Trading Terms & Conditions
Thomas Marsden Advertising Pty Ltd
ABN 49 001 784 836
ACN 001 784 836
These Trading Terms & Conditions apply to services supplied by Thomas Marsden Advertising Pty Ltd (TMA) unless different terms are agreed in writing.
1. Acceptance of Terms
By accepting a quotation, paying a deposit, providing written approval to proceed, or instructing TMA to commence work, the client agrees to the quotation and these Trading Terms & Conditions.
Where there is any inconsistency between these terms and a written quotation or agreement issued by TMA, the specific terms of the quotation or agreement will take precedence.
2. Quotations and Pricing
Unless otherwise stated:
- all prices quoted are exclusive of GST;
- quotations are valid for 30 days from the date of issue;
- quotations are based on the information and requirements available to TMA at the time of preparation; and
- third-party costs, licences, subscriptions, advertising expenditure, printing, postage, media charges or other external costs are excluded unless specifically included.
If the requirements of a project change after quotation, TMA may revise the quotation or charge additional work at its current hourly rate.
Where practical, TMA will advise the client of additional costs before undertaking work outside the agreed scope.
3. Scope of Work and Variations
The scope of each project is defined by the applicable quotation, proposal, brief or other written agreement.
Requests that fall outside the agreed scope, changes to previously approved work, additional functionality, additional concepts, or additional rounds of revisions may be treated as variations and charged separately.
Unless otherwise specified in the quotation, production work includes one round of client revisions.
Changes resulting from an error by TMA will not be treated as a client revision.
4. Client Responsibilities
The client is responsible for providing TMA with the information, content, instructions, access details, approvals and other materials reasonably required to complete the project.
The client must ensure that information supplied to TMA is accurate and complete.
Project timeframes depend on timely client feedback and supply of required materials. TMA is not responsible for delays caused by late approvals, missing content, changes in client requirements or other circumstances outside TMA's reasonable control.
Where a project remains inactive for an extended period because information, content or approval has not been supplied, TMA may reschedule the project according to current production availability.
5. Client Approvals
The client is responsible for carefully checking all artwork, copy, specifications, website content and other material submitted for approval.
Approval may be provided by email, through a project management or proofing system, or by another agreed method.
Once material has been approved, TMA may proceed on the basis that the client has checked and accepted its content and specifications.
TMA is not responsible for errors subsequently identified in material that was supplied or approved by the client, except to the extent required by law.
Changes requested after final approval may incur additional charges.
6. Project Timing
Any completion or delivery dates provided by TMA are estimates unless expressly agreed as fixed deadlines.
TMA will make reasonable efforts to meet agreed timeframes but may adjust schedules where a project is delayed by client feedback, third-party suppliers, technical issues or circumstances outside TMA's reasonable control.
Where a specific deadline is critical, the client must advise TMA before the project commences.
7. Payment Terms
Approved Credit Accounts
Clients with an approved commercial credit account will be invoiced in accordance with the payment terms shown on their invoice or account agreement.
Unless otherwise agreed, approved credit accounts are payable net 30 days from the end of the month in which the relevant statement is issued.
TMA may review or withdraw credit facilities where payment terms are repeatedly exceeded or where there is a reasonable concern regarding creditworthiness.
Non-Credit and COD Projects
Unless otherwise agreed, clients without an approved credit account may be required to pay a 50% deposit before work commences.
The remaining balance is payable before final artwork, files, website access or other completed project materials are handed over or published.
Different deposit or milestone arrangements may apply where stated in the quotation.
Progress Invoicing
For projects extending over more than one month, TMA may invoice work completed to date at the end of each month.
Large projects may also be invoiced according to stages or milestones specified in the quotation.
8. Overdue Accounts
Invoices must be paid within the agreed payment terms.
Where an undisputed invoice becomes overdue, TMA may, after reasonable notice, pause further work until the account is brought up to date.
Where ongoing services such as hosting, domains, SSL certificates, website maintenance, advertising management or other recurring services remain unpaid, TMA may suspend those services after reasonable notice where permitted by law.
TMA may refer overdue accounts for debt collection where reasonable attempts to obtain payment have been unsuccessful.
9. Cancellation and Project Suspension
A client may cancel a project by providing written notice to TMA.
Where work has already commenced, the client will be responsible for payment for work reasonably completed up to the date of cancellation together with any third-party costs or commitments that cannot reasonably be cancelled.
Any deposit already paid may be applied towards these amounts.
TMA may suspend or terminate a project where the client materially breaches the agreed terms and does not remedy the breach within a reasonable period after being notified.
10. Graphic Design, Artwork and Print Production
Where TMA prepares artwork for printing or other production, the client is responsible for approving the final artwork and specifications before production proceeds.
Printed colours and finishes may vary from colours displayed on screens or from previous print runs due to differences in equipment, materials, production processes and viewing conditions.
Where printing, signage, media, photography, production or other services are provided by an external supplier, those services may also be subject to the supplier's own terms, cancellation conditions and production tolerances.
Once an external production order has been placed, some or all associated costs may be non-refundable.
11. Website Development
Once a website has been approved by the client and made live, changes that fall outside the agreed scope or original brief may be charged at TMA's current rates.
Unless otherwise stated, new websites developed solely by TMA include a three-month warranty period commencing from the date the website is made live.
During the warranty period, faults arising from TMA's original website development will be corrected at no additional charge.
The warranty does not cover:
- new features or functionality;
- changes to the original requirements;
- content changes;
- changes made by the client or another provider;
- third-party plugins, themes, software, APIs or services;
- changes made by external platforms or software providers;
- problems arising from hosting environments outside TMA's control;
- security incidents or malicious activity not caused by TMA;
- problems arising from software updates or changes made after completion; or
- compatibility issues arising from technologies introduced or changed after the website was completed.
