Last Updated 15/07/2025
These Terms and Conditions (“Terms”) govern the subscription-based services provided by Purge Digital Pty Ltd (ABN 11 671 106 264), including fixed-term agreements for service packages over 3, 6, or 12-month minimum terms. By engaging with our website or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
By ticking the “I’ve read & accepted the Terms & Conditions” checkbox on our website at the time of signup or upon signing any service agreement with Purge Digital, you:
These Terms apply to all clients, visitors, and users of our website and services. They are binding from the moment of electronic or physical acceptance and continue until the end of the agreed service term or upon lawful termination, whichever is later.
These Terms are governed by the laws of Queensland, Australia, and are subject to the jurisdiction of the courts of that State and applicable Australian consumer and contract laws. Any provisions found to be unenforceable will be severed without affecting the remainder of the agreement.
This document constitutes a legally binding agreement (“Agreement”) between the client or subscriber (“Client”, “you”) and Purge Digital Pty Ltd (ABN 11 671 106 264) (“Purge Digital”, “we”, “us”, “our”). It sets out the full and complete understanding between both parties in relation to the provision of services and supersedes all prior proposals, representations, agreements, or communications unless expressly agreed to in writing by both parties.
Any additional or conflicting terms proposed by the Client (including but not limited to terms in purchase orders, emails, or other documentation) shall have no legal effect and are expressly excluded from this Agreement unless expressly accepted by Purge Digital in writing.
Upon signing up for services, an initial setup fee (where applicable) will be charged immediately to your nominated payment method. Services will not commence until this payment has been successfully processed. The setup fee covers account configuration, campaign preparation, and technical integration, and is non-refundable under any circumstance, including change of mind, project cancellation, or termination by the Client.
Once the setup is completed, Purge Digital will launch your campaign immediately, without requiring further approval from the Client. A notification email will be sent to confirm that the campaign is live. By agreeing to these Terms, you expressly authorise Purge Digital to activate campaigns at its discretion upon setup completion.
Billing for ongoing subscription services (management fees, performance fees, or retainers) commences upon campaign launch. The first recurring payment will be charged immediately following launch, and then automatically every 7 days unless otherwise agreed to in writing.
By entering into this Agreement, you authorise Purge Digital to charge your nominated credit card or other payment method automatically for each billing cycle. It is your responsibility to ensure that payment details remain accurate and that sufficient funds are available.
Any variation to billing terms or service schedules must be agreed upon in writing by both parties before campaign commencement. Verbal agreements are not enforceable.
If any invoice remains unpaid more than 7 days past its due date, Purge Digital reserves the right to:
Purge Digital’s failure to enforce any part of these payment terms at any time shall not constitute a waiver of its rights to enforce them later.
If the Client provides notice of cancellation but Purge Digital reasonably believes—based on communication patterns, refusal to pay, or other actions—that the Client does not intend to honour the contractual notice period, Purge Digital reserves the right to charge the total value of the final 4-week term immediately to the nominated payment method.
This clause is intended to protect Purge Digital from loss caused by premature termination or breach of contract. By entering into this Agreement, the Client expressly agrees to this potential charge.
Clients on fixed-term agreements will be billed on a weekly recurring basis in advance, with the first weekly payment charged immediately upon launch of the campaign (after setup is complete). This charge covers the upcoming 7 days of service. All subsequent payments will also be charged in advance on a 7-day cycle, using the Client’s nominated payment method. The initial setup fee is charged at the time of sign-up and must be successfully processed before any work commences.
By entering into a fixed-term agreement for a 3-month, 6-month, or 12-month minimum term, the Client commits to the full length of the selected term. Early termination does not release the Client from payment obligations for the remainder of the agreed term. No partial refunds, credits, or reductions will be issued unless a written agreement has been made with Purge Digital.
At the conclusion of the fixed term, the agreement will automatically renew for the same duration under the same terms, unless written notice of cancellation is provided by the Client at least 7 days prior to the term’s end date. Weekly billing will continue uninterrupted unless otherwise agreed in writing.
Clients may not pause, delay, or suspend services or billing during the fixed-term period. Exceptions may be considered only under exceptional circumstances and must be approved in writing by Purge Digital. All such approvals are granted at the sole discretion of Purge Digital and must be explicitly confirmed in writing.
Clients are responsible for honouring the full term of their agreement, including payment obligations, regardless of internal changes, marketing results, third-party platform delays (e.g. disapprovals from Google or Meta), or changes in business direction. Purge Digital reserves the right to charge the final 4 weeks of service immediately if it reasonably believes the Client does not intend to honour the full notice period or fixed-term commitment.
This clause applies only to clients not on a fixed-term agreement. Clients on fixed-term agreements are not eligible to pause services.
To request a pause in management services, the Client must provide a minimum of 2 weeks’ written notice, which will take effect at the start of the next billing cycle. During this 2-week notice period, billing will continue on the standard weekly cycle.
If Purge Digital reasonably believes — based on prior communication, account inactivity, or refusal to respond — that the Client does not intend to honour the full 2-week notice, Purge Digital reserves the right to charge the full value of the 2-week period immediately to the Client’s nominated payment method.
The maximum pause duration is 4 consecutive weeks, unless an extended arrangement is agreed to in writing by Purge Digital. Approval is at Purge Digital’s sole discretion and may involve updated terms or a new resumption date.
At the time the pause is approved, a fixed resumption date will be agreed with the Client and confirmed in writing. This date will be used as the trigger for service resumption and billing continuation.
