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Who We Are
Smartwave Group is a subscription-based creative and marketing agency providing services including, but not limited to: pump and station signage, café and menu design, digital and social media advertising, website design and development, email marketing, brand guideline development, and presentation design — primarily for fuel retail and convenience store operators.
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Our Services
- Services are provided on a subscription basis, with plans, inclusions, turnaround times, and pricing as agreed at the time of sign-up or as published on the Site from time to time.
- Standard turnaround for design requests is up to 48 hours, unless otherwise agreed for complex projects (e.g., full website builds, brand systems).
- "Unlimited requests" means unlimited design/marketing requests may be submitted within your plan, queued and delivered one at a time (or as otherwise specified in your plan), subject to fair use. We reserve the right to reasonably limit or clarify scope where requests fall outside typical agency design/marketing work.
- Subscriptions can be paused, upgraded, downgraded, or cancelled in accordance with Section 5 below.
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Client Responsibilities
You agree to
- Provide accurate, complete, and timely information, briefs, and assets needed to complete your requests
- Ensure you have the rights to any content, logos, images, or trademarks you provide to us for use in your projects
- Review and approve deliverables within a reasonable timeframe
- Use deliverables in accordance with any applicable brand, franchise, or regulatory guidelines relevant to your industry (e.g., fuel signage compliance, advertising standards)yer or successor, in the event of a merger, acquisition, or sale of business assets
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Fees and Payment
- Subscription fees are billed in advance on a recurring basis (monthly or as otherwise agreed) via your chosen payment method.
- All fees are quoted exclusive of GST/applicable taxes unless stated otherwise.
- Failure to pay fees when due may result in suspension of services until payment is received.
- Except where required by law or expressly stated in a specific offer, fees already paid are non-refundable.
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Term, Pausing, and Cancellation
- Subscriptions continue on a rolling basis until paused or cancelled by you, or terminated by us in accordance with these Terms.
- You may pause or cancel your subscription at any time by providing written notice (email) to hello@smartwavegroup.com.au. Pausing/cancellation will take effect at the end of the current billing cycle unless otherwise agreed.
- We reserve the right to suspend or terminate services immediately for non-payment, breach of these Terms, misuse of our team, or unlawful use of our services.
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Intellectual Property
- Your existing IP You retain ownership of any pre-existing logos, trademarks, copy, or brand assets you provide to us.
- Work we create Upon full payment of applicable fees, ownership of final, approved deliverables created specifically for you transfers to you, unless otherwise agreed in writing for specific projects.
- Our tools and methods Smartwave retains ownership of our internal templates, frameworks, processes, and any pre-existing intellectual property used to deliver our services.
- Portfolio use Unless you request otherwise in writing, we may showcase completed work in our portfolio, case studies, and marketing materials.
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Revisions and Approvals
Revisions are included as part of your subscription plan, subject to fair and reasonable use. Once a deliverable is approved by you (or deemed approved after a reasonable review period with no feedback), Smartwave is not responsible for errors, omissions, or issues that could reasonably have been identified during that review period.
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Disclaimers and Limitation of Liability
- Services are provided on an "as is" and "as available" basis. While we strive for quality and accuracy, we do not guarantee specific business outcomes, sales results, or marketing performance from any campaign, design, or content we produce.
- To the maximum extent permitted by law, Smartwave's total liability arising from or related to these Terms or our services is limited to the amount you paid us in the three (3) months preceding the claim.
- We are not liable for indirect, incidental, or consequential losses, including loss of profits, revenue, or data.
- Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
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Confidentiality
Each party agrees to keep confidential any non-public business, financial, or strategic information disclosed by the other party in connection with the services, except where disclosure is required by law.
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Third-Party Tools and Platforms
Where services involve third-party platforms (e.g., social media ad platforms, scheduling tools, website hosts, email marketing software), your use of those platforms is also subject to their own terms and policies, which we encourage you to review.
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Governing Law
These Terms are governed by the laws of Australia. Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts of Australia, unless otherwise required by local law in the jurisdiction where a specific service is delivered (e.g., UAE or India engagements).
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Changes to These Terms
We may update these Terms from time to time. Continued use of the Site or our services after changes are posted constitutes acceptance of the updated Terms.
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Contact Us
Smartwave Group Email: hello@smartwavegroup.com.au Phone: +61 449 876 911
