Terms and
Conditions

GRAVITATE Digital | Digital Marketing Agency

Website Terms and Conditions

Website Terms of Use

GENERAL

These Terms will be governed by and interpreted in accordance with the laws of New South Wales.

Users will not use the website for any purpose or in any way which is unlawful.

In relation to any dispute arising out of the use of this website, the user and GRAVITATE Digital agree to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts competent to hear appeals from those courts.

The omission of GRAVITATE Digital to exercise any right under these Terms will not constitute a waiver of such right unless formally waived in writing by GRAVITATE Digital.

The website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by GRAVITATE Digital, third parties, or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.

The website provides information of a general nature to members of the public, and advanced features for registered users such as commenting on material or engaging in online collaboration.

From time to time, GRAVITATE Digital may restrict access to some parts or to all of this website. GRAVITATE Digital will not be liable if for any reason some or any portion of this website is unavailable at any time or for any period.

The material on this website is provided for general information and educational purposes in summary form. The content does not constitute recommendations and should not be relied on as such. While every care has been taken in the preparation of this material, GRAVITATE Digital cannot accept responsibility for any errors, including those caused by negligence, in the material. GRAVITATE Digital makes no statements, representations, or warranties about the accuracy or completeness of the information and users should not rely on it. Users are advised to make their own independent inquiries regarding the accuracy of any information provided on this website.

LINKS TO OTHER SITES AND CONTENT

COPYRIGHT AND INTELLECTUAL PROPERTY

Material appearing on this website is subject to copyright vested in GRAVITATE Digital or third parties. All content on this website is protected by Australian and International copyright and other intellectual property laws. Users may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

Users may download, display, or print a copy of material from this website only for personal, non-commercial use, or use within their own organisation provided that:
(a) The website of GRAVITATE Digital is acknowledged as the source, including the reference https://www.gravitatedigital.com.au/;
(b) The material is not amended or modified in any way (including any copyright notice); and
(c) This permission is revocable at any time by GRAVITATE Digital.

All other use of the website content is not permitted without the copyright or trademark owner’s permission. GRAVITATE Digital asserts the right to be recognised as the author of the material and the right to have its material remain unaltered.

Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.

Nothing displayed on the website should be construed as granting any licence or right to use, reproduce, or adapt the GRAVITATE Digital logo without the express written permission of GRAVITATE Digital.

Requests and inquiries concerning reproduction and rights should be addressed to GRAVITATE DIGITAL, PO BOX 250 Cabarita Beach, NSW 2488.
The website may include third-party content subject to that third party’s terms and conditions of use. External website images, if any, accessible on this website are used with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.

The copyright in material appearing on websites that are linked from this website vest in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). Links to third-party websites do not constitute any endorsement or approval of those websites or the owner of those websites.

LIABILITY AND INDEMNITY

GRAVITATE Digital does not warrant the accuracy, reliability, or completeness of the content of the website. The content is provided to users ‘as is’ and on an ‘as available’ basis and on the condition that users undertake all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content of the website may be changed without notice.

GRAVITATE Digital does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness, or completeness of any material contained on its websites or on other websites by links from the website and makes no warranties that the information contained in the website or any links from the website are uninterrupted or error-free, that defects will be corrected, or that the server that makes it available is free of viruses, malicious computer code, or bugs.

GRAVITATE Digital will have no responsibility or liability in relation to any loss or damage that users incur, including damage to their software or hardware, arising from their use or access to the website.

To the extent permitted by law, all other representations, conditions, or warranties, whether based in statute, common law, or otherwise are excluded. Liability of GRAVITATE Digital, for any breach of a term or condition implied by law, is limited at GRAVITATE Digital’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

Users indemnify GRAVITATE Digital against any action, claim, loss, or expense it incurs which arises from their use of the website, including as a result of them submitting content to the website in any form.

INVALIDITY

COMPLAINTS

CHANGES TO THESE TERMS

CONTACT US

Service Terms and Conditions

By engaging the services of GRAVITATE Digital, you confirm that you are in agreement with and are bound by the terms and conditions below:

DEFINITIONS


Client: The entity, company or individual requesting the services of GRAVITATE Digital. The Client is responsible for providing the necessary information, approvals, and payments required for the provision of the services.
GRAVITATE Digital: Owner & employees or affiliates. Our formal trading entity is GRAVITATE Digital Pty Ltd (ABN:99 644 955 000). GRAVITATE is responsible for delivering the agreed-upon Services to the Client.
Engagement Letter: Means this documented Agreement, including the Terms and Conditions, schedules and annexures herein.
Actual Ad Investment: The total monetary amount spent on advertising across various platforms each month.
Ad Investment Budget: The total monetary amount allocated by the Client to be spent on advertising across various digital platforms each month. This budget is provided by the Client and managed by GRAVITATE according to the agreed-upon strategy. GRAVITATE Digital does not pay for the ad investment budget. This is the responsibility of the Client.
Services: The range of digital marketing services provided by GRAVITATE to the Client, as outlined in this Agreement, or as varied in accordance with these Terms and Conditions.
Intellectual Property (IP): All creative materials, concepts, strategies, designs, and content developed by GRAVITATE during the course of providing the Services.
Confidential Information: Any non-public information disclosed by one party to the other under this Agreement that is designated as confidential or that a reasonable person would understand to be confidential based on the nature of the information. This includes, but is not limited to, business strategies, financial records, customer data, trade secrets, and proprietary processes.
Retainer: A pre-agreed sum paid by the Client to GRAVITATE at regular intervals (e.g., monthly) to secure the availability of services or consultancy time over a specified period.
Third-Party Services: Services provided by external vendors or platforms, such as ad platforms (e.g., Google Ads, Facebook Ads), software tools, or other resources that GRAVITATE may utilise or recommend as part of delivering the Services.

