Terms of Service

These Terms of Service apply to services supplied by Clear View Marketing (the Consultant) to the person or business identified in an accepted proposal, quote or statement of work (the Client).

1. Agreement and scope

The engagement consists of these terms and the applicable proposal, quote or statement of work (the Statement of Work). The Statement of Work will describe the services, deliverables, fees, assumptions and indicative timing. If there is an inconsistency, the Statement of Work takes priority for that engagement. A Client accepts the agreement by signing or confirming acceptance in writing, paying an invoice, or instructing the Consultant to begin work.

2. Fees and payment

Unless the Statement of Work says otherwise, fees are quoted in Australian dollars and exclude GST. The Client will pay 50% of the total fee plus applicable GST before work begins. The remaining 50% plus applicable GST will be invoiced when the report is complete and must be paid no later than seven calendar days from the invoice date.

The Consultant may pause work or withhold the final report, recorded walkthrough and other final deliverables while an invoice is overdue. The Client is responsible for any pre-approved third-party costs stated in the Statement of Work.

3. Client responsibilities

The Client will provide timely, accurate and lawfully obtained information, appropriate access and an authorised contact. The Consultant may rely on information supplied by the Client without independently auditing or verifying it. The Client remains responsible for ensuring that it has authority to share any information, systems access or materials provided for the engagement.

4. Changes

Any material change to scope, assumptions, stakeholders, timing or deliverables must be agreed in writing. A requested change may affect fees and delivery dates. The Consultant will explain any material impact before carrying out additional work.

The Marketing Check is presented as a final report based on the information available and supplied for the engagement. Revisions are not included. The Client may request clarification about what the report says within seven calendar days after the final report is delivered. A clarification request does not include rewriting the report, carrying out new research, reconsidering recommendations because circumstances or information have changed, or producing additional deliverables. Any additional work requested will be scoped and quoted separately and will begin only after written approval.

5. Confidentiality

Each party will protect the other party’s confidential information, use it only for the engagement and disclose it only to people who reasonably need it for that purpose. This obligation does not apply to information that is already public through no breach of the agreement, was lawfully known or obtained independently, or must be disclosed by law. Where legally permitted, the receiving party will give reasonable notice before a required disclosure.

6. Intellectual property

Each party retains ownership of its pre-existing materials. On full payment, the Client owns the final client-specific deliverables created for the engagement, excluding the Consultant’s pre-existing materials, general methods, know-how, frameworks, templates and reusable non-client-specific tools. The Consultant grants the Client a perpetual licence to use any retained Consultant material included in a final deliverable as reasonably necessary to use that deliverable within the Client’s business.

7. Privacy and security

Each party will handle personal information and credentials lawfully, use reasonable security controls and promptly notify the other of a suspected incident affecting engagement information. The Client should provide only the information reasonably required for the engagement. Clear View Marketing’s handling of personal information is also described in its Privacy Policy.

8. Advice and outcomes

The Marketing Check and its recommendations are professional opinions based on the information supplied by the Client, other evidence reasonably available, market conditions and the time available. The Consultant is not responsible for an omission or conclusion resulting from incomplete, inaccurate or late information supplied for the engagement. The Client remains responsible for its decisions, implementation, legal compliance and results. No particular revenue, cost saving, lead volume, ranking or growth outcome is guaranteed.

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

9. Conflicts

The Consultant may decline, pause or end an engagement if an actual or reasonably perceived conflict arises. The Consultant will not disclose or use another client’s or employer’s confidential information. Where practical, the Consultant will notify the Client and discuss an appropriate way to manage the conflict.

10. Timing, delays and cancellation

Delivery dates depend on the Client providing information, access and feedback when required. The Consultant is not responsible for delay caused by missing or late Client inputs or events beyond the Consultant’s reasonable control, but will communicate material delays and work reasonably to resume delivery.

Either party may end the engagement by written notice. If the Client cancels after work has begun, the Client will pay for work reasonably completed and any pre-approved non-cancellable costs up to the termination date. Amounts already paid will be credited against those sums, and any unused portion of the upfront payment will be refunded. The Consultant will provide a written breakdown showing the work completed, applicable costs, amounts credited and the resulting refund calculation. The Consultant may end the engagement for material breach, non-payment, a conflict or conduct that makes the engagement unreasonable or unlawful. Any rights that have accrued before termination continue.

11. Concerns and disputes

A party raising a concern will provide reasonable details in writing. Both parties will first try to resolve the issue promptly and in good faith. If it remains unresolved, either party may propose mediation in Queensland before commencing court proceedings, except where urgent relief is required.

12. General

The parties are independent contractors and the agreement does not create employment, partnership, agency or exclusivity. Neither party may transfer the agreement without the other’s written consent, except as part of a genuine sale or restructure of its business. A failure or delay in enforcing a right is not a waiver of that right.

If a term is invalid or unenforceable, it will be read down or removed to the minimum extent necessary and the remainder will continue. The agreement is governed by the laws of Queensland, Australia, and the parties submit to the courts of Queensland. Written notices and approvals may be given by email. The agreement records the entire agreement about the engagement and replaces earlier discussions about the same subject.