Accentuate IT Pty Ltd – Terms & Conditions

Last Updated: February 2025

Table of Contents

• Master Services Terms & Conditions
• Addendum A – Care Plans & Website Services
• Addendum B – Growth Plans (Marketing Retainers)
• Addendum C – Growth System (90-Day Sprint & Ongoing)
• Addendum D – Optional & Future Services

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Master Services Terms & Conditions

These Terms & Conditions (“Terms”) govern all services delivered by Accentuate IT Pty Ltd (“Accentuate”, “we”, “us” or “our”). By engaging Accentuate, accepting a proposal or invoice, entering a payment plan, or requesting any service, you agree to be bound by these Terms, together with any applicable Service Addendums.

These Terms are written in accordance with Australian Consumer Law (ACL).

1. Introduction & Agreement Overview

1. These Terms apply to all services we provide, including (but not limited to) website design and development, hosting, Care Plans, Growth Plans, the Growth System, digital marketing, consulting, support and related services.
2. These Terms operate together with any proposal, payment plan, invoice, written agreement or email confirmation we issue. If there is a conflict:
   • the invoice or proposal takes precedence for scope, pricing, minimum contract term and cancellation notice; and
   • these Terms apply to all other aspects of the engagement.
3. By using our services, you acknowledge that we act as an independent contractor, not as your employee, partner or agent.
4. This Agreement is governed by the laws of Queensland, Australia, and both parties submit to the jurisdiction of Queensland courts.

2. Scope of Engagement

1. Your specific inclusions are defined by your invoice, proposal or written agreement. Any service not expressly listed is not included unless later agreed in writing.
2. We may perform work directly or through qualified contractors or partners, and you authorise us to do so.
3. Any work requested outside the agreed scope will be quoted separately or charged at our standard rates.

3. Client Responsibilities

1. You agree to:
   • provide all content, branding, copy, images and materials required for delivery;
   • review and approve all content, configurations, copywriting and materials we create or configure for you, ensuring accuracy, legality and compliance with your industry requirements (including NDIS, health, legal, financial or advertising rules);
   • ensure all materials you supply are legally owned or licensed;
   • appoint a single point of contact with authority to give feedback and approvals;
   • respond promptly to requests, reviews and approvals; and
   • maintain all external accounts required for delivery (for example hosting, third-party software, platform access, CRM tools) and provide correct login access when required.
2. You are solely responsible for the accuracy and compliance of all content published on your website, funnel, CRM or advertising systems, even where Accentuate has assisted with writing, formatting, editing or setup.
3. Delays in providing information, content or approvals may extend timelines and may incur hold or resumption fees as outlined in these Terms and any relevant Addendum.

4. Fees, Billing & Payments

1. Fees must be paid in accordance with your invoice, proposal or payment plan.
2. Payment plans are repayment arrangements for a total contracted amount. All instalments remain payable:
   • even if you cancel early;
   • even if you pause services; and
   • even if you choose not to use the service;

   except where required by ACL.

3. No refunds / no pro-rata refunds: to the extent permitted by ACL, all deposits, milestone payments, monthly fees, retainer fees, Growth System payments and repayment plan instalments are non-refundable, including for change of mind, partial usage, client-caused delays or paused campaigns.
4. Dishonoured payments may incur fees charged by the payment provider.
5. If payment is overdue, Accentuate may suspend services, restrict access or disable hosting, websites, CRM systems or automations until payment is received.
6. Overdue accounts may be referred to debt recovery, and you will be liable for all associated costs (including legal and collection costs).
7. Initiating unjustified chargebacks or payment disputes may be treated as a breach of these Terms. We reserve the right to suspend or terminate services where a chargeback is raised without valid grounds, and all amounts properly due remain payable.

5. Variations & Out-of-Scope Work

1. Variations include (without limitation):
   • additional design concepts;
   • requests beyond brochureware scope;
   • major structural or functional changes;
   • changes after approval;
   • repeated revisions;
   • complex custom development;
   • additional pages, sections or templates; and
   • marketing or design requests outside agreed inclusions.
2. Variations will be quoted separately or billed at our standard hourly rate.
3. You acknowledge that mockups and final coded layouts may differ slightly due to responsive design, browser behaviour and technical limitations.

6. Project Delays, Holds & Resumption Fees

1. Project timelines are estimates only and rely on timely feedback, content provision and access.
2. If delays occur due to missing content, unresponsiveness or client-caused issues, Accentuate may:
   • place the project on hold;
   • charge a project-hold fee;
   • reschedule the project to the next available production window; and/or
   • apply a resumption fee to restart work.
3. Projects delayed more than one month may require repricing and rescoping to reflect updated timelines and costs.

