Terms of Service

By accessing or using the services provided by Create & Grow Media ABN 87 827 983 604 ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services.

These terms apply to all services provided by Create & Grow Media, including but not limited to search engine optimisation (SEO), paid advertising management, social media marketing, web design and development, branding, and content creation.

We provide digital marketing and related services as outlined in individual service agreements, proposals, or statements of work provided to you.

The scope, deliverables, timelines, and fees for each engagement are detailed in the applicable service agreement or proposal. In the event of any conflict between these Terms of Service and a specific service agreement, the service agreement shall prevail to the extent of the inconsistency.

We reserve the right to subcontract any part of the services, provided we remain responsible for the quality and delivery of those services.

To enable us to provide services effectively, you agree to:

• Provide timely access to all necessary accounts, platforms, and materials • Supply accurate and complete information as reasonably requested • Review and approve deliverables, content, and campaigns within agreed timeframes • Ensure all materials you provide to us do not infringe any third-party rights • Maintain active and valid payment methods for the duration of our engagement

Delays caused by failure to meet these obligations may result in adjusted timelines or additional fees, which we will discuss with you before proceeding.

Fees for our services are set out in the applicable service agreement or proposal. Unless otherwise agreed in writing:

• Invoices are issued monthly and are due within 14 days of the invoice date • All prices are quoted in Australian dollars (AUD) and are exclusive of GST unless stated otherwise • Late payments may incur interest at a rate of 2% per month on the outstanding amount • We reserve the right to suspend services if payment is overdue by more than 14 days • Ad spend, software licences, stock imagery, and other third-party costs are billed separately and are in addition to our service fees

We accept payment via bank transfer, credit card, or other methods specified in your invoice.

Upon full payment of all applicable fees:

• You retain ownership of all pre-existing materials you provide to us • Ownership of custom-created deliverables (such as website designs, branding assets, and original content) transfers to you • We retain the right to use general knowledge, skills, techniques, and concepts developed during the engagement • We retain the right to showcase completed work in our portfolio and marketing materials, unless you request otherwise in writing

Third-party assets (such as stock photography, fonts, and software licences) remain subject to their respective licence terms. We will advise you of any third-party licence requirements.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This includes, but is not limited to, business strategies, financial information, customer data, login credentials, and marketing data.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

These confidentiality obligations survive termination of the engagement for a period of two (2) years.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Please refer to our Privacy Policy for full details on how we collect, use, store, and disclose personal information.

Where we process personal data on your behalf (for example, through advertising campaigns or CRM integrations), we do so in accordance with your instructions and applicable privacy laws. You are responsible for ensuring you have obtained all necessary consents for the collection and use of personal data through our services.

Unless otherwise specified in a service agreement:

• Monthly retainer services operate on a month-to-month basis after an initial commitment period (typically three months) • Either party may terminate monthly services by providing 30 days' written notice • Project-based services are governed by the timelines in the applicable proposal or statement of work • We may terminate services immediately if you breach these terms and fail to remedy the breach within 14 days of written notice

Upon termination: • All outstanding fees become immediately due and payable • We will provide reasonable assistance to transition services, including handover of access credentials and deliverables • Any prepaid fees for services not yet delivered will be refunded on a pro-rata basis

To the maximum extent permitted by law:

• Our total liability for any claim arising from or related to these terms or our services is limited to the total fees paid by you in the six (6) months preceding the claim • We are not liable for indirect, incidental, consequential, or punitive damages, including loss of revenue, loss of data, or loss of business opportunity • We do not guarantee specific results from marketing campaigns, as outcomes depend on numerous factors beyond our control including market conditions, competition, and platform algorithm changes

Nothing in these terms excludes or limits any rights or guarantees you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded or limited by law.

If a dispute arises in connection with these terms or our services, the parties agree to follow this process:

1. The aggrieved party must notify the other party in writing of the dispute 2. Both parties will attempt to resolve the dispute through good faith negotiation within 14 days 3. If the dispute is not resolved through negotiation, the parties agree to attend mediation administered by a mediator agreed upon by both parties (or, failing agreement, appointed by the Resolution Institute) 4. If the dispute remains unresolved after mediation, either party may pursue legal remedies

These terms are governed by the laws of Queensland, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Queensland.

You agree to indemnify and hold harmless Create & Grow Media, its directors, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your breach of these terms • Materials you provide that infringe third-party rights • Your use of deliverables in a manner not contemplated by the service agreement • Any violation of applicable laws in connection with materials or instructions you provide

Neither party shall be liable for any failure or delay in performing obligations under these terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, pandemics, government actions, internet or telecommunications failures, or platform outages.

• These terms, together with any applicable service agreement, constitute the entire agreement between the parties • Any variation to these terms must be agreed in writing by both parties • If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect • Our failure to exercise any right under these terms does not constitute a waiver of that right • You may not assign or transfer your rights under these terms without our prior written consent

If you have any questions about these Terms of Service, please contact us:

Create & Grow Media Email: hello@createandgrow.au Location: Brisbane, QLD, Australia