouts, trade secrets, and confidential information.

Services means the services described in the relevant proposal, agreement, statement of work, or order form.

2. Nature of Services

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

All Services are provided on a best-efforts basis to the standard of a reasonably competent digital advertising professional. Performance is materially influenced by variables outside Dadek Digital's control, including but not limited to:

  • Market conditions, competition, and ad auction dynamics

  • Platform algorithms, policy changes, and account decisions

  • Website and landing page quality and performance

  • Client-side lead handling, follow-up processes, and sales conversion

  • Consumer behaviour and external economic conditions

Fees are payable for the delivery of agreed professional services and expertise, not for guaranteed commercial outcomes. Dadek Digital's obligations regarding the quality of work delivered are set out in Clause 3.3.

3. Scope, Changes, and Client Responsibilities

3.1 Scope of Services

Services are limited to the agreed scope set out in the relevant proposal, brief, or written agreement. Dadek Digital's obligation is to deliver the Services described in that agreed scope, not to achieve specific performance outcomes.

Material changes, additional builds, emergency work, platform rebuilds, or significant scope expansions will be quoted separately and require written agreement from both parties before work commences. Such changes may result in an adjustment to Fees. 

3.2 Client Responsibilities

The Client agrees to:

  1. Provide accurate briefs, timely approvals, and all required access to advertising platforms and accounts

  2. Maintain legal and regulatory compliance in all advertising content, landing pages, and business practices, including compliance with the laws of their own jurisdiction

  3. Follow up on leads promptly and in a commercially reasonable manner

  4. Pay advertising spend directly to platforms unless otherwise agreed in writing

  5. Notify Dadek Digital promptly of any material change to the business, products, target audience, or budget

  6. Ensure all content provided for advertising purposes does not infringe third-party rights

  7. Comply with all applicable advertising laws, consumer protection regulations, and platform policies in the jurisdictions in which they operate

Dadek Digital is not liable for performance impact, delays, or Service failures caused by the Client's failure to meet these responsibilities, including failure to provide access, approvals, or accurate information in a timely manner.

3.3 Warranties

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. 

Where you are a “consumer” under the Australian Consumer Law:

For major failures with the service, you are entitled:

  • to cancel your service contract with us; and

  • to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Further, Dadek Digital warrants that services delivered under any engagement will be performed to the standard of a reasonably competent digital advertising professional. Where a Client identifies a material error in a deliverable directly attributable to Dadek Digital's work, including misconfigured campaigns, incorrect tracking implementations, erroneous reporting, or structural errors in account builds, Dadek Digital will remedy the defect at no additional cost to the Client.

A defect claim must be submitted in writing within 10 business days of delivery of the relevant work. Claims submitted outside this window, or claims relating to advertising performance, platform decisions, algorithm outcomes, or matters outside Dadek Digital's control as set out in Clause 2, are not covered by this warranty.

This clause does not affect, limit, or modify Clause 2 or Clause 15. Dadek Digital's obligation under this clause is to remedy confirmed errors in work delivered, not to guarantee commercial outcomes.

4. Communication

Dadek Digital will respond to Client communications within 2 business days, excluding Victorian public holidays. This response time commitment does not guarantee resolution within that timeframe and does not apply to urgent or out-of-scope requests outside the agreed service arrangement.

5. Fees, GST, Currency, and Payment

5.1 Currency

All fees are quoted in Australian Dollars (AUD) unless otherwise specified in writing in the relevant proposal or invoice. The Client is responsible for any bank transfer fees, foreign exchange conversion costs, or international transaction charges incurred in making payment. Dadek Digital must receive the full invoiced amount net of any such charges.

5.2 GST

Dadek Digital is registered for Goods and Services Tax (GST) in Australia. GST at the prevailing rate (currently 10%) applies to supplies made to Australian-based clients and will be itemised on each tax invoice where applicable.