7. Approvals, Acceptance & Rejected Work

1. When a deliverable is provided for review, you have 7 days to provide feedback.
2. If no feedback is received within this period, the deliverable is deemed accepted.
3. Once approved (explicitly or by lapse of time), the deliverable cannot later be rejected, and any outstanding fees relating to that deliverable become due.

8. Intellectual Property, Licensing & Ownership

1. All work remains Accentuate’s property until all invoices are paid in full.
2. Upon full payment, you receive a licence to use your website, creative materials and deliverables for your business purposes.
3. Third-party assets (including premium plugins, themes, licences, fonts and software) remain the property of their licensors. If you leave a Care Plan, premium plugin licences under our developer accounts will be removed. Plugins may remain installed, but functionality may cease until you obtain your own licence.
4. You warrant that any materials you supply (including copy, logos, images, data and claims) do not infringe copyright or other rights, and you indemnify Accentuate against any claims arising from materials or instructions you provide or approve.

9. Confidentiality & Non-Solicitation

1. Both parties must keep confidential information private unless disclosure is required by law.
2. You agree not to hire, solicit or directly engage Accentuate staff, contractors or former team members for 12 months after services end, without our prior written approval.

10. Liability, Warranties & Compliance

1. Nothing in these Terms limits rights you may have under the Australian Consumer Law (ACL).
2. To the fullest extent permitted by law, Accentuate:
   • disclaims all implied warranties not expressly stated in these Terms; and
   • does not guarantee specific commercial outcomes, search rankings, ad performance, lead volume, revenue or business success.
3. To the fullest extent permitted by law, Accentuate is not liable for indirect or consequential loss, including:
   • lost revenue;
   • lost profits;
   • lost opportunity;
   • lost data;
   • reputational harm; or
   • business interruption.
4. Our liability for non-major failures is limited, at our option, to re-performance of the services or refund of the relevant portion of fees, as required by ACL.
5. You are responsible for complying with all laws and regulations applicable to your business (including NDIS requirements, healthcare advertising rules, legal practice rules, privacy law, e-commerce and taxation laws). Accentuate does not provide legal, financial, medical, therapeutic or clinical advice.

11. Third-Party Platforms, Additional Expenses & Support

1. Third-party platforms and software: Accentuate is not liable for outages, policy changes, bugs, suspensions or failures caused by:
   • Meta (Facebook/Instagram);
   • Google;
   • hosting providers;
   • DNS or domain services;
   • CRM systems;
   • third-party plugins or themes;
   • automation tools;
   • software updates; or
   • API disruptions or external platform issues.

   Service availability is not guaranteed and downtime may occur due to third-party issues or necessary maintenance.

2. Additional expenses: you agree to cover all external costs required for your services, including (where applicable):
   • domains and DNS;
   • hosting;
   • SMS fees and phone numbers;
   • advertising spend;
   • third-party software;
   • premium plugins and themes;
   • stock imagery; and
   • Growth System software fees and CRM licences.
3. Support expectations: our support team is dedicated to assisting you as quickly as possible. While response times vary depending on workload, most standard requests are resolved within 1-2 business days, and urgent issues are prioritised. Although we do not offer a formal SLA, we make every effort to provide timely assistance during business hours, and where reasonably possible, we will respond to after-hours urgent issues as soon as we are able.
4. Support scope: Care Plan and service-related support generally covers:
   • fixes and troubleshooting;
   • small content or configuration updates;
   • general maintenance and technical support tasks within our development team’s capabilities.

   Work is not considered included support where it involves:

   • advanced custom development or complex coding;
   • advanced design work or rebranding;
   • marketing strategy or campaign management (unless part of a Growth Plan or Growth System package);
   • large content creation or copywriting; or
   • structural redesign of pages, funnels or systems.

   Any task requiring more than minor adjustments or basic support is considered billable development or marketing work unless specifically included in your plan. We will advise you before proceeding with billable support.

12. Termination & Notice

1. Minimum terms and cancellation notice requirements for each service are set out in the relevant Addendum and/or your invoice or proposal.
2. All cancellations must be made in writing.
3. Accentuate may suspend or terminate services with 30 days’ notice where necessary, or immediately where there is serious breach, unlawful conduct or abuse.
4. Upon cancellation:
   • all outstanding amounts become due;
   • access to hosting, CRM systems, software, assets and automations may be revoked; and
   • handover will only occur once all invoices are fully paid.

