Terms & Conditions
Flourish Digital Marketing
Flourish Digital Marketing
These Terms & Conditions apply to all services provided by Flourish Digital Marketing and form part of any proposal, quote, contract, service agreement, email acceptance, or Jotform submission entered into between Flourish Digital Marketing ("the Contractor") and the Client.
By accepting a proposal, signing a contract, submitting a Jotform, making payment, or engaging Flourish Digital Marketing's services, the Client agrees to these Terms & Conditions.
1. Services
Flourish Digital Marketing provides marketing-related services including, but not limited to:
Social Media Management
Social Media Strategy
Content Creation
Website Design & Optimisation
Email Marketing
Marketing Consulting
Digital Advertising
E-Commerce Management
SEO Services
Other marketing services as outlined in the approved proposal
The specific scope of work, deliverables, timelines, and fees will be outlined in the individual proposal or service agreement.
2. Fees & Payment Terms
Ongoing Services
For ongoing monthly services, payment amounts and schedules will be specified within the approved proposal or agreement.
Invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing.
One-Off Projects
For one-off projects, a non-refundable deposit of 50% of the total project fee is required before work commences.
The remaining 50% balance is due upon project completion and prior to the delivery of final files, assets, website launch, or handover.
Late Payments
Flourish Digital Marketing reserves the right to suspend or delay services where invoices remain unpaid beyond the due date.
Any delays caused by outstanding payments may impact project timelines and delivery dates.
3. Client Responsibilities
The Client agrees to:
Provide all required information, content, assets, approvals, and feedback in a timely manner.
Ensure all supplied materials are owned by the Client or appropriately licensed.
Review and approve work within reasonable timeframes.
Communicate any concerns, revisions, or requests promptly.
Project delays resulting from the Client's failure to provide required information or approvals may affect timelines and deliverables.
4. Term & Termination
Ongoing Services
Either party may terminate an ongoing service agreement by providing thirty (30) days written notice.
The Client remains responsible for payment of all work completed up to the termination date.
Immediate Termination
Flourish Digital Marketing may terminate services immediately if:
The Client breaches these Terms & Conditions.
Invoices remain unpaid beyond agreed payment terms.
The Client engages in abusive, unlawful, or unreasonable conduct.
Completion of Fixed-Term Projects
Fixed-term projects will conclude once all agreed deliverables have been completed and final payment has been received.
5. Confidentiality
Both parties agree to keep confidential any proprietary, sensitive, or confidential information disclosed during the course of the working relationship.
Confidential information may not be shared with third parties unless:
Required by law; or
Written permission has been granted by the other party.
This obligation continues after the termination of services.
6. Intellectual Property
Any intellectual property, trademarks, logos, brand assets, content, images, documents, or materials supplied by the Client remain the property of the Client.
Flourish Digital Marketing will only use such materials for the purpose of providing the agreed services.
Upon termination of services, Flourish Digital Marketing will cease use of the Client's intellectual property unless otherwise agreed.
7. Ownership of Deliverables
Upon receipt of full payment, ownership of final approved deliverables created specifically for the Client transfers to the Client.
Flourish Digital Marketing retains ownership of:
Draft concepts
Working files
Templates
Proprietary processes
Systems, frameworks, methodologies, and tools used in the delivery of services
unless otherwise agreed in writing.
8. Portfolio & Marketing Rights
Unless otherwise requested in writing, Flourish Digital Marketing reserves the right to showcase completed work, project outcomes, designs, websites, content, marketing materials, and results within its portfolio, website, social media channels, case studies, and promotional materials.
Confidential business information will not be disclosed without permission.
9. Revisions & Scope Changes
Any revisions included within a project will be outlined in the approved proposal.
Requests that fall outside the agreed scope of work may be quoted separately and charged at an additional rate.
Flourish Digital Marketing reserves the right to provide a revised proposal where significant scope changes occur.
10. Limitation of Liability
Flourish Digital Marketing will perform all services with reasonable care and professional skill.
However, Flourish Digital Marketing does not guarantee specific marketing, sales, engagement, ranking, advertising, or business outcomes.
To the fullest extent permitted by law, Flourish Digital Marketing shall not be liable for:
Loss of profits
Loss of revenue
Loss of business opportunities
Indirect or consequential damages
Third-party platform outages, algorithm changes, or service interruptions
11. Amendments
These Terms & Conditions may be updated from time to time.
The most current version published on the Flourish Digital Marketing website shall apply to all future engagements unless otherwise agreed in writing.
12. Acceptance
Acceptance of a proposal, quote, invoice, email agreement, signed contract, Jotform submission, or payment for services constitutes acceptance of these Terms & Conditions.
Advertising Spend
Advertising spend (including, but not limited to, Meta Ads, Google Ads, LinkedIn Ads, TikTok Ads, or other paid advertising platforms) is not included in Flourish Digital Marketing's service fees unless expressly stated in the proposal or agreement.
The client is solely responsible for all advertising costs charged directly by third-party advertising platforms. Advertising budgets will be discussed and agreed upon prior to campaign commencement.
Flourish Digital Marketing does not guarantee specific advertising results, including but not limited to impressions, clicks, leads, conversions, sales, or return on investment, as these are influenced by numerous external factors beyond our control.
Refund Policy
Due to the time, planning, and resources invested into each project, all payments made to Flourish Digital Marketing are non-refundable.
For one-off projects, the initial 50% deposit secures your booking and commencement of work and is non-refundable.
If a project is cancelled by the client after work has commenced, the client will be invoiced for all work completed up to the cancellation date. Any outstanding balance for completed work must be paid within the standard payment terms.
For ongoing monthly services, fees already paid are non-refundable. If the client provides the required 30 days' notice of termination, services will continue until the end of the notice period, after which no further invoices will be issued unless otherwise agreed.
If Flourish Digital Marketing is unable to complete the agreed services due to circumstances within our reasonable control, we may, at our discretion, provide either a partial refund for any services not yet delivered or credit those services toward future work.