Trading Terms & Conditions
The important part of how we work together
We know terms and conditions are not the most exciting reading, so here are the key points we think are most important to understand before we start working together.
- Standard payment terms are 7 days from invoice date. Clients may apply for an approved 30-day account.
- Work expected to exceed $800+GST will generally be quoted before commencement and may require progress payments for projects over longer periods.
- Quotations are valid for 30 days unless otherwise stated.
- All projects include 1 round of revisions unless otherwise stated. Additional revisions are subject to a minimum charge of 30 minutes. Complex, structural or extensive content changes may need to be quoted separately.
- TMA does not provide general IT support or advanced training unless specifically quoted. We can recommend providers if required.
- TMA works primarily remotely. Face-to-face or frequent meetings may incur additional charges.
- Cancellation of ongoing services requires 60 days' notice.
- New websites include a three-month warranty for faults arising from the original development.
- We recommend monthly maintenance for WordPress websites. If maintenance is declined, ongoing updates, security and maintenance become the client's responsibility.
- Where a client uses their own hosting provider, hosting-related troubleshooting may be chargeable.
- Third-party services and software are outside our control, including changes affecting Google search rankings, WordPress, plugins and other platforms. We do our best to minimise disruption and help resolve issues, but cannot guarantee rankings, availability or ongoing compatibility.
- Printing and delivery timeframes are estimates. Courier and freight delays may affect delivery dates.
The full terms below provide more detail and form part of our agreement with you.
Full Trading Terms & Conditions
Thomas Marsden Advertising Pty Ltd
ABN 49 001 784 836
ACN 001 784 836
These terms apply to services supplied by Thomas Marsden Advertising Pty Ltd, referred to below as TMA, unless otherwise agreed in writing.
1. Acceptance of Terms
By accepting a quotation, approving work, paying a deposit, creating a client account or instructing TMA to commence work, the client accepts these Trading Terms & Conditions.
Where a quotation or written agreement contains specific terms that differ from these general terms, the quotation or agreement will take precedence.
2. Client Accounts and Contacts
Clients may be provided with access to the TMA Client Centre for quotations, jobs, invoices and account information.
Each client should nominate a primary account contact. Unless otherwise advised in writing, TMA may also accept reasonable work requests, instructions and approvals from other employees or representatives who appear authorised to act on behalf of the client.
If the client wishes to restrict who may request or approve work, TMA should be advised in writing.
TMA works primarily remotely. Face-to-face or frequent meetings may incur additional charges.
Work requested by an authorised employee or representative may be charged to the client's account.
3. Quotations, Price List and Pricing
All prices are exclusive of GST unless otherwise stated.
Quotations are valid for 30 days and are based on the information and requirements available at the time they are prepared.
Work expected to exceed $800+GST will generally be quoted before commencement and may require progress payments for projects over longer periods. Smaller tasks may be undertaken at TMA's current hourly rate or in accordance with TMA's current price list.
TMA may maintain a standard price list for common services. Where a specific quotation has been issued, the quotation takes precedence.
Pricing and hourly rates may be updated from time to time. Accepted quotations will not be affected by later price changes unless the agreed scope changes.
4. Scope and Additional Work
The agreed scope of work is defined by the applicable quotation, brief or written instructions.
Additional work, changes to the agreed scope, additional functionality or work not reasonably included in the original requirements may be charged separately.
Where practical, TMA will advise the client before undertaking significant additional work.
5. Revisions
Unless otherwise stated in the quotation, projects include one round of client revisions.
Some projects, such as brochures, reports or larger publications, may include a greater revision allowance where specifically stated in the quotation.
A revision round means one consolidated set of reasonable changes within the agreed scope.
Additional revision rounds, piecemeal changes, changes to previously approved work or changes outside the original scope may be charged at TMA's current hourly rate.
Chargeable revision work is subject to a minimum charge of 30 minutes.
Complex, structural or extensive content changes may need to be quoted separately.
Corrections required as a result of an error by TMA are not counted as client revisions.
6. Client Responsibilities and Approvals
Clients are responsible for providing accurate content, instructions, access details and approvals required to complete the work.