FEES

1. All pricing in this Agreement is exclusive of GST and is in Australian Dollars.
2. Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable on the date of the tax invoice. You consent to us sending our tax invoices to you electronically at your usual email address or as specified by you.
3. If Client defaults on payment of any invoice when due, Client will communicate reasons and solutions to rectify this for both parties.
4. Payment delays over 1 month after the date of invoice may be due with a 10% per month interest on the original invoice until invoice and interest is paid in full.
5. If payment is delayed, GRAVITATE Digital reserves the right to pause Services until payment is received in full.
6. Hourly fees for additional work beyond the current Services will be billed at GRAVITATE Digital’s standard rates under this Agreement and is dependent upon the level of detail, who is involved and the complexities of the work required. No work or charges will be initiated without first being discussed with the Client.
7. ln the event that the entity invoiced by GRAVITATE Digital for the Services is unable to discharge its liabilities, then the entity’s Directors or Trustees agree to personally indemnify GRAVITATE Digital for any such liability.
8. Fees are subject to change at any time and any change will be communicated with the Client in advance.

GST

ACCEPTANCE, VARIATION AND EXTENSION

SEVERANCE

PUBLICITY

NOTICES

WARRANTIES, INDEMNIFICATION & DISCLAIMERS

DELAYS

SAFE WORKING ENVIRONMENT

CHANGES

COMPLAINT HANDLING

INDEPENDENT LEGAL ADVICE

GOVERNING LAW AND JURISDICTION

FORCE MAJEURE

LIMITATIONS OF LIABILITIES

RELATIONSHIP OF PARTIES

EMPLOYEES, SUBCONTRACTORS AND OTHER OUTSOURCED THIRD PARTY SERVICES

PRIVACY AND CONFIDENTIALITY

1. The Client acknowledges that the Services may involve handling information that some consumers may consider sensitive. GRAVITATE Digital is committed to respecting consumers' requests to remove their names, mailing addresses, email addresses, or telephone numbers from solicitation lists. The Client's agreement to comply with this policy is a fundamental condition of entering into this Agreement.
2. To maintain transparency with customers visiting the Client’s website, it is suggested to update the website privacy policy and GDPR notifications with an addition such as the following: It is the responsibility of the Client to do this: We allow Gravitate Digital Pty Ltd unfettered access to specific marketing and sales information to perform various digital business activities on our behalf. GRAVITATE Digital acts on our behalf and, as such, is not liable for any privacy breaches or legal omissions, as detailed in their terms and conditions available on their website (https://gravitatedigital.com.au/). This is not legal advice.
3. Both parties agree to keep all information, documentation, data, and know-how shared under this Agreement confidential.
4. Both parties agree not to disclose any confidential information concerning the business, affairs, processes, clients, or suppliers of the other party, except as permitted below:
a) GRAVITATE Digital may disclose the Client’s confidential information to its employees, officers, representatives, subcontractors, or advisers who need to know such information to fulfil GRAVITATE Digital's obligations under this Agreement. GRAVITATE Digital shall ensure that these individuals comply with this confidentiality clause.
b) Confidential information may also be disclosed as required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under this Agreement.
5. The confidentiality obligations shall survive the termination of this Agreement.

DATA PROTECTION

INTELLECTUAL PROPERTY (IP)

1. Any client marketing accounts created or maintained by GRAVITATE Digital for the purposes of providing Services to the Client shall be the property of the Client e.g. Google Ads Account, Instagram Account or Klaviyo Account. The Client shall have unfettered access to these accounts during the term of the Agreement and after its termination or expiry.
2. Removal of IP - GRAVITATE Digital reserves the right to remove any intellectual property from marketing platforms, documents (print and electronic), ad accounts, websites, or correspondence if it deems the IP to be redundant or if it involves GRAVITATE Digital's unique frameworks, audiences, strategies, or advertising techniques. GRAVITATE Digital may exercise this discretion as necessary to safeguard its intellectual property.
3. GRAVITATE Digital IP - GRAVITATE Digital owns valuable intellectual property used to provide the Services. This includes copyright and other IP rights in recommendations, marketing platforms (e.g., Facebook Ads, Google Ads), emails, action plans, creative descriptions, design, documentation, and know-how created by GRAVITATE Digital. This IP is intended solely for the Client's use and must not be shared with third parties without GRAVITATE Digital's written consent.
4. Client IP - The Client may contribute its own intellectual property to assist GRAVITATE Digital in providing the Services. All Client IP, including keywords, creative descriptions, and other company-wide intellectual property, remains the property of the Client. GRAVITATE Digital is granted a limited, royalty-free licence to use the Client’s IP for the duration of this Agreement, solely as necessary to provide the Services.
5. Proprietary Information - Proprietary Information remains the sole property of GRAVITATE Digital. The Client has only the limited rights expressly granted in this Agreement, with all other rights in relation to GRAVITATE Digital’s Proprietary Information reserved. The Client may not alter, maintain, enhance, or modify the Proprietary Information, nor disassemble, decompile, manipulate, or reverse engineer it. The Client is also prohibited from selling, publishing, displaying, copying, distributing, or making the Proprietary Information available in any form, except as expressly permitted by this Agreement, or as allowed under the fair use provisions of Australian law. The Client is responsible for protecting the security of the Proprietary Information and preventing unauthorised access, use, or disclosure.
6. Account and User Management - The Client is responsible for removing accounts and users at the conclusion of the work together.
7. Client’s Content - The Client guarantees that all text, images, or other artwork provided to GRAVITATE Digital are either owned by the Client or that the Client has permission to use them. The Client must communicate any required recognition to GRAVITATE Digital.
8. Third-Party Rights - GRAVITATE Digital will obtain any necessary releases, licences, permits, or other authorisations to use third-party testimonials, copyrighted materials, photographs, artwork, or other property or rights directly obtained by GRAVITATE Digital for the Services.
9. Ownership Transfer - Upon final payment for the Services, copyright for the visual elements created by GRAVITATE Digital for the Services will be transferred to the Client. GRAVITATE Digital will provide source files and finished files (if applicable) but is not required to retain copies. The Client retains ownership of all elements of text, images, and data provided, unless otherwise owned by a third party.
10. Indemnification - The Client must indemnify and hold GRAVITATE Digital harmless from any claims or legal actions related to the content of the Client in connection with the Services.

