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.
“Mingle Agency”, “we”, “us” and “our” refer to Mingle Agency. “You” means the website visitor or client.
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.
Fees, payment dates, advertising budgets and approved expenses are set out in the relevant proposal or invoice. Unless stated otherwise, advertising spend and third-party charges are 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 and GST will be applied where legally required.
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 in accordance with the notice period in the service agreement. 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.
To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable. 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.
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.
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.
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.
These terms are governed by the laws applicable in Australia. Courts with lawful jurisdiction in Australia may hear disputes.