Phoenix Wolf
Terms of Business

SECTION 1: GENERAL TERMS (APPLICABLE TO ALL SERVICES) 

1.1 Acceptance of Terms Payment of an invoice or confirmation via email or signed proposal constitutes acceptance of these terms in full. 

1.2 Payment Terms a) Invoices must be paid as per the schedule outlined in the proposal or scope of work.
b) For website design and development projects, a 50% upfront payment is typically required unless otherwise agreed. Remaining amounts are due before final delivery or launch.
c) Late payments may incur a 2% monthly fee and may delay project milestones.
d) All fees are non-refundable once work has commenced. 

1.3 Client Responsibilities The Client agrees to provide all required access credentials, branding assets, content, and approvals within agreed timelines. Delays may impact outcomes or incur additional charges. 

1.4 Intellectual Property Upon full payment: 

• Final deliverables become the Client’s property. 

• Phoenix Wolf retains the right to showcase completed work in our portfolio or marketing (unless otherwise agreed in writing). 

• Raw files (e.g. layered design files, unedited video footage) remain the property of the Company unless explicitly agreed. 

1.5 Confidentiality We treat all access credentials, proprietary content, and confidential business information with strict confidence. 

1.6 Force Majeure We are not liable for delays or non-performance due to causes beyond our control including natural disasters, platform outages, illness, or government restrictions. 

1.7 Liability & Indemnity The Client agrees to indemnify the Company against any claims arising from: 

• Breach of these terms 

• Failure to implement recommendations 

• Use of assets not properly licensed 

The Company is not liable for indirect or consequential loss including lost profits, data, or business opportunity. 

1.8 Amendments We may update these terms from time to time. The current version will always be available on our website. Material changes will be communicated directly. 

1.9 Governing Law These terms are governed by the laws of Victoria, Australia. Any disputes shall be handled in Victorian courts. 

1.10 Privacy Phoenix Wolf complies with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles. See our Privacy Policy for full details. 

SECTION 2: SEO SERVICES 

2.1 Scope of Services The Company agrees to provide SEO services as outlined in the approved proposal, including but not limited to: 

• Keyword research and mapping 

• On-page and off-page optimisation 

• Content strategy and optimisation 

• Link-building activities 

• Technical SEO audits and improvements 

• Regular performance tracking and reporting 

Services are provided for Google by default. Bing SEO can be included upon request. 

2.2 No Guarantee of Rankings or Traffic a) SEO is a long-term strategy. While we apply best practices and proven techniques, we cannot guarantee specific rankings or traffic improvements. b) Performance is influenced by search engine algorithms, market conditions, competitors, and other external factors outside our control. 

2.3 Client Responsibilities The Client agrees to: a) Provide access to their website CMS, Google Analytics, Google Search Console, hosting, and other required platforms. b) Deliver necessary content, feedback, or approvals in a timely manner. Delays may impact agreed timeframes and outcomes. 

2.4 Payment Terms a) Payment must be made as outlined in the invoice or proposal (e.g. monthly in advance). b) Non-payment may result in suspension or termination of services. c) No refunds will be issued once work has commenced. 

2.5 SEO Deliverables and Implementation a) We may recommend or implement changes to the Client’s website to improve SEO, including technical fixes, metadata updates, internal linking, etc. b) The Client acknowledges that not implementing recommended changes may negatively affect campaign performance. c) Reports will be delivered at agreed intervals but may reflect delayed results depending on the nature of SEO activities. 

2.6 Algorithm & Platform Control The Company is not liable for fluctuations caused by search engine algorithm changes or penalties. We do not have control over how search engines rank or display content. 

2.7 Third-Party Tools and Links The Company may use third-party tools, platforms, and resources as part of the SEO strategy. These include, but are not limited to, SEO tools, link-building networks, and content platforms. The Client understands that the Company cannot guarantee the functionality or continued availability of third-party tools, nor can it be held responsible for any negative impact resulting from the use of such tools. 

2.8 Liability & Indemnification The Client shall indemnify and hold the Company harmless against claims arising from: 

• Inaccurate or incomplete information provided 

• Any legal issues related to the Client’s content or SEO approach 

• Ignoring recommendations that negatively impact results 

2.9 Termination a) Either party may terminate the agreement with 30 days’ written notice. b) If services are terminated early, the Client is liable for any work delivered and costs incurred to date. 

SECTION 3: PAID MEDIA SERVICES 

3.1 Scope of Services The Company agrees to provide paid media advertising services as outlined in the approved proposal. This may include: 

• Strategy development and audience targeting 

• Campaign setup and optimisation across platforms (Google Ads, Meta Ads, TikTok, LinkedIn, etc.) 

• Budget allocation and bidding strategy 

• Creative direction and asset guidance 

• Conversion tracking and reporting 

3.2 Acceptance of Terms By making payment of the invoice, the Client acknowledges that they have read, understood, and agreed to these terms and conditions. 

3.3 No Guarantee of Results a) While we aim to maximise campaign performance, we cannot guarantee outcomes such as increased sales, leads, or ROI. b) Results are affected by external variables including market trends, platform costs, competition, seasonality, and user behaviour. 

3.4 Platform Policies and Limitations The Client acknowledges that: a) The Company does not control ad platform decisions such as ad approvals, suspensions, content restrictions, or targeting limitations. b) The Company is not responsible for delays, rejections, or performance drops caused by platform algorithms or enforcement actions. 

3.5 Client Responsibilities The Client agrees to: a) Provide necessary access to ad accounts, analytics tools, and pixels. b) Supply campaign assets including ad creatives, logos, and copy. c) Approve or provide feedback on campaigns in a timely manner. d) Maintain adequate media budgets on all approved platforms. 

