Terms & Conditions

These Terms and Conditions ("Agreement") govern the provision of services by SAGE DIGITAL AGENCY (“SAGE”, "we," "us," or "our") to you ("Client", “You”). By engaging our services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not use our services.

New Terms and Conditions

New Terms and Conditions for the sale of Packages or Services may be adopted by us from time to time.

1. Services

1.1     Description: We offer comprehensive digital marketing services, including but not limited to:

1.1.1      Website Design: Creating and developing visually appealing and user-friendly websites tailored to your specific requirements.

1.1.2      Brand Marketing: Developing and executing marketing strategies to enhance your brand's visibility, positioning, and recognition.

1.1.3      Search Engine Optimization (SEO): Optimizing websites to improve search engine rankings, organic traffic, and online visibility.

1.1.4      Social Media Marketing: Strategizing, creating, and managing engaging social media campaigns to connect with your target audience and increase brand awareness.

1.1.5      Content Creation: Producing high-quality and compelling content, such as articles, blog posts, infographics, and videos, to engage your audience and drive conversions.

1.1.6      Copywriting: Crafting persuasive and impactful written content for various marketing materials, including websites, advertisements, and email campaigns.

1.1.7      Online Advertising: Planning, creating, and managing online advertising campaigns across different platforms to increase reach, drive traffic, and generate leads.

1.1.8      Campaign Management: Strategizing, implementing, and monitoring digital marketing campaigns to achieve specific goals and optimize performance.

1.1.9      Video Creation and Production: Conceptualizing, scripting, producing, and editing high-quality videos for marketing and promotional purposes.

1.1.10    Mobile App Development: Designing and developing mobile applications for iOS and Android platforms to enhance user experience and expand your digital presence.

1.2         Scope: The specific details, deliverables, and timelines of the services will be outlined in a separate agreement, proposal, or statement of work ("SOW") agreed upon by both parties.

2.  Client Responsibilities:

2.1       Cooperation: You agree to provide us with accurate and timely information, materials, and access to necessary resources to facilitate the provision of our services.

2.2       Intellectual Property: You represent and warrant that you have the right to use any materials or intellectual property provided to us for use in connection with the services. You agree to indemnify and hold us harmless from any claims arising from the unauthorized use of third-party materials.

2.3       Compliance: You are responsible for complying with all applicable laws, regulations, and industry standards related to your use of our services.




3.    Orders

3.1       NO LIABILITY FOR VERBAL INSTRUCTIONS. All Orders must be made using the Order Form provided by us and instructions to us must be provided in writing.  We shall not be liable for errors or omissions arising from an oversight or misinterpretation of verbal instructions where these are acted upon time.

3.2       You will sign an Order Form or Proposal and return the request to purchase a Package or Service. The signing of an Order or proposal by you is deemed to be acceptance by you of these Terms and Conditions. You will also be bound by these Terms and Conditions (with any subsequent amendments).


4.    Quote / Proposals

4.1       Price: Unless otherwise agreed in writing, the price for all products and services is stated in Australian dollars. The total price for any package or service may be amended by SAGE at its absolute discretion. You will be notified of any such amendment in writing.

4.2       Tax: Unless otherwise agreed, prices with respect to any taxable supply are exclusive of Goods and Services Tax (GST).

4.3       GST: You must pay all GST in addition to all other sums payable by you to us. The amount of GST payable by you will be calculated by multiplying the sum payable for the supply by the relevant GST rate (currently 10%) and will be payable by you when required to pay for the supply.

4.4       Tax invoice: We will issue a tax invoice for any taxable supply to you, which will enable you, if permitted by the GST law, to claim a credit for GST paid by you. If GST is payable for a taxable supply by a third party, we will request that party to provide you with a tax invoice.


5.    Fees and Payments

5.1       Fees: The fees for our services will be specified in the proposal or as otherwise agreed upon between the parties. Fees may be subject to taxes and additional charges as applicable.

5.2       Payment Terms: Unless otherwise agreed, invoices are due within 7 days of the invoice date.  Late payments may result in suspension or termination of services. Any additional expenses incurred on your behalf will be billed separately.

