Terms and conditions

About these terms

This website is operated by Q Agency Pty Ltd (Q Agency, we, us). By using qagency.com.au you agree to these terms. If you do not agree, please do not use the site.

Where you engage us to provide services, a separate written engagement agreement applies. If these terms and an engagement agreement conflict, the engagement agreement prevails.

These terms are governed by the laws of New South Wales, Australia. Nothing in them excludes rights you have under the Australian Consumer Law that cannot be excluded.

Using this website

You may browse the site and download or print content for your own reference. You may not copy, republish, sell or otherwise use the content for commercial purposes without our written permission.

You must not use the site in a way that damages it, interferes with anyone else's use of it, or breaches any law. Automated scraping, harvesting of contact details and attempts to gain unauthorised access are prohibited.

We may change, suspend or remove any part of the site at any time without notice.

Content, results and advice

The content on this site is general information about our services and our approach. It is not advice tailored to your business and should not be relied on as such.

Case studies, statistics and testimonials describe results achieved for specific clients in specific circumstances. They are presented in good faith with the client's permission and are not a promise of the results you will achieve. Marketing outcomes depend on many factors outside our control, including your market, your offer, your website, your budget and changes made by third-party platforms.

We make no guarantee of rankings, traffic, leads, sales or return on advertising spend, on this site or in any engagement.

Enquiries, calls and audits

When you book a call, request an audit or submit a form, you are asking us to contact you about our services. We will do so by phone, email or video call using the details you provide. There is no charge.

A free audit or review is a high-level read prepared from publicly available information and any access you choose to give us. It is provided for discussion purposes and is not a full technical audit unless we agree to one in writing.

Information you give us in an enquiry is handled in accordance with our privacy policy.

Engagements

Every engagement starts with a written scope and proposal setting out the services, deliverables, fees, payment terms, timelines and the responsibilities of each party. Work begins when the proposal is accepted in writing.

Media spend on advertising platforms is paid by you directly to the platform through accounts you own, unless otherwise agreed in writing. Our fees do not include media spend.

Timelines depend on you providing content, approvals, access and feedback when they are needed. Delays on your side may move the timeline and we will tell you when they do.

Changes to scope are agreed in writing before the work is done, with any change to fees or timeline stated at the same time.

Either party's rights to end an engagement, and the notice required, are set out in the engagement agreement.

Accounts and access

You keep ownership of your advertising, analytics, CMS, domain, hosting and CRM accounts. Where we create an account on your behalf we create it in your name and hand over the credentials.

You authorise us to access and operate the accounts you nominate for the purposes of the engagement, and you are responsible for ensuring you have the right to grant that access.

We will not knowingly use your accounts in a way that breaches the platform's terms, and we will tell you if a platform requires something we consider against your interests.

Intellectual property

Once all fees for a deliverable have been paid, you own the final deliverables we create for you: designs, websites, copy, video and creative assets, and the code we write for custom software, unless the engagement agreement says otherwise.

We keep ownership of our methods, templates, frameworks, tools and pre-existing materials, including AllNow, and grant you a licence to use them as part of the deliverables.

Third-party assets such as fonts, stock imagery, plugins, themes and software libraries remain subject to their own licences, which we will identify for you.

You grant us permission to show the work we have done for you in our portfolio and case studies. If you would prefer we did not, tell us in writing and we will not.

Confidentiality

Each party keeps the other's confidential information confidential and uses it only for the purposes of the engagement. This does not apply to information that is already public, independently developed, or required to be disclosed by law.

Liability

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, revenue, data or goodwill arising from your use of this site or from any engagement.

To the extent permitted by law, our total liability to you in connection with an engagement is limited to the fees you paid us under that engagement in the twelve months before the event giving rise to the claim. For goods or services covered by the Australian Consumer Law, our liability is limited to the remedies that law provides.

Nothing in these terms limits liability for fraud, wilful misconduct or anything that cannot lawfully be limited.

Third-party platforms

Our work relies on platforms we do not control, including Google, Meta, LinkedIn, TikTok, Webflow, Shopify, WordPress, HubSpot and AI providers. Those platforms change their rules, algorithms and pricing without notice. We are not responsible for the effect of those changes on your results, but we will tell you about them and adjust the plan.

Changes to these terms

We may update these terms from time to time. Changes take effect when published on this page, and the date at the top shows the current version. Engagement agreements already in place are not changed by an update to this page.

Contact

Questions about these terms: info@qagency.com.au, 1300 087 136, or Q Agency, 10/2115 Castlereagh Road, Penrith NSW 2750.