Terms and Conditions
Effective date: 12 April 2024
Welcome to Dadek Digital.
These Terms & Conditions (“Terms”) govern all services provided by Dadek Digital (“Dadek Digital”, “we”, “us”, “our”) to any client worldwide (“Client”).
Acceptance occurs when the Client signs, pays, emails acceptance, or continues to use our services.
1. Binding Parties & Personal Guarantee
If the Client is a company, partnership, trust or other entity, the individual accepting these Terms:
Confirms they have authority to bind the entity
Personally guarantees all payment obligations
This guarantee survives termination, insolvency and restructuring.
2. Nature of Services
Dadek Digital provides advertising, tracking, analytics, consulting and performance optimisation services.
All services are provided on a best-efforts basis only.
No revenue, ROAS, lead volume or performance outcome is guaranteed.
3. Payment Obligations
3.1 Invoicing
All invoices are payable within 7 days unless otherwise stated.
Dadek Digital may require:
Prepayment
Deposits
Milestone billing
3.2 Unconditional Payment
Clients may not withhold, offset or delay payment for any reason including dissatisfaction, platform issues or disputes.
4. Currency, Tax & Fees
Invoices may be issued in AUD, USD or EUR.
Exchange rates are fixed at invoice date.
All bank, FX and transfer fees are paid by the Client.
GST, VAT or sales tax is added where required.
5. Late Payment & Default
Late payments incur 12% annual interest.
Dadek Digital may suspend services, disable tracking, and revoke access immediately.
All recovery and legal costs are payable by the Client.
6. Ownership Until Paid
All tracking, ad accounts, pixels, campaigns, scripts, dashboards, data and systems remain the exclusive property of Dadek Digital until all invoices are paid.
Clients receive only a revocable licence.
7. Chargebacks & Reversals
The Client waives all chargeback and payment reversal rights.
Any reversed payment becomes an immediate debt.
8. Platform Control
Dadek Digital is not responsible for:
Ad account bans
Disapprovals
Algorithm changes
Platform outages
No refunds apply.
9. Termination
Either party may terminate with notice.
All unpaid invoices become immediately due.
Termination does not cancel debts or ownership rights.
10. Indemnity
The Client indemnifies Dadek Digital against all claims arising from:
Data protection or cookie violations
Advertising content
Client websites or lead handling
Regulatory actions
11. Limitation of Liability
Liability is capped at fees paid in the previous 30 days.
No liability for lost revenue, profits or goodwill.
12. Legal Service & Notices
Legal notices, debt demands and court documents may be served by email.
Service is deemed effective when sent.
13. Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia.
All disputes must be heard exclusively in Australian courts.
14. Language Supremacy
The English version of these Terms prevails over any translation.
15. No Class Actions
The Client waives all rights to class, group or representative claims.
16. No Injunctive Relief
The Client waives any right to seek injunctive, equitable or emergency relief against Dadek Digital.
17. Assignment
The Client may not assign or transfer this agreement without written consent.
18. Severability
If any clause is held invalid, all remaining clauses remain enforceable.
19. Survival
Payment, ownership, indemnity, jurisdiction and enforcement rights survive termination.
20. Acceptance
By paying, signing, emailing acceptance or using Dadek Digital services, the Client agrees to these Terms.