Terms of Service

These terms and conditions govern all use of the Digital Instyle website and all content, services and products available at or through the website (together, the “Website”). The Website is owned and operated by Digital Instyle (“Digital Instyle“, “we”, “us”, “our”). By accessing or using the Website, you agree to be bound by these terms, together with our Privacy Policy and any other policies we publish on the Website from time to time (collectively, the “Agreement”). If you do not agree to these terms, please do not use the Website or our services.

1. About us

Digital Instyle is a digital marketing and AI consulting agency based on Sydney’s Northern Beaches, NSW, Australia. We provide search engine optimisation, AI search visibility, AI consulting and implementation, and related digital marketing services to businesses (“Services”).

2. Use of the Website

You may use the Website for lawful purposes only. You must not use the Website in any way that is fraudulent or misleading, that infringes the rights of any third party, that introduces viruses, malware or other harmful code, or that attempts to gain unauthorised access to the Website, the server on which it is hosted, or any connected system. We may restrict or terminate your access to the Website at any time if we reasonably believe you have breached this Agreement.

3. Our Services

Descriptions of Services on the Website — including packages, inclusions and indicative pricing — are provided as general information and are an invitation to enquire, not a binding offer. All client engagements are governed by a separate proposal, service agreement or engagement confirmation (“Engagement Terms”) issued by Digital Instyle. If there is any inconsistency between these terms and your Engagement Terms, the Engagement Terms prevail for that engagement.

Pricing displayed on the Website is in Australian dollars and, unless stated otherwise, is exclusive of GST. Pricing, packages and inclusions may change at any time without notice; the pricing in your Engagement Terms is the pricing that applies to your engagement.

4. Payment

Fees for Services are payable as set out in your Engagement Terms. Unless agreed otherwise, recurring retainer fees are invoiced in advance and are payable by the due date shown on the invoice. Some Services carry a minimum engagement term, which will be stated in your Engagement Terms. We may change our payment terms or fees for ongoing Services by giving you at least thirty (30) days’ written notice. Except as required by law or as set out in your Engagement Terms, payments are not refundable. We may suspend Services where invoices remain unpaid after the due date.

5. Cancellation

Unless your Engagement Terms say otherwise, either party may cancel ongoing Services by giving thirty (30) days’ written notice, subject to any minimum engagement term. Fees for work performed, and for any committed third-party costs incurred on your behalf (such as advertising spend, software licences or subscriptions), remain payable.

6. Free tools and resources

The Website may include free tools, calculators, scorecards, audits and other resources. These are provided for general information only. Their outputs are estimates based on the information you supply and on third-party data sources, and should not be relied on as financial, legal or professional advice. We do not warrant the accuracy or completeness of any output produced by a free tool.

7. No guarantee of results

Search engines, AI assistants and advertising platforms are operated by third parties and change their algorithms, policies and features frequently and without notice. While we apply recognised best practice and work to achieve the best possible outcomes, we do not and cannot guarantee specific rankings, positions, AI visibility, traffic levels, lead volumes or revenue outcomes, and no communication from us should be read as such a guarantee.

8. Client content and materials

Where you provide us with content, images, logos, data, access credentials or other materials in connection with the Services (“Client Materials”), you warrant that you own or are licensed to use those materials and that our use of them as directed by you will not infringe the rights of any third party or breach any law. You grant us a non-exclusive licence to use Client Materials solely for the purpose of providing the Services. You are responsible for the accuracy of information you supply and for maintaining the security of any account credentials you share with us.

9. Intellectual property

This Agreement does not transfer to you any intellectual property owned by Digital Instyle or by third parties. The Digital Instyle name, logo, and all other trademarks, graphics, content, tools, methodologies and materials used on or in connection with the Website remain the property of Digital Instyle or its licensors. Your use of the Website grants you no right or licence to reproduce or otherwise use any Digital Instyle or third-party trademarks or materials. Ownership of deliverables produced under a client engagement is dealt with in your Engagement Terms.

10. Third-party websites and services

The Website may link to third-party websites, platforms and services, and the Services may involve third-party platforms (such as Google, Meta and AI or software providers). We do not control those third parties and are not responsible for their content, availability, terms or privacy practices. A link from the Website does not imply our endorsement. Your use of any third-party platform is subject to that platform’s own terms.

11. Copyright complaints

We respect the intellectual property rights of others. If you believe material on or linked to by the Website infringes your copyright, please contact us with details of the material and your claim, and we will investigate and, where appropriate, remove or disable access to the material.

12. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

13. Disclaimer of warranties

Subject to clause 12, the Website is provided “as is” and “as available”. To the maximum extent permitted by law, Digital Instyle and its suppliers and licensors disclaim all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and do not warrant that the Website will be error-free or that access to it will be continuous or uninterrupted. You obtain content or services through the Website at your own discretion and risk.

14. Limitation of liability

Subject to clause 12 and to the maximum extent permitted by law: (i) Digital Instyle will not be liable for any special, indirect, incidental or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity arising out of or in connection with this Agreement or the Services; and (ii) the total aggregate liability of Digital Instyle arising out of or in connection with this Agreement or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees paid by you to Digital Instyle in the twelve (12) months prior to the event giving rise to the claim. Where liability cannot be excluded but can be limited, our liability is limited, at our election, to resupplying the relevant Services or paying the cost of having them resupplied. We are not liable for any failure or delay caused by matters beyond our reasonable control.

15. Indemnification

You agree to indemnify and hold harmless Digital Instyle, its contractors and licensors, and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable legal fees, arising out of your use of the Website or your breach of this Agreement, except to the extent caused by our negligence or breach.

16. Termination

We may suspend or terminate your access to all or part of the Website at any time, with or without cause or notice. Termination of a client engagement is governed by your Engagement Terms and clause 5. All provisions of this Agreement which by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.

17. Changes to these terms

We may modify or replace any part of this Agreement at our discretion by posting an updated version on this page. It is your responsibility to check this page periodically. Your continued use of the Website after changes are posted constitutes acceptance of those changes. Changes do not apply retrospectively to Engagement Terms already agreed.

18. General

This Agreement, together with your Engagement Terms and our Privacy Policy, constitutes the entire agreement between you and Digital Instyle concerning its subject matter. This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remainder will continue in full force. A waiver of any term or breach on one occasion is not a waiver of that term or of any later breach. You may not assign your rights under this Agreement without our written consent; we may assign our rights without condition.

Questions about these terms? Contact us or call 048 885 2060.