Effective as of 04/07/2026
These Terms of Service (Terms) govern your access to and use of the website located at www.marketingsystems.com.au (the Site) and any related services, tools, content, or engagements provided by Marketing Systems AU Pty Ltd (ACN 694 906 691, ABN 32 694 906 691) (Marketing Systems, we, our, or us).
By accessing the Site, submitting an enquiry, or engaging us for services, you (you or User) agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.
Marketing Systems is an Australian marketing consultancy providing data, analytics, and advertising services, including (without limitation) paid search, paid social, analytics, SEO and AEO, conversion rate optimisation (CRO), lifecycle marketing, demand generation, measurement, performance branding, and prediction services (Services).
Specific scope, deliverables, fees, and timelines for any engagement are set out in a separate written proposal, statement of work, or order form (Engagement Document). Where an Engagement Document conflicts with these Terms, the Engagement Document prevails to the extent of the inconsistency for that engagement.
2.1 You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site or engage our Services.
2.2 You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party.
2.3 You must not:
3.1 Information you submit through contact forms, phone, email, or other channels is handled in accordance with our Privacy Policy.
3.2 You confirm that any information you provide is accurate and current, and that you are authorised to submit it on behalf of any business or organisation you represent.
4.1 Where you engage us for Services, fees are set out in the applicable Engagement Document and are exclusive of GST unless stated otherwise. GST will be added where applicable.
4.2 Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the invoice date.
4.3 We may suspend Services or the Site (or parts of it) if any undisputed amount remains unpaid beyond the due date, and may charge interest on overdue amounts at the rate specified in the Penalty Interest Rates Act 1983 (Vic) from the due date until the date of payment.
4.4 Third-party pass-through costs (for example, media spend, advertising platform fees, software licences) are your responsibility and may be billed at cost or as set out in the Engagement Document.
Where we provide Services to you as a client, you agree to:
6.1 All content on the Site, including text, graphics, logos, images, video, code, and structure, is owned by or licensed to Marketing Systems and is protected by Australian and international copyright, trade mark, and other intellectual property laws.
6.2 You may view, download, and print pages from the Site for your own personal or internal business use, provided you do not modify the content or remove any proprietary notices. Any other use requires our prior written consent.
6.3 Ownership of deliverables produced for you under an Engagement Document is dealt with in that Engagement Document. In the absence of a specific term, we grant you a perpetual, non-exclusive licence to use finalised deliverables for the purpose for which they were created, and we retain ownership of our pre-existing materials, tools, frameworks, and know-how.
6.4 We may reference your business name and logo, and describe the nature of the work performed, in our marketing materials and case studies unless you notify us in writing that you do not consent.
Each party agrees to keep confidential any non-public information disclosed by the other party in the course of an engagement, and to use it only for the purpose of the engagement. This clause does not apply to information that is public, independently developed, lawfully obtained from a third party, or required to be disclosed by law.
8.1 Our Services often involve third-party platforms (for example, Google Ads, Meta, LinkedIn, analytics tools, hosting providers). Your use of those platforms is subject to their own terms, and we are not responsible for their availability, functionality, or policy changes.
8.2 The Site may contain links to third-party websites. Those links are provided for convenience only, and we do not endorse or accept responsibility for the content or practices of those sites.
9.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, that is implied or imposed by the Australian Consumer Law (ACL) or any other law and which cannot lawfully be excluded, restricted, or modified.
9.2 To the extent our Services come with a non-excludable guarantee under the ACL, and to the extent we are entitled to do so, our liability for a failure to comply with such a guarantee is limited (at our option) to:
10.1 The Site and its content are provided on an “as is” and “as available” basis. To the extent permitted by law, we do not warrant that the Site will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
10.2 Marketing outcomes depend on many factors outside our control, including your product, market conditions, third-party platform behaviour, competitor activity, and your responsiveness. We do not guarantee any specific ranking, conversion, revenue, or performance result.
11.1 Subject to clauses 9 and 12, and to the maximum extent permitted by law:
11.2 Each party’s liability is reduced to the extent that the loss was caused or contributed to by the other party.
You indemnify us against all liabilities, losses, damages, and costs (including reasonable legal costs) arising out of or in connection with:
except to the extent caused by our negligence or wilful misconduct.
We collect and handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using the Site or engaging our Services, you acknowledge that you have read and understood the Privacy Policy.
14.1 We may suspend or restrict access to the Site, or terminate an engagement, at any time if you materially breach these Terms or any Engagement Document and, where the breach is capable of remedy, fail to remedy the breach within fourteen (14) days of written notice.
14.2 Either party may terminate an engagement for convenience in accordance with the terms of the applicable Engagement Document.
14.3 On termination, you must pay all fees for Services performed up to the date of termination and any non-cancellable third-party commitments made on your behalf. Clauses that by their nature should survive termination (including intellectual property, confidentiality, indemnity, liability, and governing law) will do so.
Neither party is liable for delay or failure to perform (other than a payment obligation) caused by events beyond that party’s reasonable control, including natural disasters, acts of government, war, terrorism, industrial action, or major third-party platform outages, provided the affected party promptly notifies the other and takes reasonable steps to mitigate the impact.
We may update these Terms from time to time. The current version will always be published on the Site with an updated effective date. Continued use of the Site or Services after changes are posted constitutes your acceptance of the updated Terms. For existing engagements, material changes will apply prospectively and, where required, will be agreed in writing.
17.1 Governing law and jurisdiction. These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
17.2 Entire agreement. These Terms, together with the Privacy Policy and any applicable Engagement Document, constitute the entire agreement between the parties in relation to the subject matter.
17.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a related body corporate or to a successor in connection with a sale of our business or assets.
17.4 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions.
17.5 Waiver. A failure to enforce any provision of these Terms is not a waiver of that provision or of the right to enforce it later.
17.6 Notices. Notices to us should be sent to support@marketingsystems.com.au.
Marketing Systems AU Pty Ltd
ACN 694 906 691 | ABN 32 694 906 691
Melbourne, Australia
Email: support@marketingsystems.com.au
Phone: 03 9124 3882