At the end of the pause period, Purge Digital will attempt to contact the Client to resume services. If the Client:
then the Client agrees Purge Digital may terminate the service and charge a 2-week cancellation fee to the nominated payment method. An official confirmation email will be sent at the time of termination.
Pause requests are not valid unless received and confirmed in writing by Purge Digital. Verbal or informal communications will not be accepted as sufficient notice.
To cancel or terminate subscription-based services with Purge Digital, the Client must provide a minimum of 4 weeks’ written notice (“Notice Period”). The Notice Period commences on the first day of the next billing cycle following receipt of the Client’s written cancellation request.
Written notice must be provided by email to the address specified in the Client’s service agreement. Purge Digital will acknowledge receipt of the cancellation notice in writing within 2 business days and confirm the Notice Period end date.
Purge Digital will continue to deliver the full scope of agreed services throughout the Notice Period at the same standard and frequency as prior to the cancellation request. Purge Digital may not unilaterally reduce, limit, or de-prioritise service levels during the Notice Period.
If Purge Digital is unable to deliver services during the Notice Period for reasons within Purge Digital’s control (and not attributable to the Client’s actions or omissions), the Client will not be charged for the period during which services were not delivered.
The Client will be billed for 4 weekly payments on the standard billing cycle during the Notice Period. These payments reflect services actively delivered by Purge Digital during the Notice Period and are not cancellation fees or penalties.
No additional fees, charges, or penalties will be imposed as a consequence of cancellation beyond the 4 weekly payments described in this clause.
The 4-week Notice Period is reasonably necessary to protect the legitimate business interests of both parties, including:
(a) The orderly wind-down, handover, and transition of campaign management;
(b) Reallocation of staff, resources, and systems dedicated to the Client’s account;
(c) Providing the Client with sufficient time to arrange alternative service providers or take over management of their advertising accounts; and
(d) Ensuring continuity of the Client’s advertising campaigns during the transition to avoid disruption to the Client’s business.
The Notice Period applies equally to both parties. The Client is required to continue facilitating service delivery, and Purge Digital is required to continue performing the agreed services at the agreed standard.
To enable Purge Digital to fulfil its obligation to deliver services during the Notice Period, the Client agrees to:
(e) Maintain Purge Digital’s access to all required platforms, advertising accounts, and systems for the duration of the Notice Period;
(f) Respond to reasonable communications from Purge Digital in a timely manner; and
(g) Not take any action that would prevent, frustrate, or materially hinder Purge Digital’s ability to deliver the agreed services.
If, during the Notice Period, Purge Digital’s access to any platform, advertising account, or system required for the delivery of ordinary management services is revoked, restricted, or otherwise made unavailable by the Client or at the Client’s direction, Purge Digital’s service obligations will transition to Access Remediation Management for the remainder of the Notice Period (or until access is restored, whichever occurs first).
Access Remediation Management means that Purge Digital will:
(h) Contact the Client by telephone and email on each business day (or every second business day at minimum) to request the restoration of access and to advise the Client of the impact that restricted access is having on campaign continuity and service delivery;
(i) Document each contact attempt, including the date, time, method of communication, and a summary of the outcome;
(j) Prepare and maintain a handover brief, transition notes, or account status report so that services can resume promptly upon access being restored; and
(k) Continue to hold staff, resources, and systems in readiness to resume ordinary management immediately upon restoration of access.
During any period of Access Remediation Management, the weekly fee remains payable at the standard rate. This reflects the time Purge Digital reasonably and actually spends attempting to regain access, preparing transition materials, maintaining account readiness, and fulfilling its ongoing obligation to manage the Client’s account to the greatest extent possible in the circumstances.
If access is restored during the Notice Period, Purge Digital will resume ordinary management services immediately and without additional charge.
All outstanding fees and payments must be finalised within 7 days of the Notice Period end date. This includes any weekly payments billed during the Notice Period that remain unpaid.
If any payment remains unpaid more than 7 days after the due date, Purge Digital may:
(l) Suspend services upon written notice to the Client;
(m) Refer the matter to a debt collection agency or legal counsel to recover the outstanding balance;
(n) Recover reasonable collection costs actually incurred, including agency fees, legal expenses, and administrative costs; and
(o) Apply interest at the rate prescribed under the Penalty Interest Rates Act 1962 (Qld), or where that Act does not apply, at a rate no greater than 2% above the Reserve Bank of Australia cash rate, accruing daily from the due date until the amount is paid in full.
Before referring any matter to a third-party collection agency, Purge Digital will provide the Client with at least 7 days’ written notice and an opportunity to settle the outstanding amount.
By providing a payment method to Purge Digital Pty Ltd at sign-up or at any time thereafter, the Client authorises Purge Digital to charge the nominated payment method for weekly subscription fees as they fall due under the standard billing cycle, including during the Notice Period.
This authorisation remains in effect until the Agreement has concluded and all amounts due have been paid in full. The Client may revoke this authorisation at any time by providing written notice, provided no outstanding amounts remain. Revocation of payment authorisation does not extinguish the Client’s obligation to pay amounts owing under this Agreement.
If the Client disputes any charge under this clause, the Client is encouraged to raise the dispute in writing with Purge Digital. Purge Digital will respond to the dispute in writing within 5 business days and will engage in good faith to resolve the matter.
Nothing in this clause requires the Client to exhaust internal dispute processes before exercising any right available to them under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or through their financial institution.