THIRD-PARTY AUDIT

THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS

1. The execution and delivery of this Agreement, including any future amendments or variations, will not result in a breach of, or create rights for any other party to terminate or modify, (i) any licence, sublicense, or other agreement relating to any Intellectual Property, or (ii) any licence, sublicense, or other agreement relating to Third-Party Intellectual Property.
2. The Client must identify and inform GRAVITATE Digital of any material licences or agreements under which the Client has licensed, distributed, or otherwise obtained rights to any Third-Party Intellectual Property.
3. GRAVITATE Digital is not liable for any third-party intellectual property used in connection with the Services.
4. Except as otherwise stated in the Scope, the Client is solely responsible for obtaining any necessary third-party Intellectual Property Rights to enable the delivery of Services or the performance of obligations under this Agreement. The Client must indemnify, defend, and hold harmless GRAVITATE Digital (and any others acting under its authority) from any loss, liability, damage, or expense (including court costs and attorney fees) arising from claims of infringement related to such Intellectual Property Rights in connection with the Services or GRAVITATE Digital’s performance of its obligations.
5. While GRAVITATE Digital endeavours to recognise the suitability of third-party components, such as payment gateways or SSL certificates, any unforeseen limitations of these components are beyond our control. GRAVITATE Digital takes no responsibility for open-source products, including but not limited to WordPress, open-source carts, Shopify, etc. It is the Client's responsibility to update all components and third-party software.
6. GRAVITATE Digital offers packages in coordination with third-party providers, and any changes to the third-party provider’s rules or policies may ultimately affect the Services we provide.

TERMINATION

1. Termination by GRAVITATE Digital - GRAVITATE Digital may terminate this Agreement at any time, with written notice, and without cause.Termination by Client - For all Services, the Client may terminate the Agreement by providing 30 days' written notice to GRAVITATE Digital, provided that all fees owing under this Agreement, including any outstanding and cancellation period fees, are paid in full unless otherwise agreed in writing by GRAVITATE Digital. Specifically for Email Marketing Services, the Agreement may only be terminated by the Client after the initial Retainer Duration and with 30 days' written notice. Termination will only take effect once all outstanding balances and invoices are paid in full.
2. Breach of Agreement - Either party may suspend or terminate this Agreement with immediate effect by giving written notice if the other party breaches any provision of this Agreement. GRAVITATE Digital will not be liable for any loss or damage the Client suffers as a result of GRAVITATE Digital exercising its rights under this clause.
3. Post-Termination Obligations - Upon the expiry or earlier termination of this Agreement, each party must promptly return or, at the other party’s option, destroy all confidential information and materials belonging to the other party that are in its possession, custody, or control.
4. Accrued Rights - Termination of this Agreement will not affect any rights or remedies that have accrued to either party prior to termination, including the right to claim damages for any breach that existed at or before the date of termination.
5. Outstanding Payments - Termination will only take effect once all outstanding balances and invoices are paid in full.
6.Liability Disclaimer - GRAVITATE Digital is not liable for any occurrences within the Client’s marketing platforms and accounts before or after the term of this Agreement.
7. Non-Response - If the Client does not respond to information requests within 30 days, GRAVITATE Digital reserves the right to cancel this Agreement without further obligation or notice.

EXIT ARRANGEMENTS

REPORTING

FEEDBACK AND REVIEW OF WORK

SERVICES

1. GRAVITATE Digital agrees to provide the Client with Services as outlined in this Agreement.
2. GRAVITATE Digital will carry out work only for Clients who are 18 years of age or above.
3. Our advice and information is for your sole use, and we accept no responsibility to any third party, unless we have expressly agreed in this engagement letter that a specified third party may rely on our work.
4. The Services and any material provided to GRAVITATE Digital pursuant to the Services will not infringe any third party’s intellectual property rights; and it will comply with all applicable laws in respect of the subject matter of this Agreement, including without limitation, the Australian Privacy Act, 1988.
5. Client agrees to cooperate with GRAVITATE Digital in all matters relating to the Services and provide such access to the Client's premises and data and such office accommodation and other facilities as may reasonably be requested by GRAVITATE Digital and as necessary, for the purposes of the provision of Services.
6. GRAVITATE Digital deploys only white-hat services and marketing strategies. No spam marketing or invasive marketing will be undertaken.
7. GRAVITATE Digital is not responsible for commenting to Client’s customers who reply on active ads, emails, SEO listings, website or social posts, or for any spam/reported/negatively viewed or perceived marketing, or for the comments or engagement responses of the audiences.
8. You acknowledge that any GRAVITATE Digital Services may be detrimentally affected if Client has:
a) Employed the services of another digital marketing agency in relation to the Services, or
b) Created any duplicate sites, duplicate content or pages, redirects or doorway pages, pixel data, or
c) Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the website or GRAVITATE Digital’s relationship with Facebook and Google advertising.
9. Client will make GRAVITATE aware of the skills and experience of its employees that are collaborating to support the Services.
10. GRAVITATE Digital is not liable for any outcomes or results arising from the use of copy, content, or the Services.
11. All marketing liabilities are to remain with the Client, including Ad Investment Budget and platform subscription fees.
12. Client marketing accounts that are managed by GRAVITATE Digital are accessible to the Client for perusal at all times.
13. Client provides permission to GRAVITATE Digital to communicate directly with any and all necessary Client employees and contractors, including third-party contacts in relation to the execution of the Services.
14. Client is responsible for ensuring that their website is always active and accessible.
15. Client is responsible for being accessible and providing the necessary content, copy, and access to complete the Services to the best of GRAVITATE Digital’s ability.
16. Client is responsible for the accuracy, completeness and propriety of information concerning your products and services furnished to GRAVITATE Digital verbally or in writing in connection with the performance of this Agreement.
17. GRAVITATE Digital is not responsible for the purchase, maintenance or renewal of Client domain names or website platform subscriptions.
18. GRAVITATE Digital is a paperless organisation. Unless otherwise specified in the Agreement, any text will be provided by the Client in electronic format (via e-mail, Dropbox or Google Drive) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by GRAVITATE Digital to return to the Client any images or printed material provided for use in creation of the Services, such return cannot be guaranteed.
19. GRAVITATE Digital holds no responsibility for content or copy that is copyright or another's intellectual property. This responsibility exists with the Client to ensure that they own or have approval to use any/all content and copywriting. Any adjustments or changes to content or copy after creation will be billed at an hourly rate.
20. Web Browsers - Client agrees that GRAVITATE Digital cannot guarantee correct functionality with all browser software across different operating systems. As such, GRAVITATE Digital reserves the right to quote for any work involved in changing the website design, content creation etc for it to work with updated browser software.
21. Post-Placement Alterations - GRAVITATE Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website once installed. Such alterations include, but are not limited to additions, modifications or deletions.
22. Websites and ads or any content relating to the Services cannot be used to disseminate, communicate, store or transmit: content sexually-explicit in nature, information that contains virus', worms or malicious elements, copyright infringing data; trade secret protected data; data that infringes; on any intellectual property, publicity rights or privacy rights; is defamatory, harassing or threatening; relates to illegal business operations or schemes; contains deliberately misleading, incomplete or deceptive content; or is deemed inappropriate by GRAVITATE Digital. ​