Project timeframes may be affected where information, content or approvals are delayed.
Clients are responsible for checking artwork, copy, website content, specifications and other materials submitted for approval. Once work has been approved, TMA may proceed on the basis that it has been checked and accepted.
Changes requested after approval may incur additional costs.
7. Project Timing
Project and delivery dates are estimates unless specifically agreed as fixed deadlines.
TMA will make reasonable efforts to meet agreed timeframes but is not responsible for delays caused by client approvals, suppliers, third-party services or circumstances outside its reasonable control.
Clients should advise TMA before commencement where a deadline is critical.
8. Payment Terms
The standard payment term for new clients is 7 days from invoice date.
Clients may apply for an approved 30-day account. Approval is at TMA's discretion and may be reviewed if payment terms are regularly exceeded.
Deposits or progress payments may be required for larger projects, third-party costs or where stated in the quotation.
TMA may issue progress invoices for work completed on longer-running projects.
Where an invoice becomes overdue, TMA may pause further work or ongoing services after reasonable notice until the account is brought up to date.
9. Cancellation
A client may cancel a project by providing written notice.
Cancellation of ongoing services requires 60 days' written notice.
Where work has commenced, the client will be responsible for work completed up to the date of cancellation and for third-party costs or commitments that cannot reasonably be cancelled.
Any deposit paid may be applied towards these amounts.
10. After-Hours and Urgent Work
Work requested outside normal business hours, on weekends or public holidays, or requiring urgent priority may be charged at a higher rate.
Where practical, TMA will advise the client of additional charges before this work is undertaken.
11. Graphic Design and Artwork
Clients are responsible for checking and approving final artwork before production.
Printed colours and finishes may vary from screen displays and between different printing processes or production runs.
Where a client uses an external printer, TMA recommends obtaining and approving a separate printer's proof before full production, particularly where colour, finishing, trimming or other production details are important.
If a printer's proof is not obtained, TMA cannot be responsible for reasonable production differences introduced by the external printer.
12. Printing and Delivery
TMA provides printing and print production services using professional production suppliers where appropriate.
Production and delivery timeframes are estimates and may vary depending on stock availability, finishing requirements, production capacity and other factors.
Courier and freight delivery times are additional to production time and are outside TMA's direct control.
Clients should advise TMA of critical delivery deadlines before ordering.
TMA is not responsible for delays caused by couriers, freight providers or other circumstances outside its reasonable control.
Once printing has entered production, cancellation or changes may not be possible and costs already incurred will remain payable.
Normal commercial printing tolerances may apply.
13. Website Development
New websites developed solely by TMA include a three-month warranty from the date the website is made live.
During this period, faults arising from TMA's original development will be corrected at no additional charge.
The warranty does not include new features, content changes, changes made by other parties, third-party software issues, hosting problems outside TMA's control, security incidents, or issues arising from later software or platform changes.
After the warranty period, investigation, repairs and development may be charged at TMA's current rates.
The development warranty is not a substitute for ongoing website maintenance.
14. Client-Managed Hosting
Where a client uses their own hosting provider, the client is responsible for the suitability and ongoing operation of that hosting environment.
If TMA is required to investigate or resolve issues caused by or related to client-managed hosting, additional charges may apply.
This may include matters such as server configuration, DNS, email, SSL, performance, security, backups or other hosting-related issues.
Hosting-related troubleshooting may be chargeable even where the website itself remains within its development warranty period.
15. Website Maintenance
TMA recommends ongoing monthly maintenance for WordPress websites to keep software reasonably current and reduce the risk of security, compatibility and performance problems.
The exact inclusions of a maintenance service are defined by the relevant quotation or maintenance plan.
Website maintenance is intended to reduce risk but does not guarantee that a website will never experience an outage, software conflict or security incident.
If a client chooses not to use TMA's maintenance service, responsibility for arranging appropriate updates, backups, security and ongoing maintenance rests with the client.
TMA is not responsible for problems resulting from a website not being appropriately maintained.
If TMA is later asked to repair or update an unmaintained website, this work may be charged separately.
16. IT Support and Advanced Training
TMA provides advertising, design, digital, website and related professional services.
