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Terms and Conditions

Effective Date: August 2026 · Last updated: August 2026

Welcome to the website of Dupla Digital Marketing Pty Ltd (“Company,” “Dupla,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, digital marketing services, consulting services, technology-enabled marketing solutions, and related services.

By accessing our website, submitting an enquiry, requesting a proposal, purchasing our services, or otherwise engaging with us, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree with these Terms, please do not use our website or services.

These Terms are intended primarily for businesses and commercial clients in Australia. Where applicable, nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded, restricted, or modified under applicable Australian law, including the Australian Consumer Law.

1. About Dupla Digital Marketing Pty Ltd

Dupla Digital Marketing Pty Ltd is an Australian digital marketing and growth marketing company providing data-driven marketing, customer acquisition, AI search optimization, paid media, messaging, affiliate, and startup growth services.

Our services may include:

The specific services provided to a client will depend on the applicable proposal, quotation, statement of work, service agreement, order form, or other written agreement between the parties.

Information presented on our website is provided for general informational purposes and does not constitute a binding offer to provide services unless expressly stated otherwise.

2. Acceptance of These Terms

By using our website or engaging our services, you represent that:

If you enter into an agreement with us on behalf of a company, business, partnership, organisation, or other legal entity, you represent that you have authority to bind that entity.

These Terms may be supplemented by additional terms contained in a proposal, quotation, statement of work, service agreement, order form, or other written agreement.

If there is a conflict between these Website Terms and a specific written service agreement, the specific written service agreement will generally control for the services covered by that agreement.

3. Our Services

Our services are designed to help businesses improve visibility, generate qualified traffic, acquire customers, improve conversion performance, and build sustainable marketing systems.

Depending on the engagement, services may include:

The exact scope of services, deliverables, timelines, fees, revisions, responsibilities, advertising budgets, third-party costs, and performance requirements will be established in the applicable written agreement.

Website descriptions of our services are general descriptions and do not guarantee that every service, feature, platform, or technology will be available to every client.

4. Proposals, Statements of Work and Service Agreements

Proposals, quotations, estimates, statements of work, invoices, order forms, and service agreements may specify:

A proposal or quotation does not create a binding obligation to provide services unless and until it is accepted in accordance with its terms or replaced by a written agreement.

Where a written service agreement exists, that agreement will govern the specific services covered by it.

5. Client Responsibilities

Clients are responsible for providing information, materials, approvals, access, and cooperation reasonably required for us to perform the agreed services.

Clients agree to:

Where client approval is required, the client remains responsible for reviewing and approving materials before publication or launch.

Delays in providing information, access, feedback, or approvals may affect project schedules and delivery dates.

6. Marketing Performance and No Guarantee of Results

Digital marketing performance depends on numerous factors outside our reasonable control.

These may include:

We use professional judgment, research, commercially reasonable efforts, data analysis, testing, optimization, and industry practices when delivering our services.

However, unless expressly guaranteed in a written agreement, we do not guarantee:

Past performance, case studies, examples, projections, estimates, benchmarks, or testimonials should not be interpreted as guarantees of future performance.

7. AI Search Optimization, AEO and GEO

Our AI Search Optimization services may involve optimizing a client’s website, content, structured data, digital authority, online mentions, technical signals, and other assets for search engines and AI-powered discovery systems.

These services may target platforms and systems including, but not limited to:

AI platforms and search engines independently determine how information is crawled, indexed, ranked, cited, summarized, displayed, or recommended.

Accordingly, we do not guarantee:

AI search technologies may change rapidly, and optimization strategies may need to be modified as platforms and algorithms evolve.

8. Google Ads and Paid Advertising

Where we manage paid advertising campaigns, our services may include campaign strategy, account setup, keyword research, audience targeting, campaign management, conversion tracking, creative development, optimization, reporting, and related activities.

Advertising expenditure paid to Google or other advertising platforms is separate from our professional service fees unless otherwise agreed in writing.

