Terms of Service
These Terms govern your use of the Big Bear Marketing website (this site) and any services we provide. By using this site or engaging us for work, you agree to these Terms.
1. Who we are
Big Bear Marketing is a sole trader operated by Brandon Connor, based in Sydney, NSW, Australia. References to "we", "us", and "our" mean Big Bear Marketing.
2. Use of this site
This site is provided for general information purposes about our services. You agree to use it lawfully and not to:
- Attempt to interfere with the operation of the site or any underlying systems.
- Reproduce or republish substantial portions of the site without our written permission.
- Use the contact form to send unsolicited commercial offers or harmful content.
3. Quotes and engagements
Submitting an enquiry through our contact form does not create a contract. We will respond with a written quote outlining the proposed scope, fee, and timeline. A binding engagement only exists once both parties sign or accept that quote in writing.
Quotes are valid for 30 days unless stated otherwise.
4. Fees, payment, and taxes
- Project fees and any deposits will be specified in the signed quote.
- Unless stated otherwise, all amounts are in Australian Dollars (AUD) and exclude GST.
- Payment terms are typically 50% deposit on engagement and 50% on go-live, unless agreed otherwise.
- Late payments may attract interest at 5% per annum above the RBA cash rate, calculated daily.
5. Scope, changes, and timelines
We deliver the scope set out in the signed quote. Material changes ("scope creep") may attract additional fees, which will be quoted before any extra work is performed.
Timelines depend on you providing content, feedback, and approvals in a reasonable time. Delays caused by your side may shift the go-live date proportionally.
6. Your content and approvals
You retain ownership of any content, brand assets, or data you provide ("Your Content"). You grant us a limited licence to use Your Content solely to deliver the engaged services.
You confirm that Your Content does not infringe any third-party rights, contains no unlawful material, and is yours to license. You will keep us indemnified against any claim that Your Content breaches third-party rights.
7. Ownership of deliverables
Once your project is paid in full, you own the source code, design files, and configuration of the deliverables that we produce specifically for you. We retain ownership of any underlying frameworks, internal libraries, or pre-existing components used in the build, and grant you a perpetual, royalty-free licence to use them as part of your project.
We may showcase the project in our portfolio (visual screenshots, link, brief description) unless you ask us not to.
8. Hosting, third-party services, and deployment
Where the engagement includes deployment, you (the client) are responsible for any third-party hosting, domain, or service accounts in your name. We can set these up on your behalf with your explicit permission, but billing for those third-party services is yours.
We are not responsible for outages, breaches, or service changes by third-party providers (e.g. Netlify, Cloudflare, Microsoft 365, Twilio). We will use reasonable care in selecting and configuring providers.
9. Warranty and support
We warrant that we will perform the engaged services with reasonable care and skill, and that on go-live the deliverables will materially match the agreed scope.
We provide 30 days of post-launch bug-fix support at no extra cost on our work. Beyond that, ongoing support is available on a separate retainer or hourly basis.
10. Liability
To the maximum extent permitted by law:
- Our total liability to you in connection with this engagement is limited to the fees paid to us under that engagement in the 12 months preceding the claim.
- We exclude liability for indirect, consequential, or special losses (including loss of profit, business interruption, or data).
Nothing in these Terms limits any rights you have under the Australian Consumer Law that cannot be excluded.
11. Termination
Either party may terminate an engagement in writing if the other materially breaches these Terms or the signed quote and does not remedy the breach within 14 days of being notified.
On termination, you will pay for any work performed up to the termination date.
12. Confidentiality
We will keep any non-public information you share with us confidential and only use it to deliver your engagement, unless required by law to disclose it.
13. Changes to these Terms
We may update these Terms from time to time. Changes apply to engagements entered into after the "Last updated" date.
14. Governing law
These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.
15. Contact
Questions about these Terms? Email hello@bigbearmarketing.com.au.
Note: These Terms are provided as a starting template based on common Australian small-business agency practice. Have a solicitor review and tailor them to your situation before engaging clients on this basis.