Legal
Terms & Conditions
Please read these Terms carefully before engaging our services. By instructing Into The Wild Marketing to perform any services, you agree to be bound by these Terms and Conditions. We recommend you seek independent legal advice if you have any questions about your rights and obligations under these Terms.
1. About Us
Into The Wild Marketing ("we", "us", "our") is a marketing agency operating in Australia. We provide marketing services to professional service firms and businesses. These Terms and Conditions ("Terms") govern the provision of all services by Into The Wild Marketing to its clients ("you", "your").
By engaging our services, requesting a proposal, or accepting a Statement of Work, you confirm that you have read, understood, and agree to these Terms.
2. Services
Into The Wild Marketing provides marketing services including but not limited to:
- Marketing strategy and planning
- Demand generation and paid advertising
- Landing page design and conversion optimisation
- Brand messaging and positioning
- Content creation (written, visual, and video)
- Social media strategy and management
- CRM integration and marketing automation
- Email marketing
- AI-assisted marketing tools and workflows
- Design services
The specific scope of services will be agreed in writing via a proposal or Statement of Work ("SOW") prior to commencement. In the event of any conflict between these Terms and a SOW, the SOW will prevail to the extent of the inconsistency.
3. Fees and Payment
3.1 Fees for services will be set out in a proposal or SOW agreed between the parties prior to commencement.
3.2 All fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST will be added to invoices where applicable.
3.3 Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
3.4 We reserve the right to charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until the date of payment.
3.5 We reserve the right to suspend or cease services if invoices remain unpaid beyond 30 days of their due date.
3.6 Any out-of-pocket expenses incurred in connection with the provision of services (including advertising spend, software subscriptions, or third-party fees) will be agreed in advance and invoiced separately or as part of the applicable SOW.
4. Intellectual Property
4.1 Upon receipt of full payment of all fees, Into The Wild Marketing assigns to you all intellectual property rights in the deliverables specifically created for you under the relevant SOW, to the extent that such rights are capable of assignment.
4.2 Into The Wild Marketing retains all intellectual property rights in its pre-existing materials, methodologies, frameworks, templates, tools, and know-how ("Background IP"). Nothing in these Terms transfers ownership of Background IP to you.
4.3 You grant Into The Wild Marketing a non-exclusive, royalty-free licence to use your materials, branding, data, and content to the extent necessary to provide the services.
4.4 You warrant that any materials you provide to Into The Wild Marketing do not infringe the intellectual property rights of any third party, and you indemnify us against any claim arising from such infringement.
4.5 Into The Wild Marketing may reference your business name and the general nature of services provided in its portfolio and marketing materials, unless you specifically request otherwise in writing.
5. Confidentiality
5.1 Each party agrees to keep confidential all information disclosed by the other party in connection with the services that is identified as confidential, or that would reasonably be understood to be confidential given its nature and the circumstances of disclosure.
5.2 This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, is independently developed by the receiving party, or is required to be disclosed by law or a regulatory authority.
5.3 This confidentiality obligation survives termination of the engagement for a period of two (2) years.
6. Your Responsibilities
To enable us to deliver the services effectively, you agree to:
- Provide accurate, complete, and timely information, materials, feedback, and approvals as reasonably required
- Designate an appropriate contact person with authority to provide instructions and approvals
- Ensure that all materials and content you provide do not infringe the rights of any third party
- Comply with all applicable laws, regulations, and platform terms of service in connection with your marketing activities
- Promptly notify us of any changes that may affect the delivery of services
Delays or additional costs arising from your failure to meet these responsibilities may result in revised timelines or additional fees, which will be agreed with you in advance.
7. Limitation of Liability
7.1 To the maximum extent permitted by law, Into The Wild Marketing's total aggregate liability to you for any claims arising out of or in connection with these Terms or the services is limited to the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
7.2 We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of revenue, loss of profits, loss of data, loss of goodwill, or loss of business opportunity, even if we have been advised of the possibility of such loss.
7.3 We do not guarantee specific marketing outcomes, results, or return on investment. Marketing performance is influenced by many factors outside our control, including market conditions, platform algorithms, and client-side execution.
7.4 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
8. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and receive a refund for the unused portion, or to be compensated for the reduction in value of services below the price paid. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
9. Third-Party Platforms and Services
9.1 The services may involve the use of third-party platforms, tools, software, or services (including but not limited to Google Ads, Meta Ads, LinkedIn, CRM systems, email platforms, and analytics tools).
9.2 Into The Wild Marketing is not responsible for the performance, availability, pricing changes, policy changes, or terms of service of any third-party platform or service.
9.3 You are responsible for maintaining any necessary accounts, licences, or subscriptions with third-party platforms, and for ensuring compliance with their terms of service.
10. Termination
10.1 Either party may terminate the engagement by providing 30 days' written notice to the other party.
10.2 Into The Wild Marketing may terminate the engagement immediately by written notice if you:
- Fail to pay any invoice within 30 days of its due date
- Materially breach these Terms and fail to remedy the breach within 14 days of receiving written notice
- Become insolvent, enter administration, or cease to carry on business
10.3 Upon termination, you remain liable for all fees incurred up to and including the date of termination, including any fees for work in progress.
10.4 Clauses relating to intellectual property, confidentiality, limitation of liability, and payment survive termination.
11. Privacy
Into The Wild Marketing is committed to protecting personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We collect personal information only as necessary to provide our services and respond to enquiries. We do not sell or share personal information with third parties except as required to deliver the services or as required by law. For more information about how we handle personal information, please contact us directly.
12. Amendments to These Terms
Into The Wild Marketing may update these Terms from time to time. Updated Terms will be posted on this website with a revised "Last updated" date. Your continued engagement with Into The Wild Marketing after any such update constitutes your acceptance of the amended Terms. We encourage you to review these Terms periodically.
13. Dispute Resolution
13.1 If a dispute arises in connection with these Terms or the services, the parties agree to first attempt to resolve the dispute through good-faith negotiation.
13.2 If the dispute is not resolved within 30 days of written notice of the dispute, either party may refer the matter to mediation before commencing legal proceedings.
13.3 Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute arising out of or in connection with these Terms.
15. Entire Agreement
These Terms, together with any agreed proposal or Statement of Work, constitute the entire agreement between the parties with respect to their subject matter. They supersede all prior representations, discussions, negotiations, understandings, and agreements between the parties, whether written or oral.
16. Contact Us
If you have any questions about these Terms and Conditions, please contact us: