Terms & Conditions
Please read these Terms and Conditions carefully before engaging our services or using our website. By submitting an enquiry, signing an engagement agreement, or accessing our services, you agree to be bound by these terms.
1. Acceptance of Terms
These Terms and Conditions (“Terms”) govern the relationship between Sellevate Pty Ltd (ABN 60 690 473 217) (“Sellevate”, “we”, “our”, “us”) and any person or entity (“Client”, “you”, “your”) who engages our services or accesses our website at sellevate.com.au.
These Terms apply alongside any specific service agreement, proposal, or statement of work (“SOW”) issued to you. In the event of any conflict, the terms in a signed SOW will take precedence.
If you do not agree to these Terms, please do not use our website or engage our services.
2. Services
2.1 Scope of Services
Sellevate provides e-commerce growth and digital marketing services including, but not limited to: Amazon management, Shopify development and growth, paid advertising (Meta, Google, TikTok, Amazon), SEO, UGC content production, branding and identity, social media management, influencer campaigns, conversion rate optimisation, and website development.
2.2 Service Agreements
Specific services, deliverables, timelines, and fees are agreed in writing through a proposal or SOW signed by both parties. No work commences until a written agreement is executed.
2.3 Third-Party Platforms
Certain services require access to third-party platforms (e.g. Amazon Seller Central, Shopify, Meta Business Manager). You grant Sellevate the necessary access to deliver the agreed services. Sellevate is not responsible for changes to, downtime of, or policy updates from third-party platforms.
2.4 Subcontractors
Sellevate may engage qualified subcontractors (including UGC creators, photographers, and specialist consultants) to deliver services. Sellevate remains responsible for the quality of deliverables provided by subcontractors under our direction.
3. Client Obligations
To enable Sellevate to deliver services effectively, you agree to:
- Provide accurate, timely, and complete information and access as reasonably required
- Grant necessary platform access (e.g. admin credentials, ad account access) within agreed onboarding timelines
- Review and approve deliverables within agreed timeframes. Failure to provide timely feedback may delay project milestones without liability to Sellevate
- Ensure that all materials, content, or assets you provide do not infringe any third-party intellectual property rights
- Pay invoices on time in accordance with agreed payment terms
- Comply with all applicable laws and platform terms of service in connection with your business
4. Fees & Payment
4.1 Fee Structure
Fees are set out in each engagement agreement or SOW. Sellevate offers monthly retainers, project-based pricing, and performance-based arrangements as agreed with each client individually.
4.2 Invoicing
Invoices are issued in Australian Dollars (AUD) unless otherwise agreed. Payment is due within 14 days of invoice date unless specified otherwise in the SOW.
4.3 Late Payment
Invoices not paid within the payment period may incur a late payment fee of 1.5% per month on the outstanding balance. Sellevate reserves the right to suspend services for accounts overdue by more than 30 days.
4.4 GST
All fees are exclusive of GST unless stated otherwise. Where GST applies, it will be added to invoices at the prevailing rate.
4.5 Ad Spend
Advertising spend (media budget) is billed separately and paid directly to the respective advertising platforms by the client. Sellevate fees cover management, strategy, and creative services only unless otherwise specified.
4.6 Refunds
Fees paid for services already rendered are non-refundable. Disputes must be raised within 14 days of invoice receipt.
5. Intellectual Property
5.1 Deliverables
Upon receipt of full payment for the relevant services, intellectual property rights in deliverables created specifically for you (e.g. website designs, brand assets, custom creative) are assigned to you.
5.2 Sellevate IP
Sellevate retains ownership of all methodologies, processes, frameworks, tools, templates, and pre-existing intellectual property used in delivering services. A licence to use these as part of the agreed deliverables may be granted but does not constitute a transfer of ownership.
5.3 Portfolio Use
Unless you expressly request otherwise in writing, Sellevate reserves the right to feature your brand, website, and results in our portfolio, case studies, social media, and marketing materials. This includes before/after creative examples and performance metrics (which may be anonymised on request).
5.4 Client Materials
You grant Sellevate a non-exclusive, royalty-free licence to use your brand assets, content, and materials solely for the purpose of delivering the agreed services.
6. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the services (“Confidential Information”). Neither party will disclose Confidential Information to third parties without prior written consent, except as required by law.
This obligation survives termination of any engagement for a period of two (2) years.
7. Warranties & Disclaimers
7.1 Our Warranties
Sellevate warrants that services will be delivered with reasonable care, skill, and diligence by qualified professionals, and that deliverables will substantially conform to the agreed scope.
7.2 No Results Guarantee
Important: Sellevate does not guarantee specific revenue outcomes, ROAS, follower counts, search rankings, or any other performance metric. Digital marketing results depend on numerous factors outside our control, including market conditions, platform algorithms, competition, and client-side variables. Historical case study results are illustrative and not a guarantee of future performance.
7.3 Platform Dependency
Our services may depend on third-party platforms (Amazon, Meta, Google, Shopify, TikTok, etc.). Sellevate is not liable for changes to platform policies, algorithm updates, account suspensions by platforms, or service outages beyond our control.
7.4 Website Disclaimer
The information on our website is provided for general informational purposes only. It does not constitute professional advice. We make no warranty that the website will be uninterrupted, error-free, or free from viruses.
8. Limitation of Liability
To the maximum extent permitted by law:
- Sellevate’s total liability for any claim arising from a service engagement is limited to the total fees paid by you to Sellevate in the three (3) months preceding the event giving rise to the claim.
- Sellevate is not liable for indirect, special, consequential, punitive, or incidental damages, including loss of profit, loss of revenue, loss of data, or damage to reputation, even if advised of the possibility of such damages.
Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be lawfully excluded under Australian Consumer Law.
You acknowledge that the fees charged by Sellevate reflect this allocation of risk.
9. Termination
9.1 Termination for Convenience
Either party may terminate an ongoing retainer engagement by providing 30 days’ written notice. Project-based engagements may only be terminated prior to completion as specified in the SOW.
9.2 Termination for Cause
Sellevate may terminate an engagement immediately and without notice if:
- You are in material breach of these Terms or the SOW and fail to remedy the breach within 10 business days of written notice
- You fail to pay invoices overdue by more than 30 days
- You engage in conduct that is unlawful, abusive, or otherwise unacceptable
9.3 Effect of Termination
Upon termination, you will pay all outstanding fees for services rendered to the termination date. Sellevate will provide reasonable transition assistance to minimise disruption to your business.
10. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
The parties agree to attempt to resolve disputes in good faith through direct negotiation before commencing legal proceedings. Where negotiation fails, the parties agree to attempt mediation before litigation.
11. Website Use
By using sellevate.com.au you agree that you will not:
- Use the website for any unlawful purpose
- Attempt to gain unauthorised access to any part of the website or its systems
- Use automated tools to scrape, crawl, or copy our content without permission
- Transmit any harmful, offensive, or unsolicited content
We reserve the right to restrict or terminate access to our website at our discretion.
12. Changes to These Terms
Sellevate reserves the right to update these Terms at any time. Material changes will be communicated via the website or direct notification. Continued use of our services following any update constitutes acceptance of the revised Terms.
13. Contact
For questions about these Terms, please contact us:
Sellevate Pty Ltd
ABN: 60 690 473 217
Geelong, VIC, Australia
Email: info@sellevate.com.au
Phone: +61 493 290 352