Terms & Conditions and Privacy Policy

MARKETING UNDERDOG

Legal Documents

ABN: 32 373 576 721

www.marketingunderdog.com.au | info@marketingunderdog.com

Last updated: March 2026

Terms & Conditions

These Terms and Conditions govern the provision of services by Marketing Underdog ABN 32 373 576 721 ('we', 'us', 'our') to clients ('you', 'your'). By engaging our services, you agree to be bound by these terms.

1. Services

Marketing Underdog provides website design and development, data analysis, and marketing strategy services as outlined in the agreed proposal or service package. The specific deliverables, timelines, and inclusions for your project will be confirmed in writing prior to commencement.

2. Quotes & Proposals

All quotes and proposals are valid for 30 days from the date of issue. A quote does not constitute a contract until a deposit has been received. We reserve the right to revise pricing if project requirements change materially from what was originally scoped.

3. Payment Terms

Website Projects (One-Off Packages):

• A non-refundable deposit of 50% is required before work commences

• The remaining 50% is due upon project completion, before the website is published or files are handed over

• For Elite packages ($3,500+), payment may be structured as: 50% deposit, 25% at mid-point, 25% on completion

Monthly Care Plans:

• Billed monthly in advance via invoice or automatic payment

• First month's payment is due before services commence

• 30 days written notice is required to cancel a Care Plan

Consulting & Strategy Services:

• Hourly consulting is billed at the agreed rate and invoiced weekly or at project completion

• One-off strategy packages require 50% deposit before work begins

• Retainer services are billed monthly in advance

Payment Methods:

• Bank transfer (preferred), credit card, or PayPal

• All prices are in Australian Dollars (AUD) and inclusive of GST unless stated otherwise

Invoices are due within 7 days of issue. Overdue accounts may incur a late payment fee of 1.5% per month.

4. Refund Policy

Marketing Underdog operates under the following refund policy, in compliance with Australian Consumer Law (ACL):

Deposits are non-refundable. Once work has commenced, payments made reflect work completed to date and are non-refundable. Refunds are only considered where Marketing Underdog has failed to deliver the agreed service as described. All refund requests must be submitted in writing to info@marketingunderdog.com within 7 days of the issue arising.

Specifically:

• Deposits are non-refundable under all circumstances

• No refund is payable if the client changes their mind after work has commenced

• No refund is payable if the service was delivered as described in the agreed proposal

• No refund is payable on Care Plan months that have already been delivered

• If a client cancels mid-project, they will be invoiced for all work completed to date at $100/hour, less any deposit already paid

Refunds may be considered only where:

• Marketing Underdog has materially failed to deliver the agreed service

• The service delivered is significantly different from what was described in the proposal

• A written refund request is received within 7 days of the issue arising

Nothing in this policy limits your rights under the Australian Consumer Law where those rights cannot be excluded by agreement.

5. Revisions & Changes

Each package includes a set number of revisions as outlined in the pricing plan. A revision is defined as minor changes to existing content, layout, or design elements. Additional revisions beyond the included amount will be billed at $100/hour. Major changes to scope or direction after work has commenced may require a revised quote.

6. Client Responsibilities

You agree to:

• Provide all required content (text, images, logos, branding) in a timely manner

• Respond to requests for feedback or approvals within 5 business days

• Ensure all content you provide does not infringe on third-party intellectual property rights

• Provide accurate business information including ABN, contact details, and address

Delays caused by late content or slow approvals from your side may affect the agreed project timeline and are not the responsibility of Marketing Underdog.

7. Project Timeline

Estimated timelines are provided in good faith and are dependent on timely receipt of client materials and approvals. Marketing Underdog will communicate any delays as soon as reasonably possible. We are not liable for delays caused by third-party platforms (e.g. Wix, domain registrars, payment gateways).

8. Intellectual Property

Upon full payment, you will own:

• All website content you provided (text, images, logos)

• The final published website as delivered

Marketing Underdog retains the right to:

• Display completed work in our portfolio and marketing materials

• Retain ownership of any proprietary tools, frameworks, or processes used in delivery

Stock images sourced through third-party platforms are subject to their respective licensing terms.

