Terms & Conditions
Standard Payment Terms
You (Your company) agree to pay the agreed initial invoice upon receipt, which will act as a project deposit. Every subsequent invoice will have a 7-day payment term. If your payment is not made within 14 days, Noize Pty Ltd will charge a late payment fee of 5% per month on any overdue and unpaid balance not in dispute. This is for the human resources, interest, and other costs Noize Pty Ltd pays for carrying outstanding invoices. Noize Pty Ltd reserves the right to suspend work until payment is received. All overdue penalties are pro-rated weekly and calculated in advance.
Transactions of $750 AUD or less will be payable at the point of deal confirmation via debit or credit card. All debit and credit card payments will be securely processed via Chargebee or Stripe. A receipt for your transaction will be issued automatically via email.
Changes, Revision & Mistakes
Our quoted pricing includes one round of changes. Spelling, image and content errors are always fixed 100% free. Additional changes to our completed work can be completed upon request and billed according to our Standard Payment Terms. If your project requirements change beyond the scope of our initial quote, we will notify you and provide you with a re-quote. If you choose not to proceed with the re-quote, you agree to compensate Noize Pty Ltd for any work already completed under the original quote.
Whilst we commit to delivering a standard of work completed to the best of our ability, we cannot guarantee error-free work (we’re human!) and therefore cannot be liable to you or any third party for any issues that may arise as a result of our completed work, regardless of notification of errors in our work by you or your agents/representatives. Please refer to our terms on Indemnity for further details.
Liability and Indemnity
By agreeing to work with us, you agree to indemnify and hold harmless Noize Pty Ltd, its directors, agents and representatives, of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, to the extent caused by or arising out of or relating to the work completed by us.
Where your business is subject to regulatory restrictions for marketing and brand representation, Noize Pty Ltd takes no responsibility for breaches or conflicts arising from breaches of compliance.
Mutual Agreed Cooperation
Noize Pty Ltd agrees to use our best efforts to fulfil and exceed the expectation of your deliverables and services. You agree to aid us in this by making all the necessary project information available and cooperating with us in expediting the work. Projects that go dormant for longer than 30 days due to incomplete or outstanding information will incur a fee of 10% of the project value to resume work at our discretion.
Charges for Additional Services Performed
Work, design, copywriting, functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out of scope, and additional fees may be incurred. We will notify you with the option for us to re-quote or bill you at an agreed rate. Some services may have standard pricing structures, which we may refer you to for estimates. This includes ad-hoc technical support and comparable services as required or requested by you or your staff. If we have not provided a specific quote with adjusted payment arrangements and custom prices, the following pricing will apply:
Subscription & Hosting Charges
In the event of unpaid hosting or subscription charges, we will send you a notification to make a payment or update your payment details. If the account remains unpaid for 30 days, we reserve the right to pause or cancel all services. The balance of the account must be paid in full, and you may incur a fee to resume services at the discretion of Noize Pty Ltd.
Advertising & Advertising Management
Our advertising management fee is $500 per month or 20% of your total advertising spend, exclusive of GST. Advertising spend is calculated from the first day to the last day of each calendar month, and you will be billed monthly by invoice or direct debit. You will be provided with monthly performance reports. Creation or setup of new campaigns will be individually quoted and supplied as required.
Project Timelines
Project timelines are estimates and may change throughout your rollout. In the event of a change, you will be notified and provided with a new estimate. Noize Pty Ltd will not be liable to you or any third party for any damages, including any lost profits, lost savings or other consequential or special damages as a result of project delays.
Mutual Confidentiality
Unless agreed otherwise, both you as a client and Noize Pty Ltd mutually agree to maintain confidentiality on any information disclosed by one party to the other, which may not already be available in the public domain or accessible from other sources outside the arrangements between both parties. Confidential information may include but is not limited to: pricing and quotes; processes and trade secrets and operations; unreleased news and/or announcements; details of prospective projects.
Suspension or Termination of Services
Noize Agency Pty Ltd reserves the right to terminate ongoing services provided to any client and any time without cause or explanation. In the event of immediate termination, you as a client will be notified by email. Where services are critical for your business operation, and where possible without additional cost, we will assist in transferring the management of those services to your alternative service provider.
Warranty of Authority
By engaging Noize Agency Pty Ltd for any service, you warrant that you have full legal and regulatory authority to produce, issue and distribute the materials you have instructed us to create on your behalf. Noize Agency Pty Ltd is not liable for any damages or loss caused to any third party or you as the client for the unlawful creation, publication, distribution, or unauthorized use of any works completed by your instruction or approved by you as a result of your engagements with us. We reserve the right to unpublish or suspend the distribution of materials, products, or content that is considered to be in violation of your legal authority, is in a legal dispute, or maybe considered unlawful.
Severability
Unenforceability or invalidity of one or more clauses in these Terms shall not have an effect on any other clause in these Terms. If it is possible, any unenforceable or invalid clause in these Terms shall be modified to show the original intention of the parties.
Changes to Terms
These Terms supersede and replace all prior Terms, communications and understandings between you as a client and Noize Pty Ltd unless expressly stipulated in writing and agreed to by both parties.
We may update and change these terms from time to time. In the event that these terms are changed, Noize Pty Ltd may or may not notify you. Arrangements made under previous Terms will remain under those Terms unless we provide you with a notice of change. Any new work completed for you will be subject to the most current set of Terms outlined on this page.