5.3       Refunds: Refunds for services rendered are at our sole discretion and will be determined on a case-by-case basis.

5.4       Cost of Enforcement: Any costs we incur in the collection of payment of any invoice may be recovered from you.

5.5       Without prejudice to our other remedies, failure to pay for an order of a package or service or any part thereof by the due date may result in SAGE stopping work immediately. Interest on overdue accounts may be charged at a rate equal to 5% per annum.

5.6       Deposit: We require that you pay a deposit equal to 50% of the total price for the Package or service being ordered.

5.7       Progress Payments: The balance of the payments will be made as outlined in the proposal document and acceptance form.


6.    Confidentiality

6.1       Confidential Information: Each party may have access to confidential information of the other party during the course of providing or receiving the services. Confidential information includes but is not limited to, business strategies, financial information, client data, and technical information. Both parties agree to maintain the confidentiality of such information and use it solely for the purpose of fulfilling this Agreement.

6.2       Exceptions: The obligations of confidentiality do not apply to information that is already publicly known or becomes publicly known through no fault of the receiving party, was independently developed by the receiving party, or is rightfully obtained from a third party without any obligation of confidentiality.

7.    Intellectual Property

7.1       Ownership: Except as otherwise agreed in writing, all intellectual property rights related to the services, including but not limited to copyrights, trademarks, and trade secrets, remain the property of the respective party.

7.2       License: Upon full payment of fees, we grant you a non-exclusive, non-transferable license to use any deliverables or materials provided as part of our services solely for your internal business purposes. You may not modify, reproduce, distribute, or create derivative works from the deliverables without our prior written consent.


8.    Limitation of Liability

8.1       Disclaimer: Our services are provided on an "as-is" basis without warranties of any kind, whether express or implied. We do not guarantee specific results or outcomes from the use of our services.

8.2       Limitation: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with this Agreement, even if advised of the possibility of such damages.

9.    Cancellation / Termination

9.1       Cancellation by Client

You may not cancel any Order or part of it without our written consent which may be withheld for any reason.  Without prejudice to our right to refuse to allow cancellation of an Order as a condition of giving such consent, we may require to be reimbursed for the cost of labour and other direct or indirect costs incurred by us.

9.2       Cancellation by SAGE.

We will be entitled (without liability to you save as required by relevant laws) to in writing cancel an Order or delivery of an Order if:

9.2.1      We reasonably form the opinion that you are insolvent or at material risk of insolvency; or

9.2.2.     You fail to pay any amount on the due date; or

9.2.3.     We reasonably form the opinion that supplying goods to you may have a negative impact upon our business or commercial reputation or image or the business or commercial reputation or image of SAGE.

9.2.4.     We may cancel any order by removing your access to the service if you breach any part of these Terms and Conditions.


10.  Force Majeure

Notwithstanding any other provision of the agreement between us, we have the right for any reason not to accept any Order if:

10.1     Additionally, we may cancel any Order which has been accepted by us, or supply only part of such an Order (in such circumstances we shall not be liable for any default, delay or failure to perform where this is due (to a material extent) to causes beyond our reasonable control including, but not limited to, a Force Majeure Event.

10.2     If a Force Majeure Event or such other causes beyond our control arise, we may elect to extend the period for performance as is reasonable in all the circumstances.

10.3     If a delay or failure by us to perform our obligations due to a Force Majeure Event or other circumstance contemplated above exceeds 60 days, you may thereafter immediately terminate an Order (or the relevant part which has not been delivered) by giving us not less than 5 day’s written notice.


11. Client Waiver

If we waive any breach of these Terms and Conditions by you the waiver will not affect our right to exercise our rights under these Terms and Conditions at any future time.

12. Severability

Full Force and Effect:  Each clause in these Terms and Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.

13.  Governing Law

13.1 NSW Law
These Terms and Conditions will be interpreted in accordance with and governed by the laws of New South Wales and the courts of New South Wales will have non-exclusive jurisdiction over any dispute in relation to the Package. service or these Terms and Conditions.


13.2 Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend SAGE and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.


14. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements, understandings, or representations, whether written or oral.

By engaging our services, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.