Terms of Service

Effective Date: 03/02/2025

This Terms of Service ("Agreement") is a legally binding agreement between TBW Digital ("Agency," "we," "us," or "our") and you ("Client," "you," or "your"). This Agreement governs your use of our services, including but not limited to Facebook and Instagram advertising, social media management, and related marketing services for any product, including alcohol. By engaging our services, you agree to comply with and be bound by this Agreement.

1. Services Provided

1.1. The Agency agrees to provide the following services to the Client:

Creation, management, and optimization of Facebook and Instagram advertising campaigns.Social media account management, including content creation, scheduling, and engagement.Strategic planning and consultation for social media marketing.Any additional services as agreed upon in writing.

1.2. The Agency reserves the right to refuse service for any product or campaign that violates applicable laws, regulations, or ethical standards, including but not limited to alcohol advertising guidelines.

2. Client Responsibilities

2.1. The Client agrees to:

Provide accurate and complete information necessary for the Agency to perform the services.Comply with all applicable laws, regulations, and platform policies (e.g., Facebook and Instagram advertising policies).Obtain all necessary approvals, licenses, or permits required for the promotion of alcohol or other regulated products.Notify the Agency of any changes to the Client’s business, products, or marketing objectives that may affect the services.

2.2. The Client acknowledges that failure to comply with this section may result in the suspension or termination of services.

3. Alcohol Advertising Compliance

3.1. The Client is solely responsible for ensuring that all advertising and promotional materials comply with:

Australian laws and regulations, including the Alcohol Beverages Advertising Code (ABAC).Facebook and Instagram’s advertising policies, including restrictions on alcohol advertising.Any other applicable industry standards or guidelines.

3.2. The Agency will not be held liable for any penalties, fines, or legal actions arising from the Client’s failure to comply with alcohol advertising laws or platform policies.

4. Fees and Payment

4.1. The Client agrees to pay the Agency the fees outlined in the agreed-upon proposal or invoice.

4.2. Payment terms are 14 days from the invoice date.

4.3. The Agency reserves the right to suspend or terminate services for non-payment.

5. Intellectual Property

5.1. The Agency retains ownership of all pre-existing intellectual property used in providing the services.

5.2. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the deliverables (e.g., ad creatives, content) for their intended purpose.

5.3. The Client warrants that any materials provided to the Agency do not infringe on third-party intellectual property rights.

6. Confidentiality

6.1. Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the engagement.

6.2. Confidential information may only be disclosed if required by law or with the other party’s prior written consent.

7. Term and Termination

7.1. This Agreement begins on the Effective Date and continues until the services are completed or terminated by either party.

7.2. Either party may terminate this Agreement with 14 days written notice.

7.3. Upon termination, the Client is responsible for payment of all services rendered up to the termination date.

8. Limitation of Liability

8.1. The Agency’s total liability to the Client is limited to the total fees paid by the Client under this Agreement.

8.2. The Agency is not liable for any indirect, incidental, or consequential damages arising from the services.

8.3. The Agency is not responsible for the performance of third-party platforms (e.g., Facebook, Instagram) or changes to their policies or algorithms.

9. Indemnification

9.1. The Client agrees to indemnify and hold the Agency harmless from any claims, damages, or losses arising from:

The Client’s breach of this Agreement.The promotion of alcohol or other regulated products.Any third-party claims related to the Client’s products or services.

10. Governing Law

10.1. This Agreement is governed by the laws of New South Wales, and any disputes will be resolved in the courts of New South Wales.

11. Amendments

11.1. This Agreement may only be amended in writing and signed by both parties.

12. Entire Agreement

12.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

By engaging the Agency’s services, you acknowledge that you have read, understood, and agree to this Terms of Service.