Nothing in this Agreement is intended to exclude, restrict, or modify any rights or remedies the Client may have under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (Schedule 2), or any other applicable legislation that cannot be lawfully excluded or limited. To the extent that any provision of this clause is inconsistent with those protections, the relevant legislation prevails.
If the Client wishes to cancel or terminate a fixed-term agreement with Purge Digital prior to the end of the agreed minimum term, the Client is required to pay the full remaining balance of the management fees for the rest of the contracted term. Written notice of early termination must be submitted to Purge Digital via email.
All outstanding amounts — including the remaining balance of the fixed-term agreement and any other fees owing — must be paid in full within 7 days of the cancellation date. No suspension or cancellation of service will affect the obligation to pay this balance.
If any amount remains unpaid more than 7 days after the due date, Purge Digital reserves the right to:
The Client’s advertising spend (e.g. on Google Ads, Meta Ads, etc.) is separate from Purge Digital’s management fee and is paid directly to the relevant platforms. Terminating this agreement does not terminate or pause those third-party accounts. It is the Client’s sole responsibility to cancel, pause, or manage those accounts independently.
By providing any payment method to Purge Digital Pty Ltd at sign-up or any time thereafter, the Client authorises Purge Digital Pty Ltd to charge any card or payment method on file for:
This authorisation remains in effect until the Agreement has concluded and all outstanding amounts have been paid in full, or until the Client provides written notice of revocation, provided no monies remain outstanding.
Purge Digital reserves the right to engage, subcontract, or assign any part of the services under this Agreement to a third-party contractor, freelancer, or external company (“Sub-Minimum Termor”) at its sole discretion.
Such engagement may occur without prior notice to or approval from the Client. All subcontracted work will remain under the supervision and responsibility of Purge Digital, and the Client’s obligations under this Agreement shall remain unchanged.
Engagement of a third-party provider does not create any contractual or service relationship between the Client and the subcontractor. The Client shall not contact, instruct, or contract directly with any Sub-Minimum Termor unless authorised in writing by Purge Digital.
By entering into this Agreement, the Client authorises Purge Digital to access and manage their Google Ads account for the purpose of strategy, setup, optimisation, and ongoing advertising management. The Client acknowledges that account access is essential for delivery of services and agrees not to interfere with, remove, or restrict access without written notice and agreement.
Purge Digital will endeavour to complete the setup of your Google Ads account as soon as reasonably possible, though in some cases it may take up to 5–7 business days to finalise and prepare your account for launch. This timeline is an estimate only and is subject to factors such as business complexity, asset provision delays, or platform approval times.
Once setup is complete, Purge Digital will launch the campaign without requiring additional approval from the Client, and an email notification will be sent confirming launch. The first weekly management fee will be charged in advance upon campaign launch, and all subsequent payments will be billed weekly in advance unless otherwise agreed in writing.
Clients on fixed-term agreements who wish to cancel management services prior to the end of the minimum term must pay out the remaining value of the term in full within 7 days of cancellation notice. Otherwise, the contract will automatically renew for the same term unless written notice of cancellation is received at least 7 days prior to the end of the existing term.
Purge Digital’s management service fees are entirely separate from Google Ads media spend. The Client remains solely responsible for all “per click” charges and platform fees billed by Google. Terminating management services with Purge Digital does not cancel or pause your Google Ads account. You must take action directly within your Google account to prevent further ad spend.
Purge Digital is not liable for any charges incurred directly from Google, whether before, during, or after your engagement with our management services.
Independence from Google
(a) Purge Digital is not Google, Google Ads, Facebook/Meta, Yahoo, or Bing.
(b) While Purge Digital maintains professional affiliations with Google, we are a separate legal entity and are not owned, operated, or controlled by Google.
Purge Digital will make reasonable efforts to assist in achieving your online advertising goals by providing expert advice, technical support, and strategic management. However, unless explicitly guaranteed in writing:
To the maximum extent permitted by Australian law, Purge Digital will not be liable for:
Purge Digital may amend or update these Terms and Conditions at any time. The updated version will be published on our website at www.purgedigital.com.au. Continued use of our services constitutes acceptance of the revised terms, and separate notice will not be provided.
Purge Digital is not responsible for replying to messages, comments, or engaging with followers on the Client’s Facebook or Instagram pages. The Client retains full responsibility for social media community management and communication unless otherwise agreed in writing as part of a separate service agreement.
Purge Digital will work with the Client to develop and manage paid advertising campaigns through the Meta advertising platform (Facebook/Instagram), including ad copy, creative, audience targeting, and technical setup. These services are provided as part of our advertising management service, not social media management.
All advertising costs incurred through the Meta platform (including cost-per-click, cost-per-view, impressions, or spend limits) are paid directly by the Client to Facebook/Meta via the Client’s linked payment method. Purge Digital is not responsible for media spend or billing disputes related to the platform.
Purge Digital is a separate legal entity from Facebook, Meta, or Instagram. While we may maintain technical expertise and partnerships with Meta, we do not represent or act on behalf of the company. The Client remains solely responsible for all charges incurred through their Meta advertising account.
All creatives (including but not limited to graphics, video, copy, and other campaign materials) produced by Purge Digital remain the intellectual property of Purge Digital. Ownership of these creatives does not transfer to the Client unless expressly agreed in writing and purchased under a separate agreement. If the Client continues to use Purge Digital creatives after the termination of services without prior written consent, such use will be considered a breach of copyright. In cases where the Client is found to be profiting from Purge Digital’s copyrighted material without authorisation, Purge Digital reserves the right to issue cease-and-desist notices and pursue legal action, including but not limited to claims for damages, through its legal representatives.