Clients remain responsible for:

Advertising platforms independently control matters including:

We are not responsible for decisions, suspensions, outages, policy changes, algorithm changes, or other actions taken by third-party advertising platforms.

9. WhatsApp Business Marketing and Direct Messaging

Where our services involve WhatsApp Business, messaging automation, direct messaging, or conversational marketing, campaigns may involve third-party messaging platforms, application programming interfaces (APIs), software providers, CRM systems, and automation tools.

Clients are responsible for ensuring that contact information supplied for messaging campaigns has been collected and used lawfully.

Clients must not instruct us to send messages where doing so would violate:

Where applicable, campaigns should include appropriate consent, identification, opt-out, unsubscribe, and other compliance mechanisms.

Messaging delivery, account access, message availability, template approval, account restrictions, and platform functionality may be controlled by third-party providers.

We do not guarantee message delivery rates, response rates, conversions, sales, or other outcomes.

10. Affiliate Marketing

Where we provide affiliate marketing services, we may assist with:

Affiliate partners remain independent third parties unless otherwise agreed in writing.

We do not guarantee that any particular number of affiliates will join a program or generate a particular number of leads, sales, revenue, or other results.

Clients remain responsible for ensuring that their products, offers, commission structures, promotional claims, and business practices comply with applicable laws and platform requirements.

Affiliate relationships and promotional communications may also be subject to applicable advertising and disclosure requirements.

11. Startup Growth Marketing

Startup Growth Marketing services may include:

Startup growth services are experimental, and results may vary significantly depending on the client’s product, market, budget, customer demand, sales process, and other factors.

We do not guarantee product-market fit, investment, funding, profitability, revenue growth, customer acquisition, or any other specific commercial outcome.

12. Third-Party Platforms and Technology

Our services may involve third-party platforms and technologies, including:

These platforms operate independently and are subject to their own terms, policies, pricing, technical requirements, and privacy practices.

We do not control third-party platforms and cannot guarantee:

A third-party platform’s decision to reject advertising, restrict an account, change its policies, modify an algorithm, suspend access, or discontinue a service will not by itself constitute a failure by us to perform our services.

13. Advertising Budgets and Third-Party Charges

Unless expressly stated otherwise in writing, third-party advertising expenditure and platform charges are separate from our professional service fees.

Clients are responsible for applicable:

Any budget or spending recommendation we provide is a strategic estimate only and does not constitute a guarantee of campaign performance.

14. Content, Creative and Marketing Materials

Our services may include:

Unless otherwise agreed in writing, concepts, drafts, proposals, mock-ups, working files, source files, templates, internal processes, unused creative materials, and internal methodologies remain our property.

Client ownership or licensing rights in final approved deliverables will be determined by the applicable written agreement.

Third-party materials incorporated into deliverables, including stock images, music, fonts, software, plugins, templates, AI tools, or licensed content, remain subject to the applicable third-party licence terms.

15. Intellectual Property

We retain ownership of our pre-existing intellectual property and proprietary materials, including:

Payment for services does not automatically transfer ownership of our underlying methodologies, systems, tools, or pre-existing intellectual property.

Clients retain ownership of trademarks, logos, business materials, photographs, videos, documents, and other materials supplied by them, subject to applicable third-party rights.

Rights in final client-specific deliverables will be transferred or licensed only as specified in the applicable written agreement and, where applicable, after all amounts due have been paid in full.

16. Client Materials and Content Rights

By providing materials to us, you represent and warrant that you:

You grant us a limited, non-exclusive right to use, reproduce, modify, distribute, display, and otherwise process client-provided materials solely to the extent reasonably necessary to perform the agreed services.

You remain responsible for the legality and accuracy of materials and information supplied by you.

17. Payments and Fees

Fees, payment schedules, deposits, recurring charges, expenses, advertising budgets, and other commercial terms will be established in the applicable proposal, quotation, invoice, statement of work, or service agreement.

