Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by Smash It Marketing (ABN: 93 140 139 055), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These terms apply to all our services including Creative Packs (AI-generated marketing images), AdWords management, and related digital marketing services.

2. Definitions

• “We”, “Us”, “Our” refers to Smash It Marketing (ABN: 93 140 139 055)
• “You”, “Your” refers to the customer or user of our services
• “Creative Packs” refers to our AI-generated marketing image packages
• “Deliverables” refers to the images and digital files we provide to you

3. Services Provided

Smash It Marketing provides:

• Creative Packs: AI-generated marketing images customised to your business and brand
• AdWords Management: Google Ads campaign management and optimisation
• AI Consultancy: Strategic advice on AI implementation for marketing
• Digital Marketing Services: Related marketing and advertising services

4.1 Product Description

Creative Packs are packages of AI-generated marketing images created specifically for your business. Images are generated using artificial intelligence based on the information you provide in our intake form.

4.2 Order Process

1. Purchase: Select your package and complete payment via Stripe
2. Intake Form: Complete the onboarding questionnaire with your business details and preferences
3. Generation: We create your customised images using AI technology
4. Delivery: Images are delivered electronically (typically within 3-5 business days)

4.3 AI-Generated Content Disclaimer

Important: All images in Creative Packs are generated using artificial intelligence (Google Gemini Imagen). By purchasing, you acknowledge and accept that:

• Images are AI-generated, not created by human designers or photographers
• AI generation may occasionally produce unexpected or imperfect results
• While we review all images for quality, minor variations may occur
• Images should not be used to deceive or misrepresent (e.g., claiming they are real photographs when they are not)

4.4 Licence and Usage Rights

Upon delivery and full payment, you receive:

• Commercial Licence: Full rights to use images for your business marketing purposes
• Permitted Uses: Social media, advertising, website, email marketing, print materials, presentations
• Ownership: You own the final delivered images for your business use
• No Resale: You may not resell, redistribute, or sublicense the images to third parties
• No Template Use: Images may not be used in templates or products sold to others

4.5 Revisions and Changes

Revision policies depend on your package:

• Starter Pack: One round of revisions included
• Pro Pack: Two rounds of revisions included
• Ultimate Pack: Unlimited revisions until you're satisfied

Revisions must be requested within 14 days of delivery. Major concept changes (beyond the original brief) may incur additional charges.

4.6 Delivery

• Images are delivered electronically via secure download link or email
• Typical delivery: 3-5 business days from intake form completion
• Files are provided in high-resolution formats suitable for web and print use
• Download links remain active for 30 days

5. Refund Policy

5.1 Creative Packs Refunds

Due to the custom, digital nature of Creative Packs:

• Before Work Begins: Full refund if requested before you complete the intake form
• After Intake Form Submitted: 50% refund if requested before images are delivered
• After Delivery: No refunds once images have been delivered, as the digital product has been provided

This policy does not affect your statutory rights under Australian Consumer Law. If the product has a major failure, you are entitled to a refund.

5.2 What Constitutes a Major Failure

Under Australian Consumer Law, a major failure for digital products includes:

• The product is significantly different from its description
• The product does not do what we said it would
• The product has a defect that would have stopped you from buying it if you had known about it

5.3 AdWords Management Refunds

For ongoing services, prepaid fees for unused service periods will be refunded upon termination in accordance with Section 11.

6. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with digital products, you are entitled to:

• A refund; or
• Replacement of the product

For minor failures, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund.

Nothing in these terms limits, excludes or modifies any consumer guarantees, rights or remedies you have under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.

7. Use of Website and Services

You agree to use our website and services only for lawful purposes. Prohibited behaviour includes:

• Using our services for illegal, harmful, or fraudulent purposes
• Misrepresenting AI-generated images as real photographs in deceptive ways
• Attempting to gain unauthorised access to our systems
• Infringing on the rights of others

8. AdWords Management Services

8.1 Service Agreement

AdWords management services are provided on a month-to-month basis unless otherwise specified. We require access to your Google Ads account to provide these services.

8.2 Performance Disclaimer

While we strive to improve your advertising performance, we cannot guarantee specific results. Performance depends on various factors including market conditions, competition, budget, and industry.

8.3 Account Ownership

You retain full ownership of your Google Ads account and data. We require admin access to manage campaigns but you maintain complete control.

9. Payment Terms

9.1 Creative Packs

• Full payment is required at time of purchase
• Payments are processed securely via Stripe
• Prices are in Australian Dollars (AUD) unless otherwise stated
• GST is included in all prices for Australian customers

9.2 AdWords Management

• Fees are payable monthly in advance as per your service agreement
• Late payments may result in service suspension
• You are responsible for all advertising costs (ad spend) in addition to management fees

10. Intellectual Property

10.1 Our IP

All content on this website, including software, text, graphics, and designs, are the property of or licensed to Smash It Marketing and are protected by Australian and international copyright laws.

10.2 Your IP

You retain ownership of any logos, brand assets, or content you provide to us. By submitting this content, you grant us a licence to use it solely for the purpose of delivering your services.

10.3 Delivered Images

Upon full payment and delivery, you receive ownership and commercial usage rights to your Creative Pack images as described in Section 4.4.

11. Termination

11.1 Creative Packs

Creative Pack orders are one-time purchases. The agreement concludes upon delivery of images (subject to revision periods).

11.2 AdWords Management

Either party may terminate ongoing services with 30 days written notice. Upon termination:

• You retain all account access and ownership
• We will provide a final report of campaign status
• Prepaid fees for unused services will be refunded

12. Limitation of Liability

To the maximum extent permitted by law (and subject to Section 6 regarding Australian Consumer Law), Smash It Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services.

Our total liability for any claim arising from Creative Packs is limited to the amount you paid for that specific order.

13. Confidentiality

We treat all client information as confidential and will not disclose your business information to third parties without your explicit consent, except as required by law or to deliver our services.

14. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet outages, or AI service provider issues.

15. Governing Law and Disputes

These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be resolved as follows:

1. Negotiation: The parties will first attempt to resolve any dispute through good faith negotiation
2. Mediation: If negotiation fails, the parties agree to attempt mediation
3. Courts: If mediation fails, disputes will be resolved in the courts of Western Australia

16. Changes to Terms

We reserve the right to modify these terms at any time. Material changes will be notified via email or our website. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

17. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms remain in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and Smash It Marketing regarding the use of our services.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: