Fastrack Digital Pty Ltd – Terms and Conditions

These Terms and Conditions (“Terms”) apply to all services provided by Fastrack Digital Pty Ltd ABN 80 105 209 679 (“Fastrack Digital”, “we”, “us”, “our”) to the Client (“you”, “your”).

These Terms apply to all proposals, scopes of work (SOW), estimates, projects, ongoing services, website development, hosting, support and digital marketing services provided by us, and are adapted from Fastrack’s existing Digital Marketing Services Agreement.

 

1. Acceptance of Terms

You agree to these Terms by any of the following:

  • accepting or signing a proposal, quote or SOW
  • providing written, email or verbal approval to commence work
  • instructing us to proceed with services
  • continuing to engage us for services
  • paying any invoice issued by us

If there is any inconsistency between these Terms and an agreed SOW or proposal, the SOW or proposal will prevail to the extent of that inconsistency.

 

2. Scope of Services

We provide services including:

  • Website design, development, hosting and support
  • SEO and AI search optimisation (GEO)
  • Paid media (Google, Meta and other platforms)
  • Social media, content and creative services
  • Strategy, analytics and conversion optimisation (CRO)

The specific scope, deliverables, timelines and fees will be outlined in your proposal or SOW.

 

3. Pricing

  • All pricing is exclusive of GST unless stated otherwise
  • Pricing is valid for 30 days unless otherwise specified
  • Fees are based on the agreed scope at the time of issue

If the scope changes, additional fees may apply.

 

4. Variations

Any work outside the agreed scope will be treated as a Variation, including:

  • additional features, integrations or functionality
  • additional design rounds or revisions
  • extra meetings, workshops or project management
  • delays caused by late content, access or approvals
  • urgent or expedited work

We may pause work until variations are approved.

5. Client Responsibilities

You agree to:

  • provide content, access, assets and approvals in a timely manner
  • ensure all supplied materials do not infringe third-party rights
  • review and approve deliverables within 5 business days

Delays may impact timelines and incur additional costs.

 

6. Timelines

Any timelines provided are estimates unless otherwise agreed.

We are not responsible for delays caused by:

  • late client input or approvals
  • third-party systems, platforms or suppliers
  • changes in scope or requirements
  • external integrations (e.g. booking engines, APIs, CMS platforms)

7. Website Development & Technical Services

Where website or technical services are provided:

  • deliverables are limited to the agreed scope
  • third-party systems and integrations are outside our control
  • we are not responsible for issues caused by third-party platforms, hosting, APIs or software updates

A 90-day limited warranty applies from go-live or final delivery, covering bugs in Fastrack-developed code only.

This warranty excludes:

  • new features or enhancements
  • third-party systems or integrations
  • CMS, plugin, browser or server updates
  • changes made by third parties or the Client

Ongoing support and maintenance are available under separate agreement.

8. Digital Marketing Services

We provide marketing services using reasonable care and expertise. However:

  • we do not guarantee rankings, traffic, leads, bookings or ROI
  • platform algorithms and performance are outside our control
  • campaign performance may fluctuate

 

9. Third-Party Platforms & Costs

Our services may involve third-party platforms including Google, Meta, CMS platforms, booking engines, CRMs and hosting providers.

You acknowledge:

  • their performance, outages and changes are outside our control
  • their fees, subscriptions and media spend are separate from our fees unless stated otherwise

10. Intellectual Property

Upon full payment:

  • you are granted a licence to use the final deliverables for their intended purpose

Fastrack Digital retains ownership of:

  • methodologies, frameworks and tools
  • working files and source files (unless otherwise agreed)

We may showcase work for portfolio and marketing purposes.

11. Payment

  • invoices must be paid as per agreed terms
  • marketing campaigns require prepayment to run
  • we may suspend services for overdue invoices

Payment of any invoice constitutes acceptance of these Terms where not already accepted.

 

12. Suspension & Termination

We may suspend services if:

  • invoices are overdue
  • required information or approvals are not provided
  • continuing work creates commercial or technical risk

Either party may terminate for material breach with 14 days’ notice.

All work completed and committed costs remain payable upon termination.

 

13. Liability

To the maximum extent permitted by law:

  • we are not liable for indirect or consequential loss (including lost revenue or bookings)
  • our total liability is limited to the fees paid for the relevant services

Nothing in these Terms excludes rights under Australian Consumer Law.

 

14. Indemnity

You indemnify us against any claims or losses arising from:

  • materials or instructions you provide
  • your breach of these Terms
  • infringement of third-party rights

 

15. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement.

 

16. General

  • These Terms may be updated from time to time on our website
  • The applicable version is the one in effect at the time services are engaged
  • These Terms are governed by the laws of Queensland, Australia