Clear terms for using this website and working with IMS.

Acceptance and scope of these terms

By accessing or using this website, you agree to these website-use terms. If you engage Internet Marketing Service (IMS, we, us or our) for paid work, the service-related provisions on this page also form part of the general framework of that engagement unless a written project document states otherwise.

A service contract may arise through a signed agreement, written acceptance of a proposal or quotation, payment made in circumstances where payment indicates acceptance, or other conduct that clearly demonstrates agreement.

Service engagements and document priority

IMS provides internet marketing consulting, strategy, implementation, optimisation, analytics, website-conversion, advertising, follow-up, reputation and related services. The exact deliverables, exclusions, timing and fees for paid work should be described in the applicable proposal, quotation, scope, service agreement or invoice.

If documents contain inconsistent terms, the more specific and more recently agreed written term will generally prevail for the matter it addresses, subject to any law that applies.

Lawful and responsible website use

You may use this website for lawful personal or business purposes. You must not knowingly:

• interfere with, damage or attempt to disable the website or its infrastructure
• attempt unauthorised access to accounts, systems, source code, data or restricted areas
• introduce malware, malicious scripts or automated activity intended to disrupt the site
• scrape, reproduce or commercially exploit substantial website content without permission where permission is legally required
• use the site in a way that infringes another person’s rights or breaches applicable law

IMS may take proportionate steps to protect the site, including blocking abusive traffic or restricting access where reasonably necessary for security or legal compliance.

Website information and professional advice

IMS aims to provide useful, accurate and current information, but website content is general in nature. Marketing platforms, search algorithms, advertising systems, legislation, technology and market conditions change over time.

Website content should not be treated as legal, accounting, taxation or financial advice. Where a decision depends on specialist advice, obtain advice from an appropriately qualified professional.

IMS may correct, update or remove website material when information changes or an error is identified.

Fees, invoices and third-party costs

Service fees, payment stages and due dates are those stated in the applicable proposal, quotation, agreement or invoice. GST will be dealt with as stated in the relevant commercial document and as required by law.

Unless expressly included, third-party expenditure—such as advertising media spend, software subscriptions, domains, hosting, premium plugins, stock assets or external specialist costs—is separate from IMS professional fees.

If an amount becomes overdue, IMS may contact you to resolve the issue. Where reasonable and permitted by the agreed arrangement, IMS may pause further work after giving notice while an overdue amount remains unpaid.

A payment dispute should be raised promptly so the parties can identify the amount or work in question before further costs accrue.

Client information, access and approvals

To provide services effectively, a client may need to:

• provide accurate information, brand material, account access and other agreed inputs
• identify any legal, regulatory, professional or brand restrictions relevant to the project
• review drafts and provide approvals or feedback within a reasonable time
• ensure they have authority to provide material, data or access supplied to IMS
• maintain appropriate backups and security for systems under their control
• make final commercial decisions about recommendations, budgets and publication

If required inputs or approvals are delayed, project dates may need to move. IMS will aim to communicate material timing effects rather than treating every delay as an automatic cancellation.

Scope changes and additional work

A project can evolve. If you request work outside the agreed scope, IMS will normally identify the change and, where material, agree any additional fee, timing or deliverable before proceeding.

Minor refinements that reasonably sit within the agreed scope may be handled without a formal variation. A substantial new requirement should not be assumed to be included merely because it is related to the original project.

Marketing outcomes and third-party platforms

IMS focuses on practical improvements to visibility, clicks, conversion, measurement, enquiry quality and follow-up. However, marketing outcomes are influenced by matters outside IMS control, including your offer, pricing, reputation, competition, market demand, sales follow-up, website history, advertising budget and platform changes.

Search engines, social networks, advertising platforms, email providers and other third parties may change their algorithms, policies, interfaces, pricing, eligibility rules or account decisions independently of IMS.

Third-party services, accounts and links

Projects may involve third-party services such as Google, Meta, WordPress, Elementor, hosting companies, CRM platforms, analytics providers, email systems or other software suppliers. Their own terms, privacy policies, availability and fees may apply.

Where practical, business-critical advertising, analytics and platform accounts should be established or maintained in the client’s name or under client-controlled access. IMS is not responsible for a third party’s independent outage, suspension, policy change or data decision, except to the extent IMS has caused a problem through its own failure to exercise required care and skill.

