Terms & Conditions

These Terms & Conditions govern the provision of services by Gravity Co Pty Ltd ("Gravity Co", "we", "our", or "the Agency") to the client ("Client", "you").

By accepting a proposal, signing an agreement, submitting payment, or engaging Gravity Co's services, the Client agrees to be bound by these Terms & Conditions and any applicable Service Schedule.

Gravity Co provides a range of marketing, advertising, creative, consulting, and digital services.

The specific services to be provided are those outlined in the accepted proposal, agreement, invoice, or service schedule.

Any services requested outside the agreed scope may incur additional fees and require written approval.

Gravity Co reserves the right to engage subcontractors, contractors, suppliers, and third-party service providers where necessary to deliver services.

The Client agrees to pay all fees outlined in the accepted proposal, agreement, invoice, or service schedule.

Fees are payable in accordance with the agreed payment schedule.

Unless otherwise agreed in writing, recurring services are billed in advance.

Failure to make payment by the due date may result in suspension or termination of services without liability to Gravity Co.

A late payment fee of $35 AUD may be applied at Gravity Co's discretion for each calendar day that any invoice, payment, or instalment remains overdue, including failed direct debit or automatic payment attempts. Such fees accrue daily until all outstanding amounts are paid in full.

The Client remains responsible for all fees incurred up to the date services cease.

Gravity Co reserves the right to adjust pricing for future service periods, phases, campaigns, or agreements with reasonable written notice.

Unless otherwise required by law, all payments made to Gravity Co are non-refundable.

The Client agrees to provide all information, approvals, permissions, access, materials, and cooperation reasonably required for Gravity Co to deliver services.

The Client is responsible for ensuring all information provided is accurate, complete, and lawful.

The Client acknowledges that delays in providing access, approvals, content, feedback, or required materials may negatively impact timelines, deliverables, and campaign performance.

Gravity Co is not responsible for delays, underperformance, missed deadlines, or reduced results caused by Client actions, omissions, delays, or failures to cooperate.

The Client retains ownership of intellectual property owned prior to the commencement of services.

Gravity Co retains ownership of all proprietary methodologies, frameworks, processes, systems, strategies, templates, reports, and intellectual property developed or used in the delivery of services unless otherwise agreed in writing.

The Client grants Gravity Co a non-exclusive, royalty-free licence to use the Client's business name, logos, trademarks, content, and other materials solely for the purpose of delivering services.

The Client warrants that all materials supplied to Gravity Co do not infringe the rights of any third party and agrees to indemnify Gravity Co against any claims arising from those materials.

Unless otherwise agreed in writing, Gravity Co may reference the Client's name, logo, campaign outcomes, and completed work in its portfolio, case studies, marketing materials, and promotional activities.

Both parties agree to keep confidential information private and not disclose it to third parties except:

• Where required by law;
• Where necessary to deliver services; or
• With the other party's consent.

Gravity Co may disclose confidential information to employees, contractors, subcontractors, and service providers where reasonably necessary for service delivery.

Gravity Co may use anonymised performance data, campaign results, and project outcomes for reporting, benchmarking, and marketing purposes provided the Client is not identifiable.

The Client acknowledges that marketing, advertising, SEO, social media, digital campaigns, and related services are influenced by numerous factors outside Gravity Co's control.

Gravity Co makes no guarantee regarding:

• Rankings
• Leads
• Sales
• Revenue
• Traffic
• Engagement
• Reach
• Follower growth
• Conversion rates
• Return on investment

Results may be impacted by market conditions, competitor activity, consumer behaviour, platform changes, algorithm updates, economic conditions, third-party providers, technical limitations, and Client decisions.

The Client acknowledges that Gravity Co does not own or control third-party platforms including but not limited to Meta, Facebook, Instagram, Google, LinkedIn, TikTok, YouTube, WordPress, Shopify, or other digital services.

Gravity Co is not responsible for outages, policy changes, account restrictions, suspensions, algorithm updates, or actions taken by third-party platforms.

Any advertising spend, platform fees, software subscriptions, hosting costs, domain renewals, or third-party charges remain the responsibility of the Client unless otherwise agreed in writing.

To the maximum extent permitted by law, Gravity Co's total liability arising out of or in connection with services is limited to the lesser of:

• Re-performing the affected services; or
• The fees paid by the Client for the affected services during the preceding three (3) months.

Gravity Co is not liable for any indirect, incidental, special, punitive, or consequential loss, including loss of revenue, profits, goodwill, data, opportunities, or business reputation.

Gravity Co may suspend or terminate services immediately where the Client:

• Fails to make payment;
• Breaches these Terms;
• Provides unlawful, misleading, or infringing material;
• Acts in a manner likely to damage Gravity Co's reputation or operations.

Termination does not affect any outstanding payment obligations owed by the Client.

Any service-specific cancellation rights, notice periods, minimum terms, or phase requirements are governed by the applicable Service Schedule.

Gravity Co may amend, update, or modify these Terms & Conditions from time to time.

Updated Terms become effective from the date they are published or provided to the Client.

Continued engagement of services following any amendment constitutes acceptance of the revised Terms.

These Terms & Conditions, together with any applicable Service Schedule, proposal, invoice, or agreement, constitute the entire agreement between the parties.

If any provision is found unenforceable, the remaining provisions continue in full force and effect.

Any amendment or variation must be agreed in writing by both parties unless otherwise permitted under these Terms.

This agreement is governed by the laws of Queensland, Australia.