Terms and Conditions

01About us

These terms govern the engagement of Firewire Digital, a trading name of Valley View (NSW) Pty Ltd, as a service provider to your business. By engaging Firewire (including by signing a proposal, accepting a written scope by email, or paying an invoice for our services) you accept these terms.

02Pricing and payment

Minimum engagement thresholds

Firewire engagements operate at the following minimum monthly thresholds:

• SEO engagements: $2,000 per month, excluding GST.
• Google Ads engagements: $1,000 per month in management fees, excluding GST. Ad spend is invoiced separately and is your responsibility.
• Project work: quoted on a per-project basis, with a typical minimum project value of $5,000.

Pricing for specific engagements is set out in your signed proposal or scope-of-work document, which prevails over the general thresholds above where the two differ.

GST and currency

All prices are quoted in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST). GST of 10% is applied to all invoices issued to Australian businesses, in line with the A New Tax System (Goods and Services Tax) Act 1999. For invoices issued to overseas clients, GST treatment follows the export-of-services rules under the same Act.

Payment terms

• Invoices are issued in advance of the service period to which they relate. Monthly retainer invoices are issued on or around the first business day of each month.
• Payment terms are 7 days from the date of invoice, unless otherwise agreed in writing.
• Payment is by direct deposit, credit or debit card, or by other payment method agreed in writing.
• Late payment may incur an interest charge of 1.5% per month, calculated from the day after the due date, plus any reasonable recovery costs.
• Where payment remains overdue beyond 14 days, we may suspend services until the account is brought current.

Payment processors

Card payments are processed by reputable third-party payment processors who maintain current PCI DSS compliance. Card details are not stored on our systems. Our current payment processors are Wise and Stripe.

03Quotes, proposals and scope changes

Quote validity

Written quotes and proposals are valid for 30 days from the date of issue unless a different validity period is stated on the quote itself. After this period, pricing may be revised to reflect changes in scope, market rates or our availability.

What's included in scope

The scope of work for each engagement is defined in the proposal or scope-of-work document agreed between us. Work that falls outside that scope (including but not limited to additional channels, new deliverables, work for related entities, or substantial changes in business direction) will be quoted separately as a change order.

Change orders

• Where additional work is requested, we will issue a change order setting out the additional scope, fees and timing.
• Work on a change order begins only after written acceptance from your authorised representative.
• We will not silently absorb out-of-scope work. If a request falls outside the agreed scope, we will tell you, document it, and quote it before we begin.

04Term and minimum commitments

Most Firewire engagements have an initial minimum term, after which the engagement continues on a rolling monthly basis until cancelled in accordance with section 5.

• SEO and content engagements: 3-month minimum initial term. The work takes time to compound, and the minimum term reflects the period within which we can reasonably ship the foundation work and demonstrate trajectory.
• Google Ads engagements: 3-month minimum initial term. Allows account rebuild, conversion tracking and the first round of optimisation cycles.
• GEO engagements: 3-month minimum initial term, matching the typical horizon for entity and schema work to appear in AI engine indexes.
• Project work: term is defined in the project scope document.

After the initial minimum term, the engagement continues month-to-month and either party may cancel by giving notice in accordance with section 5. We do not lock clients into long-term contracts beyond the initial minimum term.

05Cancellation policy

Notice period

After the initial minimum term in section 4, either party may cancel an ongoing engagement by providing 30 days' written notice. Notice may be given by email to the addresses we hold on file for each party.

Final invoice

On cancellation, we will issue a final invoice covering:

• All work performed up to the cancellation effective date, including the 30-day notice period, calculated on a pro-rata basis where the cancellation falls mid-month.
• Any change-order work that has commenced but not yet been invoiced.
• Any third-party costs we have incurred on your behalf that have not yet been recovered.

Termination for cause

Either party may terminate the engagement immediately and without notice if the other party commits a material breach of these terms which is not remedied within 14 days of written notice, or if the other party becomes insolvent, enters administration, or is wound up. In the case of immediate termination by Firewire for non-payment or material breach, the final invoice is payable in full on the date of termination.

Handover on cancellation

On cancellation by either party, we will return any client-owned credentials, accounts and assets we hold and will cooperate reasonably with handover to your in-house team or replacement agency. Detailed knowledge transfer beyond what is reasonable may be quoted as additional work.

06Refund policy

Refund treatment depends on the type of fee in question. The categories below set out how each is handled.

Refunds are processed by the original payment method where possible. Where the original method is no longer available (for example, an expired card), the refund will be issued by direct deposit to a bank account you nominate in writing.

