These terms govern your use of the Makeform website (makeform.com.au) and the services provided by Makeform. By using the website or engaging our services, you agree to them.
1. About Makeform
Makeform is a strategic marketing consultancy based in Melbourne, Australia, serving startups and small to medium businesses. "We", "us" and "our" refer to Makeform. "You" and "client" refer to the individual or business using the website or engaging our services.
2. Use of this website
You may use this website for lawful purposes only. You must not use it in a way that breaches applicable laws or regulations, or that is fraudulent or harmful. We may restrict or end access to the website at any time without notice.
3. Services
Our services include marketing strategy, Shape Check™ assessments, paid campaign management, SEO, websites and landing pages, CRM and automation, influencer marketing, reputation management and ongoing retainer engagements. The scope, deliverables and fees for any engagement are agreed in writing before work starts.
Where we manage advertising or software accounts on your behalf, you keep ownership of those accounts at all times. We use them solely to deliver the agreed service and in line with each platform's terms and policies.
We may engage specialist contractors to deliver parts of an engagement. Makeform remains responsible for the work and for the confidentiality obligations in section 6.
4. Fees and payment
Fees are set out in the relevant proposal or service agreement. Retainer fees are invoiced monthly in advance, and project work on completion, unless otherwise agreed. Where advertising media is paid through Makeform, the following month's media is invoiced in advance together with the agreed management fee. Payment terms are 14 days from the invoice date. Late payments may incur interest at 2% per month.
5. Intellectual property
All content on this website, including text, design and code, is the intellectual property of Makeform unless otherwise stated. You may not reproduce, distribute or use it without our written consent.
Work created for a client as part of a paid engagement becomes the client's property once all outstanding invoices are paid, unless otherwise agreed in writing.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during an engagement. This obligation continues after the engagement ends.
7. Limitation of liability
To the extent permitted by law, Makeform's liability for any claim arising from our services is limited to the total fees paid by the client in the three months before the claim. We are not liable for indirect or consequential losses, including lost revenue or lost data.
Marketing outcomes, including advertising performance, depend on market conditions and platform changes outside our control. We do not guarantee specific results from any campaign or strategy, including under performance-based pricing.
8. Ending an engagement
Retainer engagements have no minimum term and no notice period: either party may end one at any time, in writing. Project work may be ended by mutual agreement. When an engagement ends, fees for work completed and any media already committed become payable.
9. Governing law
These terms are governed by the laws of Victoria, Australia. Any dispute is subject to the exclusive jurisdiction of the courts of Victoria.
10. Changes to these terms
We may update these terms from time to time. The date at the top of this page shows when they were last revised. Continued use of the website after a change means you accept the updated terms.
11. Contact
Questions about these terms: tom@makeform.com.au