1. Definitions

1.1 "Digimark Limited" refers to Digimark Limited, its agents, or employees.

1.2 "Customer" pertains to the individual or entity acting on behalf of and with the authority of the Customer, or those purchasing Services and Goods from Digimark Limited.

1.3 "Services and Goods" encompass all services, goods, products, and guidance provided by Digimark Limited to the Customer. This includes but is not limited to multimedia, online projects, signage services, as well as all associated charges such as time and attendance fees, hire charges, insurance charges, or any other fees related to the provision of Services and Goods by Digimark Limited to the Customer.

1.4 "Price" signifies the cost of the Services and Goods as mutually agreed upon between Digimark Limited and the Customer. It encompasses all disbursements, excluding GST, incurred by Digimark Limited on the Customer's behalf, as outlined in clause 4 of this contract.

2. Acceptance

2.1 Any directives received by Digimark Limited from the Customer for the supply of Services shall constitute a valid contract, signifying acceptance of the terms and conditions outlined herein.

3. Collection and Utilisation of Information

3.1 The Customer grants Digimark Limited permission to collect, retain, and utilise any information about the Customer for the purpose of evaluating the Customer's creditworthiness or enforcing any rights under this contract.

4. Price

4.1 In cases where a specific price is not stated in writing or agreed upon verbally, the Services and Goods shall be deemed supplied at the prevailing rate at the time of contract, excluding GST.

4.2 The price may be adjusted to account for any reasonable increases in the cost of supplying the Services and Goods beyond the control of Digimark Limited, between the contract date and the delivery of the Services and Goods.

5. Payment

5.1 Unless otherwise agreed in writing, invoices are due within 7 days of the invoice date.

5.2 In certain circumstances — including urgent work requests or time-sensitive projects — Digimark may require payment immediately upon completion. This will be communicated in advance.

5.3 Any invoice that remains unpaid 10 days after the invoice date will incur:

• a late payment fee of $20; and

• a weekly administration fee of $5 until the account is settled, unless otherwise agreed.

5.4 If an invoice remains unpaid for more than 30 days, Digimark reserves the right to suspend services — including website hosting and email hosting - until the account is brought up to date. Reinstatement may incur a reactivation fee.

5.5 The Customer is responsible for any reasonable costs incurred by Digimark in recovering overdue amounts, including legal or collection agency fees.

5.6 Project and optimisation services may require an upfront payment or deposit before work commences. The amount and payment schedule will be specified in the quotation, estimate or other written agreement for the work. Unless otherwise agreed, any remaining balance is payable on completion of the agreed work

6. Quotation

6.1 When Digimark Limited provides a quotation for Services and Goods:

6.1.1 Unless otherwise agreed, the quotation is valid for thirty (30) days from the date of issuance;

6.1.2 The quotation does not include goods and services tax unless explicitly stated otherwise;

6.1.3 Digimark Limited reserves the right to modify the quotation due to unforeseen circumstances beyond its control.

6.2 Additional costs for Services and Goods beyond the quoted amount are to be borne by the Customer.

7. Title and Security (Personal Property Securities Act 1999)

7.1 Ownership of any Services and Goods provided by Digimark Limited transfers to the Customer only upon full payment for all Services and Goods supplied and all outstanding sums owed by the Customer to Digimark Limited.

7.2 If Services and Goods are affixed, attached, or integrated into the Customer's property, the Customer agrees that Digimark Limited holds a security interest in that property as collateral until full payment is made.

7.3 Until full payment is received by Digimark Limited, the Customer acknowledges Digimark Limited's security interest in all Customer property where Services and Goods are attached or integrated and in all Services and Goods not fully paid for by the Customer.

7.4 Digimark Limited shall not be held liable for any costs, damages, expenses, or losses incurred by the Customer or any third party as a result of this action, nor liable in contract, tort, or otherwise, unless statutory provisions disallow such exclusion.

8. Liability

8.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may imply warranties, conditions, or impose obligations upon Digimark Limited that cannot be excluded or modified by law (or can only be limited to a certain extent by law). Digimark Limited's liability in respect to any such implied warranties, conditions, or terms shall, where permitted, be excluded, or if not possible to exclude, shall apply only to the minimum extent required by the relevant statute.

8.2 Except as specified in clause 9.1, Digimark Limited shall not be held liable for:

8.2.1 Any type of loss or damage arising from the provision of Services and Goods by Digimark Limited to the Customer, including consequential loss, whether experienced or incurred by the Customer or another party, whether in contract or tort (including negligence), or otherwise, and regardless of whether such loss or damage directly or indirectly stems from Services and Goods provided by Digimark Limited to the Customer; and

8.2.2 If, contrary to the liability disclaimer within these terms and conditions of trade, Digimark Limited is deemed liable to the Customer due to the provision of Services and Goods, then this liability is restricted in aggregate to $250.00.

8.3 Search, SEO, AI visibility and other digital marketing services are intended to improve a customer's online visibility and performance. Digimark does not guarantee specific search rankings, inclusion or prominence in AI-generated responses, website traffic, enquiries, sales or other commercial outcomes. Search engines, AI platforms and other third-party services are outside Digimark's control and may change their algorithms, systems and presentation of results at any time.

9. Cancellation of Services

9.1 To terminate any ongoing services, including but not limited to website or email hosting, the Customer must provide Digimark Limited with a minimum of one (1) month's written notice. This notice period allows for the orderly cessation of services and the transfer of any necessary data or resources. Failure to provide the required notice may result in additional charges equivalent to one month's service fee.

10. Security and Backups

10.1 We perform daily backups of all hosted websites and retain those backups for 30 days. For email accounts hosted on our servers, backups are performed daily and retained for up to 7 days. These backups are intended for disaster recovery purposes only.

10.2 While we take reasonable steps to maintain the security of our hosting environment, Digimark is not liable for any direct or indirect loss resulting from malware infections, hacking attempts, or similar security breaches affecting the Client's website or email services.

10.3 Clients who subscribe to the optional Site Scanner service benefit from regular automated scans and alerts for potential malware. However, this service does not provide guaranteed protection or malware removal. It is the Customer's responsibility to act on any alerts and take appropriate remedial action. Digimark is not liable for any damages, disruptions, or losses incurred due to malware, even when Site Scanner is active.

For enhanced protection, we recommend Customers maintain updated security plugins, regularly review alerts, and consider a full malware removal and hardening service if required.

11. Intellectual Property & Portfolio Use

11.1 Unless explicitly requested otherwise, Digimark Limited reserves the right to display completed work in our portfolio and promotional materials.