LEGAL · QUEENSLAND LAW
TERMS OF SERVICE.
These are the terms that apply when you hire Michael Evans Media for website design, social media management or any other digital marketing work. Short, fair and written in plain English — the way a small business agreement should be.
Last updated:
1. WHO WE ARE
Michael Evans Media is a sole-operator digital studio based in Rockhampton, Queensland, run by Michael Evans. In these terms, “we”, “us” and “I” refer to Michael Evans Media. “You” and “client” refer to the business or person hiring me.
2. THE SERVICES
I provide digital services including (but not limited to) website design and development, social media management, content creation, SEO, Google Business Profile optimisation, digital marketing strategy and related advisory. The exact scope of any engagement is set out in a proposal, quote or Statement of Work (SOW) sent to you before work starts.
Anything outside the agreed scope is considered a new piece of work and will be quoted separately.
3. ACCEPTANCE OF THESE TERMS
By signing a proposal, paying a deposit, or instructing me to begin work, you agree to these terms and to the scope, timelines and fees in the proposal. If there is any conflict between these terms and a signed SOW, the SOW wins.
4. PAYMENT TERMS
- Project work (e.g. websites): 50% deposit to start, 50% on handover, unless agreed otherwise in writing.
- Retainers (e.g. social media management): invoiced monthly in advance, due on the 1st of each month.
- Invoices are payable within 7 days of the invoice date unless specified otherwise on the invoice.
- All amounts are in Australian Dollars (AUD) and, where applicable, inclusive of GST.
- Late fees: invoices more than 14 days overdue may attract a late payment fee of 5% of the outstanding amount, plus ongoing interest at 10% per annum. Work may be paused until the account is brought up to date.
- Third-party costs (ad spend, stock imagery, plugins, domains, hosting) are either paid directly by you or invoiced at cost.
5. CLIENT RESPONSIBILITIES
For the work to actually move, I need you to:
- Provide accurate information, brand assets, copy, logins and access when requested.
- Respond to drafts and feedback requests within a reasonable time (typically 3 business days) so the project doesn't stall.
- Confirm you have the rights to any logos, images, videos or copy you supply to me.
- Pay invoices on time.
If a project stalls for more than 30 days because I'm waiting on you, I may invoice the remaining balance and pause the engagement until we're ready to move again.
6. INTELLECTUAL PROPERTY
Once your invoices are paid in full, you own the final deliverables — your website, your content, your brand assets. Simple.
Until full payment is received, I retain ownership of work in progress. I also keep the right to use finished work in my portfolio, case studies and marketing, unless you ask me in writing not to.
Third-party tools, frameworks, fonts, stock assets and software libraries remain the property of their respective owners and are licensed to you under their own terms. I may also reuse my own internal code, templates, scripts and processes on other projects — these are not exclusive to any single client.
7. CANCELLATION AND NO LOCK-IN
I do not believe in lock-in contracts. Ongoing retainers are month-to-month. Either of us can end an ongoing arrangement by giving 30 days' written notice. That gives both sides enough time to wrap up properly, hand over logins, and schedule any remaining content.
For one-off project work (like a website build), cancellation after work has started means any deposit is non-refundable and you'll be invoiced for work completed up to the cancellation date.
If I ever have to cancel on my end (illness, major life events, capacity), I'll give you as much notice as possible and refund any work not yet delivered.
8. LIMITATION OF LIABILITY
I will do the work with reasonable care and skill. That said, digital marketing outcomes depend on a lot of things outside my control — market conditions, algorithm changes, your sales process, your pricing, and so on. I can't guarantee specific results, rankings, follower counts or sales figures.
To the maximum extent permitted by Australian law, my total liability to you for any claim connected to the services is limited to the fees paid by you in the 3 months before the event that gave rise to the claim. I am not liable for indirect, consequential or incidental losses (like lost profits, lost data or reputation damage).
Nothing in these terms excludes or limits any rights or remedies you have under the Australian Consumer Law that cannot lawfully be excluded.
9. CONFIDENTIALITY
Anything you share with me in the course of a project (business strategy, financials, client lists, passwords, unreleased products) stays between us. I will not share it with anyone unless you give me permission, or I am legally required to.
10. GOVERNING LAW
These terms are governed by the laws of Queensland, Australia. Any dispute will be handled in the courts of Queensland. Before any formal action, we both agree to have a real conversation and try to sort it out in good faith.
11. CHANGES TO THESE TERMS
I may update these terms from time to time. The current version will always be available on this page, with the “last updated” date at the top. Material changes will be flagged to existing retainer clients by email. Continuing to use the services after an update counts as acceptance of the new terms.
12. CONTACT
Michael Evans
Michael Evans Media
Rockhampton, QLD 4700, Australia
Email: michael@michaelevansmedia.com.au
Phone: 0427 520 310
READY TO WORK TOGETHER?
NO LOCK-INS. NO SURPRISES.
Straightforward pricing, fair terms and a 30-day exit any time you want one. Let's have a chat.
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