These terms explain how Star Digital AI Marketing provides search engine optimisation and, where included in your agreed scope, AI Search Optimisation. Read them together with your Campaign Particulars and any additional terms accepted in writing.
1 Definitions
Agreement means these terms, the accepted Campaign Particulars and any additional terms expressly agreed in writing.
Agreement Date means the earlier of the date you accept the Campaign Particulars by email or sign the agreement containing them.
Campaign Particulars means the proposal or campaign schedule identifying the client, service provider, website, services, target search phrases, fees, campaign term, minimum commitment and relevant search engines or platforms. It also records any agreed rankings, progress milestones, guarantee period and guarantee conditions.
Client, you and your mean the client identified in the Campaign Particulars, acting through its authorised representatives.
Star Digital AI Marketing, we, us and our mean the service provider identified in the Campaign Particulars, operating under the Star Digital AI Marketing brand.
Fees means the amounts payable for the services, as set out in the Campaign Particulars. Fees exclude GST unless expressly stated otherwise.
Key Phrases means the target search phrases agreed by both parties. Website means the website or URL identified in the Campaign Particulars.
Services means the SEO work described in the Campaign Particulars, intended to improve the website’s visibility in relevant search results. AI Search Optimisation means agreed work intended to help search and AI answer systems find, understand and reference the business and its content. It is included only where expressly listed in the Campaign Particulars.
Ranking and Progress Milestones mean any target positions or measurable campaign outcomes expressly recorded in the Campaign Particulars. A Guarantee Provision means a specific written commitment to achieve stated milestones within an agreed Guarantee Term. Where applicable, the Guarantee Period starts when the agreed SEO changes to the website have been implemented, as specified in the guarantee conditions.
Penalised means the website’s visibility has been adversely affected by a search platform’s manual action or algorithmic assessment.
2 Accepting the agreement
We will send the Campaign Particulars to you before the campaign begins. You accept the agreement by confirming your acceptance by email or returning a signed copy. The person accepting on your behalf must have authority to engage us.
3 Our services
We will provide the services set out in the Campaign Particulars with reasonable care and skill. You authorise us to carry out the agreed work on your website and related search assets, or to provide implementation instructions to your nominated representative.
Our work may include technical improvements, content optimisation and work on relevant references to your website, according to the agreed scope. Additional services, platforms or deliverables must be agreed in writing before they become part of the campaign.
4 Campaign fees and commencement
The initial payment specified in the Campaign Particulars is due on acceptance. We may defer starting work until the first month’s fees have been received in full.
Ongoing fees are payable monthly in advance for the duration of the campaign, in the amounts set out in the Campaign Particulars. You remain responsible for the fees payable during the agreed minimum commitment.
5 Refunds and consumer rights
Campaign work begins following the required initial payment and continues throughout the service period. Fees for services properly supplied are not refundable simply because you change your mind. Any amount paid for services not supplied will be assessed under the agreement and applicable law.
Nothing in this agreement excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including applicable guarantees under the Australian Consumer Law. Where the law entitles you to a refund, cancellation or another remedy, those rights apply.
6 Campaign duration
The campaign duration, minimum commitment and any renewal arrangement are those expressly stated in the accepted Campaign Particulars. Monthly billing describes the payment frequency; it does not, by itself, determine the length of your commitment.
7 Ending the agreement and final payment
Either party may give the other one month’s written notice to end the agreement. The effective termination date must comply with the minimum commitment expressly agreed in the Campaign Particulars, unless the parties agree otherwise in writing or a right to terminate earlier applies by law.
If you terminate the services, any unpaid fee for the final one month notice period becomes due, together with other fees properly payable under the agreement. The same service period will not be charged twice. The outstanding balance must be paid within 14 days of termination.
Termination does not remove either party’s accrued rights or any refund or other remedy available under applicable law.
8 Access and client delays
You must provide the access, information and approvals reasonably required for the agreed work. If valid website access is not provided, or access arrangements remain unresolved, within one month of entering the agreement, we may send implementation instructions to you or your nominated developer. You must arrange for those instructions to be implemented promptly.
We are not responsible for delays caused by missing access, information, approvals or implementation by you or your nominated representative. We will explain the resulting impact on the campaign and any affected milestones.
9 Search results and platform changes
Search engines and AI platforms control how they crawl, index, rank, display and reference content. Their systems and policies may change during the campaign, and those changes can affect results.
Except for a specific guarantee expressly agreed in writing, we do not guarantee a particular ranking, traffic level, enquiry volume, sales result or appearance in an AI generated answer. Forecasts and targets are not guarantees. This does not reduce our obligation to perform the agreed services or your rights under applicable law.
10 Specific written guarantees
A campaign guarantee applies only where the Campaign Particulars expressly includes one. Its milestones, measurement method, timeframe, conditions and remedy must be recorded in the Campaign Particulars or accompanying guarantee terms. Any guarantee is additional to rights you may have under the Australian Consumer Law.
11 Existing website penalties
If our technical assessment identifies a penalty or significant domain issue that may prevent an agreed milestone from being achieved, we will explain the issue and available options. Those options may include remediation or, where appropriate, moving the website to a different domain.
We will not purchase a replacement domain or relocate your website without your written approval of the proposed work and costs. If you choose to retain the existing domain, any effect on a specific guarantee must follow its agreed conditions and be explained to you in writing. Your statutory rights remain unchanged.
12 Consequential loss
To the extent permitted by law, neither party is liable to the other for consequential loss arising from this agreement. This includes consequential loss of profits, revenue, business opportunities, anticipated savings or goodwill. This exclusion does not apply to liability or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.
13 Recruitment of our staff
During the agreement and for 12 months after it ends, you must not directly solicit for employment or contracting a member of our team who was materially involved in delivering your services, without our written consent. This restriction does not prevent general recruitment advertising or the engagement of someone who responds independently without targeted solicitation. It applies only to the extent permitted by law.
14 Public statements and complaints
Neither party may knowingly publish false statements about the other that are likely to cause material reputational harm. This does not prevent either party from making an honest review, raising a genuine complaint, seeking professional advice, communicating with a regulator or making a disclosure required or protected by law.
Where a party identifies a statement it believes breaches this clause, it may request correction or removal in writing and explain its reasons. The parties will make reasonable efforts to resolve the concern promptly. Available legal remedies remain subject to applicable law and any court’s discretion.
15 Responsibility for client information
You are responsible for ensuring that information and materials you provide are accurate, current and complete, and that you have authority to supply them for the agreed purpose.
To the extent permitted by law, you indemnify us against loss and third party claims to the extent caused by your breach of this agreement or by inaccurate, misleading or unauthorised materials you provide. This indemnity does not apply to the extent that our breach, negligence or unlawful conduct caused or contributed to the loss.
16 Governing law
This agreement is governed by the laws of Victoria, Australia. The parties submit to the jurisdiction of the courts of Victoria and any courts entitled to hear appeals from them, subject to rights that cannot lawfully be excluded.
17 Written terms and assignment
These terms and the Campaign Particulars record the agreement for the services. A variation must be agreed in writing. Where the Campaign Particulars expressly vary these terms, that agreed variation applies to the extent of the inconsistency. Nothing in this clause excludes liability that cannot lawfully be excluded for statements or representations made before the agreement.
You must obtain our written consent before assigning or transferring your rights or obligations under this agreement.
Questions about your campaign
Contact Star Digital AI Marketing on 1300 928 199 or email info@stardigital.com.au before accepting your Campaign Particulars if you would like us to explain any part of these terms.