9. Cancellation Policy

• If you cancel after work has commenced, the deposit is non-refundable

• If work beyond the deposit value has been completed, you will be invoiced for work done to date at $100/hour

• Marketing Underdog reserves the right to cancel a project if payment is not received within 14 days of the due date

• Care Plans can be cancelled with 30 days written notice to info@marketingunderdog.com

10. Limitation of Liability

Marketing Underdog's total liability to you for any claim arising from our services is limited to the total amount you have paid us for the relevant service. We are not liable for any indirect, consequential, or special damages including loss of revenue, loss of business, or loss of data.

We do not guarantee specific SEO rankings or marketing results, as these are influenced by many factors outside our control including search engine algorithm changes, market conditions, and competitor activity.

11. Confidentiality

Both parties agree to keep confidential any proprietary business information shared during the engagement. This obligation survives termination of the agreement.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

13. Changes to These Terms

We may update these Terms from time to time. The current version will always be available on our website. Continued use of our services after changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at:

• Email: info@marketingunderdog.com

• Phone: (+61) 40 266 5459

• Website: www.marketingunderdog.com.au

Marketing Underdog ABN 32 373 576 721 ('we', 'us', 'our') is committed to protecting your personal information in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs). This policy explains how we collect, use, store, and disclose your personal information.

1. What Information We Collect

We may collect the following personal information:

Name and contact details (email address, phone number)
Business name and ABN
Billing and payment information
Website usage data (via cookies and analytics tools)
Any information you voluntarily provide through our contact form or email correspondence

We do not collect sensitive information such as health data, financial account details, or government identifiers unless specifically required and with your explicit consent.

2. How We Collect Information

Directly from you when you fill in our contact form, email us, or engage our services
Automatically when you visit our website via cookies and analytics tools (e.g. Google Analytics)
From third-party platforms where you have consented to share your information

3. How We Use Your Information

Respond to your enquiries and provide our services
Process payments and send invoices
Communicate project updates, reports, and recommendations
Send occasional marketing emails (you can opt out at any time)
Improve our website and services through analytics data
Comply with legal obligations

4. How We Store & Protect Your Information

Your personal information is stored securely using industry-standard measures. We use reputable third-party platforms (such as Google Workspace, Wix, and accounting software) that maintain their own security standards. We retain your information for as long as necessary to provide services and comply with legal obligations, typically no longer than 7 years for financial records.

5. Who We Share Your Information With

Third-party service providers who assist us in delivering our services — these parties are bound by confidentiality obligations
Google and other analytics providers for website performance tracking (anonymised data only)
Legal or regulatory authorities if required by law

We do not sell, rent, or trade your personal information to third parties for marketing purposes.

6. Cookies

Our website uses cookies to improve your browsing experience and analyse site traffic. You can disable cookies through your browser settings, though this may affect some website functionality.

Essential cookies — required for the website to function
Analytics cookies — help us understand how visitors use the site (e.g. Google Analytics)
Marketing cookies — used to track the effectiveness of our marketing where applicable

7. Your Rights

Under the Australian Privacy Act, you have the right to:

Access the personal information we hold about you
Request correction of inaccurate or outdated information
Request deletion of your personal information (subject to legal obligations)
Opt out of marketing communications at any time
Lodge a complaint with the Office of the Australian Information Commissioner (OAIC)

To exercise any of these rights, contact us at info@marketingunderdog.com. We will respond within 30 days.

8. Marketing Communications

If you have provided your email address, we may occasionally send you marketing updates or offers relevant to your business. You can unsubscribe at any time by clicking the unsubscribe link in any email or contacting us directly.

9. International Data Transfers

As we operate across Australia and Thailand, some of your information may be processed or stored outside Australia. We ensure that any overseas recipients handle your information in accordance with standards comparable to Australian privacy law.

10. Changes to This Policy

We may update this Privacy Policy from time to time. The current version will always be available at www.marketingunderdog.com.au.

11. Contact & Complaints

For privacy questions or complaints:

Email: info@marketingunderdog.com
Phone: (+61) 40 266 5459
Address: Melbourne, Victoria, Australia

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by calling 1300 363 992.