PERFORMANCE MARKETING SERVICES (ADS MANAGEMENT)

1. GRAVITATE Digital is authorised by the Client to manage the ads accounts on behalf of the Client via the respective social media ads platforms detailed in this Agreement.
2. Account Management and Responsibility:
a) Landing Page Changes - Changes to landing pages can impact ad effectiveness. The Client must consult with GRAVITATE Digital before making any changes to landing pages and their website structure to avoid disruptions in ad performance.
b) Learning Period: The nature of paid advertising relies on data feedback and learning from results over time. A learning phase of at least three months is necessary to collect and analyse data and implement optimization techniques. Accounts active for less than three months may not reflect the long-term performance potential of the ads, GRAVITATE Digital performance or the potential of performance marketing as a whole for your brand.
c) Facebook Pixel: The Facebook Pixel is an analytics tool that measures ad effectiveness by tracking user actions on a website. If a pixel is not already installed on the Client’s website, GRAVITATE Digital will provide the Client POC with instructions for installation, either internally or through the website developer.
d) Google Tag Manager: Google Tag Manager allows for the updating of tags on a website or mobile app. If tags are not already set up on the Client’s website, GRAVITATE Digital will provide the POC instructions for installation. GRAVITATE Digital will not install tags unless otherwise agreed.
e) Comment and Direct Message (DM) Management: To enhance ad performance, it is strongly recommended that the Client manages and responds to all comments, direct messages, and reviews on social media pages, posts, and ads. GRAVITATE Digital will not respond to comments or DMs.
3. Ad and Content Rejection:
a) GRAVITATE Digital is not responsible for ads, content or copy that is rejected by advertising platforms.
4. Account Disablement:
a) GRAVITATE Digital is not responsible for disabled or restricted ads accounts.
b) Various factors outside of ads management control can affect account health. These factors can encompass the lifespan of the Client's business, the prior health and setup of Instagram handles, Facebook pages, websites, ad accounts, including targeting, billing, framework, and ad health. Additionally, current or updated landing pages, product or service page quality, compliance with regulations, ad policies, industry restrictions, and local/international rules can contribute to disablement.
c) While GRAVITATE Digital takes pride in its policy knowledge and acts with due diligence and in the Client’s best interests, we cannot guarantee the prevention of account disablement. The Client acknowledges that GRAVITATE Digital cannot be held liable for any account shutdowns or restrictions that may occur during set up or management.
d) The Client is responsible for engaging directly with the platform to rectify account health issues, which may require providing business verification documents, ID verification, and proof of account ownership.
e) Assistance with reinstating disabled accounts will be billed at GRAVITATE Digital’s standard hourly rates. Alternatively, should the Client request GRAVITATE Digital's assistance in resolving a disabled account during the month of management, the Client acknowledges and agrees that the full monthly management fee will apply. This fee will cover the necessary time spent by GRAVITATE Digital to liaise with the platform and assist in the resolution process.
5. Budget Management:
a) Budget Fluctuations - GRAVITATE Digital deploys budget monitoring and capping procedures; however, actual ad spend may fluctuate by 10-20% over or under each month. GRAVITATE Digital is not liable for ad spend above the budget, though our goal will always be to spend at or slightly below the target budget.
b) Ad Investment: Where Actual Ad Investment is below the Ad Investment Budget, GRAVITATE Digital’s fees remain the same. If the Ad Investment c) Budget exceeds the Ad Investment Budget, GRAVITATE Digital’s fees will increase according to our pricing and will be invoiced in arrears.
d) Budget Adjustments: If the Client wishes to reduce their Ad Investment Budget during a month, the management fee for the current month will not be reduced. The new management fee will apply in the following month.
e) Budget Caps: GRAVITATE Digital will endeavour to spend up to the Ad Investment Budget within the allocated time frame. Budget cap-out limits may be set to cap the ad spend, and budget caps may also be used as part of a strategy to conserve the budget for later use.
f) Client Modifications: No changes to any ads account managed by GRAVITATE Digital (e.g., creating ads, boosting posts, adding users, changing budgets) should be made by the Client without prior written notice to and agreement from GRAVITATE Digital.
g) Monthly Budget Use: The first monthly Ad Investment Budget will continue each month unless otherwise communicated in writing at least three business days in advance of a new management month.
6. Ad Compliance:
a) The Client is responsible for ensuring that all ad content complies with applicable advertising laws and platform policies.
GRAVITATE Digital reserves the right to refuse to run ads that do not meet compliance standards.
7. Ad Account Access:
a) The Client must grant GRAVITATE Digital full access to the ads accounts for effective management. Any restrictions in access may limit the effectiveness of the campaigns and will not be grounds for a refund or reduction in fees.
8. Non-Disclosure (Custom Audiences):
a) Custom Audience Data: The Client must use custom audience data, such as email addresses and phone numbers, in compliance with Facebook’s Custom Audiences feature and applicable laws. The data must be locally hashed before being uploaded to Facebook.
b) How you as the Client and us as the agency are going to use your custom audience data correctly - Facebook’s custom audiences feature enables you (our Client) to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept,” passing to Facebook the Hashed Data, or using custom audiences or advertising, you agree to the following:
i) Data Ownership and Permissions: The Client represents and warrants that they have all necessary rights and permissions to use and disclose the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines.
ii) Compliance and Monitoring: The Client agrees to comply with Facebook’s terms for using custom audiences and acknowledges that Facebook may modify, suspend, or terminate access to the custom audiences feature at any time. GRAVITATE Digital will not be responsible for any actions taken by Facebook regarding the custom audiences feature.
9. Non-disclosure:
a) If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these Terms and Conditions.
b) If you are providing Hashed Data, you agree to only provide the agency with data that is owned by you as the advertiser and not to augment or supplement the data with other data except as expressly authorised by Facebook. You represent and warrant that you have the authority to use such data on their behalf and will bind the advertiser to these Terms and Conditions. You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honouring or provided to opt out of having that data disclosed and used by you or on your behalf for targeted advertising.
c) To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.
d) You instruct Facebook to use the Hashed Data for the matching process.
e) Facebook will not share the Hashed Data with third parties or other advertisers and will delete the Hashed Data promptly after the match process is complete. Facebook will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise the custom audience(s) created from your Hashed Data (“your custom audience(s)”), including by maintaining technical and physical safeguards that are designed to
i) protect the security and integrity of data while it is within Facebook’s systems; and
ii) guard against the accidental or unauthorised access, use, alteration or disclosure of data within Facebook’s systems.
f) Facebook will not give access to or information about the custom audience(s) to third parties or other advertisers, use your custom audience(s) to append to the information we have about our users or build interest-based profiles, or use your custom audience(s) except to provide services to you, unless we have your permission or are required to do so by law.
g). Facebook may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time.
h) You may delete your custom audience(s) from the Facebook system at any time through your account tools.You may not sell or transfer custom audiences, or authorise any third party to sell or transfer custom audiences. These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Guidelines at https://www.facebook.com/ ad_guidelines.php, and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is part of “Facebook” under Facebook’s Terms of Service (https://www.facebook.com/ legal/terms, the “Terms”), and your use of the custom audiences feature (including your use of data) is deemed part of your use of, and actions on, “Facebook.”
i) In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time.

