Terms of service
OVERVIEW
Welcome to Hawker Digital. Throughout the site, the terms “we”, “us” and “our” refer to Hawker Digital.
Hawker Digital operates this website and provides digital marketing, lead generation, CRM automation, website optimisation, Google Ads management, Meta Ads management, local SEO, reputation management and related services (the “Services”).
Our website is powered by Shopify, which enables us to provide portions of the Services and website functionality to you.
By visiting our website, interacting with our Services, submitting enquiries, purchasing subscriptions or using our website in any way, you agree to be bound by these Terms of Service (“Terms”), together with any policies referenced herein.
If you do not agree to these Terms, you must not use our website or Services.
SECTION 1 – ACCESS & ACCOUNT
By agreeing to these Terms, you confirm that you are at least 18 years of age and legally capable of entering into binding agreements.
To access certain Services, you may be required to provide information including your name, email address, phone number, billing details and payment information.
You warrant that all information provided is accurate, complete and current.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.
SECTION 2 – OUR SERVICES
Hawker Digital provides marketing and digital growth services including but not limited to:
- Google Ads Management
- Meta Ads Management
- Local SEO
- Google Business Profile Optimisation
- Reputation & Review Management
- CRM & Workflow Automations
- SMS & Email Automations
- Landing Pages
- Website Optimisation
- Lead Management Systems
- Reporting & Analytics
We reserve the right to modify, suspend or discontinue any Service at any time without notice.
We do not guarantee any specific results including rankings, lead volume, return on ad spend, revenue growth or business outcomes.
SECTION 3 – SERVICE PLANS & BILLING
Hawker Digital offers monthly service plans including Organic, Search, Growth and Scale plans.
All plans are billed monthly unless otherwise agreed in writing.
The initial payment is charged immediately upon purchase and is non-refundable.
Subsequent payments are charged monthly on the same calendar day (or nearest business day).
Management fees are separate from advertising spend and third-party platform costs.
Advertising budgets, SMS charges, email usage fees, AI usage fees, workflow charges and software subscriptions are payable directly by you.
Failure to maintain payment may result in suspension or termination of Services.
SECTION 4 – ORGANIC PLAN CONTENT RESPONSIBILITY
Clients on the Organic plan are responsible for supplying all required content including images, videos and business assets necessary for profile optimisation, posting and geotagging activities.
Content must be uploaded to the designated Google Drive folder or approved delivery method in a timely manner.
Hawker Digital is not responsible for reduced performance, missed posting schedules, incomplete geotagging, reduced optimisation or delays where content has not been supplied by the client.
If insufficient content is provided, we reserve the right to limit or pause related optimisation activities until suitable assets are supplied.
SECTION 5 – GOOGLE ADS & META ADS
By engaging Hawker Digital for advertising services, you authorise us to access and manage your advertising accounts including Google Ads and Meta Ads accounts.
Advertising spend is separate from management fees and is paid directly to the relevant advertising platform.
Cancelling Hawker Digital management services does not automatically stop platform billing or advertising spend.
You remain solely responsible for all advertising charges incurred on your accounts.
No guarantees are made regarding advertising performance, lead volume, conversions, rankings or return on investment.
SECTION 6 – THIRD-PARTY SOFTWARE & USAGE FEES
Our Services may utilise third-party platforms including but not limited to:
- Shopify
- Wordpress
- HighLevel
- Meta
You acknowledge that third-party software fees, subscriptions and usage-based charges may apply.
This includes but is not limited to:
- SMS credits
- Email sending charges
- AI usage fees
- Phone call charges
- CRM automation charges
- Workflow usage fees
These charges are separate from Hawker Digital management fees and remain your responsibility.
SECTION 7 – WEBSITE & PLATFORM ACCESS
You agree to provide timely access to accounts, websites, domains, Google Business Profiles, analytics platforms and other required systems necessary for us to provide the Services.
Delays in providing access, approvals or content may impact delivery timelines and performance.
We are not responsible for delays caused by third-party platforms, account restrictions, suspensions or technical outages.
SECTION 8 – INTELLECTUAL PROPERTY
All content, branding, graphics, systems, frameworks, designs, copy, automations and materials created by Hawker Digital remain our intellectual property until paid for in full unless otherwise agreed in writing.
You may not reproduce, copy, distribute or commercially exploit our intellectual property without written consent.
We may showcase completed work, campaigns or creative assets for portfolio and promotional purposes unless otherwise agreed in writing.
SECTION 9 – OPTIONAL TOOLS & THIRD-PARTY LINKS
Our website and Services may contain third-party tools, integrations or links.
We provide access to these tools “as is” without warranties or guarantees.
We are not responsible for third-party websites, software, products or services.
Your use of third-party platforms is entirely at your own risk.
SECTION 10 – DISCLAIMER OF WARRANTIES
All Services are provided “as is” and “as available”.
We do not guarantee uninterrupted, error-free or secure access to our Services.
We do not warrant that our Services will meet your expectations or generate specific business outcomes.
To the maximum extent permitted by law, all implied warranties are excluded.
SECTION 11 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Hawker Digital shall not be liable for any indirect, incidental, special, consequential or punitive damages including but not limited to:
- Loss of revenue
- Loss of profits
- Loss of business opportunity
- Loss of data
- Advertising losses
- Website downtime
- Platform suspensions
- Technical failures
Our total liability shall not exceed the amount paid by you to Hawker Digital in the preceding 30 days.
SECTION 12 – TERMINATION
You may cancel monthly Services by providing 14 days’ written notice.
Fixed-term agreements may not be cancelled early without payment of the remaining term.
Outstanding invoices remain payable immediately upon termination.
We reserve the right to suspend or terminate Services at any time for breach of these Terms or non-payment.
SECTION 13 – RELATIONSHIP WITH SHOPIFY
Hawker Digital is powered by Shopify, which enables portions of our website and Services.
However, all purchases and agreements are made directly with Hawker Digital and not Shopify.
You acknowledge that Shopify is not responsible for any aspect of your relationship, purchases or agreements with Hawker Digital.
SECTION 14 – PRIVACY
Your submission of personal information through the website is governed by our Privacy Policy.
By using our Services, you consent to the collection and use of your information in accordance with our Privacy Policy.
SECTION 15 – GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia.
You agree to submit to the exclusive jurisdiction of the courts of Queensland.
SECTION 16 – CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time.
Updated Terms will be published on this page and continued use of the Services constitutes acceptance of the updated Terms.
SECTION 17 – CONTACT INFORMATION
Questions regarding these Terms should be directed to:
Hawker Digital
admin@hawkerdigital.com.au
www.hawkerdigital.com.au