Genix Digital | Digital Marketing Agency
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Terms of Use

Terms of Use

Effective Date: 02.19.2026
Last Updated: 02.19.2026

These Terms of Use govern access to and use of the website operated by Genix Digital (“Genix”, “we”, “our”, or “us”) at www.genixdigital.com, and any related services.

By using this website or engaging our services, you agree to these Terms.

1. Compliance with Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or other applicable legislation that cannot be excluded by law.

Where you are a “consumer” under the ACL:

  • Our services come with guarantees that cannot be excluded.
  • You are entitled to a replacement or refund for a major failure.
  • You are entitled to compensation for reasonably foreseeable loss or damage.
  • You are entitled to have services supplied again if they fail to be of acceptable quality, and the failure does not amount to a major failure.

2. Use of Website

You agree not to:

  • Use the website unlawfully
  • Attempt unauthorised access
  • Distribute malicious code
  • Copy or misuse of intellectual property
  • Interfere with website functionality

We may restrict or terminate access for misuse.

3. Intellectual Property

All website content, including text, branding, graphics, videos, strategy materials, and digital assets, is owned by Genix Digital unless otherwise stated.

You may not reproduce, modify, distribute, or exploit our content without written consent.

Client work remains subject to the ownership terms outlined in the relevant service agreement.

4. Service Agreements

All paid services are governed by a separate written proposal, agreement, or contract outlining:

  • Scope of services
  • Deliverables
  • Fees
  • Timelines
  • Termination terms

If there is any inconsistency, the signed agreement prevails over these Terms.

5. Fees & Payments

Unless otherwise agreed in writing:

  • Fees are payable as outlined in the proposal or invoice
  • Fees are exclusive of GST unless stated
  • Late payments may result in suspension of services
  • Continued non-payment may result in termination

We reserve the right to recover reasonable costs associated with overdue accounts.

6. Performance & No Guarantee Clause (ACL-Compliant)

Genix Digital provides digital marketing services based on strategy, industry knowledge, and best practice methodologies.

However:

  • We do not guarantee specific revenue outcomes
  • We do not guarantee search engine rankings
  • We do not guarantee lead volume or conversion rates

Marketing performance depends on market conditions, competition, budget, algorithm changes, and client cooperation.

This clause does not exclude consumer guarantees under the Australian Consumer Law.

7. Third-Party Platforms

Our services may involve platforms such as:

  • Google Ads
  • Meta (Facebook & Instagram)
  • LinkedIn
  • HubSpot
  • Hosting providers

We are not responsible for:

  • Platform outages
  • Policy changes
  • Account suspensions caused by platform rule breaches

Clients are responsible for complying with third-party platform terms.

8. Limitation of Liability (ACL Safe Version)

To the extent permitted by law:

  • We exclude liability for indirect, consequential, or special loss.
  • Our total liability for any claim relating to services is limited to:
    (a) Re-supplying the services; or
    (b) The cost of having the services re-supplied; or
    (c) The total fees paid by you for the affected services in the previous three (3) months,

whichever is required under the ACL.

This limitation does not apply to liability that cannot be excluded under the Australian Consumer Law.

9. Indemnity

You agree to indemnify Genix Digital against any claims, losses, or damages arising from:

  • Your breach of these Terms
  • Your misuse of our website
  • Your breach of third-party platform policies

10. Termination

We may suspend or terminate services where:

  • There is a material breach of the agreement
  • Fees remain unpaid
  • There is unlawful or unethical conduct

Termination does not affect accrued rights or outstanding payments.

11. Privacy

Use of this website and our services is subject to our Privacy Policy, which complies with the Australian Privacy Act 1988 (Cth).

12. Governing Law

These Terms are governed by the laws of Australia.

Any disputes will be subject to the jurisdiction of the Australian courts.

13. Changes to Terms

We may update these Terms from time to time. Continued use of our website constitutes acceptance of any updated Terms.

14. Contact Details

Genix Digital
Website: www.genixdigital.com
Email: info@genixdigital.com

For legal enquiries, please use the subject line “Legal Enquiry”.