REAL ESTATE MARKETING SERVICES

1. Data Feed Requirements -  Our real estate agency package includes dynamic retargeting based on your listing feeds and CRM data. This service can only be provided if you supply a feed from your CRM that is similar to the one sent to Domain or REA Group. Failure to provide this feed will not entitle you to a reduction in the package price. The Client must ensure that the data feed provided from their CRM is compatible with GRAVITATE Digital's systems. Any technical issues related to the feed's format or compatibility that prevent the implementation of dynamic retargeting will not be considered grounds for a refund or discount. The Client is responsible for coordinating with their CRM provider to ensure the data feed meets the necessary requirements.
2. Timely Updates - The Client is responsible for promptly notifying GRAVITATE Digital of any changes to listings, open house times, or other relevant details. GRAVITATE Digital requires at least 48 hours' notice to update advertisements accordingly. Failure to provide timely updates may result in outdated information being displayed, for which GRAVITATE Digital will not be held liable.
3. Accuracy of Information - All listings and open house times will be accurate at the time our advertising goes live. GRAVITATE Digital is not responsible for any changes to times or dates if sufficient notice is not provided. The Client warrants that all information provided for advertising purposes, including property details, pricing, and availability, is accurate and up-to-date. GRAVITATE Digital will not be held responsible for any inaccuracies or discrepancies in the information provided by the Client.
4. Compliance with Advertising Regulations - The Client must ensure that all property listings and advertisements comply with applicable real estate advertising regulations and laws. Any legal or regulatory issues arising from the content of the advertisements are the sole responsibility of the Client. GRAVITATE Digital reserves the right to refuse or modify any content that does not comply with legal standards.

EMAIL MARKETING SERVICES

1. Compliance
a) The Client commits to full compliance with the Spam Act 2003 of Australia. It is the Client's responsibility to ensure that all email marketing campaigns and strategies executed on their behalf as part of the Services, adhere strictly to the guidelines and regulations set forth by this act.
b) The Client agrees to regularly monitor and audit their email marketing practices to ensure ongoing compliance with the Spam Act 2003 and other relevant regulations. This includes periodic reviews of consent records, opt-out procedures, and overall email practices.
GRAVITATE Digital may assist in these reviews upon request, but the ultimate responsibility for compliance rests with the Client.
2. Opt-In Procedures:
a) Explicit Consent: The Client is responsible for ensuring that all recipients of email campaigns managed by GRAVITATE Digital have given explicit consent to receive such messages.
b) Record Keeping: The Client will maintain records of all opt-ins to provide evidence of explicit consent when required.
3. Opt-Out Procedures:
a) Unsubscribe Mechanism - Every email sent as part of a campaign will contain a clear and accessible mechanism for the recipient to unsubscribe from future communications.
b) Prompt Removal - The Client is responsible for ensuring that once a recipient opts out or unsubscribes, their email address is removed from the mailing list within a maximum of five business days, ensuring no further commercial messages are sent.
4. Handling Complaints:
a) Receipt of Complaints - Any complaints related to email campaigns, whether about content or frequency, will be directed to the Client for a response.
b) Response Time - All complaints will be acknowledged by the Client within three business days of receipt. A comprehensive investigation and response will be provided to the complainant within 15 business days.
c) Action and Rectification - Based on the nature of the complaint, appropriate action will be taken by the Client.
d) Record of Complaints - The Client will maintain a record of all complaints received, actions taken, and any changes implemented as a result.
5. List Management:
a) Handling and Maintenance - The Client is responsible for properly handling and maintaining their email list. This includes storing the list in secure environments, implementing data protection measures, and ensuring the integrity of the list.
b) Monitoring - The Client will regularly monitor and update mailing lists to ensure that all opt-out requests are honoured promptly.
Ethical and Legal Sourcing - All email addresses added to the Client's list must be obtained through legal and ethical means. This includes ensuring explicit consent has been given by the individual associated with the email address, verifying that email addresses sourced from third-party vendors have been obtained ethically and legally, and abstaining from practices like email scraping or purchasing bulk lists without consent verification.
c) Transparency with Client - GRAVITATE Digital will provide, upon the Client's request, detailed information regarding the sourcing of any email addresses added to the list during this engagement, including the methods of acquisition and any third-party involvement.
d) List Ownership - The Client retains full ownership of their email list. GRAVITATE Digital will not claim ownership, use the list for purposes outside the scope of this Agreement, share it with third parties, or use it post-engagement without the Client's explicit consent.
e) Data Protection and Security - The Client is responsible for employing industry-standard security measures to protect the email list from unauthorised access, data breaches, or any potential misuse.
f) Data Breach Notification - In the event of a data breach affecting the email list, the Client must notify GRAVITATE Digital and any relevant authorities as required by law within 72 hours of becoming aware of the breach. The Client is responsible for managing the breach response, including communicating with affected individuals, if necessary. GRAVITATE Digital will cooperate with the Client in addressing the breach and mitigating any potential harm.
h) Service Termination - Upon termination of this Agreement, GRAVITATE Digital will, at the Client's direction, either transfer the email list back to the Client or securely delete it from GRAVITATE Digital’s systems if it is stored outside the Email Marketing Platform. The Client must provide written instructions regarding the preferred handling of the email list within 10 business days of termination. If no instructions are received, GRAVITATE Digital will securely delete the email list from its systems if stored.
i) Liability Limitation - GRAVITATE Digital shall not be liable for any issues arising from the Client’s non-compliance with the Spam Act 2003 or other relevant laws, particularly when acting on the Client’s instructions. The Client assumes full responsibility for ensuring that all email marketing activities, including consent and list management, adhere to legal requirements. GRAVITATE Digital’s liability is limited to the extent permitted by law and excludes any indirect, incidental, or consequential damages.