All landing pages created, hosted, or maintained by Purge Digital remain the exclusive property of Purge Digital Pty Ltd unless otherwise agreed in writing. Clients are granted a non-exclusive, revocable licence to use the landing page(s) solely during their active service term with Purge Digital.
Landing pages may be included as part of selected service packages or offered as an additional paid service. Where not included, Clients may request landing page creation for an additional fee, quoted based on complexity and requirements.
If the Client cancels or terminates their service with Purge Digital, any associated landing pages will be taken offline within 14 days of the cancellation date unless the Client has purchased the landing page and entered into a separate hosting agreement.
Clients who wish to retain and continue using their landing page after cancelling Purge Digital services must purchase the landing page for a once-off fee set by Purge Digital.
Ownership does not include hosting.
To keep the landing page live, the Client must also enter into a standalone hosting agreement at a rate of $199 per month + GST, billed monthly in advance. This hosting fee remains payable for as long as the page is hosted by Purge Digital.
Purge Digital does not offer standalone hosting of landing pages without purchase. Clients who do not wish to purchase their landing page will have it removed within 14 days from the cancellation of services.
All landing page content, design, code, layout, and assets remain the intellectual property of Purge Digital unless purchased under a written agreement. Clients are prohibited from copying, reproducing, or reusing any landing page or its contents without prior written consent. Full ownership rights will only be transferred upon receipt of full payment and formal confirmation from Purge Digital.
This Agreement is entered into between Purge Digital Pty Ltd (“we”, “us”, “our”) and the Client (“you”, “subscriber”) for the provision of Search Engine Optimisation (SEO) services. These services include strategy, content planning, keyword targeting, and technical consultation intended to improve the organic visibility of the Client’s website(s) across major search engines such as Google, Bing, Yahoo, and others.
By engaging our SEO services, the Client authorises Purge Digital to manage and optimise their digital presence using keyword strategies and SEO best practices across approved properties and platforms.
Search Engine Optimisation (SEO) refers to a set of strategies and tactics designed to increase the number of visitors to a website by improving its ranking in organic search engine results. This may include:
Important:
SEO does not include any implementation of website design, layout changes, or development work. These services are available separately and charged at $180 + GST per hour. A custom quote can also be provided upon request for larger changes or implementations.
Purge Digital will endeavour to provide SEO services within a reasonable timeframe, but the Client acknowledges that SEO performance is influenced by factors beyond Purge Digital’s control, including competitor actions, platform algorithm changes, and implementation delays. As such, results and performance timelines are indicative only and not guaranteed.
Purge Digital will not be liable for:
Purge Digital may update these SEO terms at any time. All revisions will be published on www.purgedigital.com.au. Continued use of SEO services after any changes constitutes agreement to the updated terms. Purge Digital is not required to provide separate written notice of changes.
While Purge Digital will use best-practice SEO methods to improve your website’s organic visibility, we do not guarantee specific ranking positions on Google or any other search engine, including first-page or first-position rankings. Search engine results are controlled by third parties and subject to constant algorithm updates, competitive activity, and external influences beyond our control.
The Client acknowledges that search engine rankings may fluctuate and, in some cases, move backwards. These changes may be temporary or permanent and may occur without warning. The Client agrees that Purge Digital will not be held liable for any loss of ranking, and no refunds, credits, or discounts will be issued as a result of these changes.
Purge Digital makes no representation or warranty that SEO services will generate specific commercial outcomes, including but not limited to increases in:
Results vary depending on factors outside our control, including market conditions, your industry, website quality, and competition.
Purge Digital is not responsible for changes made to your website by other service providers, developers, staff, or third parties that adversely affect your website’s SEO performance or rankings. The Client agrees that any such changes are performed at their own risk and may nullify the effects of previously implemented SEO strategies.
The Client agrees to provide Purge Digital with all necessary website-related access credentials (e.g. CMS logins, hosting details, Google Search Console, Google Analytics, etc.) in a timely manner. Failure to provide access may delay or reduce the effectiveness of the services and does not release the Client from any payment obligations.
Purge Digital will take reasonable care when working with your website. However, we accept no responsibility for errors, outages, or downtime that occur during or after SEO work is carried out. Any development or implementation work conducted by the Client or a third party is performed at their own risk.
An initial setup fee will be charged to the Client’s nominated payment method immediately upon signup. No SEO work will commence until this fee has been successfully processed. The setup fee is non-refundable under all circumstances, including cancellation or change of mind.
Once the setup is complete and SEO work is ready to begin, Purge Digital will charge the Client’s nominated credit card for the first weekly SEO service fee in advance. This initiates the ongoing subscription billing cycle.
From that point forward, SEO management will be billed weekly in advance, via automatic deduction from the Client’s authorised payment method. This continues on a rolling basis until the Client provides notice of cancellation in accordance with our Terms & Conditions.
Purge Digital will continue to deliver SEO services so long as:
Failure to make payment may result in suspension of services, removal of access, or referral to a debt collection agency as outlined in our standard billing and enforcement terms.
To cancel SEO services, the Client must notify Purge Digital Pty Ltd in writing via email or by phone. A minimum of 4 full weeks’ notice is required, which begins at the start of the next billing cycle following confirmation of receipt. Verbal or informal notifications will not be considered valid unless confirmed in writing.
Purge Digital will continue to perform SEO services during the 4-week notice period, provided the Client maintains active access credentials and all relevant accounts remain accessible. If access is restricted or revoked, the Client will still be liable for payment of the 4-week notice period in full.