Clients located outside Australia are not subject to Australian GST. International clients are solely responsible for determining and meeting all tax obligations applicable in their own jurisdiction, including but not limited to VAT, sales tax, withholding tax, or any other applicable levy. Dadek Digital makes no representation regarding the tax treatment of its services in any jurisdiction outside Australia.

5.3 Payment Terms

Invoices are due and payable within 7 calendar days of the invoice date unless otherwise agreed in writing prior to invoice issue. Time is of the essence with respect to payment.

5.4 Deposits and Retainers

For certain Engagements, including but not limited to new account builds, large-scope projects, or arrangements agreed in writing, Dadek Digital may require a deposit of up to 50% of the agreed fee before work commences. Where a deposit applies, this will be specified in the relevant proposal or written agreement.

For ongoing retainer arrangements, Dadek Digital's standard practice is to deliver Services during the billing period and invoice upon or following completion of that period. Payment is due within 7 calendar days of the invoice date unless otherwise agreed in writing. Where an alternative payment schedule, including advance payment, has been agreed in writing, that schedule governs.

Dadek Digital reserves the right to withhold commencement or continuation of Services until any required deposit or retainer is received and cleared.

Where a deposit has been paid and the Client cancels after commencement, the deposit will be applied first to cover all work completed and costs incurred up to the point of cancellation. Any remaining surplus will be refunded. If the cost of work performed equals or exceeds the deposit, no refund is payable.

5.5 Payment Obligations

Dadek Digital's standard model is to deliver Services prior to invoicing. Where Services have been delivered and accepted by the Client, payment is due in accordance with these Terms. The Client must pay all undisputed amounts when due and may only withhold an amount that is the subject of a genuine dispute raised in accordance with this clause and Clause 14. Nothing in this clause limits any right or remedy the Client has that cannot lawfully be excluded, including any applicable consumer guarantees.

The Client may not withhold, offset, reduce, or delay payment on the basis of:

  • Dissatisfaction with advertising results or commercial outcomes

  • Platform-related issues including account suspensions, policy changes, or algorithm updates

  • Third-party tool failures or outages

  • An unresolved dispute that does not relate to material non-delivery of agreed services

Where the Client believes services have not been delivered to the agreed scope, they must notify Dadek Digital in writing within 10 business days of receiving the relevant invoice, specifying the nature of the alleged non-delivery. Failure to notify within this period does not waive any consumer guarantee or other right or remedy of the Client that cannot lawfully be excluded; however, the Client must still pay all undisputed amounts when due. Where a genuine dispute regarding service delivery is raised within that window, the Client must follow the dispute resolution process in Clause 14 and may not unilaterally withhold payment pending resolution.

6. Late Payment and Default

6.1 If the client fails to pay any amount due under this agreement by the due date for payment, Dadek Digital may, without prejudice to any other rights or remedies: 

  1. charge interest on the outstanding amount at a rate equal to the cash rate last published by the Reserve Bank of Australia before the due date for payment, plus 6% per annum,

  2. Recover from the client all reasonable costs and expenses (including legal costs on a full indemnity basis and debt collection agency fees) incurred by Dadek Digital in seeking to recover any overdue amounts; and 

  3. Suspend the provision of any or all Services, or withhold delivery of any deliverables, until all outstanding amounts (including interest and costs) are paid in full.

6.2 Default 

A default occurs if: 

  1. The Client fails to pay any amount due under this agreement within fourteen (14) days after receiving written notice from Dadek Digital requiring payment; 

  2. The Client breaches any other material obligation under this agreement and fails to remedy that breach within fourteen (14) days after receiving written notice from Dadek Digital specifying the breach and requiring it to be remedied; or 

  3. The client becomes insolvent, is placed under external administration, has a receiver or manager appointed, enters into liquidation, or ceases to carry on business.