SEARCH ENGINE OPTIMISATION (SEO) SERVICES

1, Client Access and Cooperation: The Client agrees to provide GRAVITATE Digital with access to the necessary website(s) and backend systems to perform SEO activities. This includes, but is not limited to, administrative access, FTP credentials, and access to content management systems.
2. Third-Party Tools: GRAVITATE Digital may use third-party tools and software for keyword research, analytics, backlink tracking, and other SEO activities. The Client agrees to provide access to necessary accounts or credentials if required.
3. No Guarantee of Results: GRAVITATE Digital does not guarantee any specific position in search engine results or performance improvements for the Client’s website. The SEO services provided are based on best practices and industry standards; however, search engine algorithms and ranking factors are outside the control of GRAVITATE Digital.
4. Ongoing Optimisation: SEO is an ongoing process that requires continuous monitoring and adjustments. The Client acknowledges that search engine optimisation efforts may take several months to show significant results, and ongoing optimisation is necessary to maintain and improve rankings.
5. Changes to Client’s Website: Documentation and Approval - All recommended changes to the Client’s website will be documented if required. The Client is responsible for implementing these changes unless otherwise agreed upon. GRAVITATE Digital is not responsible for implementing changes unless specifically discussed and agreed. The responsibility for the changes remains with the Client.
6. Content Ownership and Licensing: Content Creation: Any content created by GRAVITATE Digital for the Client, including blog posts, articles, and landing pages, will become the property of the Client upon full payment.
7. Pre-existing Content: The Client warrants that any pre-existing content provided to GRAVITATE Digital does not infringe on any third-party intellectual property rights.
8. Responsibility for Content Updates: If the Client is responsible for implementing content updates, they must do so within a reasonable timeframe to ensure that SEO strategies remain effective. Delays in implementation may affect the overall performance and effectiveness of the SEO campaign.
9. Impact of External Changes: The Client acknowledges that external factors, such as changes to search engine algorithms, competitor actions, or updates to industry regulations, may impact SEO performance. GRAVITATE Digital will adjust strategies in response to these changes, but cannot be held liable for any negative effects caused by external factors.
10. Approval of Link-Building Strategies: Link-building is a critical component of SEO. GRAVITATE Digital will propose link-building strategies for the Client's approval. The Client acknowledges that the quality and relevance of backlinks are essential to avoid penalties from search engines.

DIGITAL CONSULTING SERVICES

1. Billing and Time Allocation - Digital Consulting services are billed at a rate that includes 1.5 hours of total consulting time: 15 minutes for the pre-meeting investigation, 1 hour for the consulting call/meeting, and an additional 15 minutes for the preparation of post-meeting summary notes and actions.
2. Client Responsibilities:
a) Provision of Information - The Client agrees to provide GRAVITATE Digital with all necessary information and access to relevant digital assets, such as websites, analytics accounts, and other platforms, at least 2 business days before the scheduled consulting session. This will enable a more effective and informed consulting process.
b) Meeting Scheduling - The Client must schedule the consulting call/meeting at a mutually agreed time. Any changes to the scheduled time must be communicated at least 24 hours in advance. Failure to provide adequate notice may result in the full consulting fee being charged.
c) Implementation of Recommendations - The Client is responsible for the implementation of any recommendations or suggestions provided during the consulting session. GRAVITATE Digital is not responsible for the outcomes of the implemented strategies unless further services are contracted.
3. Additional Services:
a) Extended Consulting Time - If additional consulting time is required beyond the 1.5 hours included in this service, it will be billed at GRAVITATE Digital’s standard hourly rate. The Client will be notified and must approve any additional time before it is incurred.
b) Follow-Up Consultations - Should the Client wish to schedule additional follow-up consultations or require further assistance beyond the initial session, these will be treated as separate Services and billed accordingly.
4. Cancellation and Rescheduling:
a) Cancellation Policy - Cancellations must be made in writing at least 24 hours before the scheduled consulting session. Cancellations made within this timeframe will not incur a fee. Cancellations made with less than 24 hours' notice may be subject to a cancellation fee equivalent to the full consulting fee.
b) Rescheduling - If the Client needs to reschedule the consulting session, they must provide at least 24 hours' notice. GRAVITATE Digital will make every effort to accommodate the new schedule, but the Client acknowledges that availability may be limited.
5. Liability - GRAVITATE Digital provides consulting services based on best practices and industry knowledge. However, the Client acknowledges that the success of any recommendations is dependent on various factors beyond GRAVITATE Digital's control. As such, GRAVITATE Digital cannot guarantee specific outcomes and is not liable for any losses or damages resulting from the implementation of the advice provided.

