Last updated: 27 February 2022
Be sure to return to these Terms of Use periodically to review the most current version.
We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms of Use without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page.
Your continued access to or use of this website will constitute your acceptance of the amended terms.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted to be legally binded by our terms and conditions.
Digital Daddy Pty Ltd ABN 94 632 927 783 (“Digital Daddy”, “we”, “us”, or “our”) welcomes you and invites you to access and use our website, including, without limitation to digitaldaddy.com.au (the “Website”) and it's subfolders. When we say Digital Daddy, we mean any and all companies affiliated with Digital Daddy products and services, including but not limited to: Digital Daddy Pty Ltd, Digital Daddy AU Trust, and all affiliates.
“You” may be a visitor / user of the website, a user of the Services, or both.
By accessing, browsing, and using the Website, you signify that you have read, understood, and agree to be legally bound by everything in these Terms of Use and our Privacy Policy. These Terms of Use may change from time to time without notice to you. You may not use the Website if you do not agree to these Terms of Use and our Privacy Policy. In addition, you will also be subject to our guidelines, terms, conditions and agreements applicable to any future Digital Daddy services that you use.
Digital Daddy provides digital marketing and educational services (including, but not limited to, Search Engine Optimisation, Paid Traffic advertising, Conversion Rate Optimisation, general marketing advice), and such other services that are consistent with the delivery of our business objectives. You can find a description of our services on our Website under 'Digital Solutions' on the navigation menu.
The Website is designed to facilitate access to our Services, provide general information on the subject of web design and digital marketing, as well as to provide you with resources intended to compliment the provided information (“Intended Purpose”).
Digital Daddy strives to ensure that the content on this website is accurate and up-to-date, but does not represent or guarantee that the content on this website or on any linked website is accurate, reliable, current, complete, suitable or available. You should independently evaluate and verify the accuracy, reliability, currency and completeness of any information, and its suitability for your circumstances, before you rely on it.
The information given to you through this Website or via our Services does not constitute professional legal, accounting, investment, tax, real estate, medical, psychological, financial or other professional advice and is general in nature. It is not tailored to you and does not take into account your specific circumstances nor does it verify the truthfulness and accuracy of what you tell us about yourself and your business, and it should not be acted upon without full understanding of your current situation and future goals and objectives. You are responsible for making the determination as to whether the information given to you by us is suitable to your needs. We don’t guarantee results or offer legal advice, nor are we responsible for compliance in your industry. Digital Daddy accepts no liability for any loss or damage whatsoever arising out of the use of this Website, the Services, or reliance on the content of the Website or Services.
You access this website at your own risk. Digital Daddy strives to keep this website available and functioning properly. However, it is possible that your ability to access this website may be interrupted or delayed, or that your device becomes exposed to viruses, malware, interception or other interference. Digital Daddy recommends that you use up-to-date antivirus and security software that is appropriate for your device, to ensure that communications between it and this website does not expose it to any damaging interference. Digital Daddy does not accept responsibility for any interference or loss to your device which arises in relation to your use of this website or any linked website.
You are responsible for ensuring that your access to and use of this website is lawful and does not infringe any intellectual property rights. You must not take any action that could damage, overburden or interfere with this website, or any other person’s use of this website. You must not use any data mining, robots or other tools to automatically and/or systematically collect data from or in relation to this website. You must not use this website to obtain any information about other users of this website, or to transmit malware through this website. Digital Daddy does not accept responsibility for any unauthorised access, use or other actions. All rights are reserved in full in relation to unlawful or unauthorised access or use.
Charges for services to be provided by Digital Daddy are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Digital Daddy reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent (%) of the project quotation total before the work is begun. The remaining fifty (50) percent (%) of the project quotation total is due upon completion of the work, prior to uploading to the server or release of materials.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
You will be eligible for a complete refund of your project value if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your website project and request a refund.
Once we have commenced work on your project no refunds will be available. Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Digital Daddy, the commencement of wireframes/prototypes by Digital Daddy for your project, the development of a design concept(s) by Digital Daddy for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website.
Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website.
Digital Daddy will provide the Client with an opportunity to review the appearance and content of the website during the design phase once and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Digital Daddy otherwise within ten (10) days of the date the materials are made available to the Client.