If a default occurs, Dadek Digital may, by written notice to the Client and without prejudice to any other rights or remedies: 

  1. Terminate this agreement immediately or on a date specified in the notice; 

  2. Accelerate the payment of any fees or charges that would otherwise become due at a later date, so that all such amounts become immediately due and payable; and 

  3. Exercise any other rights available at law or in equity.

6.3 No Waiver 

Any failure or delay by Dadek Digital in exercising any right under this clause does not constitute a waiver of that right or any other right.

7. Intellectual Property and Ownership

Until all invoices are paid in full, the following remain the sole property of Dadek Digital:

  1. Tracking frameworks, scripts, tag configurations, and data layer implementations

  2. Campaign builds, account structures, and ad creative developed by Dadek Digital

  3. Reporting dashboards, templates, and data configurations

  4. Strategy documents, audit reports, and proprietary methodologies

During an active, fully paid engagement, the Client receives a revocable, non-exclusive, non-transferable licence to use the above solely for the purposes of the engagement. This licence is automatically revoked if the Client's payment remains outstanding for more than 14 calendar days after the due date and Dadek Digital has issued a notice of default, or upon termination or expiry of the engagement. Use of Dadek Digital's deliverables following revocation of this licence constitutes infringement of Dadek Digital's intellectual property rights.

Upon full payment of all amounts owing, ownership of deliverables specifically developed and customised for the Client transfers to the Client. This transfer does not include Dadek Digital's proprietary systems, templates, methodologies, or tools that existed prior to or independent of the engagement.

8. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services, including business strategies, advertising account data, client lists, financial information, pricing, and campaign performance data.

This obligation does not apply to information that:

  1. Is or becomes publicly available through no fault of the receiving party

  2. Was already known to the receiving party prior to disclosure, as evidenced by prior written records

  3. Is independently developed by the receiving party without reference to the confidential information

  4. Is required to be disclosed by law, regulation, or court order, provided the disclosing party gives prompt written notice where legally permissible

Confidentiality obligations survive termination of these Terms for a period of 3 years.

9. Privacy and Data Handling

Dadek Digital handles personal information in accordance with the Australian Privacy Act 1988 (Cth), applicable platform data policies, and any other applicable local data protection laws.

Each party is solely responsible for compliance with the data protection and privacy laws applicable in their own jurisdiction. For EU and UK-based clients, this includes compliance with the General Data Protection Regulation (GDPR) and any applicable national implementing legislation. For US-based clients, this includes compliance with applicable federal and state privacy laws. Dadek Digital makes no representation that its Services are configured for compliance with the data protection laws of any jurisdiction outside Australia, and the Client is responsible for ensuring any tracking, data collection, or advertising activity conducted through or in connection with Dadek Digital's services complies with applicable local law.

The Client warrants that:

  1. All personal data provided to Dadek Digital has been collected lawfully and with appropriate consents under the laws of the Client's jurisdiction

  2. The Client's advertising activities comply with all applicable privacy laws, including obligations under the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), GDPR where applicable, and relevant platform terms

  3. The Client will notify Dadek Digital promptly of any data breach or regulatory inquiry that may affect the Services

The Client indemnifies Dadek Digital against any claim, loss, fine, or liability arising from the Client's failure to comply with applicable privacy or data protection laws in any jurisdiction.

10. Platform and Third-Party Risk

Dadek Digital operates across third-party platforms including Google, Meta, TikTok, LinkedIn, Microsoft, and associated tools. Dadek Digital is not responsible for and has no control over:

  1. Ad account suspensions, restrictions, or permanent bans

  2. Platform policy changes, algorithm updates, or feature changes

  3. Third-party tool outages, data inaccuracies, or integration failures

  4. Regulatory actions or investigations affecting advertising platforms or the Client's account

No refunds apply as a result of platform or third-party decisions, except to the extent required by any non-excludable consumer guarantee or other right that cannot lawfully be excluded. Where possible, Dadek Digital will take reasonable steps to assist with resolution but makes no guarantee of reinstatement or recovery.

