Our Terms

1. Introduction

Welcome to SOM Agency (“we,” “our,” or “us”). These Terms and Conditions govern your use of our website and services. By engaging with our services or accessing our website, you agree to comply with these terms in accordance with Australian laws, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL).

2. Services

We provide marketing and advertising services, including but not limited to:

• Digital marketing and social media management
• Search Engine Optimization (SEO) and content creation
• Branding and advertising strategies
• Website design and development

We reserve the right to update or modify our services at any time.

3. Client Obligations

By engaging our services, you agree to:

• Provide accurate information required for project execution
• Make payments in accordance with agreed terms
• Adhere to copyright and intellectual property laws
• Respect the confidentiality of proprietary information shared during the engagement

Failure to comply with these obligations may result in termination of services without liability on our part.

4. Payments, Refunds & Cancellations

4.1 Payment Terms

• Fees are outlined in the service agreement or invoice provided before service commencement.
• Payments must be made in accordance with the agreed terms (e.g., upfront payment, instalments, or upon completion).
• Late payments may result in a suspension of services.

4.2 Refund Policy

Under the Australian Consumer Law (ACL), refunds may be issued if services fail to meet reasonable expectations or are not delivered as promised. However, refunds are not provided for:

• Change of mind after services have commenced
• Completed work that has been approved by the client

4.3 Cancellation Policy

Clients may cancel services by providing written notice. However, cancellations may be subject to fees covering work completed up to the date of cancellation.

5. Intellectual Property

All content, branding, designs, and strategies created by us remain our intellectual property unless otherwise agreed in writing. Clients receive a non-exclusive, limited license to use the final deliverables for their business purposes.

Unauthorized use, duplication, or resale of our work is strictly prohibited.

6. Liability & Disclaimers

6.1 Limitation of Liability

We are not liable for:

• Loss of business, profits, or data resulting from service use
• Technical issues beyond our control, including third-party platforms (e.g., Google, Facebook, website hosting providers)
• The impact of marketing results, as these depend on factors outside our control

6.2 No Guarantee of Results

While we employ best practices in marketing strategies, we do not guarantee specific outcomes, such as increased sales, leads, or website traffic.

7. Confidentiality

Both parties agree to maintain the confidentiality of sensitive business information shared during the engagement. We are happy to sign a Non-Disclosure Agreement (NDA) upon request.

8. Termination of Services

We reserve the right to terminate any service agreement if:

• A client breaches these terms
• There is non-payment of fees
• The engagement is no longer feasible due to external factors

In such cases, clients will be notified and responsible for payment of completed work up to the termination date.

9. Governing Law

These terms are governed by the laws of Australia, and any disputes shall be resolved in Australian courts.

10. Changes to Our Terms

We may update these terms from time to time. Continued use of our services constitutes acceptance of any revised terms.

Last Updated: 19.03.2025

For any questions regarding these terms, please contact us at:

• Email: info@som.agency
• Phone: +61 416 014 046
• Address: 4/8 Lillian Fowler Pl, 2204 Marrickville NSW