Digital Daddy will install and publicly post or supply the Client’s website on it's own servers.
During the project, Digital Daddy will require the Client to provide website content; text, images, movies and sound files. Other files may be required to progress and the Client will be notified.
Digital Daddy is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by Digital Daddy upon completion but before publishing the live website. Invoices are sent via email. Invoices are due upon receipt. Accounts that remain unpaid seven (7) days after the date of the invoice will be assessed a service charge the amount of five percent (5%) per day (non-compounding) of the total amount due.
Client agrees to reimburse Digital Daddy for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, frameworks etc.
Digital Daddy makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, etc.). The Client agrees that Digital Daddy cannot guarantee correct functionality with all browser software across different operating systems.
Digital Daddy cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Digital Daddy reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Any and all revision requests, updates, corrections, additions or variations MUST be furnished to Digital Daddy in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.
The Client understands that any and all revision requests, updates, corrections, additions or variations may incur an hourly billable or project charge completely at Digital Daddy's sole discretion. Design work is not done free of charge unless otherwise arranged with Digital Daddy explicitly and clearly in writing.
The total project quote or rate provided by Digital Daddy is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Digital Daddy reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.
Unless otherwise agreed, Digital Daddy will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate. You have up to 3 revision rounds for your website so please take the time to carefully review the website designs and make your revision requests as thorough as possible.
It doesn’t work effectively for us to receive multiple emails with small revisions in each one. Please compile all your thoughts and requests for the revision round in one email. And please attach any relevant images or documents to the email. If you have large image sizes or a large number of images you can submit those into a cloud based share drive.
You may request changes to images, fonts, feature layout, and certain colour changes. Be aware that there are certain elements of the website design that may not be able to be modified due to best practice, responsive design protocol, and the website framework and structure.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
If you require additional web design features that are not part of your scoped and quoted website package we may be able to add these at an additional charge. If you are requesting excessive revisions, or change your mind, Digital Daddy may apply additional charges to accommodate our studio time.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
This website contains links to other websites. Digital Daddy does not control these other websites and is not responsible for their content. The links do not constitute approval of the content on those websites, or any related organisation, person, product, service or application. Digital Daddy cannot guarantee that these links will always work and cannot control whether the other websites are available. Digital Daddy does not represent that content on any other websites is reliable or free from malware, defects or infringements of intellectual property rights. Digital Daddy does not authorise any infringement of intellectual property rights by providing these links.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Digital Daddy the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Digital Daddy permission and rights for use of the same and agrees to indemnify and hold harmless Digital Daddy from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Digital Daddy that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Digital Daddy to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to Digital Daddy will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit is removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Digital Daddy's portfolio.
If the Client’s website is to be installed on a third-party server, Digital Daddy must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Digital Daddy cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Digital Daddy may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by no or late payment is not the responsibility of Digital Daddy. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Social Media Marketing / Marketing and Management is defined as helping a client to promote their products or services through social media and other marketing channels. Digital Daddy honor the components of your chosen package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
All Digital Daddy services may be used for lawful purposes only. You unconditionally and irrevocably indemnify, hold us indemnified and keep us, our directors, employees, consultants, shareholders, agents and other representatives harmless against any and all action, claim, demand, loss, liability or cost (including legal cost on a solicitor and client basis), whether arising under contract, tort or a statute (including by a third party) that arises, or results from, or is in any way connected with the Website and Services, including the sale of any product or service via your website.
You may have rights under consumer protection legislation that applies to you, e.g. the Australian Consumer Law, which cannot be excluded, limited or modified by these terms.
This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.
- To the maximum extent permitted by law, Digital Daddy, our directors, employees, consultants, shareholders, agents and other representatives:
- exclude liability (including any liability for negligence) for any inaccuracy, unreliability, lack of currency, incompleteness, unsuitability and/or unavailability of the content.
- loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Digital Daddy to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
If any of these terms offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:
- where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
- in any other case the offending term must be severed from the other terms for that jurisdiction in which event the remaining terms operate as if the severed term had not been included.