Billing will continue on the regular weekly schedule during the notice period. If Purge Digital reasonably believes the Client does not intend to honour the notice period, we reserve the right to charge the full 4-week cancellation amount immediately upon receiving notice.
If any invoice remains unpaid for more than 7 days, Purge Digital reserves the right to:
Interest on unpaid invoices will accrue at the maximum enforceable rate permitted under Queensland law from the date of default until the debt is settled.
By providing any payment method to Purge Digital Pty Ltd at signup or thereafter, the Client authorises Purge Digital Pty Ltd to charge any saved payment method on file for:
This authorisation remains active until the Agreement is formally concluded and all amounts due are paid in full, or until the Client provides written notice revoking authorisation, subject to no outstanding balances remaining.
By engaging Purge Digital for web design services, the Client confirms they are bound by the terms and conditions outlined in this document. A valid agreement may be formed via email, phone, or written confirmation. An “order” is defined as any written or verbal commitment to a web design project, including but not limited to telephone and email correspondence.
Purge Digital will carry out work in accordance with the agreed scope, as confirmed in writing or verbally. While every effort will be made to deliver error-free websites, scripts, and systems, Purge Digital does not guarantee that all functionality will be completely free of bugs or interruptions. We accept no liability for any losses incurred due to errors, bugs, or website malfunction, including partial downtime or performance issues.
All website files, design assets, and code remain the property of Purge Digital until all invoices related to the project are paid in full. The Client agrees not to reuse or repurpose any part of the work until ownership has been formally transferred in writing. Purge Digital is not responsible for any copyright infringement caused by Client-provided content. We reserve the right to reject use of any content that appears to breach copyright laws.
The Client agrees to provide all content, materials, images, logos, credentials, and access details required to complete the website within a reasonable timeframe. Delays caused by the Client’s failure to supply these may extend the delivery timeline and will not release the Client from payment obligations.
Any request that falls outside the originally agreed scope will be quoted separately or charged at $180 + GST per hour for all web-related work, including design, development, updates, or feature enhancements. Scope changes are subject to approval at Purge Digital’s discretion.
Purge Digital will not be liable for:
A 50% deposit is required prior to the commencement of any web design project unless an alternate agreement is made in writing. The remaining 50% balance is due upon project completion. Completion is defined as the website being built to the agreed scope and ready for delivery, regardless of whether the Client chooses to proceed with going live or not.
Important:
If the Client cancels the project or chooses not to proceed after work has commenced, they are still required to pay for all work completed up to that point. There are no exceptions.
If the Client fails to pay any balance within 7 days of the invoice due date, Purge Digital reserves the right to:
Basic SEO best practices (such as metadata, headings, and crawlability) may be applied during the build. However, SEO services are not included in any web design package unless otherwise agreed. Dedicated SEO work must be arranged as a separate service agreement.
Purge Digital and any subcontractors engaged for the project agree to maintain full confidentiality over all non-public business information, documents, and credentials provided by the Client. We will not disclose, share, or misuse your information under any circumstance.
Purge Digital Pty Ltd may amend, update, or modify these Terms & Conditions, service inclusions, packages, processes, or pricing from time to time.
Updated Terms will be published on our official website at:
👉 www.purgedigital.com.au
By continuing to use Purge Digital’s services after any update takes effect, the Client agrees to be bound by the revised Terms.
Unless otherwise required by law:
Where a Client is within a fixed-term agreement, updated Terms will not affect pricing or core obligations for the remainder of that fixed term unless the Client agrees in writing.
No update will affect:
before the effective date of the update.
Purge Digital may change service scope, inclusions, processes, or pricing:
If the Client does not agree to any updated Terms or pricing, the Client may elect to cancel the Agreement in accordance with the applicable notice period.
Where the Client elects to cancel due to updated Terms, the cancellation period and any related obligations will be governed by the version of these Terms & Conditions that was in effect immediately prior to the update, and not by the updated Terms.
However, once a new billing cycle, renewal period, or service order has commenced after the updated Terms have taken effect, the Client will be deemed to have accepted the updated Terms and may not retroactively cancel or attempt to rely on a previous version of these Terms & Conditions.
Continued use of Purge Digital’s services after the start of a new billing cycle following an update constitutes acceptance of the updated Terms.
Where practical, Purge Digital will provide reasonable notice of material changes by email, invoice notice, or website announcement. Failure to receive notice does not invalidate updated Terms once published.
The most current version of these Terms, as published on Purge Digital’s website, forms part of the Agreement between the Client and Purge Digital and supersedes any prior version from the date it takes effect.
These Terms and Conditions apply to all contracts and engagements entered into between Purge Digital Pty Ltd (“the Company”) and any Client for services relating to:
These terms apply to all graphic design services provided by Purge Digital Pty Ltd, including those delivered by our employees, contractors, or any authorised third-party vendors or subsidiaries engaged by us to fulfil a portion of the work.
Purge Digital reserves the right to amend, modify, or update these Graphic Design Terms at any time. Revised terms will be published on our website. Clients engaging in ongoing work after such updates will be deemed to have accepted the revised terms. No separate notification of changes will be provided unless required by law.
By engaging Purge Digital for graphic design services, the Client agrees to be bound by the latest version of these Terms & Conditions, along with any additional provisions specified in the project proposal or service agreement.
Purge Digital reserves the right to request a deposit payment prior to commencing any work. If a deposit is required, an invoice will be issued to the Client via email. Work will not commence until the deposit has been received in full.