3.6 Payment Terms a) Paid media service fees are separate from media spend unless otherwise stated. b) Fees are payable upfront or monthly in advance as specified in the proposal. c) Work will only commence once payment has been received. d) Media spend is paid directly by the Client to the advertising platform unless otherwise agreed. e) Non-payment or late payment may result in service suspension without notice. 

3.7 Third-Party Access and Tools We may use third-party platforms or integrations (e.g. bid management, tracking tools). We are not responsible for outages, errors, or data discrepancies caused by such platforms. 

3.8 Liability & Indemnification The Client shall indemnify and hold the Company harmless against any and all claims, losses, or damages arising from: 

• Use of unapproved or misleading advertising material 

• Violations of advertising policies by the Client 

• Platform-related issues beyond our control 

3.9 Refund Policy All payments made for Paid Media services are final and non-refundable once services have commenced. Media spend is governed by the ad platforms’ own terms. 

3.10 Termination a) Either party may terminate the agreement with 30 days’ written notice. b) Upon termination, the Client will be responsible for all fees incurred up to the effective termination date. c) If cancelled before campaign completion, the Client may be liable for a pro-rata charge of remaining services. 

SECTION 4: WEB DESIGN & DEVELOPMENT SERVICES 

4.1 Scope of Services Our web design and development services may include: 

• UX/UI design tailored to the Client’s brand 

• Custom responsive websites 

• CMS setup on platforms such as WordPress or Shopify 

• Basic SEO setup and on-page optimisation 

• Content integration or migration 

• Google Analytics, Meta Pixel, or other tracking implementation 

• Basic speed and performance optimisation 

Inclusions and exclusions are outlined in the proposal. 

4.2 Client Responsibilities To ensure timely delivery, the Client agrees to: a) Provide all required branding, copy, images, and access credentials by agreed timelines. b) Review and approve design concepts and staging versions promptly. c) Communicate delays or changes in scope immediately. 

Delays in content provision or feedback may extend timelines or incur additional charges. 

4.3 Project Timeline Typical delivery for standard websites ranges from 2 to 6 weeks depending on complexity and client responsiveness. Timelines are estimates and assume the Client meets their responsibilities. 

4.4 Revisions Each design stage includes up to 2 rounds of revisions. Additional changes, or revisions after final approval, may be billed at our standard hourly rate. 

4.5 Payment Terms a) A 50% upfront deposit is required to commence work. b) The remaining 50% is due prior to website launch or final delivery. c) Pricing is quoted in AUD and may be subject to GST. d) Late payments may delay project launch or result in work suspension. 

4.6 Ownership & Intellectual Property Upon full payment: a) The Client owns the final website design, graphics, and copy. b) Third-party assets (e.g. licensed images, fonts, plugins) remain subject to their original licenses. c) The Company retains the right to showcase the project in its portfolio unless otherwise agreed. 

4.7 Post-Launch Support We provide bug fixes and minor updates for 7 days post-launch. Ongoing maintenance or technical support can be arranged under a separate agreement or billed hourly. 

4.8 Termination a) If the Client cancels the project after work has begun, the deposit is non-refundable. b) Any work completed beyond the deposit value will be invoiced. c) The Company reserves the right to terminate the project if communication ceases for more than 21 days. 

4.9 Limitation of Liability The Company is not liable for: a) Downtime related to third-party hosting or plugins b) SEO performance following launch unless part of an ongoing SEO agreement c) Content errors, omissions, or compliance unless explicitly included in scope 

SECTION 5: VISUAL CONTENT SERVICES (PHOTOGRAPHY, VIDEO PRODUCTION & MOTION GRAPHICS) 

5.1 Scope of Services Visual content services may include: 

• Photography: product shots, lifestyle shoots, event coverage, corporate portraits 

• Video Production: concept development, scripting, filming, editing, motion graphics 
• User Generated Content (UGC) Creative: talent-led product reviews, demonstrations, unboxings, or lifestyle content for paid and organic use

• Animation/Motion Graphics: explainer videos, logo animations, kinetic typography 

The specific deliverables, timelines, and formats will be outlined in your project proposal. 

5.2 Client Responsibilities The Client agrees to: a) Provide accurate and timely briefs, approvals, and necessary content (e.g. brand guidelines, product samples). b) Secure any required location access, permits, or model/talent releases. c) Ensure that any attending representatives are authorised to make decisions on-site. 

5.3 Revisions and Approvals 

• Projects include up to 2 rounds of revisions as outlined in the proposal. 

• Final approval must be provided in writing. Revisions requested post-approval may be considered a new scope and billed accordingly. 

5.4 Payment Terms a) A 50% deposit is required to commence work. b) The remaining 50% is due upon final delivery. c) For User Generated Content (UGC) creative packages, full payment is required upfront prior to commencement of production. d) All fees are quoted in AUD and may be subject to GST. e) Final assets will not be released until full payment has been received. 

5.5 Intellectual Property & Usage Rights a) Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the final deliverables for the agreed purposes. b) Raw files, including unedited footage and working project files, remain the property of the Company unless otherwise agreed. c) The Company retains the right to use finished work for promotional purposes unless restricted in writing. 

5.6 Cancellations & Rescheduling a) Cancellations more than 7 days prior to the shoot incur a 25% fee. b) Cancellations within 7 days of the shoot incur a 50% fee. c) Rescheduling must be requested at least 5 days prior and is subject to availability. 

d) Costs incurred for booked venues, travel, talent, or equipment may be passed on to the Client if non-refundable.

5.7 Liability The Company will take reasonable care but is not liable for: a) Delays due to weather, equipment failure, or third-party suppliers b) Loss or corruption of footage or digital files due to unforeseen technical errors c) Indirect losses, such as missed promotional opportunities or profit loss