You (Your company) agree to pay the agreed initial invoice upon receipt, which will act as a project deposit. Every subsequent invoice will have a 7-day payment term. If your payment is not made within 14 days, Noize Pty Ltd will charge a late payment fee of 5% per month on any overdue and unpaid balance not in dispute. This is for the human resources, interest, and other costs Noize Pty Ltd pays for carrying outstanding invoices. Noize Pty Ltd reserves the right to suspend work until payment is received. All overdue penalties are pro-rated weekly and calculated in advance.
Transactions of $750 AUD or less will be payable at the point of deal confirmation via debit or credit card. All debit and credit card payments will be securely processed via Chargebee or Stripe. A receipt for your transaction will be issued automatically via email.
Changes, Revision & Mistakes
Our quoted pricing includes one round of changes. Spelling, image and content errors are always fixed 100% free. Additional changes to our completed work can be completed upon request and billed according to our Standard Payment Terms. If your project requirements change beyond the scope of our initial quote, we will notify you and provide you with a re-quote. If you choose not to proceed with the re-quote, you agree to compensate Noize Pty Ltd for any work already completed under the original quote.
Whilst we commit to delivering a standard of work completed to the best of our ability, we cannot guarantee error-free work (we’re human!) and therefore cannot be liable to you or any third party for any issues that may arise as a result of our completed work, regardless of notification of errors in our work by you or your agents/representatives. Please refer to our terms on Indemnity for further details.
Liability and Indemnity
By agreeing to work with us, you agree to indemnify and hold harmless Noize Pty Ltd, its directors, agents and representatives, of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, to the extent caused by or arising out of or relating to the work completed by us.
Where your business is subject to regulatory restrictions for marketing and brand representation, Noize Pty Ltd takes no responsibility for breaches or conflicts arising from breaches of compliance.
Mutual Agreed Cooperation
Noize Pty Ltd agrees to use our best efforts to fulfil and exceed the expectation of your deliverables and services. You agree to aid us in this by making all the necessary project information available and cooperating with us in expediting the work. Projects that go dormant for longer than 30 days due to incomplete or outstanding information will incur a fee of 10% of the project value to resume work at our discretion.
Charges for Additional Services Performed
Work, design, copywriting, functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out of scope, and additional fees may be incurred. We will notify you with the option for us to re-quote or bill you at an agreed rate. Some services may have standard pricing structures, which we may refer you to for estimates. This includes ad-hoc technical support and comparable services as required or requested by you or your staff. If we have not provided a specific quote with adjusted payment arrangements and custom prices, the following pricing will apply:
- Graphic design: $120/hr
- Website content and layout changes: $160/hr
- Website development, technical support, systems and automation, including CRM adjustments: $320/hr
- Strategy, branding, advice & advertising: $320/hr
- Project management $320/hr
Subscription & Hosting Charges
In the event of unpaid hosting or subscription charges, we will send you a notification to make a payment or update your payment details. If the account remains unpaid for 30 days, we reserve the right to pause or cancel all services. The balance of the account must be paid in full, and you may incur a fee to resume services at the discretion of Noize Pty Ltd.
Advertising & Advertising Management
Our advertising management fee is $500 per month or 20% of your total advertising spend, exclusive of GST. Advertising spend is calculated from the first day to the last day of each calendar month, and you will be billed monthly by invoice or direct debit. You will be provided with monthly performance reports. Creation or setup of new campaigns will be individually quoted and supplied as required.
Project Timelines
Project timelines are estimates and may change throughout your rollout. In the event of a change, you will be notified and provided with a new estimate. Noize Pty Ltd will not be liable to you or any third party for any damages, including any lost profits, lost savings or other consequential or special damages as a result of project delays.
Mutual Confidentiality
Unless agreed otherwise, both you as a client and Noize Pty Ltd mutually agree to maintain confidentiality on any information disclosed by one party to the other, which may not already be available in the public domain or accessible from other sources outside the arrangements between both parties. Confidential information may include but is not limited to: pricing and quotes; processes and trade secrets and operations; unreleased news and/or announcements; details of prospective projects.
Suspension or Termination of Services
Noize Agency Pty Ltd reserves the right to terminate ongoing services provided to any client and any time without cause or explanation. In the event of immediate termination, you as a client will be notified by email. Where services are critical for your business operation, and where possible without additional cost, we will assist in transferring the management of those services to your alternative service provider.
Warranty of Authority
By engaging Noize Agency Pty Ltd for any service, you warrant that you have full legal and regulatory authority to produce, issue and distribute the materials you have instructed us to create on your behalf. Noize Agency Pty Ltd is not liable for any damages or loss caused to any third party or you as the client for the unlawful creation, publication, distribution, or unauthorized use of any works completed by your instruction or approved by you as a result of your engagements with us. We reserve the right to unpublish or suspend the distribution of materials, products, or content that is considered to be in violation of your legal authority, is in a legal dispute, or maybe considered unlawful.
Severability
Unenforceability or invalidity of one or more clauses in these Terms shall not have an effect on any other clause in these Terms. If it is possible, any unenforceable or invalid clause in these Terms shall be modified to show the original intention of the parties.
Changes to Terms
These Terms supersede and replace all prior Terms, communications and understandings between you as a client and Noize Pty Ltd unless expressly stipulated in writing and agreed to by both parties.
We may update and change these terms from time to time. In the event that these terms are changed, Noize Pty Ltd may or may not notify you. Arrangements made under previous Terms will remain under those Terms unless we provide you with a notice of change. Any new work completed for you will be subject to the most current set of Terms outlined on this page.
