Last Updated: October 24, 2023
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and MK Media ABN 47 604 486 857, trading as Duty Digital ("Duty Digital," "we," "us," or "our"), located at 11 Wilson Street, South Yarra, VIC 3141, Australia.
By engaging our services, accessing our website, or executing a service agreement with us, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our services.
Duty Digital provides search engine optimization (SEO) and artificial intelligence search optimization services, including but not limited to:
Under our invoice matching program, we agree to match your current SEO agency's pricing while providing additional AI optimization services. This program is subject to verification of your existing agency invoice and approval by Duty Digital.
You agree to provide accurate, current, and complete information as requested by Duty Digital, including:
You grant Duty Digital necessary access to your website, hosting accounts, domain registrar, and other digital properties as required to perform the services. You warrant that you have the authority to grant such access.
You represent and warrant that you own or have the necessary rights to all content provided to Duty Digital and that such content does not infringe upon third-party rights.
Service fees are outlined in your service agreement or invoice. Under our invoice matching program, fees will match your verified current agency pricing.
Late payments may result in:
Due to the nature of SEO and digital marketing services, all fees paid are non-refundable. This includes work already performed, strategy development, and time invested in your campaign.
While we employ industry best practices and proven strategies, Duty Digital does not guarantee specific search engine rankings, traffic levels, or AI mention frequencies. Search algorithms are controlled by third parties and change frequently.
SEO and AI optimization are long-term strategies. While some improvements may be seen within 30 days, significant results typically require 3-6 months of consistent optimization.
Duty Digital is not responsible for changes in search engine or AI model algorithms that may affect your rankings or visibility. We will adapt strategies as needed but cannot guarantee immunity from algorithm updates.
All methodologies, strategies, reports, and frameworks developed by Duty Digital, including the D.U.T.Y. Framework™, remain our intellectual property.
Content, code, and optimizations created specifically for your website become your property upon full payment, except for our proprietary methods and frameworks.
Duty Digital reserves the right to display your website and results as part of our portfolio and case studies unless you explicitly opt out in writing.
Both parties agree to maintain the confidentiality of any proprietary information shared during the service relationship, including:
Confidentiality obligations do not apply to information that:
You may terminate services with 30 days written notice. No refunds will be provided for the current service period.
We reserve the right to terminate services immediately if:
Upon termination:
To the maximum extent permitted by law, Duty Digital's total liability for any claims related to our services shall not exceed the total fees paid by you in the three (3) months preceding the claim.
In no event shall Duty Digital be liable for:
Duty Digital will perform services with reasonable care and skill consistent with industry standards.
You agree to indemnify and hold harmless MK Media trading as Duty Digital, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
Parties agree to attempt to resolve disputes through good faith negotiation before pursuing formal proceedings.
If disputes cannot be resolved through negotiation, parties agree to attempt mediation through a mutually agreed mediator in Melbourne, Victoria.
These Terms are governed by the laws of Victoria, Australia, and both parties submit to the exclusive jurisdiction of the courts of Victoria.
Our collection and use of personal information is governed by our Privacy Policy.
By using our services, you consent to our data processing practices as outlined in our Privacy Policy.
These Terms, together with your service agreement, constitute the entire agreement between you and Duty Digital.
We reserve the right to update these Terms at any time. Continued use of services after changes constitutes acceptance of new Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force.
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
You may not assign your rights under these Terms without our written consent. Duty Digital may assign its rights to any successor or affiliate.
Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet outages.
All fees are exclusive of GST unless otherwise stated. GST will be added to invoices as applicable under Australian tax law.
You consent to receive electronic communications from us relating to your account and services. These communications are considered written notice.
We strive to ensure our services and website are accessible. If you have any accessibility concerns or require these Terms in an alternative format, please contact us.
For questions about these Terms and Conditions, please contact:
MK Media trading as Duty Digital
ABN: 47 604 486 857
Address: 11 Wilson Street, South Yarra, VIC 3141
Email: info@dutydigital.com.au
Phone: 1300 950 765
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