13. Data, Privacy & Security

1. You are responsible for complying with privacy laws, maintaining your website’s privacy policy and ensuring that all data collected or handled through your systems complies with the Australian Privacy Principles (APPs) and any industry-specific requirements.
2. You acknowledge that you, not Accentuate, are the Data Controller (or equivalent under privacy law) for all personal information collected via your website, funnels, CRM or marketing systems.
3. Unless explicitly included in a Care Plan, you are responsible for maintaining your own backups.
4. Accentuate is not liable for data loss except where caused by our negligence.

14. Dispute Resolution

1. Both parties agree to attempt in good faith to resolve disputes through discussion and negotiation before commencing legal action.
2. Accentuate is not required to continue services while a matter is in dispute and invoices may still fall due during this time.

15. General Provisions

1. If a force majeure event (including but not limited to natural disaster, major outage, strike or other event beyond our reasonable control) prevents performance of obligations, those obligations are suspended for the duration of the event.
2. We may update these Terms from time to time. Where changes are material, we will provide reasonable notice (for example via email or our website). Continued use of services after changes are communicated will constitute acceptance of the updated Terms.
3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
4. These Terms, together with any proposals, invoices, payment plans and Addendums, form the entire agreement between the parties regarding the services, unless varied in writing.

16. No Professional Advice

1. Accentuate does not provide legal, medical, clinical, financial, taxation or other regulated professional advice.
2. Any content, copy, guidance, messaging or materials we help create are for general marketing and communication purposes only, and must be reviewed and approved by you for accuracy and compliance before use.

17. Portfolio Use & Case Study Rights

1. You grant Accentuate permission to display work created as part of any service – including websites, design assets, marketing creatives, funnels, automations, CRM configurations and other deliverables – in our portfolio, marketing materials, presentations and award submissions.
2. Accentuate may also publish non-financial performance results, including percentage improvements or statistical changes relating to:
   • website traffic;
   • engagement metrics;
   • enquiry volume;
   • conversion rates;
   • campaign performance;
   • technical performance;
   • retention or utilisation metrics;
   • system efficiency metrics; and
   • financial indicators expressed as percentages only (for example ROAS %, CPA %, cost reduction %, revenue growth %);
   • other non-financial or non-identifying performance indicators.

   These may be published without your prior approval, provided that:

   • no specific revenue, profit, billing or dollar-based financial results are disclosed;
   • no confidential, private or identifying operational data is shared; and
   • your business is not presented in a misleading, unethical or harmful manner.
3. Accentuate will always seek your written approval before publishing:
   • revenue or profit figures;
   • ROI expressed in dollar amounts;
   • identifiable commercial or operational data;
   • sensitive business information; or
   • extended or narrative-style case studies that disclose context beyond percentage-based performance metrics.
4. This clause applies universally across all Accentuate services, plans and Addendums.

18. Guarantees, Market Conditions & Total Addressable Market (TAM)

18.1 Conditional Guarantees – No Implied Eligibility

Any performance guarantee offered by Accentuate applies only where all of the following conditions are met:

1. the guarantee is expressly stated in writing on the client’s invoice; and
2. Accentuate has confirmed the client’s eligibility for that guarantee in writing, including via written email communication.

Guarantees are not automatic, not implied, and not universally available. They apply only to businesses that meet specific eligibility criteria assessed by Accentuate on a reasonable basis. Eligibility criteria may include (without limitation):

• sufficient Total Addressable Market (TAM) size;
• acceptable competitive conditions;
• minimum business size or operational capacity;
• minimum daily or monthly marketing spend;
• geographic coverage (for example, number of metro or service regions);
• service availability and intake capacity; and
• suitability for the Growth Plan or Growth System framework.

Marketing language, sales discussions, general outreach, case studies, and historical results do not create an entitlement to a guarantee unless the guarantee and eligibility are documented in the required written form above.

If a guarantee is not expressly documented on the invoice and confirmed in writing by Accentuate, no guarantee applies.

18.2 Market Conditions & TAM Limitations

You acknowledge and agree that marketing performance is materially affected by external market factors, including (but not limited to):

• Total Addressable Market size;
• geographic constraints;
• eligibility criteria (including NDIS or other regulatory limitations);
• market saturation;
• competitive intensity;
• participant, consumer or buyer demand; and
• platform or regulatory restrictions.

