1. Overview
By engaging Capable Marketing for any marketing, advertising, automation, consulting, website, creative, strategy or digital services, the client agrees to the following Terms and Conditions.
These Terms are designed to ensure clear expectations, protect both parties, and maintain professional working relationships.
By making payment, signing a proposal, approving an invoice, submitting a booking form, or engaging Capable Marketing services, the client acknowledges and agrees to these Terms in full.
2. Quote Validity
All quotes issued by Capable Marketing are valid for 7 business days from the date issued unless otherwise stated in writing.
Quotes may be revised after this period due to changes in scope, availability, pricing, workload or project requirements.
3. Payment Structure
Unless otherwise agreed in writing, projects are structured as follows:
The remaining balance must be paid in full before advertising campaigns are launched, automations are activated, systems are connected live, websites or funnels go live, assets are transferred, or final deliverables are released.
Capable Marketing reserves the right to withhold launch, activation, transfer of assets, backend access, campaigns, automations or completed work until all invoices are paid in full.
4. Deposits & Non-Refundable Payments
All deposits are strictly non-refundable.
By paying the deposit, the client acknowledges that Capable Marketing immediately allocates time, strategy, planning, creative development, production resources, consultation and project scheduling toward the project.
Refunds will not be provided for:
- change of mind,
- paused projects,
- internal business changes,
- staffing changes,
- delayed decision-making,
- dissatisfaction unrelated to agreed scope,
- or choosing not to proceed after work has commenced.
If a client cancels a project after work has commenced, Capable Marketing reserves the right to retain all deposits already paid, invoice for work already completed, invoice for time already allocated, and invoice for any unrecoverable production or third-party costs.
5. No Guaranteed Results
Marketing outcomes can never be guaranteed.
Capable Marketing does not guarantee:
- revenue, profitability, sales or business growth,
- lead volume or lead quality,
- conversion rates or return on ad spend,
- ad approvals, account stability or website traffic,
- or customer acquisition.
Results are influenced by factors outside Capable Marketing’s control, including market conditions, competition, offer quality, pricing, sales processes, response speed, customer service, website performance, platform algorithms and customer behaviour.
All services are provided on a best-effort basis only.
6. Client Responsibilities
The client agrees to:
- provide accurate information,
- provide required assets and access,
- respond within reasonable timeframes,
- maintain respectful communication,
- review deliverables promptly,
- and cooperate throughout the project process.
The client is solely responsible for following up leads, sales conversations, customer communication and converting leads into paying customers.
7. Project Pauses & Inactive Clients
If a client becomes inactive, unresponsive, or delays a project for more than 14 consecutive days, Capable Marketing reserves the right to pause the project, reschedule timelines, archive the project, or close the project entirely.
Where a project remains inactive for more than 30 days, Capable Marketing may require an additional reactivation fee before work recommences.
No refunds will be issued for paused, delayed or abandoned projects.
8. Scope of Work & Revisions
Services are limited to the agreed scope outlined in proposals, invoices, onboarding forms, written agreements or email correspondence.
Additional requests outside the agreed scope may incur additional charges. This includes additional revisions, redesign requests, extra campaigns, additional funnels, additional automations, extra consulting, additional creative work, strategy pivots or extra integrations.
Reasonable revisions may be included depending on the purchased service. Excessive revisions, repeated direction changes or complete creative changes after approval may incur additional fees.
9. Third-Party Platforms & Subscriptions
Unless explicitly included in writing, the client is responsible for all third-party platform costs, including Meta advertising spend, CRM subscriptions, email marketing software, SMS platforms, automation tools, hosting, domains, plugins, AI tools, landing page software, analytics software and external integrations.
Capable Marketing is not responsible for outages, pricing changes, platform suspensions, disapproved ads, account restrictions, algorithm changes, AI-generated platform changes or issues caused by third-party platforms.
10. Intellectual Property & Strategy Protection
All concepts, strategies, systems, workflows, automations, creative concepts, campaign structures, copywriting, documents and processes developed by Capable Marketing remain the intellectual property of Capable Marketing unless otherwise agreed in writing.
Clients may not copy, reproduce, resell, teach, distribute or commercially replicate any systems, workflows or proprietary methods developed by Capable Marketing without written permission.
All work remains the intellectual property of Capable Marketing until paid in full.
11. Handover Policy
Upon completion and full payment of the project, clients will receive access only to the agreed deliverables.
Capable Marketing is not obligated to provide training, tutorials, backend walkthroughs, strategic consulting beyond scope or ongoing support unless separately agreed in writing.
12. Communication & Conduct
Capable Marketing maintains a zero-tolerance policy toward abusive behaviour, threats, harassment, manipulation, intimidation, defamatory behaviour, excessive hostility or unreasonable conduct.
Capable Marketing reserves the right to immediately terminate services where communication becomes inappropriate, unsafe or unprofessional.
In such circumstances, all outstanding invoices remain payable, all deposits remain non-refundable, and access to services may be revoked immediately.
13. Limitation of Liability
To the maximum extent permitted by law, Capable Marketing shall not be held liable for business losses, revenue losses, loss of profits, advertising performance, account restrictions, platform decisions, system failures, downtime, missed opportunities, reputational damage, or indirect/consequential damages.
Clients acknowledge that all marketing activities carry inherent risk.
14. Confidentiality
Capable Marketing agrees not to disclose confidential client information except where required by law, for professional services, or where information is already public.
Capable Marketing reserves the right to showcase completed work, case studies, results, branding and project examples for portfolio and marketing purposes unless otherwise agreed in writing.
15. Governing Law
These Terms are governed by the laws of Queensland, Australia.
Any disputes arising from these Terms or related services shall be subject to the jurisdiction of Queensland courts.
Contact
For questions about these Terms, please contact Capable Marketing.
Email: irina.shkr2@gmail.com