After the warranty period, website maintenance, investigation, repairs and development may be charged at TMA's current rates.
Ongoing website maintenance, software updates and support are not included unless specifically stated in the quotation or covered by a separate maintenance agreement.
Nothing in this warranty limits any rights or remedies that cannot legally be excluded.
12. Third-Party Software and Services
TMA projects may rely on third-party products and services including hosting providers, domain registrars, WordPress plugins and themes, software platforms, APIs, payment gateways, email providers, analytics services, advertising platforms and other external systems.
TMA is not responsible for outages, service interruptions, software changes, discontinuation of services, price changes, account restrictions or loss of functionality caused by third-party providers outside TMA's reasonable control.
Where third-party licences, subscriptions or usage fees are required, these costs are the client's responsibility unless expressly included in the quotation.
TMA may recommend or configure third-party products but cannot guarantee their ongoing availability, compatibility or performance.
13. Hosting, Domains and SSL Services
Where TMA provides or manages website hosting, domain names, SSL certificates or related services, these services may depend on third-party infrastructure and suppliers.
TMA will take reasonable care in the provision and management of these services but cannot guarantee uninterrupted or error-free availability.
TMA is not responsible for outages or interruptions caused by infrastructure failures, internet service providers, cyber incidents, external service providers or other circumstances outside its reasonable control.
Renewal of hosting, domains, SSL certificates and related services is subject to payment of applicable renewal fees by the due date.
Clients moving hosting, domains or other services away from TMA are responsible for ensuring that the new provider has successfully completed the transfer and that appropriate backups have been retained.
Additional work required to migrate, restore or reconfigure services may be charged separately.
14. Digital Advertising and Marketing
Digital advertising, search engine optimisation, social media advertising and other marketing services can be influenced by factors outside TMA's control.
TMA does not guarantee particular search rankings, advertising positions, impressions, traffic volumes, enquiries, sales, conversions or other commercial outcomes.
Performance can be affected by factors including market conditions, competitor activity, client websites and offers, available budget, customer behaviour and changes made by Google, Meta, LinkedIn, search engines and other third-party platforms.
Unless expressly included in the quotation, advertising expenditure paid to advertising platforms is separate from TMA's management fees.
The client is responsible for ensuring that advertised products, services, claims and offers are accurate and comply with applicable laws and industry requirements.
Advertising platforms may reject advertisements or restrict, suspend or close accounts under their own policies. TMA cannot guarantee that any particular advertisement or account will be accepted or remain active.
15. Intellectual Property
The client retains ownership of intellectual property supplied to TMA by the client.
Unless otherwise agreed in writing, TMA retains ownership of its working files, preliminary concepts, production methods, templates, development tools, reusable code, software components and other materials created or used in the course of providing its services.
Following full payment, the client is granted the rights reasonably required to use the final approved work for the purpose for which it was commissioned.
Where a quotation specifically provides for the transfer of copyright or other intellectual property rights, that transfer will take effect once all amounts relating to the project have been paid in full.
Source files, working files and editable production files are not automatically included unless specified in the quotation or otherwise agreed.
Third-party materials including fonts, stock images, plugins, software and licensed content remain subject to the licence terms of their respective owners.
16. Client-Supplied Content and Materials
The client warrants that it has the necessary rights, licences and permissions to use any text, photographs, illustrations, logos, trademarks, video, audio, data or other materials supplied to TMA.
TMA may rely on the client's authority to use those materials unless advised otherwise.
The client is responsible for the accuracy, legality and appropriateness of material it supplies for publication.
17. Portfolio and Promotion
Unless otherwise agreed, TMA may identify completed work as part of its portfolio and may display reasonable examples of publicly released work on its website, social media, presentations and other promotional materials.
TMA will respect reasonable confidentiality requirements advised by the client before the work is publicly released.
18. Confidentiality
TMA will take reasonable steps to protect confidential information provided by the client and will not knowingly disclose confidential information to third parties except where required to provide the agreed services, where authorised by the client, or where required by law.
This does not apply to information that is already publicly available through no breach of confidence by TMA.
Personal information is handled in accordance with TMA's Privacy Policy.
19. Archived Material
TMA generally retains project artwork and working material on its active systems for approximately 12 months following completion.
Older material may be transferred to archive storage and a retrieval or recreation charge may apply.
TMA generally aims to retain archived client material for up to five years but does not guarantee permanent storage or retrieval.
Clients should retain their own copies of important final files and materials.
20. Liability
TMA will provide its services with reasonable care and skill.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.
To the extent permitted by law, TMA is not liable for indirect or consequential loss arising from the provision of its services, including loss of profit, revenue, business opportunity or data, where that loss was not reasonably foreseeable or was caused by circumstances outside TMA's reasonable control.
Where the law permits TMA's liability to be limited, liability will be limited to an appropriate remedy permitted by law having regard to the relevant circumstances.
21. Events Outside Our Reasonable Control
TMA is not responsible for delays or failure to perform an obligation where the delay or failure is caused by circumstances outside its reasonable control.
This may include failures of internet or telecommunications services, third-party platforms, hosting providers, utilities, suppliers, natural disasters, cyber incidents, industrial action, government action or other unexpected events.
TMA will make reasonable efforts to minimise the impact of such events and resume affected services where practical.
22. Governing Law
These terms are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
23. Changes to These Terms
TMA may update these Trading Terms & Conditions from time to time.
Updated terms will apply to new quotations and new work accepted after the updated terms are published.
Changes to these general terms will not retrospectively alter the agreed terms of an existing project unless agreed by both parties.
24. Contact
Questions regarding these Trading Terms & Conditions can be directed to:
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.