Terms of service

1. About these terms

This website and these services are operated by Aesthetic Ventures Pty Ltd (ABN 23 688 528 716), trading as Aesthetic ("Aesthetic", "we", "us" or "our"), a digital marketing agency based in Wollongong, New South Wales, Australia.

These Terms of Service ("Terms") apply to every visitor to this website and to every client who engages Aesthetic for services. By accessing the website, requesting a quote, or accepting a proposal, you ("you", "your" or the "Client") agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you confirm you are authorised to do so.

2. Definitions

• Services means the digital marketing services Aesthetic provides, which may include web design and development, paid advertising, search engine optimisation, email marketing, content, strategy, white label services and related work.
• Proposal means the quote, proposal, scope of work or statement of work that describes the specific Services, deliverables, timeframes and Fees for an engagement.
• Deliverables means the materials, assets, campaigns or work product created by Aesthetic for you under a Proposal.
• Fees means the amounts payable for the Services as set out in a Proposal or invoice.
• Ad spend means amounts paid to third-party advertising platforms (such as Google or Meta) to run campaigns, which are separate from Aesthetic's management Fees.

3. Our services

The specific scope of each engagement is set out in the applicable Proposal. Where there is any inconsistency between these Terms and a signed Proposal, the Proposal prevails for that engagement. Work outside the agreed scope may be quoted and charged separately.

Aesthetic will perform the Services with reasonable care and skill and within a reasonable timeframe, subject to your timely cooperation and the dependencies described below.

4. Engagement, quotes and approvals

Quotes and Proposals are valid for 30 days unless stated otherwise. An engagement begins once you accept a Proposal in writing and, where applicable, pay the required deposit. Work and timelines depend on your prompt provision of materials, feedback and approvals. Delays in your inputs may affect agreed timeframes.

5. Fees and payment

• Fees are as set out in the relevant Proposal or invoice and are exclusive of GST unless stated otherwise. GST will be added where applicable.
• Project work may require a deposit before work begins, with the balance payable at the milestones set out in the Proposal.
• Retainer and ongoing Services are billed monthly in advance unless agreed otherwise.
• Invoices are payable within 14 days of the invoice date.
• Ad spend is separate from management Fees and is either paid by you directly to the platform or reimbursed to Aesthetic, as agreed.
• If an invoice is overdue, Aesthetic may pause Services and withhold Deliverables until payment is received, and may charge reasonable interest or recovery costs on overdue amounts to the extent permitted by law.

6. Your responsibilities

To allow Aesthetic to deliver the Services, you agree to:

• provide accurate information and the materials, content, branding and access (including to advertising, analytics, hosting and CRM accounts) reasonably required, in a timely manner;
• review and approve work within agreed timeframes;
• ensure any content, images, data or materials you provide are accurate, lawful, and that you hold the rights or licences to use them; and
• comply with the terms and policies of any third-party platforms used in connection with the Services.

7. Third-party platforms and services

The Services often rely on third-party platforms and tools (such as Google, Meta, hosting providers, email and CRM platforms). These are governed by their own terms and policies, and their availability, features, pricing and policies are outside Aesthetic's control. Aesthetic is not responsible for any platform change, outage, rejection, account suspension or policy enforcement by a third party, except to the extent caused by Aesthetic's negligence.

8. No guarantee of results

Marketing outcomes depend on many factors beyond Aesthetic's control, including your market, offer, budget, website, third-party platforms and economic conditions. While Aesthetic applies professional skill and experience, Aesthetic does not guarantee any specific result, including particular rankings, traffic, leads, conversion rates, return on ad spend, sales or revenue. Any examples, case studies or estimates are illustrative and not a promise of future performance.

9. Intellectual property

Subject to full payment of all Fees, ownership of the final Deliverables created specifically for you transfers to you on payment. Until full payment is received, all Deliverables remain the property of Aesthetic.

The following remain the property of Aesthetic or their respective owners: Aesthetic's pre-existing materials, tools, frameworks, processes, know-how and templates; and any third-party, licensed or stock assets (which are provided to you under the relevant third-party licence). You are granted the rights needed to use those items as part of the Deliverables.

Unless agreed otherwise in writing, Aesthetic may identify you as a client and feature the work in its portfolio, case studies and marketing.

10. Confidentiality

Each party may receive confidential information from the other. Both parties agree to keep that information confidential and use it only for the purposes of the engagement, except where disclosure is required by law.

11. Term, cancellation and termination

Ongoing and retainer Services continue until cancelled by either party with at least 30 days' written notice. Either party may terminate an engagement immediately if the other party materially breaches these Terms and does not remedy the breach within a reasonable time of being notified.

On termination, you must pay for all Services performed and costs committed up to the termination date. Any deposits or prepaid Fees are non-refundable to the extent work has been performed or costs incurred.

12. Warranties and disclaimers

Except as expressly stated in these Terms and to the maximum extent permitted by law, the Services and this website are provided "as is" and Aesthetic excludes all other warranties, whether express or implied.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where Aesthetic is entitled to limit its liability for a breach of a non-excludable guarantee, its liability is limited, at Aesthetic's option, to re-supplying the Services or paying the cost of having the Services re-supplied.

14. Limitation of liability

To the maximum extent permitted by law, and subject to clause 13 (Australian Consumer Law):

• Aesthetic is not liable for any indirect, special, incidental or consequential loss, or for any loss of profits, revenue, sales, anticipated savings, data, goodwill or business opportunity, however caused, even if Aesthetic was advised of the possibility;
• Aesthetic is not liable for any loss to the extent it is caused or contributed to by you, by the materials, content, instructions or approvals you provide, or by any third party or third-party platform (including any change, outage, rejection, account suspension or policy decision by a platform such as Google or Meta); and
• Aesthetic's total aggregate liability for all claims arising out of or in connection with the Services and these Terms is limited to the total management Fees actually paid by you to Aesthetic for the Services in the 3 months immediately before the event giving rise to the liability, and expressly excludes any ad spend or third-party costs paid through or reimbursed to Aesthetic.

To the maximum extent permitted by law, Aesthetic has no liability to you in connection with your use of this website.

15. Indemnity

You indemnify Aesthetic, its team and its contractors against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with:

• any content, materials, data, instructions or approvals you provide, including any claim that they infringe the rights of a third party or breach any law;
• your breach of these Terms;
• your breach of any third-party platform's terms or policies;
• the accuracy or completeness of the information you provide; and
• your unlawful or unauthorised use of the Services or Deliverables.

This indemnity survives termination of the engagement.

16. Privacy

Aesthetic handles personal information in accordance with its Privacy Policy, which forms part of these Terms.

17. Force majeure

Aesthetic is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, outages, third-party platform failures, or government action.

18. Changes to these terms

Aesthetic may update these Terms from time to time. The current version is published on this page with its effective date. Your continued use of the website or Services after a change takes effect constitutes acceptance of the updated Terms.

19. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and Aesthetic submit to the non-exclusive jurisdiction of the courts of New South Wales.

20. Contact us

Questions about these Terms can be directed to:

Aesthetic Ventures Pty Ltd
Level 1, 1 Burelli Street, Wollongong NSW 2500
Email: digital@aestudio.au
Phone: 0406 751 972