By paying the deposit, the Client confirms acceptance of Purge Digital’s Terms & Conditions and enters into a binding agreement for the services specified in the proposal or correspondence.
Full payment must be made prior to the finalisation, release, or handover of any project files or deliverables, unless a written agreement has been made stating otherwise. This applies to all services, including graphic design, development, advertising, and any associated work.
All pricing and service fees quoted by Purge Digital are exclusive of GST unless explicitly stated otherwise. GST will be added to all invoices where applicable, in accordance with Australian tax law.
Failure to make payment by the specified due date may result in:
The Client is solely responsible for reviewing and approving all design proofs provided by Purge Digital prior to finalisation, publishing, printing, or launch.
This includes—but is not limited to—verifying the accuracy and suitability of:
If any aspect of the proof is unclear, difficult to read, or appears to contain potential errors, it is the Client’s responsibility to request clarification or an updated version before providing approval. Silence, inaction, or delayed responses will not be considered approval, but Purge Digital may proceed if deadlines require and no objections are raised.
Once approval has been given—either verbally, via email, or in writing—the Client accepts full responsibility for any errors, omissions, or production issues. Purge Digital will not be held liable for any costs, delays, or reprints resulting from Client-approved proofs that contain errors or inaccuracies.
The Client agrees that Purge Digital Pty Ltd, its directors, employees, contractors, and affiliates shall not be held legally liable for any loss, damage, expense, or injury (whether direct, indirect, incidental, special, or consequential) arising from or related to:
The Client acknowledges that digital services, advertising platforms, web technologies, and design outputs may include inherent limitations, inaccuracies, or external factors (such as algorithm changes or server outages), and expressly waives any claim against Purge Digital for such occurrences to the maximum extent permitted by law.
Unless explicitly stated in writing, Purge Digital makes no warranties or guarantees, either express or implied, regarding the outcomes or results of any service, including performance metrics, rankings, traffic volumes, revenue generation, or lead quality.
Nothing in this clause is intended to exclude, restrict, or modify any rights or remedies the Client may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation that cannot be lawfully excluded.
Purge Digital does not accept strict liability for any specific delivery date, timeline, or milestone. All timeframes provided are indicative estimates only and may change due to scope evolution, Client-side delays, or unforeseen technical or administrative hurdles. We reserve the right to revise timelines at any point during the project lifecycle.
Purge Digital will not be held responsible for project delays caused by circumstances outside our direct control, including but not limited to:
If the Client seeks to impose a new or shorter deadline after the agreement has been signed, Purge Digital is not obligated to meet that revised timeline. We reserve the right to amend the original quote or service scope as reasonably required to accommodate any accelerated delivery request.
In the unlikely event that Purge Digital fails to meet a previously agreed deadline without justified cause, the Client has the right to cancel the agreement. In such case, the Client will only be invoiced for work completed up to that point and no cancellation fee will apply.
If the Client chooses to continue using the work already completed, the agreement remains enforceable, and full payment for the original quoted amount will be required upon completion.
Any deadlines agreed between Purge Digital and the Client relate solely to design and digital delivery. Deadlines do not include timeframes for third-party production or printing. The Client is responsible for accounting for additional production time when setting expectations.
All concepts, drafts, designs, and Artwork created by Purge Digital Pty Ltd (the “Company”)—including but not limited to logos, symbols, brand assets, compositions, illustrations, and written content—remain the exclusive intellectual property of the Company until all associated invoices have been paid in full.
Unlawful use of any draft or completed Artwork prior to full payment is strictly prohibited and may constitute a breach of Australian copyright law.
The Client acknowledges that using any designs, drafts, or concepts prior to ownership transfer is illegal. Purge Digital retains full copyright under the Copyright Act 1968 (Cth) and reserves the right to take legal action in the event of unauthorised use, reproduction, or distribution.
More information is available via the Australian Copyright Council:
📚 www.copyright.org.au/information
25.3 Transfer of Copyright Upon Payment
Full copyright ownership over finalised Artwork will transfer to the Client only upon full payment of all outstanding accounts related to the project. Once payment has been received in full, the Client is granted full ownership and control of the final approved design(s). This does not include drafts, unused concepts, or rejected variations, which remain the property of Purge Digital.
Purge Digital and its designers retain the right to use completed work—including final designs, screenshots, and project outcomes—for internal portfolio use, self-promotion, and marketing purposes, unless otherwise agreed in writing.
Purge Digital does not conduct trade mark checks or applications. It is the Client’s sole responsibility to ensure that any design or brand element provided by Purge Digital is not already registered or in use by another entity. We recommend Clients consult IP Australia or a qualified trade mark attorney prior to use.
Where future reprints or reproductions of the same Artwork are requested by the Client, only a print management or handling fee will apply (unless revisions are requested, which may incur additional design charges).
The Client agrees to actively participate in the delivery of services by:
Delays caused by the Client’s inaction, indecision, or failure to supply required assets will not exempt the Client from payment obligations or alter agreed timelines. Purge Digital is not responsible for underperformance or delays resulting from incomplete or late client input.
The Client agrees to indemnify, defend, and hold harmless Purge Digital Pty Ltd, its directors, employees, contractors, and affiliates from and against all claims, liabilities, losses, damages, and expenses (including reasonable legal fees) arising from:
This indemnity survives the termination of this Agreement.
