Terms of Service

1. About these terms

These Terms of Service ("Terms") govern your access to and use of the website and services provided by Kind Digital ABN 21 898 640 774 ("we", "us", "our"). By accessing this website or engaging us for services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Our services

Kind Digital provides new websites, Core Care, AI agents and AI advisory services to small and medium businesses in Australia. The specific scope, deliverables, fees and timing for any engagement will be set out in a separate written proposal, statement of work or service agreement (an "Engagement"). Where there is any inconsistency between an Engagement and these Terms, the Engagement prevails for that engagement.

3. Quotes and fees

• Quotes and proposals are valid for 30 days unless stated otherwise.
• All fees are quoted in Australian Dollars (AUD) and, unless stated otherwise, are exclusive of GST.
• Unless otherwise agreed, invoices are payable within 14 days of issue.
• Late payments may incur interest at the Reserve Bank of Australia cash rate plus 2% per annum, calculated daily.
• Third-party costs (e.g. software licences and stock imagery) are passed through at cost and are payable in addition to our fees.

4. Client responsibilities

To allow us to deliver our services, you agree to:

• Provide accurate, complete and timely information, content, access and approvals.
• Ensure that any materials you supply to us (text, images, logos, data) do not infringe any third-party rights and that you have the right to provide them.
• Nominate a single point of contact authorised to make decisions and approve work.
• Comply with all applicable laws, including the Australian Consumer Law, Spam Act 2003 (Cth) and Privacy Act 1988 (Cth).

5. Intellectual property

On full payment of all fees due under an Engagement, ownership of the final, agreed deliverables created specifically for you under that Engagement transfers to you, except for:

• Pre-existing materials, tools, frameworks, templates and know-how owned or licensed by us, which we retain and licence to you on a non-exclusive, perpetual, royalty-free basis solely for use of the deliverables.
• Third-party materials (including stock assets, fonts, plugins and open-source software) which remain subject to their original licences.

You grant us a non-exclusive licence to use your name, logo and non-confidential project examples in our portfolio and marketing.

6. Confidentiality

Each party agrees to keep confidential information of the other party confidential and to use it only for the purposes of the Engagement. This obligation does not apply to information that is publicly available, independently developed or required to be disclosed by law.

7. Warranties and consumer rights

We warrant that we will perform our services with due care and skill and to a standard reasonably expected of a competent provider of similar services in Australia.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For services not ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is, to the extent permitted by law, limited at our option to: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

8. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for any indirect, consequential, incidental, special or exemplary loss or damage, including loss of profits, revenue, business opportunity, goodwill or data.
• Our total aggregate liability arising out of or in connection with an Engagement is limited to the fees paid by you to us under that Engagement in the 6 months preceding the event giving rise to the claim.
• We are not responsible for the performance, availability or policies of third-party platforms (e.g. Google, Claude and hosting providers) or for changes they make to their services.

9. Results and forecasts

Digital marketing outcomes depend on many factors outside our control. While we use reasonable skill and care to pursue the agreed objectives, we do not guarantee any specific result, ranking, conversion rate or return on investment unless expressly stated in writing in an Engagement.

10. Termination

• Either party may terminate an Engagement for material breach if the breach is not remedied within 14 days of written notice.
• Core Care is $299 a month with a 12-month minimum, then month to month. Agents have a 6-month minimum, then month to month. After the minimum term, you may terminate an ongoing Engagement by giving 30 days' written notice. Fees for work performed up to the termination date, plus any non-cancellable third-party costs, remain payable.
• We may suspend services if any invoice is more than 14 days overdue.

11. Privacy

We handle personal information in accordance with our Privacy Policy.

12. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on this page and the "Last updated" date will reflect the most recent change. Continued use of our website or services after a change constitutes acceptance of the updated Terms.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

14. Contact

Kind Digital
Email: hello@kinddigital.com.au
Sydney, NSW, Australia