Unless otherwise agreed in writing:

Where permitted by applicable law and the applicable agreement, we may charge reasonable late-payment or collection-related costs.

18. Project Timelines and Client Approvals

Any project timeline provided by us is an estimate unless a specific deadline has been expressly guaranteed in writing.

Timelines may be affected by:

Where client approval is required, the client is responsible for reviewing materials carefully before approval.

Once materials have been approved, subsequent changes may result in additional fees or schedule changes where permitted by the applicable agreement.

19. Confidentiality

Each party may receive confidential information belonging to the other party during an engagement.

Confidential information may include:

Each party agrees to use reasonable care to protect confidential information and not disclose it to unauthorised third parties except where:

These obligations do not apply to information already lawfully known to the receiving party or independently developed without use of the confidential information.

20. Privacy and Personal Information

Our collection, use, storage, disclosure, and protection of personal information is governed by our Privacy Policy.

Where we process personal information on behalf of a client as part of a marketing campaign, the client remains responsible for ensuring that it has an appropriate legal basis, notices, consents, permissions, and authority required to provide that information to us.

Clients must not provide sensitive, confidential, or regulated personal information unless it is necessary for the agreed services and appropriate safeguards have been established.

Where applicable, we will handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and other applicable privacy requirements. The Australian Privacy Principles regulate matters including collection, use and disclosure, security, access, correction, and direct marketing.

21. Marketing and Advertising Compliance

Clients are responsible for ensuring that their products, services, claims, pricing, offers, testimonials, promotions, and business practices comply with applicable laws.

Depending on the campaign, applicable requirements may include laws and rules relating to:

We may recommend changes to advertising or marketing materials where we believe content may create legal, regulatory, platform-policy, or reputational concerns.

However, unless expressly agreed otherwise in writing, we do not provide legal, tax, regulatory, or compliance advice.

Australian advertising and marketing may also be subject to applicable industry self-regulatory codes, including relevant AANA codes depending on the nature of the campaign.

22. Email, SMS and Direct Marketing

Where our services involve email, SMS, WhatsApp, or other direct marketing channels, clients are responsible for ensuring that recipient information has been collected and used lawfully.

Clients must provide accurate and lawful contact lists and must not instruct us to send communications that violate applicable laws, regulations, recipient rights, or third-party platform requirements.

We may refuse to launch, continue, or manage a campaign if we reasonably believe it may breach applicable requirements or platform policies.

Where applicable, direct marketing campaigns must include appropriate consent, identification, unsubscribe, opt-out, and other legally required mechanisms.

23. Influencer and Affiliate Disclosures

Where our services involve influencers, creators, affiliates, ambassadors, or other promotional partners, campaigns may require appropriate disclosure of commercial relationships.

Clients and participating partners may be required to disclose:

We may provide reasonable guidance regarding disclosure requirements, but independent influencers, creators, affiliates, or other third parties remain responsible for their own conduct and compliance unless otherwise agreed in writing.

We do not guarantee that an independent third party will comply with every applicable law, regulation, advertising code, or platform policy.

24. Analytics, Attribution and Reporting

We may provide dashboards, analytics, attribution reports, campaign reports, forecasts, benchmarks, or performance summaries.

Analytics and attribution depend on the availability, accuracy, configuration, and reliability of third-party systems and tracking technologies.

Data may be affected by:

Reports and analytics are provided for marketing and business decision-making purposes and should not be treated as guarantees of future performance.

25. Artificial Intelligence and Automation

Our services may use artificial intelligence, machine learning, automation tools, large language models, or other technology-assisted systems.

AI and automation may be used for activities including:

AI-generated or AI-assisted outputs may contain errors, omissions, outdated information, or inaccuracies.

Where appropriate, we may use human review and professional judgment, but clients remain responsible for reviewing and approving final materials where client approval is required.

We do not guarantee that AI-generated outputs will be error-free, original, complete, or suitable for every intended purpose.

