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Terms of Service & Privacy Policy

TERMS OF SERVICE
 
1. Our Agreement
This document outlines the terms of service (“Terms”) between The Daly Creative (“we,” “us,” or “our”) and our clients (“you”). Our engagement begins when you approve and accept a quote and remit a 25% deposit. This payment confirms your acceptance of these Terms and initiates the project’s time-for-completion period as outlined in your quote. Projects are typically delivered within the agreed timeframe. However, delays caused by you (for example: late content, images, approvals, or feedback) may extend the delivery timeframe.
 
2. Payments and Fees
A non-refundable deposit of 25% of the total project price is due upfront to commence work. The remaining balance is due upon project completion. Invoices are payable within 14 days of issue (unless otherwise stated). Late or overdue invoices may attract a reasonable administration fee. For clients on our Grow & Support Plan, a valid and current monthly subscription is required for support to be offered.
 
3. Ownership & Intellectual Property
Ownership of all completed work (including but not limited to websites, graphic designs, and marketing assets) remains with us until full payment is received.

  • Upon full payment, you receive a non-exclusive, royalty-free licence to use the deliverables for your business.

  • You may not resell, sub-license, or redistribute our work without written permission.

  • We retain the right to showcase completed projects in our portfolio and marketing material unless you request otherwise in writing.

Clients on our Build & Guide Plan may be granted access to self-service platforms and dashboards with training.
 
4. Ad Accounts
All paid advertising accounts (e.g., Google Ads, Facebook Ads) set up by us for a client are owned by The Daly Creative on behalf of the client. If you wish to transfer ownership of an ad account, this must be agreed in writing; transfer and platform fees may apply.
 
5. Third-Party Platforms
We use third-party platforms (including WordPress, Wix, VS Studio, Vector, Squarespace, Google Workspace, GitHub, and GoDaddy) to deliver services. You acknowledge that:

  • You may need to maintain your own subscriptions for some platforms and plug-ins.

  • We are not responsible for downtime, bugs, pricing changes, or policy changes on those platforms.

 
6. Support & On-going Service
We provide a two-week complimentary support period after project completion to address issues or bugs.
Our Grow & Support Plan offers ongoing updates, advice, troubleshooting, monthly check-ins, guidance on AI tools and marketing trends, and the peace of mind of a partner in your corner.

  • Either party may cancel the plan with 30 days’ written notice.

 
7. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages (including loss of profit, revenue, or business opportunities). Our total liability is limited to the amount you paid for the service giving rise to the claim.
 
8. Governing Law
These Terms are governed by the laws of Western Australia, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of Western Australia.
 

PRIVACY POLICY

1. Collection of Personal Information 
We collect personal information necessary to provide our digital marketing services. This may include your name, email address, phone number, and information provided during consultations, needs analyses, and quoting. We also automatically collect IP addresses and website usage data through analytics tools and cookies.
 
2. How We Use Your Information

  • To prepare quotes, deliver services, and communicate with you about projects.

  • To improve our services, website, and user experience.

  • To send marketing updates where you have provided consent (you may opt out at any time).

 
3. Disclosure of Information
We do not sell, rent, or lease personal information. We may disclose information to carefully selected third-party providers (e.g., WordPress, Wix, Google Workspace, GoDaddy) solely to deliver services to you. Where feasible, we prefer providers that store data in Australia or in jurisdictions with similar privacy protections.
 
4. Data Security
We take reasonable precautions and follow industry best practices to protect personal information from misuse, loss, unauthorised access, alteration, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure.
 
5. Cookies & Analytics
Our websites use cookies and analytics tools (e.g., Google Analytics) to understand site usage and improve performance. You can control cookies through your browser settings; disabling cookies may affect site functionality.
 
6. Accessing or Correcting Your Data
You may request access to, correction of, or deletion of personal information we hold about you.

 
7. Changes to this Policy
We may update this Privacy Policy from time to time. Changes take effect on posting to our websites. We will update the “Last updated” date at the top of this page.

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