General IT support and advanced training are not included unless specifically quoted. TMA can recommend providers if required.
This includes troubleshooting unrelated business IT systems, as well as training in specialist software, advertising systems, coding, design tools or other professional platforms.
Reasonable project handover instructions may be provided where appropriate, but this does not constitute general or advanced training.
17. Third-Party Software and Services
TMA's work may rely on third-party software, hosting providers, plugins, APIs, advertising platforms and other external services.
TMA cannot guarantee the ongoing availability, pricing, compatibility or performance of third-party services and is not responsible for outages, changes or restrictions outside its reasonable control.
Third-party licence, subscription and usage fees are the client's responsibility unless specifically included in the quotation.
18. Digital Advertising, SEO and Marketing
Advertising, SEO and other digital marketing services do not guarantee particular rankings, traffic levels, enquiries, sales or other commercial results.
Performance may be affected by market conditions, competitors, budgets, customer behaviour and changes made by search engines, advertising platforms and other third parties.
Advertising expenditure paid directly to third-party platforms is separate from TMA's management fees unless otherwise stated.
19. Artificial Intelligence
TMA may use artificial intelligence and AI-assisted tools as part of its creative, technical and production processes.
Where generative AI is materially used to create imagery or other significant final client-facing content, TMA will advise the client.
AI-generated content may be subject to evolving legal, licensing and intellectual property considerations and may not always be capable of exclusive ownership or protection.
20. Intellectual Property
Clients retain ownership of material they supply to TMA.
Unless otherwise agreed, TMA retains ownership of working files, preliminary concepts, templates, production methods, reusable code and other underlying production materials.
Following full payment, the client may use the final approved work for the purpose for which it was commissioned.
Source files and editable working files are not automatically included unless specifically agreed.
Third-party material remains subject to the licence terms of its respective owner.
21. Client-Supplied Material
The client is responsible for ensuring it has the right to use any text, photographs, logos, trademarks, video or other material supplied to TMA.
The client is also responsible for the accuracy and legality of material it supplies for publication.
22. Portfolio Use
Unless otherwise agreed, TMA may display publicly released work in its portfolio, website, social media and promotional material.
TMA will respect reasonable confidentiality requirements advised before publication.
23. Confidentiality and Privacy
TMA will take reasonable steps to protect confidential client information and will only disclose it where reasonably required to provide services, where authorised, or where required by law.
Personal information is handled in accordance with TMA's Privacy Policy.
24. Archived Files
TMA generally retains active project files for approximately 12 months after completion and aims to retain archived material for up to five years.
Permanent storage cannot be guaranteed and archive retrieval or recreation may incur a charge.
Clients should retain their own copies of important final files.
25. Liability
TMA will provide its services with reasonable care and skill.
Nothing in these terms excludes rights or remedies that cannot legally be excluded, including applicable rights under the Australian Consumer Law.
To the extent permitted by law, TMA is not responsible for indirect or consequential losses caused by circumstances outside its reasonable control.
26. Events Outside Our Control
TMA is not responsible for delays or failures caused by circumstances outside its reasonable control, including supplier delays, platform outages, hosting failures, internet interruptions, courier delays, cyber incidents or similar events.
TMA will make reasonable efforts to minimise disruption where possible.
27. Governing Law
These terms are governed by the laws of New South Wales, Australia.
If any part of these terms is found to be invalid or unenforceable, the remaining terms will continue to apply.
28. Updates to These Terms
TMA may update these terms from time to time.
Updated terms apply to new quotations and new work accepted after publication. They do not retrospectively change the agreed terms of existing quoted work unless agreed by both parties.
29. Contact
Thomas Marsden Advertising Pty Ltd
95b Station Street
Penrith NSW 2750
Australia
Email: team@thomasmarsden.com.au
Privacy Policy
At Thomas Marsden Advertising Pty Ltd, we take a great deal of care when we handle your personal information and we do so in line with the 13 Australian Privacy Principles (APPs) that can be found at the OAIC website (www.oaic.gov.au).
Thomas Marsden Advertising Pty Ltd has developed a simplified and extended policy to help you better understand how your data is stored and used by us, as well as the purpose for which it is used and why. This simplified version will give you a quick snapshot, or if you're up for a thorough read, please view our extended Privacy Policy further below.