BRAND SERVICES

1. Client Responsibilities:
a) Provision of Information - The Client is responsible for providing all necessary information, including current brand assets, company history, target audience details, and any other relevant materials, to support the development of the brand identity and positioning.
b) Collaboration and Feedback - The Client agrees to actively participate in the branding process by providing timely feedback and approvals during each phase of the project. Delays in feedback may affect the project timeline.
c) Approval of Final Deliverables - The Client will be required to approve all final deliverables before the project is considered complete. Once approved, any additional changes may be subject to additional fees.
2. Ownership and Licensing:
a) Ownership of Deliverables - Upon full payment, the Client will own all final deliverables, including logos, visual identity elements, and the Style Guide. GRAVITATE Digital grants the Client a perpetual, worldwide licence to use these materials across all media.
b) Use of Pre-Existing Assets - If the Client provides any pre-existing brand assets for use in the project, the Client warrants that they have the necessary rights and permissions to use those assets. GRAVITATE Digital will not be liable for any infringement claims related to the use of such assets.
c) Third-Party Materials - Any third-party materials or stock images used in the development of the brand identity will be licensed to the Client according to the terms of the respective providers. The Client agrees to comply with all licensing terms and restrictions.
3. Revisions and Additional Work:
a) Revisions - This Service includes a specified number of revision rounds as agreed upon in the Scope of Work. Any additional revisions beyond this Scope will be billed at GRAVITATE Digital’s standard hourly rate.
b) Additional Work - If the Client requests additional services or modifications beyond the original scope of work, GRAVITATE Digital will provide a separate estimate for the additional work. The additional work will only proceed upon Client approval.
4. Liability and Warranty:
a) No Guarantee of Market Success - While GRAVITATE Digital will make every effort to create a compelling and effective brand identity and positioning strategy, the Client acknowledges that success in the marketplace depends on a variety of factors beyond GRAVITATE Digital’s control. Therefore, GRAVITATE Digital does not guarantee specific results or market success.
b) Warranty of Originality - GRAVITATE Digital warrants that the deliverables created for the Client will be original and not infringe on the intellectual property rights of any third party. In the event of any such claims, GRAVITATE Digital will address the matter in accordance with applicable laws.
5. Cancellation of Work: If the Client cancels the project after approving any phase of the work, no refunds will be provided for the work completed. The Client will still be responsible for payment of any outstanding invoices related to the project.

SOCIAL MEDIA MARKETING SERVICES

1. Community Engagement - this Service does not include responding to customer service inquiries or direct messages, which must be moderated by the Client’s internal support team.
2. Exclusions:
a) The Social Media Marketing Service does not include the creation of Stories, Reels, or other video content. These services are considered separate and will require a distinct content scope of work.
b) Responding to customer service inquiries or direct messages is not included and must be handled by the Client's internal team.
3. Additional Graphic Design: Any graphic design work outside the use of branded template tiles will be billed at our hourly rate. This includes creating custom graphics, non-standard designs, or any additional visual content requested by the Client.
4. Client Responsibilities:
a) Content Approval - The Client is responsible for approving all content before it is scheduled for posting. GRAVITATE Digital will provide content drafts for review, and any changes must be communicated promptly to avoid delays in scheduling.
b) Brand Guidelines - The Client must provide GRAVITATE Digital with clear brand guidelines, including tone of voice, preferred imagery, and any specific language or terms that should be used. This will ensure that all posts and community engagement align with the Client's brand identity.
c) Access to Accounts - The Client agrees to provide GRAVITATE Digital with the necessary access to social media accounts and any other relevant platforms or tools needed to perform the services.
5. Content Ownership - All content created by GRAVITATE Digital, including social media posts, copywriting, and graphics, becomes the property of the Client upon full payment.
6. Licence for Stock Images - GRAVITATE Digital will source stock images as required for posts. The use of these images is subject to the licensing terms of the stock image provider, and the Client agrees to comply with those terms.
7. Strategy Adjustments - Based on the monthly review, GRAVITATE Digital may suggest changes to the social media strategy to better align with the Client’s goals. The Client is encouraged to collaborate with GRAVITATE Digital to continuously refine and improve the social media presence.
8. Cancellation of Scheduled Posts - If the Client wishes to cancel any scheduled posts, they must provide at least 2 business days' notice to GRAVITATE Digital to ensure the posts can be removed without impacting the content schedule.
9. Liability - GRAVITATE Digital will exercise reasonable care in managing the Client's social media presence. However, the Client acknowledges that social media platforms are subject to external factors and algorithms outside the control of GRAVITATE Digital, and as such, specific results cannot be guaranteed. GRAVITATE Digital is not liable for any losses or damages resulting from the performance of social media content or engagement.