Where the Total Addressable Market is small, highly competitive, saturated, restricted or fragmented, results may be reduced, delayed, or not achievable at all, regardless of ad spend, optimisation or execution quality.

18.3 Conditional Nature of Any Guarantee

Any performance guarantee (where offered) is conditional upon:

• the continued existence of sufficient Total Addressable Market;
• reasonable competitive conditions;
• continued access to relevant advertising and technology platforms;
• timely client responsiveness;
• adequate operational capacity to service enquiries;
• accurate and compliant service information; and
• adherence to Accentuate’s recommended system setup and lead-handling best practices.

Failure to meet these conditions may result in reduced performance or no performance. In such circumstances, this does not constitute a breach by Accentuate and may also result in the withdrawal, suspension or voiding of any applicable guarantee in accordance with Section 18.5.

18.4 Lead Handling, System Use & Client Conduct

Where a performance guarantee applies, you must:

For the purposes of this section, best practice requirements include any documented instructions, onboarding materials, training, written recommendations, process guides or system instructions provided by Accentuate from time to time, including (without limitation) requirements relating to CRM usage, lead handling, follow-up timing, system configuration and operational workflows.

• respond promptly to leads;
• follow recommended follow-up processes;
• maintain accurate service availability and operational capacity;
• use the Growth System or Growth Plan framework as configured;
• avoid changes that materially undermine system performance;
• operate your business in accordance with all applicable legal, regulatory and ethical standards; and
• deliver services to end clients in a professional, lawful and commercially reasonable manner.

You acknowledge that marketing performance and conversion outcomes may be materially impacted where:

• client services are delivered inconsistently or below reasonable quality standards;
• negative client experiences, complaints or poor service outcomes materially affect reputation, trust or conversion;
• regulatory, ethical or compliance failures impair public confidence; or
• client conduct results in reputational damage that reasonably undermines marketing effectiveness.

Failure to follow required system processes or best practice requirements is deemed to materially impair performance unless Accentuate determines otherwise.

Where such factors materially impair performance, Accentuate may determine that any applicable performance guarantee is void, suspended or withdrawn in accordance with Section 18.5.

18.5 Right to Withdraw, Suspend or Void Guarantees

Where Accentuate reasonably determines that the client is not following required system processes or best practice requirements, Accentuate may suspend any applicable performance guarantee until such non-compliance is remedied, or withdraw the guarantee if non-compliance persists.

Accentuate reserves the right to withdraw, suspend or void any performance guarantee, at any time, if:

• the Total Addressable Market is assessed to be materially smaller or more constrained than initially understood;
• competitive conditions materially worsen;
• regulatory or platform changes impact reach, eligibility or delivery;
• the client fails to follow system best practices or lead-handling requirements;
• the client’s actions or omissions materially impair performance; or
• information provided by the client is inaccurate, incomplete or misleading.

Where reasonably practicable, Accentuate will notify the client in writing if a guarantee is withdrawn, suspended or voided due to these factors.

The withdrawal, suspension or voiding of a guarantee under this section does not constitute termination of the underlying services and does not create any obligation for Accentuate to provide a refund, except where required by Australian Consumer Law.

18.6 No Guarantee of Commercial Outcomes

Even where a performance guarantee applies, Accentuate does not guarantee:

• revenue;
• profit;
• participant sign-ups;
• client conversions;
• lifetime value; or
• overall commercial success.

Any guarantee relates only to the specific metric expressly defined in the written guarantee and does not extend beyond that scope.

18.7 Scope of Application

This Section 18 applies only to Growth Plans and the Growth System and does not apply to Care Plans, website hosting, website development, design services or other optional services unless expressly stated otherwise in writing.

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Addendum A – Care Plans & Website Services

This Addendum forms part of the Accentuate IT Pty Ltd Master Services Terms & Conditions and applies to all Care Plans, website projects, hosting, support services and website refreshes.

A1. Overview of Care Plans

Care Plans provide ongoing technical support, maintenance, updates, hosting (where applicable), security management and routine improvements to your website.

Care Plans may include (depending on tier):

• hosting and server management;
• core software updates;
• plugin and theme updates;
• technical support and troubleshooting;
• basic content changes within fair use;
• security monitoring;
• uptime monitoring;
• ongoing optimisation;
• access to development team support; and
• periodic website refresh opportunities.

