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Terms and Conditions

Effective date: 30/12/2025

These Terms and Conditions (“Terms”) govern your access to and use of the website https://krakendigital.com.au (“Website”) and the services provided by Kraken Digital (“we”, “us”, “our”).

By accessing this Website or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use the Website or our services.

1. Services

Kraken Digital provides digital marketing and web-related services, including but not limited to:

  • Website design and development

  • Search engine optimisation (SEO)

  • Google Ads management

  • Social media management and advertising

Specific deliverables, timelines, pricing, and scope of work will be outlined in a separate proposal, service agreement, or written communication agreed to by both parties.

2. Use of the Website

You agree to use this Website lawfully and not to:

  • Breach any applicable laws or regulations;

  • Attempt to gain unauthorised access to the Website, servers, or systems;

  • Interfere with the security or performance of the Website;

  • Use the Website in a way that may cause harm, disruption, or reputational damage to Kraken Digital or others.

We reserve the right to suspend or terminate access to the Website at our discretion if misuse occurs.

3. Intellectual Property

Unless otherwise stated:

  • All content on this Website (including text, graphics, logos, designs, and code) is owned by or licensed to Kraken Digital; and

  • You may view and use the Website content for personal or internal business purposes only.

You must not copy, reproduce, modify, distribute, or commercialise any Website content without prior written permission.

For client work:

  • Ownership of intellectual property created as part of paid services will be governed by the applicable service agreement or proposal.

  • Kraken Digital reserves the right to showcase completed work in portfolios or marketing materials unless otherwise agreed in writing.

4. Client Responsibilities

When engaging our services, you agree to:

  • Provide accurate, complete, and timely information required to deliver the services;

  • Ensure you have the necessary rights, licences, and permissions for any content, data, or materials you provide;

  • Review deliverables promptly and provide feedback within agreed timeframes.

Delays caused by incomplete or late client input may impact timelines and are not the responsibility of Kraken Digital.

5. Fees and Payment

  • Fees are as set out in the agreed proposal, invoice, or service agreement.

  • All prices are in Australian dollars unless otherwise stated.

  • Payment terms, including due dates and late payment consequences, will be specified in writing.

We reserve the right to suspend services if payments are overdue.

6. Third-Party Platforms and Services

Our services may involve third-party platforms such as Google, Meta (Facebook/Instagram), hosting providers, or other software tools.

You acknowledge that:

  • We do not control these third-party platforms;

  • Their services are subject to their own terms and policies; and

  • We are not responsible for outages, policy changes, account suspensions, or actions taken by third parties.

7. No Guarantee of Results

While we apply professional skill, care, and industry best practice:

  • We do not guarantee specific outcomes, rankings, traffic levels, sales, or advertising performance;

  • Search engines, advertising platforms, and social media algorithms are outside our control and may change without notice.

Any performance estimates are indicative only and not guarantees.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Kraken Digital is not liable for any indirect, incidental, special, or consequential loss, including loss of profits, revenue, data, or business opportunity;

  • Our total liability for any claim relating to our Website or services is limited to the amount paid by you for the relevant services giving rise to the claim.

Nothing in these Terms excludes any rights or remedies that cannot be excluded under the Australian Consumer Law.

9. Indemnity

You agree to indemnify and hold harmless Kraken Digital from any claims, losses, damages, or expenses arising from:

  • Your breach of these Terms;

  • Content or materials you provide that infringe third-party rights; or

  • Your misuse of the Website or services.

10. Privacy

Your use of this Website and our services is subject to our Privacy Policy, which explains how we collect, use, and protect personal information.

11. Termination

We may terminate or suspend access to the Website or services:

  • If you breach these Terms;

  • If required by law; or

  • In accordance with any service agreement in place.

Termination does not affect accrued rights or obligations.

12. Governing Law

These Terms are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.

13. Changes to These Terms

We may update these Terms from time to time. The latest version will be published on this Website and will take effect from the updated effective date.

14. Contact Details

For questions about these Terms, please contact us using the link below.

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