Advertising spend paid directly to platforms is not refundable by Dadek Digital under any circumstances.

11. [Not Used]

12. Force Majeure

Dadek Digital is not liable for any failure or delay in performing services where that failure is caused by circumstances genuinely beyond its reasonable control, including but not limited to platform outages, internet infrastructure failures, natural disasters, pandemic or public health events, or government or regulatory actions in any jurisdiction. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected Services by written notice without liability, other than for fees already accrued for services delivered prior to the event.

Dadek Digital will notify the Client as soon as reasonably practicable of any such event and will resume services as soon as it is able to do so. The Client's obligation to pay fees for services already rendered is not affected by a force majeure event.

13. Termination

  1. Either party may terminate services by providing no less than 14 days' written notice to the other party.

  2. Upon termination, regardless of which party initiates it:

  1. All unpaid invoices become immediately due and payable in full

  2. No refund is payable for work already performed or in progress at the time of termination, except to the extent required by any non-excludable right or remedy under applicable law.

  3. Any deposit paid will be applied to work performed and costs incurred up to the termination date; any surplus will be refunded

  4. The Client must promptly return or destroy any confidential information belonging to Dadek Digital

  5. All survival clauses remain in full force

Dadek Digital may terminate services immediately and without notice if the Client fails to pay any invoice by its due date, breaches any material term of these Terms, or engages in conduct that is unlawful, harmful, or reputationally damaging.

14. Dispute Resolution

Before either party commences formal legal proceedings, the parties agree to attempt resolution in good faith using the following process:

  • The aggrieved party issues a written notice of dispute to the other party, setting out the nature of the dispute and the remedy sought

  • Both parties attempt to resolve the matter in good faith within 10 business days of the notice

  • If unresolved after 10 business days, either party may pursue formal legal proceedings in the courts of Victoria, Australia

This clause does not prevent Dadek Digital from seeking urgent injunctive relief, or from pursuing unpaid invoices through debt recovery processes, without following the steps above. A Client's obligation to pay undisputed invoices for delivered services is not suspended or affected by the commencement of a dispute resolution process.

15. Limitation of Liability

To the maximum extent permitted by law, Dadek Digital's total liability to the Client for any claim, loss, or damage arising from or in connection with these Terms or the services is limited to the total fees paid by the Client to Dadek Digital in the 6 months immediately preceding the event giving rise to the claim.

Dadek Digital is not liable for:

  1. Loss of revenue, profit, business opportunity, or goodwill

  2. Indirect, consequential, special, or punitive damages

  3. Loss or corruption of data held by third-party platforms

  4. Any loss arising from platform decisions, algorithm changes, or policy enforcement

  5. Any loss arising from the Client's failure to comply with the laws of their own jurisdiction

The liability cap in this clause does not apply to losses or damages caused by Dadek Digital's gross negligence, wilful misconduct, or fraud. In those circumstances, Dadek Digital's liability is limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded under applicable Australian law, including any applicable consumer guarantees under the Australian Consumer Law, or equivalent mandatory protections under the laws of another jurisdiction to the extent those protections apply.

16. Indemnity

The Client indemnifies and holds harmless Dadek Digital, its contractors, and its representatives against any claim, loss, liability, fine, penalty, or cost (including reasonable legal costs) arising from or in connection with:

  • Advertising content supplied or approved by the Client

  • Website or landing page non-compliance, including consumer law or misleading conduct issues in any jurisdiction

  • Violations of privacy, data protection, spam, or consumer protection laws by the Client in any jurisdiction

  • The Client's lead handling, sales practices, or post-click conduct

  • Regulatory investigations into the Client's business or advertising activities in any jurisdiction

  • Any third-party intellectual property infringement arising from content provided by the Client

  • The Client's failure to comply with the laws of their own jurisdiction in connection with the Services

The Client's indemnity does not apply to any claim, loss, liability, fine, penalty, or cost to the extent it is caused by Dadek Digital's own negligence, breach of these Terms, or wilful misconduct. This indemnity survives termination of these Terms.