WEBSITE AND CRO SERVICES

1. Fees:
a) 25% Deposit is required before the commencement of the Service, remainder billed throughout the project.
b) Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges. Any modifications requested during the development or after the Launch date will incur additional charges. All additional work, over and above the estimates will be charged separately at our hourly rate.
c) If, at any stage, you're not happy with the direction our work is taking, we encourage more communication to align ourselves. If, for any reason, you wish to cease beyond a current phase, you agree to pay us in full for everything we've produced up to that point, including the current phase, before we will cancel this Agreement and commence the terms of the 'Term and Termination' clause found at the end of this document.
d) Final fees are to be confirmed as it will depend on the final website features list that we clarify during Onboarding and Strategy. We're flexible and will do our best to incorporate small changes as they arise. Any larger change requests during the project (after signing off on the above scope) may incur extra fees, for which we'll provide an estimate before going ahead. Above all, we'll make sure the website gets launched with minimal fuss and we will be here to help through the whole process right through to completion. Examples of other foreseeable and ongoing costs not included in our Fees are provided below for your information, and are not paid to GRAVITATE if they are required as payment will be directly with the third party provider: PayPal and Payment Gateway fees from merchants such as PayPal, Stripe, eWay, Shopify Payments, etc., Calendar and scheduler programs, Invoicing and booking applications, Website monthly plan. This cost varies depending on your needs, Any website apps that you have approved to be integrated with your website will be charged to you directly by the app company or website company, Website Theme templates, Any other integrations that you have approved e.g. Reckon, Xero, 3PL etc
2. Explore essential pages to develop: During the website development process, we will deep dive into exactly what we create during our build together. Note: We have quoted you on fixed number of pages and sections. If you would like to add additional pages or sections to the website, we are happy to provide an additional scope of work for this. During setup, we will portion the website build into who will internally create pages along with GRAVITATE creating the set number of pages in our scope.
3. Website integrations: Shopify / Wix / Squarespace are powerful website platforms. These are hosted services so you don't need to worry about buying a hosting package. All you need to do is own your domain and we can point it to your new site. Your website is a third-party product not owned by us, so we aren't responsible for any issues that may arise after launch, such as downtime or bugs in the control panel. The support team should be able to help you. We are always available to help and encourage an ongoing relationship - either on retainer or ad hoc hourly as required.
4. 3rd Party apps: 3rd Party apps are functioning outside of our control and therefore, may change, glitch, drop out, change pricing, service or level of quality. We do our best to ensure we're using apps we already use in our own and other client accounts for confidence, however we are not responsible for any issues you have with these 3rd Party apps, such as downtime or bugs. The respective app support team should be able to help you. We are always available to help and encourage an ongoing relationship - either on retainer or ad hoc hourly as required.
5. Browser testing: Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean checking that a person's experience of a design is appropriate to the capabilities of a browser or device. We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We won't test in what we deem as older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that. Testing popular small-screen devices is essential so that a person's experience of a design is appropriate to the capabilities of the device they're using. We test our work in various iterations of: iOS: Safari, Android: Google Chrome, Firefox. We currently don't test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that or feel free to have your internal team carry out testing to cover the array of device sizes. Please note that some trade offs for one device over another may be required to keep the theme responsive (working smoothly on all devices).
6. Access: Materials, information and resources required from you:
a) Existing brand assets including brand guidelines, logos, fonts, colours etc
b) Website page copy e.g. FAQ, Terms and Conditions, Contact information
c) Website content - You’ll need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. Cost of buying stock photographs, searching for stock photographs or a photo shoot is not included in this Scope of Work.
d) We will require appropriate access to the following platforms that you use: Shopify / Webflow / Wix / Squarespace, Google Analytics, Any other third party apps or platforms integrated into the existing website that you wish to continue utilising.
7. Approvals:
a) GRAVITATE will provide your appointed contact with an opportunity to review the appearance, design, copy and content of the website during the appropriate phases. At the completion of each phase, such materials will be deemed to be accepted and approved unless the Client notifies GRAVITATE otherwise within seven (7) days of the date the materials are made available to the Client via email.
b) Please check all proofs carefully for errors and omissions. GRAVITATE will not accept liability for errors overlooked after approval is made and final artwork, copywriting and website is provided.
c) If you reject any of our work within the 7-day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work before ceasing this Agreement.
d) We don't want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time we estimate we'll need to accomplish everything you've told us you want to achieve, but we're happy to be flexible. If you want to change your mind or add anything new, that won't be a problem as we'll provide a separate estimate to cover the additional work.
e) You must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation.
Any discrepancy arising due to unclear requirements will not be borne by GRAVITATE.
8. Backups: The Client is responsible for maintaining their own backups of their website. GRAVITATE Digital will not be liable for restoring any Client data or websites unless the data loss is due to a negligent act or omission by GRAVITATE Digital.
9. Errors and Malfunctions: While every effort will be made to ensure that the website and any scripts or programs are free of errors, GRAVITATE Digital cannot accept responsibility for any losses incurred due to malfunctions of the website or any part of it.
10. Ownership and Copyright:
a) Website and Code Ownership - The website, graphics, and any programming code remain the property of GRAVITATE Digital until all outstanding accounts are paid in full.
b) Scripts and Software - Any scripts, web applications, PHP scripts, or software written by GRAVITATE Digital remain the copyright of GRAVITATE Digital and may only be commercially reproduced or resold with GRAVITATE Digital’s permission.
c) Client-Submitted Materials - The Client is responsible for ensuring that any materials submitted to GRAVITATE Digital do not infringe on any third-party copyrights. GRAVITATE Digital reserves the right to refuse any copyrighted material unless adequate proof of permission is provided.
11. Liability:
a) Deadlines - GRAVITATE Digital will not be liable for costs, compensation, or loss of earnings due to failure to meet agreed deadlines.
b) Client Disputes - GRAVITATE Digital will not be liable for any disputes between the Client and their customers and cannot be held responsible for any wrongdoing on the part of the Client.
c) Service Unavailability - GRAVITATE Digital will not be liable for any costs, compensation, or loss of earnings due to the unavailability of the website, its servers, software, or any material provided by third-party agents.
d) Payment Terms - Once a website has been designed and completed, the final balance of payment is due in accordance with our payment terms. Non-payment may result in legal action if necessary.
e) Software Responsibility - GRAVITATE Digital cannot take responsibility for any losses incurred from the use of software created for the Client. While care is taken to ensure the software is problem-free and accurate, the Client is ultimately responsible for ensuring that all software is functioning correctly before use.
12. Server and Testing Requirements:
a) Server Compatibility - If the website or application is developed on servers not recommended by GRAVITATE Digital, the Client is responsible for providing or seeking any additional software, support, or cooperation necessary for proper development.
b) Testing Environment - For large applications, the Client is responsible for providing a suitable testing environment that is identical to the final production environment.
c) Client Testing - The Client is expected to fully test any application or programming related to a site developed by GRAVITATE Digital before making it generally available for use. If any bugs, errors, or other issues are found after the site goes live, GRAVITATE Digital will endeavour (but is not obliged) to correct these issues to meet the functional standards outlined in the brief.
13. Browser Compatibility: GRAVITATE Digital will endeavour to ensure that any developed or designed site or application functions correctly on the server where it is initially installed and operates correctly when viewed with all major modern web and mobile browsers.
14. Design Credit: Design credit for GRAVITATE Digital is appreciated. A link to GRAVITATE Digital may appear in small type or as a small graphic at the bottom of the Client’s website. The Client also agrees that the website developed for them may be presented in GRAVITATE Digital’s portfolio.

Email Terms and Conditions

Email DISCLAIMER