Any and all logos, service marks, page headers, graphics, trademarks, service marks, widgets, icons, scripts and trade names (each considered a “Mark”) contained on the Website are proprietary to Digital Daddy, or Digital Daddy’s licensors or licensees. Digital Daddy does not grant permission to any entity or individual to use any of the Marks in connection with any product or service that does not belong to Digital Daddy in any manner that is likely to cause confusion or ambiguity among users or that disparages or discredits Digital Daddy or any other entity or individual. Any Marks not owned by Digital Daddy that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Digital Daddy.
You may print and download parts of the content on this website for your own personal and non-commercial use, provided that you do not change or remove the copyright notices.
If you wish to link to this website, please ask us using the contact information below.
Digital Daddy has obtained permission from copyright holders (where known) to use third party content. If you believe that any content on this website infringes your copyright or anyone else’s copyright, please contact us using the contact information below. Any content that you post on, or send to, this website (including but not limited to suggestions) will not be treated as confidential or proprietary. You grant Digital Daddy a non-revocable, perpetual, worldwide, transferable, royalty-free, non-exclusive right to use this content for any purpose.
Digital Daddy has obtained permission from copyright holders (where known) to use third party content. If you believe that any content on this website infringes your copyright or anyone else’s copyright, please contact us using the contact information below. Any content that you post on, or send to, this website (including but not limited to suggestions) will not be treated as confidential or proprietary. You grant Digital Daddy a non-revocable, perpetual, worldwide, transferable, royalty-free, non-exclusive right to use this content for any purpose.
We may change or discontinue any aspect, service or feature of the Website at any time, including, but not limited to, content, availability, and equipment needed for access or use without notice to you. Further, we reserve the right, at our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of our Website or Services at any time and for any reason without any prior notice to you and without liability.
The laws of Victoria govern these Terms of Use and our Privacy Policy, and each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.
Any dispute, controversy or claim arising out of, relating to or in connection with these terms, including any question regarding its existence, validity or contravention of, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be in Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one or three.
Unless expressly stated otherwise herein, any information submitted by you through this Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so and always in a manner that could not damage our business interests or reputation (including that you will not submit any information to defame or disparage us, or to harass, bully or unlawfully discriminate against staff or third parties; or to make false or misleading statements).
You hereby assign and grant to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right, title and interest to use and incorporate into the Website (or for any other use) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the Website. We will not be obligated to credit you for such feedback or hold any such feedback in confidence.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. With the exception of the Performance Guarantee(s) which are outlined in the applicable Terms and Conditions when you hire us, you accept, agree, and understand that you are fully responsible for management of your business and sales process. Digital Daddy does not offer any representations, warranties, or guarantees verbally or in writing in regards to your earnings, business profit, marketing performance, audience growth, or results of any kind. You are solely responsible for your own actions and results in both life and business, which are dependent on factors that are personal to you, including (but not limited to), your skill, knowledge, ability, dedication, business savvy, network, and personal financial situation.
You accept, agree, and understand that any testimonials or endorsements provided by Digital Daddy's customers or audience that are represented through our Services, Websites, marketing materials, advertisements, or any of our communication channels have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our Services, Websites, marketing materials, advertisements, or any of our communication channels are opinions only and therefore are not guarantees or promises of actual performance.
Any ideas disclosed to us outside of a pre-existing and documented confidential business relationship are not confidential and we may therefore develop, use and freely disclose or publish similar ideas without compensating you or attributing to you. By submitting an idea or other detailed submission to us through this Website, you agree to be bound by these Terms.
If we fail to enforce your strict performance of any provision of these Terms, it will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms. If a provision of these Terms is void, invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Digital Daddys web space, Digital Daddy will, at its discretion, remove all such material from its web space. Digital Daddy is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Digital Daddys reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Digital Daddy in enforcing these Terms and Conditions.
This Website and its contents are provided “AS IS” and we make no representation or warranty of any kind with respect to this Website or any site or service accessible through this Website. We expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will we or our respective our directors, employees, consultants, shareholders, agents and other representatives be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this Website, any content on or accessed through this Website or any service linked to, or any copying, displaying, or use thereof. The limitations herein will apply even if a remedy fails of its essential purpose. This provision is not intended to exclude liability that we may not exclude under applicable law.