Purge Digital reserves the right to suspend any services without notice if:
Suspension of services does not waive the Client’s financial obligations for the minimum term, notice period, or fixed-term agreement. All suspended services may resume once the issue is resolved and any outstanding amounts are paid in full.
29.1 Definitions
For the purposes of this clause:
29.2 Non-Hire Restriction
The Client agrees that during the term of this Agreement and for 12 months following termination or expiry, the Client must not, without Purge Digital’s prior written consent, directly or indirectly:
any Personnel who:
(a) worked on the Client’s account; or
(b) supervised or supported personnel working on the Client’s account; or
(c) had access to the Client’s campaigns, data, systems, communications, or strategy; or
(d) was introduced to the Client by Purge Digital.
This restriction applies regardless of whether the approach is initiated by the Client, the Personnel, or any third party.
29.3 Non-Solicitation & Encouragement
The Client must not solicit, encourage, entice, pressure, or assist any Personnel to:
(a) terminate or reduce their engagement with Purge Digital; or
(b) provide services to the Client outside of Purge Digital; or
(c) divert time, work, or attention away from Purge Digital to the Client (including in a “side” capacity).
29.4 Non-Circumvention
The Client must not circumvent this clause by engaging Personnel through any structure or arrangement intended to avoid this clause, including (without limitation):
(a) a related entity or associated entity;
(b) a third-party contractor arrangement;
(c) a recruiter or labour hire arrangement;
(d) an intermediary person or business; or
(e) any “consulting”, “advisory”, “casual”, or “trial” arrangement.
29.5 Recruitment & Loss-of-Goodwill Fee (Successful Hire/Engagement)
If the Client breaches this clause by employing or engaging Personnel (directly or indirectly), the Client agrees to pay Purge Digital immediately upon written demand a recruitment and loss-of-goodwill fee equal to the greater of:
as determined by Purge Digital in its sole but reasonable discretion acting in good faith.
The parties agree this amount represents a genuine pre-estimate of loss and is not a penalty, taking into account (without limitation): recruitment and replacement costs, training and onboarding investment, loss of productivity during ramp-up, disruption across multiple client accounts, increased workload on remaining staff, retraining requirements, loss of confidential know-how and internal systems knowledge, client stability risk, loss of goodwill, and management time required to stabilise operations.
Purge Digital may rely on documented recruitment costs, training records, ramp-up time, communication logs, historical client churn data (where available), and internal cost records when determining its reasonable estimate of loss.
29.6 Tiered Senior Personnel Adjustment (Role-Based Loss Exposure)
Where the relevant Personnel held a senior or leadership role, the parties acknowledge that the loss caused by poaching such Personnel may reasonably exceed standard replacement costs due to broader operational disruption, training impact, and client stability risk. Accordingly, Purge Digital’s reasonable estimate of loss under clause 29.5 may reflect the Personnel’s seniority and the cost to replace and stabilise the business.
Indicative loss ranges (guidance only; not automatic penalties) are:
Any amount claimed must remain a reasonable estimate made in good faith having regard to documented costs and business impact.
29.7 High-Value Client Protection
Where the Client is a High-Value Client, the following additional protections apply:
(a) The restraint period in clauses 29.2–29.4 applies for the longest enforceable period up to 18 months following termination/expiry.
(b) Purge Digital’s reasonable estimate of loss may account for heightened operational disruption and client stability risk associated with critical accounts.
(c) Purge Digital may require an immediate structured transition process (including reassignment of account responsibilities) for any affected Personnel.
29.8 Attempted Solicitation & Investigation Fee (Attempted Poaching)
If the Client attempts to solicit, encourage, induce, or approach Personnel in breach of this clause (whether successful or not), Purge Digital may charge an investigation and administration fee reflecting the reasonable costs actually incurred, including (without limitation): reviewing call recordings, reviewing communication logs, internal management time, obtaining legal advice, and implementing protective measures.
This fee will be calculated based on documented time and costs at Purge Digital’s standard hourly rates and must be paid within 7 days of invoice. If Personnel is subsequently engaged by the Client, clause 29.5 applies in addition.
29.9 Recorded Communications Requirement
Purge Digital utilises recorded phone systems and logged communication platforms for quality control, compliance, training, and dispute resolution.
The Client must not request, pressure, or encourage any Personnel to move conversations off recorded lines to private or unrecorded calls, messaging apps, or any other unlogged channels.
If the Client does not wish to communicate on a recorded phone line, then all communications must be via email.
Any attempt to move communications off recorded or logged channels may be considered evidence of attempted solicitation, circumvention, or improper conduct.
29.10 Consent Option
The Client may request written consent from Purge Digital to employ or engage Personnel. Purge Digital may grant or withhold consent at its discretion and may impose conditions including a negotiated recruitment fee.
29.11 Injunctive Relief
Purge Digital may seek urgent injunctive relief (including court orders) to prevent or restrain a breach of this clause, in addition to any fees or damages recoverable.
29.12 Cascading Duration
To maximise enforceability, the restraint period in this clause applies for the longest enforceable period of: 12 months, or if unenforceable 9 months, or 6 months, or 3 months.
29.13 Survival, Offset & Read-Down
This clause survives termination or expiry of this Agreement. Purge Digital may offset any amounts payable under this clause against any monies otherwise payable by the Client. If any part of this clause is found unenforceable, it will be read down to the maximum extent permitted by law and the remainder will continue in full force.
This Agreement is governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland for any disputes or proceedings relating to this Agreement.
The Client waives any objection to proceedings being brought in that jurisdiction, including on the grounds of forum non conveniens.
