Terms & Conditions
The terms of doing work together.
These terms govern your engagement with MDS Diversified Pty Ltd (ABN 48 668 195 819) ("MDS", "we", "us"). By purchasing a setup package or subscribing to a monthly content plan via our website, or by engaging us under a separate quote, you agree to these terms.
1. Services
MDS provides marketing and sales services as described on our website, including (but not limited to) custom marketing websites, social channel setup, monthly content production and posting, lead capture systems, sales pipeline support, and founder-led advisory.
2. Packages and prices
Current pricing is published on our website (mdsdiversified.ai/#packages). Prices are in Australian Dollars (AUD) and exclusive of GST unless otherwise stated. We may update pricing for new customers at any time; existing subscriptions will continue at their original rate until renewal.
3. Payments
- One-off setup packages (Launch, Lift, Scale) are payable upfront in full via Stripe before work begins.
- Monthly content plans (Steady, Active, Always-on) are billed monthly in advance via Stripe on the same calendar day each month.
- All payments are processed by Stripe. By paying, you also agree to Stripe's terms.
- Failed recurring payments will be retried by Stripe per its standard schedule. After repeated failure, services will be paused until payment is resolved.
4. Refunds and cancellations
- Setup packages: non-refundable once work has commenced. If we have not yet started work, you may request a full refund within 7 days of purchase.
- Monthly plans: cancellable at any time via your Stripe customer portal (link in your receipt). Cancellation takes effect at the end of the current billed month — we don't pro-rate partial months.
- Where Australian Consumer Law guarantees apply, we will honour them in addition to the above.
5. Scope of setup packages — what's NOT included
To prevent confusion, our setup packages explicitly do not include:
- Hosting and domain costs — these are the customer's responsibility, registered in the customer's name and billed by the chosen provider directly.
- Cybersecurity advice, audits, or warranties — we don't provide these. Engage a security specialist if you need them.
- Ongoing data management, backups, or content updates after handover — once we hand over the deliverable, the customer is responsible for these.
- Third-party services (analytics, email tools, stock imagery licenses, CRM platforms, etc.) — these sit in the customer's accounts and are billed by them directly.
- Conversion or ranking guarantees — outcomes depend on factors outside our control (market, content, follow-up). We deliver our services with reasonable skill and care but make no guarantee of specific results.
6. Monthly content — approvals
Posts produced under a monthly plan are submitted for your approval before they go live. We do not publish anything to your channels without your sign-off. If you do not respond to an approval request within 7 calendar days, we may, at our discretion, hold the post until you respond — we will not publish without approval.
7. Intellectual property
- Once a setup package has been paid in full, you own the final deliverables (website code, copy, branded assets) and can use them as you see fit.
- For monthly content, you own each post once it has been delivered and paid for.
- We retain the right to use the work as a portfolio reference (e.g. brief case study mention) unless you tell us otherwise in writing.
- Third-party assets included in deliverables (stock images, fonts, plugins) remain subject to their own licenses.
8. Customer responsibilities
You agree to:
- Provide timely access to brand assets, accounts, and information needed to deliver the work
- Respond to approval requests within a reasonable time
- Keep your billing details current in Stripe
- Maintain your own backups of any deliverables once handed over
- Be responsible for the accuracy of any information you supply for use in marketing content
9. Limitation of liability
To the maximum extent permitted by law, our total liability arising from any engagement is limited to the amount you have paid us in the preceding three months. We are not liable for indirect, consequential, or business-loss damages, including loss of profit, data, or reputation, except where Australian Consumer Law guarantees cannot be excluded.
10. Force majeure
Neither party is liable for delays caused by events outside reasonable control (natural disasters, internet outages, third-party service failures, government actions, etc.).
11. Confidentiality
Any non-public information shared between us in the course of an engagement is treated as confidential and not shared with third parties except as needed to deliver the work or as legally required.
12. Termination
Either party may terminate an ongoing engagement with reasonable notice. For monthly plans, cancellation takes effect at the end of the current billed month. We reserve the right to terminate immediately for non-payment, abusive behaviour, or breach of these terms.
13. Governing law
These terms are governed by the laws of New South Wales, Australia. Any dispute will be resolved in the courts of New South Wales.
14. Contact
For any question about these terms: sales@mdsdiversified.ai