Service Terms
These terms explain the starting position. Every paid project will also have an approved proposal or scope that takes priority where it is more specific.
Who we are
Actel Enterprises Pty Ltd (ABN 79 669 141 137), trading as Marketing Cartel.
We are a service-area business serving Australia, operating from Perth, Western Australia. We do not operate a public shopfront.
How to contact us
Email av@marketingcartel.com.au for any privacy request, correction, deletion request or complaint. You can also call 0410 026 429.
Proposals and acceptance
A website enquiry is not an order. Work begins only after we confirm the scope, price, timing and payment requirements and you approve the proposal. Online approval records your agreement but does not itself charge a card.
Client responsibilities
You must provide accurate instructions, lawful content, timely feedback and access needed to complete the work. You confirm that you have permission to use all names, logos, images, claims and other material you supply.
Payments and timing
Payment stages, deposits and delivery estimates are stated in the proposal. Estimates depend on receiving content, access and approvals on time. Third-party costs such as domains, hosting, advertising spend, software subscriptions, stock assets and licences are excluded unless expressly included.
Revisions and changes
Included revisions will be stated in the proposal. New pages, changed strategy, new functionality or work outside the approved scope may require a revised price and timeline. We will not publish changes without the required approval.
Advertising, SEO and results
We do not guarantee rankings, traffic, enquiries, advertising approval, cost per lead or revenue. Search engines, advertising platforms, competitors, market demand, budgets and the client’s sales process affect results. We agree to perform the approved work with due care and skill.
Intellectual property
You retain ownership of material you supply. Unless the proposal states otherwise, ownership of final custom deliverables transfers after full payment, excluding our pre-existing tools, reusable systems, templates, methods, licensed material and third-party services.
Refunds and cancellation
Your rights under the Australian Consumer Law are not affected by anything in these terms, and nothing here excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded.
If you cancel before work on your project has commenced, any amount you have paid is refunded in full.
If you cancel after work has commenced, we will refund what you have paid less a reasonable amount for work already performed up to the point of cancellation, and less any third-party costs we have already committed on your behalf — for example domain registration, hosting, advertising spend, stock assets, software subscriptions or licences. We will set out that deduction in writing.
If we cancel before completion for a reason that is not your fault, you are refunded any amount paid for work not performed.
These refund arrangements do not limit your remedies where a service is not supplied with due care and skill or otherwise fails to meet a consumer guarantee.
Pauses and liability
Either party may pause or end work as set out in the proposal. Fees remain payable for completed work and committed third-party costs. Nothing in these terms excludes rights or guarantees that cannot legally be excluded. To the extent permitted by law, and subject to the Australian Consumer Law, liability is limited to re-performing the affected service or the amount paid for it.
Governing law
These terms are governed by the laws of Western Australia. The parties should first try to resolve any dispute directly and in good faith.