A2. Minimum Term for New Builds & Refreshes

1. A Care Plan that includes any of the following carries a 12-month minimum term:
   • a new website build;
   • a website redesign or refresh; or
   • any website project provided at discounted or included pricing under a Care Plan.
2. The minimum term begins immediately from the date of signup, including while the website is in “development mode”.
3. After the minimum term ends, the Care Plan continues month-to-month with 30 days’ written notice required to cancel.

A3. Existing Websites (No Build / Refresh)

1. Clients who join a Care Plan without a new build or refresh are on a month-to-month arrangement requiring 30 days’ written notice to cancel.
2. No minimum term applies unless a project is later added under the Care Plan.

A4. 36-Month Website Refresh

1. Clients on a continuous Care Plan may request an included website refresh once every 36 months.
2. Eligibility requirements:
   • you must have been continuously active on a Care Plan for the full 36 months; and
   • any cancellation or lapse resets the 36-month eligibility period.
3. Scope of included refresh: the standard included refresh covers a 5-7 page brochureware WordPress website.
4. Not included (quoted separately):
   • e-commerce stores;
   • membership systems;
   • advanced custom development;
   • complex integrations; or
   • additional pages and functionality beyond standard scope.
5. Requesting or accepting an included refresh triggers a new 12-month Care Plan minimum term, starting from the date of your initial discovery session for that refresh.

A5. Website Design & Development

1. Pixel-perfect disclaimer: website layouts may differ slightly from design mockups due to responsive behaviour, browser differences, platform constraints and technical optimisation. Accentuate will always aim for accurate representation, but pixel-perfect matching across all devices is not guaranteed.

A6. Supply of Materials

1. You agree to provide logos, branding assets, copy/content, images, videos, form details and credentials required to complete your website or updates.
2. Accentuate is not responsible for delays caused by missing or incomplete materials.
3. You must review and approve all content, forms, technical settings and systems configured or supplied by Accentuate to ensure accuracy and compliance.
4. If materials are not supplied within a reasonable timeframe, Accentuate may place the project on hold and reschedule production, and may apply a resumption fee to restart work.

A7. Support Services & Expectations

1. Care Plans include ongoing technical support aimed at keeping your website running securely and efficiently.
2. Support is provided in line with the support expectations and scope set out in the Master Terms.
3. Certain tasks (such as advanced custom development, advanced design or marketing strategy work) fall outside included support and will be quoted separately.

A8. Hosting Services

1. Where hosting is included under a Care Plan, Accentuate manages hosting performance, updates and security.
2. Hosting performance may vary and uptime cannot be guaranteed.
3. Hosting or website access may be suspended for non-payment of invoices.
4. Where hosting is not included, you are responsible for any external hosting arrangements.

A8A. Hosting-Only Clients (Legacy Annual & Advanced Monthly)

This section applies where you engage Accentuate for hosting only (without a Care Plan or other ongoing service), unless your invoice/proposal states otherwise.

1. Hosting Types

• Legacy Hosting (Annual): Paid yearly. This option is no longer available for new purchases; however, existing clients may renew annually at the current renewal rate (rates may change at each renewal).
• Hosting Only (Advanced Monthly): Paid monthly at the agreed rate shown on your invoice or subscription.

2. What Hosting-Only Includes (and Does Not Include)

• Includes: provision of hosting services as described on your invoice/proposal (and any standard hosting management necessary to keep the hosting environment operating).
• Does not include: ongoing website maintenance, updates, security hardening, content edits, development, performance optimisation, SEO, marketing services, troubleshooting website errors caused by the site’s code/plugins, or any Care Plan inclusions unless expressly stated in writing.

If you request work outside hosting provision, it may be quoted separately or billed at our standard rates.

3. Non-Payment, Suspension and Termination

• If a hosting invoice (annual or monthly) is not paid by the due date, you have 14 days to rectify the outstanding amount (“Rectification Period”).
• During the Rectification Period, Accentuate may suspend services or restrict access where reasonably necessary to manage risk and outstanding amounts.
• If payment is not received by the end of the Rectification Period, hosting may be moved into termination. Termination may result in your website and associated services going offline.

4. Backups After Termination

• Following termination for non-payment, Accentuate may (at our discretion) take a backup of your website and hold it for up to 90 days.
• Backups are provided on an as-is basis. We do not guarantee the accuracy, completeness, or restorable integrity of any backup, and backups may not include all data (for example: recent changes, third-party data, emails, external databases, or platform-connected content).
• After 90 days, we may permanently delete backups and associated data without further notice.

