PunkFox Pty Ltd (ABN: 18 689 272 268) trading from Suite 0636, 143 St Georges Terrace, Perth, WA 6000 (referred to as “PunkFox,” “we,” “us,” or “our”).
These Terms and Conditions (“Terms”) govern the agreement between PunkFox and the Client (“you” or “your”) for the provision of services. By engaging PunkFox, you agree to be bound by these Terms.
1.1. Primary Services: PunkFox specialises in Search Engine Optimisation (SEO), technical SEO audits, strategy, content planning, and consulting.
1.2. Technical Development: Where a website has technical restrictions limiting SEO performance, we may provide necessary minor technical development or remediation services, which will be scoped and agreed upon as part of the project or retainer.
1.3. No Guarantees: You acknowledge that specific ranking outcomes, traffic levels, or timeframes for SEO results cannot be guaranteed. We guarantee to apply our expertise and best efforts to improve your organic visibility and performance.
2.1. Flexible Engagement Model: We offer services on a Project Basis (fixed scope, defined timeline) and a Retainer Basis (ongoing work).
2.2. No Lock-In Contracts: All Retainer Agreements operate on a month-to-month basis, providing you with flexibility.
2.3. Client Termination: You may terminate any Retainer Agreement by providing one (1) calendar month’s written notice via email to your account manager. * Example: Notice given on 15th March means the service will conclude on 30th April.
2.4. PunkFox Termination: We reserve the right to terminate the Agreement immediately if you breach these Terms (including failure to make timely payments) or if our relationship becomes untenable.
2.5. Project Termination: Termination of a fixed-scope Project prior to completion will incur a fee covering all work completed to date, plus a reasonable administrative fee.
3.1. Pricing and GST: All fees quoted by PunkFox are exclusive of GST, which will be added at the current Australian rate (10%).
3.2. Invoicing: We invoice for all services in advance of the work being performed (e.g., invoices for October’s retainer work are issued in September).
3.3. Payment Terms: Payment options and due dates are as follows: * Standing Order: Payment is due upon receipt of the invoice. * Invoiced Terms: Payments are due either 12 days or 30 days from the invoice date, as specified on the invoice.
3.4. Non-Payment: We do not charge late payment fees. However, failure to settle an overdue invoice may lead to the immediate suspension of all Services until payment is received in full.
4.1. IP Ownership: Intellectual Property (IP) rights in all unique deliverables (including but not limited to content, technical recommendations, and strategy documents) created by PunkFox remain the property of PunkFox Pty Ltd until the relevant project or service is completed, signed off, and paid for in full. Upon full payment, ownership of the final deliverables transfers to the Client.
4.2. PunkFox IP: PunkFox retains all IP rights in its methodologies, proprietary processes, reporting templates, and general knowledge used to deliver the Services.
4.3. Tool Access: You agree to provide us with necessary access to third-party accounts, including Google Analytics, Search Console, SemRush, Asana, Screaming Frog, Serpstat, and Plannable, required to perform the Services and reporting. We will handle all such access credentials with strict confidentiality.
5.1. Cooperation: You agree to provide timely access, content, approvals, and feedback required by PunkFox. Delays resulting from a lack of timely cooperation may impact project timelines and outcomes.
5.2. Website Changes: You must inform PunkFox immediately of any planned or executed changes to your website (e.g., site migrations, CMS updates, server changes) to avoid disruption to the SEO strategy. PunkFox is not responsible for negative ranking impacts caused by unapproved or uncommunicated third-party actions on your site.
5.3. Indemnity: You agree to indemnify PunkFox against any and all claims, losses, or costs arising from your breach of these Terms, including any claims relating to content supplied by you (e.g., copyright infringement).
6.1. Jurisdiction: This Agreement is governed by the laws of Western Australia (WA). You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.