17. International Clients

Where the Client is located outside Australia, the following additional terms apply:

  1. These Terms are governed by the laws of Victoria, Australia, and the Client irrevocably submits to Victorian jurisdiction for the purpose of any dispute

  2. The Client is solely responsible for compliance with all laws applicable in their own jurisdiction in connection with the use of Dadek Digital's services

  3. Dadek Digital makes no representation that its Services comply with the laws of any jurisdiction outside Australia

  4. Enforcement of any Victorian court judgment in another jurisdiction is the responsibility of the Client and subject to the laws of that jurisdiction

  5. All fees are payable in Australian Dollars (AUD) unless otherwise agreed in writing

  6. The Client is responsible for all currency conversion costs, withholding taxes, and any other charges arising from international payment

18. Amendments

Dadek Digital may update these Terms at any time to reflect changes in law, business practice, or service offerings. Updated Terms will be published at dadekdigital.com and Dadek Digital will use reasonable efforts to notify existing clients by email at least 14 days before the updated Terms take effect. Any new terms, amendments, or modifications agreed between the parties shall only take effect from the commencement of the renewed contract term, following the expiry Date, unless otherwise expressly agreed in writing by both parties.

Where the Client continues to engage Dadek Digital's services after a change to these Terms has taken effect in accordance with the notice process above, the updated Terms apply to those continued services. Clients are encouraged to review the current version of these Terms periodically. The "Last Updated" date at the top of this document indicates when the most recent changes were made.

19. Legal Notices and Service

Any notice, demand, consent, or other communication in connection with these Terms must be in writing and may be given:

  1. personally to the recipient; 

  1. by leaving it at the recipient’s last known business or residential address; 

  1. by post to the recipient’s address specified in this agreement or last notified in writing; or 

  1. by email to the email address specified in this agreement (or as last notified in writing by the recipient).

A notice is taken to be received:

  • if delivered in person or left at an address, at the time of delivery; 

  • if sent by post within Australia, on the fourth business day after posting; 

  • if sent by email, at the time the email is sent unless the sender receives a notification that the email was not delivered, but if sent after 5pm or on a non-business day, it is taken to be received at 9am on the next business day.

The parties agree that email is an accepted method of service for all notices under this agreement.

Notices to Dadek Digital must be sent to the email address set out on the relevant invoice or proposal.

20. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, regardless of where the Client is located or where the Services are performed.

All disputes arising from or in connection with these Terms or the services must be resolved exclusively in the courts of Victoria, Australia. The Client irrevocably and unconditionally submits to the jurisdiction of those courts and waives any objection to proceedings being conducted in Victoria on grounds of inconvenience, location, or otherwise.

Where enforcement of a Victorian judgment is sought in another jurisdiction, that process is governed by the laws of that jurisdiction and is the Client's responsibility. The validity and enforceability of the underlying judgment is not affected by difficulties in enforcement in any other jurisdiction.

21. Severability

If any provision of these Terms is held to be invalid, unenforceable, illegal, or contrary to law by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect without modification.

22. Survival

The following clauses survive termination or expiry of these Terms: payment obligations, intellectual property and ownership, confidentiality, privacy, indemnity, limitation of liability, dispute resolution, governing law, and any other clause which by its nature is intended to survive termination.

23. Entire Agreement

These Terms, together with any signed proposal, scope of work, or written agreement, constitute the entire agreement between the parties in relation to the services and supersede all prior representations, negotiations, understandings, or discussions, whether oral or written.

No variation to these Terms is binding unless agreed in writing by both parties or confirmed by Dadek Digital in writing.

24. Acceptance

The individual accepting these Terms on behalf of any entity warrants that they have full legal authority to bind that entity to these Terms.