Terms & Conditions

Enkindle Marketing & Management
ABN 29 384 936 347
Last updated: September 2026

Overview
These terms govern the digital marketing services we provide. Where you have signed a separate services agreement with us, that agreement and its schedule set the scope, fees and reporting for your engagement, and prevail over these terms to the extent of any conflict. These terms set out the general basis on which we work. They are written in plain English on purpose. If anything is unclear, ask us and we will walk you through it.

Our services
We provide the services set out in your proposal or services agreement. Depending on what you engage us for, this may include SEO, Google Ads, Meta and other paid advertising, email and SMS marketing, web design and development, and related work. Anything outside that agreed scope is additional work, which we quote and agree with you in writing before it starts.

Fees, invoicing and payment
You pay a fixed retainer, stated in your agreement and inclusive of GST unless stated otherwise. We bill every 4 weeks rather than per calendar month. We issue each invoice about 14 days before it is due, and payment is due at the start of each 4-week cycle on 14-day terms. For all services other than a website build, we begin work once your first invoice is paid and we have proof of payment. Website builds begin on the upfront deposit agreed in your proposal. If an invoice is not paid by its due date, we may apply a late fee of up to 20% of the overdue amount, compounding every 4 weeks until the account is paid in full. If an invoice remains unpaid 21 days after its due date, we may suspend the services until the account is brought up to date. Payment is not withheld or set off because of a dispute about part of the services; disputes are handled while payment continues.

Term, notice and cancellation
Any minimum term is stated in your agreement. After it ends, the engagement continues from one 4-week cycle to the next. Either party may cancel for convenience by giving 30 days written notice (email is fine). The services continue, and are payable in full, throughout the notice period. On cancellation by the client, a cancellation fee equal to one further cycle's retainer is payable. Fees already invoiced or covering the current billing cycle are not refunded. Either party may end the engagement immediately, by written notice, if the other commits a material breach that is not remedied within 14 days, or becomes insolvent.

Ownership of work, campaigns and tracking
We own what we build, when we build it. All work we create under your engagement, and all systems we build (including advertising campaigns and account structures, tracking and analytics configurations, automations, content, copy, designs, templates and code), is owned by Enkindle at the moment it is created.

While invoices are outstanding, you have a limited, revocable licence to use the delivered work for your own business. Ownership of the paid, in-scope work transfers to you once all invoices are paid in full. Until then, we retain ownership and may withhold or revoke access to unpaid work.

The advertising campaigns and account structures we build and manage for you, including Performance Max and other Google and Meta campaigns, are created and owned by Enkindle. On termination we may pause, remove or delete the campaigns, assets and account structures we built. Your ad account itself, and your own historical account data, remain yours.

Our custom tracking, analytics and measurement setup is never transferred to you, whether or not it has been paid for. This includes custom Google Analytics (GA4) configurations, Google Tag Manager containers and tags, server-side tracking (which we set up and pay for), conversion and pixel setups, dashboards, and any custom scripts or automations we install on your accounts. It remains Enkindle's property at all times, and on termination we may switch it off, remove and delete it from your accounts, including your ad accounts, GA4 and GTM. You keep your own accounts and your raw account data; the measurement layer we built on top goes with us.

Your own platforms and accounts (for example your website, ad accounts, domains, pixels and analytics properties) remain yours, and our access to them is as manager only and ends on termination. Our own pre-existing and general-purpose materials (our methods, internal tools, frameworks, reusable templates, code libraries and know-how) remain ours at all times. Nothing here transfers your own pre-existing brand assets or materials to us.

Reporting and results
We provide a performance report every 4 weeks in the agreed format. We provide the services with due care and skill, but we do not guarantee any specific outcome, including search rankings, traffic, impressions, followers, leads, sales or revenue. Results depend on factors outside our control, including third-party platforms, market conditions and your own actions.

Confidentiality
Each party keeps the other's confidential information (including business plans, customer information, account data, unpublished work and the commercial terms of the engagement) confidential, and uses it only for the purposes of the engagement. This continues after the engagement ends.

Disputes, liability and events outside our control
We will first try to resolve any dispute by good-faith discussion. If it is not resolved within 14 days, we will attempt mediation in Perth, Western Australia, before starting court proceedings (urgent injunctive relief excepted). Each party's total liability is capped at the fees paid in the 4-week cycle before the claim arose, and neither party is liable for indirect or consequential loss. Nothing excludes any liability that cannot be excluded by law, including under the Australian Consumer Law. Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform outages and search-algorithm or ad-policy changes.

General
These terms are governed by the laws of Western Australia. Together with your services agreement, they are the entire agreement and replace all prior discussions. Changes must be in writing. We may transfer these terms to a related or successor entity within the ETC Holdings group, including Enkindle Group Pty Ltd, on the same terms. We may reference your name and a general description of our work in our portfolio and marketing, unless you opt out in writing.

Contact
Questions about these terms? Get in touch:
Enkindle Marketing & Management
📧 admin@enkindlegroup.com.au
🌐 enkindlegroup.com.au