Working together
By using this website, you agree to these terms. If you engage us, your accepted proposal, statement of work or service agreement forms part of our agreement and will take priority if it conflicts with these general terms.
“The Mingle Agency”, “we”, “us” and “our” refer to Richard Whitehead T/A The Mingle Agency, ABN 91 998 077 315. Our address is Sydney NSW 2000, Australia. “You” means the website visitor or client.
Our services are intended for businesses and people aged 18 or over. If you engage us on behalf of a business, you confirm that you are authorised to do so.
We will provide the strategy, creative, campaign management or related services described in the agreed scope with due care and skill.
You agree to provide timely, accurate information, approvals, access, brand assets and feedback reasonably required to perform the services. You confirm that materials and claims you supply may lawfully be used and do not infringe another person’s rights.
Our services are delivered digitally, including by video call, email, shared documents and work inside your advertising accounts. No physical goods are shipped.
After payment, we will contact you within 2 business days to confirm your onboarding, access requirements and start date. Monthly services continue each billing period until cancelled in accordance with these terms.
Fees, payment dates and approved expenses are set out in the relevant proposal or invoice. Unless stated otherwise in writing, advertising spend is paid by you directly to the platform through your own ad account and is separate from our fees.
You must pay undisputed invoices by the due date. If an amount is disputed, contact us promptly so we can work to resolve it. Fees are stated in Australian dollars. The Mingle Agency is not registered for GST, so GST is not charged or included in our fees.
Payments may be processed by our payment provider, Stripe. If you are on a monthly plan, you authorise us to charge your nominated payment method on each billing date until the engagement ends in accordance with these terms. If a payment fails or an invoice is overdue by more than 14 days, we may pause services after giving you written notice.
Work outside the agreed scope may require a revised fee and timeline, which we will agree with you before proceeding. Timelines may move when approvals, access or materials are delayed.
Either party may end an ongoing engagement by giving 30 days’ written notice by email, unless your service agreement states a different period. You will be charged for services supplied up to the end of the notice period. Rights accrued before termination continue, including payment for work properly performed and approved non-cancellable costs. Our Refund Policy also applies.
Unless otherwise agreed, you are responsible for your advertising accounts, billing methods, landing pages, offers, fulfilment and compliance obligations. We may make recommendations, but platform approval is not guaranteed.
Platforms may reject, restrict, suspend or change campaigns and accounts. We are not responsible for platform outages, policy changes or decisions outside our reasonable control, but will take reasonable steps within the agreed scope to assist.
We do not guarantee leads, sales, revenue, reach, return on advertising spend or another particular commercial outcome. Forecasts and targets are estimates, not promises.
You remain responsible for final approval of advertising claims, offers and published materials. We may refuse instructions that we reasonably believe are unlawful, misleading, unsafe or contrary to platform rules.
Each party retains ownership of materials it owned before the engagement. Once all related invoices are paid, you receive the rights to final deliverables stated in the service agreement. Working files, tools, templates, methods, rejected concepts and our pre-existing materials remain ours unless we agree otherwise in writing.
You grant us a limited licence to use supplied materials to perform the services. We will seek permission before publicly identifying you or displaying non-public work as a case study.
Each party must protect confidential information received from the other and use it only for the engagement, except where disclosure is authorised or required by law.
Our handling of personal information is described in our Privacy Policy.
Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
Where the law permits a remedy to be limited, our liability may be limited to supplying the services again or paying the reasonable cost of having them supplied again. This does not apply where such a limitation would be unfair or unlawful.
To the extent permitted by law, you agree to compensate us for reasonable loss, costs or claims made by a third party to the extent they are caused by materials, instructions or claims you supplied that are unlawful or infringe another person’s rights. This does not apply to the extent the loss was caused by our own negligence, breach or unlawful act.
Neither party is responsible for a delay or failure caused by events beyond its reasonable control, such as platform outages, internet failures, natural disasters, pandemics or government action. The affected party must notify the other promptly and take reasonable steps to reduce the impact. This does not excuse payment for services already supplied.
You may view and share links to this website for lawful purposes. You must not copy substantial content, interfere with the website, introduce malicious code, attempt unauthorised access, or use our name or materials in a misleading way.
Website content is protected by intellectual property laws and is subject to our Disclaimer.
This website may link to third-party websites and platforms. We do not control them and are not responsible for their content, availability or practices.
If a concern arises, each party agrees to first try to resolve it promptly and in good faith. This does not prevent either party from seeking urgent relief or using rights available under law.
If you have a concern about a charge, please contact us before lodging a dispute with your bank or card issuer. Our Refund Policy explains how refund requests and payment disputes are handled.
We may update these website terms by publishing a revised version and date. Changes do not retrospectively alter an existing signed service agreement unless agreed in writing.
If any part of these terms is invalid or unenforceable, it will be read down or severed and the remainder will continue to apply. A failure or delay in exercising a right is not a waiver of that right. You may not transfer your rights under an engagement without our written consent, which will not be unreasonably withheld. Notices may be given by email to the address last provided by the other party.
These terms are governed by the laws of New South Wales, Australia, and the courts of that state have non-exclusive jurisdiction.