07Your responsibilities

For us to do our work well, we ask you to:

• Provide access to the marketing platforms required for the engagement: typically Google Analytics, Google Ads, Google Search Console, Meta Ads Manager, your website CMS, and any other systems we need to perform the work.
• Respond within reasonable timeframes to requests for content approvals, asset deliveries, brand-related decisions and similar inputs. Where delays in your responses materially affect our ability to deliver, this is documented and may extend project timelines.
• Provide accurate information about your business, products, services and target audiences. The quality of our work depends on the accuracy of the information you share with us.
• Hold the rights to any content, brand assets, images or other materials you provide for our use in your engagement.
• Comply with applicable law in your industry, including but not limited to advertising standards, consumer law and any regulatory regime governing your sector.
• Pay invoices on time in accordance with section 2.

08Results, guarantees and disclaimers

No guarantee of specific results

Search marketing involves third-party platforms (Google, Meta and the various AI search engines) whose algorithms, policies and competitive dynamics are outside our control. While our methodology is designed to drive specific revenue and ranking outcomes, we cannot and do not guarantee:

• Specific keyword rankings on any search engine.
• Specific impression share, conversion rate, ROAS or revenue outcomes in paid advertising.
• Citation or visibility in any specific AI search engine.
• Outcomes that depend on factors outside our scope of work: for example, your product, your pricing, your sales process, or the broader market.

Where forecasts or targets are stated in proposals or strategy documents, they are good-faith estimates based on the information available at the time, not contractual guarantees of outcome.

Australian Consumer Law

Nothing in these terms is intended to exclude, restrict or modify any rights you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot be excluded by agreement. Where any provision of these terms would be unenforceable as a result of that legislation, that provision is read down to the minimum extent necessary to comply.

Limitation of liability

To the maximum extent permitted by law:

• Our total liability to you in connection with the engagement is limited to the fees you have paid to us in the six months immediately preceding the event giving rise to the liability.
• We are not liable for indirect or consequential loss, including but not limited to loss of revenue, loss of profit, loss of business opportunity, or reputational damage.
• We are not liable for loss caused by your acts or omissions, by the acts or omissions of third parties, or by events outside our reasonable control.

09Confidentiality and data

Mutual confidentiality

Both parties acknowledge that during the engagement they may have access to information of the other party that is confidential, including, on the Firewire side, our methodology, internal processes and proprietary tooling, and on the client side, your business strategy, financial information and customer data. Each party agrees:

• To use confidential information only for the purpose of performing or receiving the engaged services.
• Not to disclose confidential information to any third party without the other party's prior written consent, except where required by law.
• To take reasonable steps to protect confidential information against unauthorised access or disclosure.
• That these confidentiality obligations survive the end of the engagement.

Personal information

Where personal information is collected, used, stored or disclosed in the course of the engagement, both parties will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of personal information is set out in our Privacy Policy, which forms part of these terms.

Client account access

Where you grant us access to your marketing platforms, websites or other systems for the purpose of delivering the engagement, we will use that access only for purposes consistent with the agreed scope of work. We will not use that access to view, download or otherwise process information unrelated to the engagement.

10Intellectual property

Ownership of deliverables

On full payment of the relevant invoice, ownership of the deliverables we produce specifically for you in the engagement (including content, briefs, schemas, campaign assets and reporting templates) transfers to you, except for any pre-existing Firewire materials, methodology or tooling that they incorporate.

Firewire's pre-existing materials

Our methodology, internal frameworks, templates, software, processes, dashboards and any tooling we have developed independently of the engagement remain our intellectual property. Where deliverables produced for you incorporate our pre-existing materials, you are granted a perpetual, non-exclusive, royalty-free licence to use those materials to the extent necessary to use the deliverables for their intended purpose.

Third-party intellectual property

Where the engagement requires the use of third-party intellectual property (for example, stock imagery, software, fonts or content), that material remains the property of the third-party owner. Any licences required are obtained as part of the engagement, and you accept the terms of those third-party licences as they apply to the materials delivered.

Case studies and marketing

Unless you tell us otherwise in writing, we may use anonymised, aggregated or attributable information about the engagement (including campaign performance data, results metrics, your company name and logo, and high-level descriptions of the work) in our case studies, sales materials, conference presentations and marketing communications. You can opt out of being named or featured at any time by notifying us at [email protected]; we will remove identifying references from our materials within a reasonable time of receiving your request.

11Governing law

These terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia exercising jurisdiction in New South Wales in respect of any dispute arising under or in connection with these terms.

Before commencing proceedings, the parties will use reasonable efforts to resolve any dispute through good-faith discussion. Where direct discussion does not resolve the dispute within 30 days, either party may pursue formal remedies, including mediation through a recognised Australian provider.

12Changes to these terms

We may update these terms from time to time to reflect changes in law, our practices or the structure of our engagements.

For active clients, material changes to terms that affect your engagement will be notified to you in writing at least 30 days before the change takes effect. For prospective clients and visitors to our website, the current version of these terms is the version published on this page; the Effective from date at the top of the page indicates when each version takes effect.

The version of these terms in force at the time you sign a proposal or scope-of-work document is the version that governs that engagement, unless you and Firewire agree in writing to adopt a later version.

13Contact us

For any question about these terms, or any matter arising under them, contact us using the details below.