26. Website Content and Availability

We make reasonable efforts to keep information on our website accurate and current.

However, we do not guarantee that website content will always be:

The website may occasionally be unavailable because of:

We may modify, suspend, discontinue, or update portions of the website at any time.

27. External Websites and Third-Party Links

Our website may contain links to websites, applications, platforms, or resources operated by third parties.

These links may be provided for convenience or informational purposes.

We do not control and are not responsible for:

Access to third-party websites is subject to their respective terms and privacy policies.

28. Electronic Communications and Records

By communicating with us electronically, including through email, online forms, messaging applications, or other digital channels, you consent to receiving electronic communications where permitted by law.

Electronic communications, approvals, proposals, invoices, agreements, and records may be used as evidence of communications between the parties to the extent permitted by applicable law.

You are responsible for maintaining access to the email address and other contact information provided to us.

29. Suspension and Termination

Either party may terminate services in accordance with the applicable written service agreement.

If no separate termination provision applies, either party may provide reasonable written notice of termination.

Upon termination:

We may suspend services where reasonably necessary due to non-payment, misuse, unlawful activity, security concerns, material breach, or other circumstances permitted by the applicable agreement or law.

30. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Dupla Digital Marketing Pty Ltd and its directors, officers, employees, contractors, and agents from third-party claims, liabilities, damages, losses, costs, and reasonable expenses arising from:

This provision does not apply to the extent a claim results from our own conduct for which liability cannot lawfully be excluded or limited.

31. Limitation of Liability

To the maximum extent permitted by law, Dupla Digital Marketing Pty Ltd will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from or related to the website or our services, including:

To the maximum extent permitted by applicable law, our aggregate liability arising from a particular service or engagement will not exceed the fees actually paid to us for that specific service during the applicable period giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any liability, right, or remedy that cannot lawfully be excluded, restricted, or modified under Australian law, including applicable consumer guarantees under the Australian Consumer Law.

32. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify rights or remedies available under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, where those rights or remedies cannot lawfully be excluded, restricted, or modified.

Where the Australian Consumer Law applies, our liability will be dealt with in accordance with the applicable statutory requirements.

If a provision of these Terms is inconsistent with a mandatory consumer protection requirement, the mandatory requirement will prevail to the extent of the inconsistency.

33. Force Majeure

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control.

Such circumstances may include:

Where reasonably practicable, we will take reasonable steps to minimize the impact of such events.

34. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it enforceable where permitted by law.

The remaining provisions will continue in full force and effect.

35. Waiver

A failure or delay by either party to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it later.

Any waiver must be expressly provided and, where appropriate, made in writing.

36. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or similar business transaction.

37. No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship, or agency relationship between you and Dupla Digital Marketing Pty Ltd.

Neither party has authority to bind the other unless expressly authorised in writing.

38. Entire Agreement

These Terms, together with our Privacy Policy and any applicable proposal, quotation, statement of work, service agreement, order form, or other written agreement, constitute the agreement governing your use of our website and the applicable services.

If a specific written service agreement conflicts with these Website Terms, the provisions of the specific written service agreement will control for the services covered by that agreement.

39. Changes to These Terms

We may revise these Terms from time to time to reflect changes to our website, services, business practices, technology, or applicable legal requirements.

The updated version will be published on our website with a revised effective or last-updated date.

Where appropriate, material changes may also be communicated through reasonable notice.

Your continued use of the website or services after updated Terms become effective may constitute acceptance of the revised Terms to the extent permitted by applicable law.

40. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia and, to the extent applicable, the laws of New South Wales, being the State in which Dupla Digital Marketing Pty Ltd principally operates, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms, the website, or our services will be subject to the courts of New South Wales, Australia, unless otherwise required by law or agreed in writing.

41. Contact Us

If you have questions about these Terms and Conditions, our website, or our services, please contact us:

These Terms should be read together with our Privacy Policy and any applicable service agreements, proposals, statements of work, or other contractual documents.