5. Limitation of Liability for Hosting Suspension/Termination

To the fullest extent permitted by law, Accentuate is not liable for any loss arising from suspension or termination due to non-payment, including (without limitation) loss of income, loss of profits, loss of data, loss of reputation, business interruption, or consequential loss. You are responsible for maintaining your own independent backups and continuity plans.

6. Rate Changes

• Legacy Hosting (Annual): renewal rates may change at each annual renewal.
• Advanced Monthly Hosting: pricing may be adjusted with reasonable notice, with the updated rate applying from the next billing cycle unless otherwise stated.

7. Domain/DNS Notes (Where Applicable)

If Accentuate manages your domain/DNS as part of hosting-only, you remain responsible for ensuring renewals are paid on time. Domain expiry or DNS changes outside our control may cause downtime.

A9. Backups & Data Responsibility

1. Backup services are included only if specified in your Care Plan tier.
2. Otherwise, you are responsible for maintaining your own backups.
3. Accentuate is not liable for data loss except where caused by our negligence.
4. Restoring backups or repairing third-party issues may incur additional fees.

A10. Plugin Licensing & Third-Party Tools

1. Premium plugins or themes provided under Accentuate developer licences are not transferrable.
2. If your Care Plan ends, licences under our developer accounts will be removed. Plugins may remain installed, but functionality may be disabled until you obtain your own licence.
3. Accentuate is not responsible for plugin, theme or platform issues caused by third-party updates or changes.

A11. Third-Party Platform Risk (Websites)

1. Accentuate is not liable for downtime, security exploits, API failures, DNS issues, outages, performance issues, plugin or theme update bugs, or third-party provider errors impacting your website.

A12. Project Delays & Holds (Website Projects)

1. If you become unresponsive, delay approvals, fail to provide required content or pause the project without cause, Accentuate may place the project on hold, reschedule production, and require a resumption fee and/or revised pricing to continue.

A13. Offboarding, Access & Handover

1. When a Care Plan ends:
   • all outstanding invoices must be paid in full before handover;
   • we can provide logins and backups we reasonably hold, without charge, where no additional work is required;
   • premium plugin licences will be removed; and
   • any resulting functionality issues are your responsibility to resolve.
2. Accentuate is not liable for any issues arising after handover, including hosting changes or third-party modifications.

A14. E-Commerce Responsibilities

1. Where an e-commerce website is built, you are solely responsible for taxation, shipping rules, refund policies, payment gateway compliance and handling disputes with your customers.
2. Accentuate is not responsible for transaction errors, financial losses, customer disputes or compliance failures relating to your e-commerce operations.

A15. Browser & Device Compatibility

1. Accentuate builds websites to perform across modern browsers and devices. Full compatibility on outdated browsers cannot be guaranteed.
2. Minor visual differences across devices and browsers are normal and not considered defects.

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Addendum B – Growth Plans (Marketing Retainers)

This Addendum forms part of the Accentuate IT Pty Ltd Master Services Terms & Conditions and applies to all Growth Plans and ongoing marketing retainers.

B1. Overview

Growth Plans include strategic marketing support, digital advertising management, creative production, funnel optimisation, reporting and campaign improvements over a structured 12-month engagement.

B2. Contract Term

1. Growth Plans operate on a 12-month minimum term, beginning on the date specified in your proposal or invoice.

B3. Auto-Renewal

1. At the end of the 12-month term, the Growth Plan will automatically renew for an additional 12-month period unless cancelled.
2. To prevent renewal, you must provide 30 days’ written notice prior to the end of your current term.
3. If notice is not provided, the renewed 12-month term applies.

B4. Fees, Refunds & Payment Terms

1. All Growth Plan payments are non-refundable once the cycle begins, including for change of mind, partial usage, paused campaigns, or client-caused delays, except where required by ACL.
2. Fees are payable as per your invoice or payment plan.
3. Payment plans must be paid in full regardless of cancellation or usage, except where required by ACL.

B5. Client Responsibilities

1. You must ensure all service descriptions, claims, pricing, policies and materials provided for marketing are accurate and compliant.
2. You must have the capacity to handle new enquiries generated through the Growth Plan.
3. You agree to respond promptly to leads and maintain a lead-handling process.
4. You must review and approve copy, creatives, targeting and funnels, and ensure approvals reflect accurate and compliant representations of your services.

B6. Advertising Platforms & Third-Party Risks

1. Accentuate is not responsible for ad rejections, account suspensions, policy changes, delays or bugs within advertising platforms such as Meta and Google.