This Privacy Policy applies to personal information collected by Thomas Marsden Advertising Pty Ltd (www.thomasmarsden.com.au).
What does Personal Information mean?
Personal information is information that may identify you or by which your identity may be reasonably determined. Such personal information may include your name, address, other contact details, your date of birth, or any other information that may be provided by you in order to access or make use of our services at www.thomasmarsden.com.au. In this privacy policy, 'personal information' has the same meaning as defined by section 6 of the Privacy Act 1988 ('Privacy Act').
How is my Personal Information Collected?
The main way we collect personal information is through you directly or through your authorised representative. That is, when you visit us at www.thomasmarsden.com.au and submit your personal information or request your personal information to be used (i.e. by subscribing to an email newsletter or filling out a contact form).
We sometimes collect personal information from a third party or from a publicly available source, but only if:
• you have consented to such collection or would reasonably expect us to collect your personal information in this way, or
• if it is necessary for a specific purpose such as the investigation of a privacy complaint.
Your personal information may be collected through the following services that are used on our website:
• User contact forms
• Mailing list
• Cookies & Analytics
• Social Network widgets and buttons (Pinterest, Twitter etc)
We only collect personal information for purposes which are directly related to our functions or activities under the Privacy Act, the Freedom of Information Act 1982 (FOI Act), and only when it is necessary for or directly related to such purposes.
How do you use my Personal Information?
We only use personal information for the purposes of which we collected have it – purposes which are directly related to one of our functions or activities that on the whole create a better user experience for you at www.thomasmarsden.com.au.
We do not give personal information about an individual to any government agencies, private sector organisations or anyone else unless one of the following applies:
• you have consented
• you would reasonably expect, or have told us, that information of this kind is usually passed to those individuals, bodies or agencies
• it is otherwise required or authorised by law
• it will prevent or lessen a serious and imminent threat to somebody's life or health, or
• it is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
Is my Personal Information Stored Securely?
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure, and against other misuse.
When the personal information that we collect is no longer required or you request for it to be removed - we destroy or delete it in a secure manner.
Can I Access or Change the Personal Information I give you?
Yes, you can access the personal information that we hold about you, and you can ask us to correct the personal information we hold about you. For more information, please contact us directly using the contact details below.
Our Obligations
Thomas Marsden Advertising Pty Ltd is bound by the Australian Privacy Principles in the Privacy Act. We care about our users and do everything we can to adhere to the 13 Australian Privacy Principles as per the OAIC guidelines.
How to Contact Us
For further information contact us at team@thomasmarsden.com.au or alternatively you can write to us at Thomas Marsden Advertising Pty Ltd, 95b Station Street, PENRITH, NSW 2750
This privacy policy was created on 19/01/23 by My Privacy Policy.
Disclaimer
Please note that while all care will be taken to ensure all information, product inclusions and prices are accurate and correct at the time of publishing, Thomas Marsden Advertising Pty Ltd reserves the right to alter or retract any products, prices and or information without prior notice.
Thomas Marsden Advertising Pty Ltd is not liable for any personal or property damage, loss of income, profit, goodwill or business contacts retained when using this website, or any Thomas Marsden Advertising Pty Ltd products or services.
If you wish to obtain services from Thomas Marsden Advertising Pty Ltd, you should not rely solely on the information in this web site but should make specific enquiry concerning the nature of the services and their suitability for the use to which they will be put. Unless stated otherwise, all information on this web site is supplied without any warranty, condition or other term as to the quality of any services or their suitability for any particular purpose.
Copyright
This website and all its contents including text, images, graphics, source code, video, audio and any multi-media components are the legal property of Thomas Marsden Advertising Pty Ltd. You may not adapt, reproduce, store, distribute, transmit, publish, perform or create derivative works from any part of this website without prior written permission from Thomas Marsden Advertising Pty Ltd.
Copyright 2026 © Thomas Marsden Advertising Pty Ltd
Portfolio content including images, screenshots, video and audio; and client logos are the property of their respective entities or corporations and have been reproduced on this website with permission.