External links on this website are provided for convenience or reference. A link does not necessarily amount to endorsement of everything on the external site.

Intellectual property and project materials

Each party retains ownership of intellectual property it owned or developed independently before the engagement. You retain ownership of client-supplied logos, trade marks, photographs, data and other material you are entitled to provide.

Unless a project document states otherwise, IMS retains ownership of its pre-existing methods, frameworks, templates, know-how, reusable code, processes and tools. After agreed fees for final deliverables are paid, the client receives the ownership or licence expressly stated in the project document.

If a project document is silent, the client receives an ongoing, non-exclusive licence to use the final paid deliverables for its own business purposes. Third-party assets remain subject to their applicable licences.

Website content and IMS branding may not be copied, republished or commercially exploited except with permission or where Australian law permits the use without permission.

Confidentiality and personal information

Each party should take reasonable care with confidential business information received through an engagement and use it only for legitimate project or business purposes, except where disclosure is authorised or required by law.

Personal information is handled in accordance with the IMS Privacy Policy. Do not send passwords, highly sensitive client information or confidential credentials through a general website form.

Software, automation and AI-assisted work

IMS may use software, automation and artificial-intelligence tools to assist with research, drafting, analysis, administration, design or implementation where appropriate. Human review remains important because automated outputs can contain errors or require commercial judgment.

Where project confidentiality, client policy, regulation or data sensitivity requires a particular restriction on external tools, that requirement should be raised before the relevant material is supplied or processed.

Australian Consumer Law, consumer guarantees and liability

Nothing in these terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including applicable rights under the Australian Consumer Law.

Where the Australian Consumer Law applies to services, relevant statutory guarantees may include that services are provided with due care and skill, are fit for an agreed purpose where the law provides, and are supplied within a reasonable time where no time is fixed.

Subject to those non-excludable rights, each party is responsible for loss to the extent caused by its own breach, negligence or unlawful conduct. IMS is not responsible for losses caused solely by matters outside its reasonable control, client instructions or omissions, or independent third-party failures for which IMS is not legally responsible.

No clause in these terms is intended to exclude compensation for loss or damage where Australian law requires that compensation to be available.

Pausing, cancelling or ending an engagement

Any project-specific cancellation or termination provision in an accepted proposal or agreement applies first.

If no project-specific term addresses the situation, either party may ask to end an ongoing engagement by giving reasonable written notice. The parties should then deal fairly with work completed, agreed commitments already incurred, client materials, access and any prepaid amount relating to work not supplied.

IMS may pause work where reasonably necessary because of an overdue account, security concern, unlawful instruction, serious breach or failure to provide an essential project input, after giving notice where circumstances reasonably permit.

This clause is subject to any cancellation, refund or compensation rights that apply by law.

Events beyond reasonable control

A party will not be treated as having failed solely because a genuine event outside its reasonable control temporarily prevents performance, provided it takes reasonable steps to communicate the issue and reduce avoidable delay or loss.

Examples may include major telecommunications outages, widespread platform failure, natural disaster, government action or serious infrastructure disruption. Payment obligations for work already properly supplied are not automatically cancelled by such an event.

Questions, complaints and dispute resolution

If a concern arises, contact IMS promptly and describe the issue and the outcome you seek. The parties should first try in good faith to resolve the matter through direct discussion and by reviewing the agreed scope, approvals, records and applicable law.

Nothing in this clause prevents either party from seeking urgent relief, using a statutory complaints process or exercising rights available under Australian law.

Governing law

These terms are governed by the laws applicable in Queensland, Australia, together with applicable Commonwealth law.

Nothing in this clause is intended to remove a right to bring a claim in another court, tribunal or forum where applicable law permits or requires that option.

Changes to these terms

IMS may update the website-use terms when the website, services, technology or law changes. The current version will be published on this page with its effective date.

A later website update will not retrospectively replace a specifically agreed project term unless the parties agree to the change or the law requires it.

Contact Internet Marketing Service

Questions about these terms, a proposal, an invoice or an existing service engagement can be directed to:

Internet Marketing Service
37 Witheren Circuit, Pacific Pines QLD 4211, Australia
Email: hello@internetmarketingservice.com.au
Phone: +61 452 144 476