B7. Service Inclusions & Exclusions

1. Inclusions depend on your selected Growth Plan and invoice.
2. Major changes or work outside inclusions will be quoted separately.

B8. No Guarantee of Results

1. Unless expressly stated in your invoice and confirmed in writing by Accentuate, Growth Plans do not include a performance guarantee.
2. Results may be influenced by market conditions, competition, pricing, internal lead-handling processes, service quality and other factors outside our control.

Guarantees: Any performance guarantee applicable to a Growth Plan is governed exclusively by Section 18 – Guarantees, Market Conditions & Total Addressable Market (TAM) of the Master Services Terms, including Accentuate’s right to withdraw, suspend or void a guarantee where the conditions outlined in that section are not met.

No guarantee applies unless it is expressly stated on the client’s invoice and the client’s eligibility for that guarantee has been confirmed in writing by Accentuate.

B9. Reporting & Data Accuracy

1. Reporting is based on platform data, CRM tracking and funnel analytics.
2. Data accuracy can be affected by platform limitations, incorrect data entry, tracking misconfiguration, third-party outages or manual changes made by the client.

B10. Termination & Cancellation

1. To prevent renewal, you must provide 30 days’ written notice prior to the end of the term.
2. If invoices remain unpaid, Accentuate may pause campaigns, restrict access to systems or suspend services until payment is resolved.

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Addendum C – Growth System (90-Day Sprint & Ongoing)

This Addendum forms part of the Accentuate IT Pty Ltd Master Services Terms & Conditions and applies specifically to clients engaging Accentuate for the Growth System.

C1. Overview of the Growth System

The Growth System is a structured marketing and sales enablement system designed to generate and manage enquiries through integrated funnels, automation, CRM workflows and follow-up processes.

C2. Initial 90-Day Sprint (Minimum Term)

1. The Growth System begins with an initial 90-day Sprint, which is a fixed minimum service period.
2. The Sprint may be paid upfront or via an approved repayment plan.
3. All Sprint fees and repayment plan instalments remain payable in full regardless of campaign performance, usage, pauses or changes in strategy, except where required by Australian Consumer Law.
4. The 90-day Sprint cannot be cancelled mid-term and no refunds apply to any portion of the Sprint, except where required by Australian Consumer Law.

C3. Month-to-Month After the Sprint

1. Upon completion of the initial 90-day Sprint, ongoing Growth System management may continue on a month-to-month basis.
2. Month-to-month management may be cancelled with 30 days’ written notice.

C4. Pause Rules (Management vs System Access)

1. You may request to pause Growth System management at any time.
2. During a pause:
   • all software, CRM, phone number, SMS and platform-related fees must continue to be paid; and
   • failure to maintain required payments may result in the system being disabled or deleted.
3. Pausing management does not pause or cancel:
   • the 90-day Sprint fee;
   • any repayment plan obligations; or
   • amounts already invoiced or agreed.

C5. Client Responsibilities

1. You must respond promptly to leads and follow Accentuate’s recommended follow-up processes.
2. You must review and approve all landing pages, automations, SMS/email content, CRM workflows and system configurations for accuracy and compliance before use.
3. You are responsible for maintaining sufficient operational capacity to service enquiries generated.
4. You must maintain all required third-party accounts, permissions, billing methods and balances necessary for the Growth System to operate.

C6. Client-Initiated Pauses, Ad Disabling & Strategy Changes

Client-initiated interruptions: If you pause, disable, restrict or materially reduce advertising activity, tracking, follow-up processes or other critical components of the Growth System during the 90-day Sprint (including pausing Meta or Google ads), the Sprint fees and repayment obligations continue to apply.

Any performance timelines are extended by the duration of the interruption, and Accentuate is not responsible for reduced, delayed or absent results during such periods.

C7. Billing, Ad Account & Payment Issues

Billing and account-related interruptions: If advertising is paused, restricted or unable to run due to client-side billing or account issues, including (without limitation):

• failed or declined payments;
• billing disputes or chargebacks;
• insufficient funds;
• payment method failures;
• ad account holds or restrictions;
• missing permissions or access;
• platform-imposed spend limits; or
• policy or compliance actions taken by advertising platforms,

Accentuate is not responsible for reduced or delayed results arising from these issues. Sprint fees and repayment obligations remain payable, and performance timelines are extended by the duration of the interruption.

