Terms & Conditions

Effective Date: 01/09/2024
These Terms and Conditions ("Agreement") govern your use of services provided by Upkey Agency (“we”, “our”, or “us”). By paying an invoice or engaging our services, you (“Client”, “you”, or “your”) agree to be bound by the following terms.

1. Scope of Services

Upkey Agency will provide digital marketing and creative services as agreed upon in writing, such as (but not limited to) social media strategy, social media management, content creation, paid advertising, SEO, brand development, influencer marketing and consulting.

All services rendered will be tailored to your brand goals and delivered within reasonable timeframes as mutually discussed.

2. Payment Terms

All services must be prepaid in full before commencement unless otherwise agreed in writing.
Invoices are due on receipt and payable via Stripe, credit/debit card, or bank transfer.
Late payments may result in service suspension and incur a 10% late fee per overdue invoice.

3. Recurring Billing Authorisation

By making your first payment to Upkey Agency, you:

Authorise us to securely store your initial payment method (e.g. credit/debit card or bank account).
Authorise us to automatically charge future invoices based on the agreed billing cycle (weekly, monthly, or per project).
Agree that further written approval will not be required for each transaction under this arrangement.

This authorisation will remain in effect unless:

You notify us in writing to update or cancel your billing method, or
The service is terminated in writing by either party.

You are responsible for maintaining valid and up-to-date billing information. Failed payments may result in a pause of services and additional processing or penalty fees.

4. Refund Policy

Due to the digital nature of our services and the real-time resources dedicated to strategy, planning, and execution, all payments are final and non-refundable once services have commenced or strategy work has been delivered.

This includes (but is not limited to) strategy documents, written content plans, scheduled consultations, creative drafts, account research, or platform setup.

No refunds will be issued for change-of-mind, lack of communication from the Client, or delays caused by the Client’s unavailability.

In specific cases where services cannot be rendered due to our own fault, credit or alternative arrangements may be offered at our sole discretion.

5. Client Responsibilities

You agree to provide necessary access to platforms, files, branding assets, and direction required for delivery.
You are responsible for responding to communication and approvals in a timely manner.
Delays due to lack of client response do not constitute a breach by Upkey Agency.

6. Confidentiality

Both parties agree to maintain confidentiality of all shared information, passwords, brand materials, and client data. We may request permission to use non-confidential deliverables for portfolio or promotional use.

7. Intellectual Property

All original creative work (designs, strategies, ad copy, content, etc.) developed by Upkey Agency remains our intellectual property until full payment has been received. Upon payment, you are granted full usage rights. We reserve the right to use anonymised or redacted examples for showcasing our services.

8. Cancellations & Terminations

You may cancel any ongoing service by providing 14 days’ written notice.
Any completed work or pro-rated time invested up to the cancellation date will be invoiced and must be paid before full termination.
No refunds will be issued for unused time or strategy once commenced.

9. Limitation of Liability

We strive to deliver services that drive results but do not guarantee specific performance outcomes due to external variables (platform changes, audience behavior, algorithm updates, etc.).

Upkey Agency will not be held liable for any indirect loss, business interruption, or revenue loss resulting from service use or delay.

10. Dispute Resolution

We aim to resolve all issues in good faith. Should a dispute arise, both parties agree to first attempt to resolve it through discussion. If no agreement can be reached, the matter may be escalated via mediation under Australian consumer and small business law.

11. Jurisdiction

These Terms are governed by the laws of Queensland, Australia. All legal proceedings must be initiated in the courts of Queensland.

12. Agreement Acknowledgement

By engaging our services, making a payment, or continuing work with Upkey Agency, you acknowledge and agree to these Terms and Conditions in full.