Purge Digital shall not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to:
In such cases, time for performance shall be extended for a reasonable period, or obligations suspended as necessary.
All fees paid to Purge Digital are non-refundable, including but not limited to setup fees, service fees, consulting fees, creative fees, and third-party charges. Refunds will not be issued due to change of mind, campaign performance, early cancellation, or failure to act on recommendations.
The Client agrees not to initiate a chargeback through their financial institution without first attempting to resolve the matter with Purge Digital in writing. Any unauthorised chargeback will be considered a breach of contract and subject to immediate legal and financial recovery actions.
By engaging Purge Digital, the Client agrees to abide by the terms, policies, and advertising guidelines of any third-party platforms involved in the services delivered (e.g. Google Ads, Meta Ads, Mailchimp, WordPress, Shopify, etc.).
Purge Digital will not be liable for delays, rejections, restrictions, ad disapprovals, account suspensions, or platform penalties. These outcomes are controlled by third parties and do not affect the Client’s obligation to pay ongoing service fees.
Unless otherwise agreed in writing, all design, content, development, and advertising projects include up to 2 rounds of revisions. Additional revision rounds or scope changes outside the original agreement will be billed at $180 + GST per hour or quoted separately.
Requests for ongoing tweaks, new variations, or direction changes after feedback approval will be treated as new work. Delays in providing feedback do not pause billing or alter delivery expectations.
Purge Digital may implement third-party tracking solutions such as Google Analytics, Meta Pixel, Google Tag Manager, or call tracking as part of its services. While best efforts will be made to ensure accurate setup, Purge Digital is not responsible for any interruptions, inaccuracies, or data losses resulting from:
The Client is responsible for maintaining proper access, credentials, and platform hygiene to support ongoing tracking functionality.
Unless a separate exclusivity agreement is signed and supported by an additional fee, no industry or geographic exclusivity is granted. Purge Digital reserves the right to work with other businesses, including direct competitors, in the same industry or region.
Requests for exclusivity must be negotiated and agreed to in writing before the start of any engagement.
Purge Digital reserves the right to terminate this agreement immediately and without refund if the Client:
In the event of termination under this clause, all fees for work completed up to that date will remain fully payable and Purge Digital reserves the right to retain work product until all outstanding amounts are settled.
Purge Digital retains project data, files, and client access credentials only for a maximum of 30 days after project completion or cancellation. Beyond this period, Purge Digital may permanently delete files without notice.
It is the Client’s responsibility to download, back up, and store all final deliverables. Purge Digital is not liable for lost data after the 30-day retention period unless an ongoing hosting, storage, or management agreement is in place.
Purge Digital may engage contractors or third-party providers in the delivery of its services. While these individuals operate under Purge Digital’s direction, the Company is not responsible for independent representations, advice, conduct, or communication made by subcontractors outside the agreed project scope.
Any concerns related to subcontractor conduct must be raised directly with Purge Digital management for review.
If a dispute arises between the Client and Purge Digital, both parties agree to first attempt resolution in good faith through written communication and discussion.
If the matter cannot be resolved within 14 days, the dispute must be referred to mediation before any formal legal proceedings may be commenced. The mediator will be selected jointly, and both parties will bear their own costs unless otherwise agreed in writing.
The Client agrees that any legal claim, complaint, or formal dispute relating to services provided by Purge Digital must be raised within 12 months of the service or project completion date.
Claims brought after this period will be considered waived and unenforceable.
By engaging Purge Digital’s services—whether through online form submission, email confirmation, verbal agreement, or payment of any invoice—the Client confirms acceptance of these Terms & Conditions and enters into a binding contract.
Digital approvals (including ticking a checkbox, submitting a form, or replying “I accept”) will be treated as legally binding acceptance.
Any advice, strategy, or recommendations provided by Purge Digital as part of its services are based on professional experience and industry standards, but do not constitute legal, financial, or tax advice.
Clients are encouraged to seek independent legal or financial advice before acting on such recommendations where appropriate.
Purge Digital’s standard business hours are Monday to Friday, 9:00 AM to 5:00 PM AEST, excluding public holidays.
While we aim to respond to all client communication within a reasonable time frame, we do not guarantee same-day responses outside of these hours unless otherwise agreed in writing.
If the Client becomes unresponsive or fails to provide required approvals, feedback, content, or access within the agreed timeframe, all project timelines will be automatically extended to reflect the delay.
These delays do not suspend billing obligations, and revised delivery timeframes will be communicated accordingly.
Failure by Purge Digital to enforce any provision of these Terms & Conditions at any time does not constitute a waiver of that provision or any other rights under this agreement.
All rights and remedies under this agreement remain enforceable at any time, regardless of prior conduct or flexibility shown.
During initial consultations and strategic onboarding, representatives of Purge Digital may reference indicative metrics, forecast models, or estimated performance scenarios. These references are constructed based on a range of qualitative and quantitative variables, including but not limited to industry benchmarking, third-party data environments, historical norms, and subjective strategic assessment.
Such communications are intended for conceptual orientation and strategic framing only and are not to be construed as assurances, performance guarantees, or definitive representations of future results. Any numerical or qualitative suggestions shared throughout this phase shall be understood as non-binding contextual indicators, not contractual commitments.
To the extent that forward-facing commentary is made in the course of discovery or sales communication, the Client acknowledges that such commentary is expressly precluded from forming the basis of any material expectation unless reiterated in a formal service schedule ratified by both parties.
Mon – Fri – 9:00 AM 5:00 PM
Weekends – Closed