C8. No Guaranteed Outcomes

1. Marketing performance depends on many factors including market conditions, competition, operational capacity, client responsiveness, service quality and platform behaviour.
2. Accentuate does not guarantee lead volume, bookings, revenue or commercial outcomes unless expressly stated in writing on your invoice and confirmed in writing by Accentuate.

Guarantees: Any performance guarantee applicable to the Growth System is governed exclusively by Section 18 – Guarantees, Market Conditions & Total Addressable Market (TAM) of the Master Services Terms.

Any applicable performance guarantee is automatically suspended for any period during which campaigns are paused, materially reduced, tracking is disabled, billing issues occur, or required system processes are not followed, and may be withdrawn under Section 18.5 if non-compliance persists.

C9. Reporting & System Accuracy

1. Reporting is based on data from advertising platforms, CRM systems and automation logs.
2. Accentuate is not responsible for inaccuracies caused by platform reporting limitations, tracking disruptions, third-party outages, manual client changes or disconnected integrations.

C10. Offboarding, Access & System Ownership

1. Accentuate retains ownership of system architecture, workflows, automations, templates and configuration frameworks.
2. You are granted a licence to use the Growth System while your subscription and required software payments remain active.
3. If services end or software fees lapse, phone numbers may be released and system data may be deleted. Restoration may require a paid rebuild.

C11. Support Scope (Growth System)

1. Support includes troubleshooting Accentuate-built workflows, CRM guidance and resolving technical issues with Accentuate-configured components.
2. Advanced custom development, major rebuilds, complex integrations or extensive redesigns are not included and will be quoted separately.

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Addendum D – Optional & Future Services

This Addendum forms part of the Accentuate IT Pty Ltd Master Services Terms & Conditions. It applies to any optional, additional or future services not already covered under Addendums A, B or C.

Optional or add-on services may include (but are not limited to):

• SEO (Search Engine Optimisation)
• branding or visual identity development
• logo design
• copywriting services
• photography or videography
• custom web development
• advanced integrations or API work
• system migrations
• large-scale creative production
• multi-page landing funnels
• e-commerce expansions
• consulting, training or workshops
• paid ads creative packages
• CRM migrations or rebuilds
• special projects agreed after your initial engagement

D1. Scope & Quotation

1. All optional services must be scoped and quoted separately.
2. Work will not commence until scope and pricing are agreed and the corresponding invoice or payment plan is accepted.

D2. Fees & Payment Terms

1. Fees for optional services are billed as per your invoice or proposal and are non-refundable, except where required by ACL.
2. Payment plans (if offered) remain payable in full regardless of cancellation or usage, except where required by ACL.

D3. Timelines

1. Timelines depend on complexity, resource availability, content provision and technical constraints.
2. Any quoted timeline is an estimate only. Delays caused by the client may require rescheduling or a resumption fee.

D4. Revisions & Scope Changes

1. Revisions beyond agreed scope or inclusions may incur additional fees.
2. Out-of-scope work includes major design changes, extra pages, additional features, extensive copywriting and strategic consultation beyond the agreed package.

D5. Intellectual Property

1. Accentuate retains ownership of all creative assets, code, systems, templates, designs and deliverables produced under optional services until all invoices are fully paid.
2. Licensing conditions for premium plugins, themes or third-party assets follow the same rules outlined in the Master Terms.

D6. Third-Party Costs

1. You are responsible for stock images, fonts, plugins, third-party software subscriptions and paid tools required for optional services.

D7. Platform, Technical & Compliance Limitations

1. Accentuate is not liable for platform constraints, changes to third-party software, API limitations, theme or plugin restrictions, hosting behaviour or other third-party technical limitations.
2. For regulated industries, you are responsible for ensuring all deliverables comply with applicable standards, laws and regulatory frameworks.

D8. Support for Optional Services

1. Optional services do not automatically include ongoing support unless specifically stated.
2. Ongoing support, optimisation or updates after delivery may require a Care Plan, support package or ad-hoc hourly arrangement.

D9. Handover & Offboarding

1. Upon completion and payment, deliverables will be provided as specified in your agreement.
2. Source files may be provided where explicitly included. Proprietary frameworks, templates, systems or internal tools remain Accentuate’s property unless otherwise agreed in writing.
3. No handover will occur while invoices remain outstanding.

D10. Relationship to Master Terms

1. This Addendum D is governed by and must be read together with the Master Services Terms.
2. Where there is a conflict between this Addendum and your invoice or proposal, the invoice or proposal prevails for term length and cancellation rules.