Terms of Service

1. Agreement

By accessing or using the Echo Studios website (echostudios.au) or engaging our services, you agree to be bound by these Terms of Service. These terms apply to all visitors, prospective clients, and existing clients of Echo Studios AU Pty Ltd (ABN 97 683 957 888), trading as Echo Studios.

If you are entering into a service engagement with us, these terms apply alongside any separate service agreement, proposal, or statement of work. In the event of a conflict, the specific service agreement takes precedence.

2. Our services

Echo Studios provides digital marketing, web design and development, search engine optimisation (SEO), paid advertising management (Google Ads, Meta Ads), CRM setup and automation, brand design, and marketing strategy services. The specific scope, deliverables, timelines, and fees for each engagement are outlined in individual service agreements or proposals.

We reserve the right to subcontract specialist work (e.g. copywriting, photography, development) to trusted third parties where necessary to deliver our services, while maintaining responsibility for the quality and confidentiality of all work.

3. Discovery calls and enquiries

Scheduling a discovery call or submitting an enquiry through our website is an expression of interest and does not constitute a binding agreement for services. No obligation arises until both parties have agreed to and signed a service agreement or proposal, or until written confirmation of engagement is provided via email.

4. Client responsibilities

To enable us to deliver our services effectively, clients agree to:

• Provide timely access to required platforms, accounts, and assets (e.g. website hosting, domain registrar, Google Ads account, Meta Business Suite, Google Business Profile, CRM).
• Provide accurate and complete information, content, and feedback within agreed timeframes.
• Review and approve deliverables, copy, creative assets, and campaign settings before launch where approval is requested.
• Ensure that any content, images, or materials provided to us do not infringe on third-party intellectual property rights.
• Maintain valid payment methods and settle invoices within the agreed payment terms.

Delays caused by late provision of access, feedback, or approvals may impact project timelines. We will communicate any timeline adjustments promptly.

5. Intellectual property and code ownership

Echo Studios website: All content on the Echo Studios website — including text, graphics, logos, case studies, photography, insights articles, and design — is the intellectual property of Echo Studios AU Pty Ltd and is protected under Australian intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our website content without prior written consent.

Managed service model (default): Under our standard monthly retainer, Echo Studios retains ownership of the website source code, hosting infrastructure, and technical configuration. The client's website is built, maintained, and managed by Echo Studios as part of the ongoing service. Hosting, updates, security, performance monitoring, and technical support are included in the monthly fee. The client receives full use of the website and its content for the duration of the engagement.

Full ownership transfer: Clients who pay the full setup fee (as outlined in their service agreement) receive complete ownership of the custom website source code and assets upon full payment. This entitles the client to host, modify, and manage the codebase independently. Full ownership does not include Echo Studios' proprietary tools, templates, frameworks, component libraries, processes, or methodologies, which remain our intellectual property. Clients who receive full ownership are not required to maintain an ongoing retainer, though ongoing support and hosting services are available separately.

Brand and creative assets: Custom brand assets, logos, and graphic design deliverables created for the client are owned by the client upon full payment, regardless of the engagement model.

Portfolio rights: Unless otherwise agreed in writing, Echo Studios reserves the right to display completed work in our portfolio, case studies, and marketing materials, including on our website and social media channels.

6. Advertising and campaign management

Where we manage paid advertising campaigns on your behalf:

• Ad spend is paid directly by the client to the advertising platform (Google, Meta, etc.) and is separate from our management fees.
• We will manage campaigns in good faith and to the best of our professional ability, but we do not guarantee specific results, lead volumes, conversion rates, or return on ad spend. Performance depends on many factors outside our control, including market conditions, competition, budget, and the client's offer.
• Campaign data, ad accounts, and audience assets belong to the client. We manage these on your behalf and will transfer full access upon termination of the engagement.
• We may pause or modify campaigns at our discretion if we identify compliance risks, policy violations, or circumstances that could harm the client's account standing.

7. Website hosting and management

Under our standard managed service model:

• Echo Studios builds, deploys, hosts, and maintains the client's website as part of the monthly retainer. This includes hosting, SSL certificates, performance monitoring, security updates, and technical support.
• The website source code is stored in a private repository managed by Echo Studios. Repository access can be shared with the client upon request for visibility, but modification rights remain with Echo Studios while the managed service is active.
• Domain registration is the client's responsibility. We will assist with DNS configuration and domain pointing as part of the setup process.
• We are not liable for downtime, data loss, or service interruptions caused by third-party infrastructure providers, DNS registrars, or services outside our direct control.
• If the client terminates the managed service without having paid the full ownership setup fee, the website will be taken offline at the end of the notice period, as the source code remains the property of Echo Studios. The client retains ownership of all content, copy, images, and data they provided.

Clients who have paid the full ownership setup fee may self-host and manage their website independently. Echo Studios is not responsible for the performance, security, or maintenance of self-hosted websites after handover.

8. CRM and automation

Where we set up or manage CRM systems and automations on your behalf:

• CRM accounts, contact data, and automation workflows belong to the client.
• We configure automations based on the client's requirements and approval. The client is responsible for reviewing automated communications (emails, SMS) before activation.
• We are not liable for unintended communications sent via automations that were approved by the client or triggered by third-party integrations outside our configuration.

9. Confidentiality

Both parties agree to keep confidential any proprietary information, business strategies, account credentials, financial data, or trade secrets disclosed during the engagement. This obligation survives termination of the engagement. Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

10. Payment terms

Payment terms are specified in the individual service agreement or proposal. Our standard pricing structure is as follows:

• Setup fee: A one-time setup fee applies to new engagements, covering initial strategy, build, and configuration. The setup fee varies depending on the scope of the project and is outlined in the service proposal. Setup fees may be waived or discounted during promotional periods.
• Monthly retainer: Ongoing services — including hosting, maintenance, marketing management, CRM, and support — are billed monthly in advance. All prices are quoted excluding GST; GST of 10% applies to all invoices for Australian clients.
• Full ownership fee: Clients who wish to own their website source code outright and manage it independently may do so by paying the full setup fee as outlined in their service proposal. This is a higher fee that reflects the full value of the build without ongoing managed service pricing.
• Invoices are due within fourteen (14) days of issue.
• Late payments may incur interest at a rate of 2% per month on the outstanding balance.
• We reserve the right to pause or suspend services — including taking the website offline — if invoices remain unpaid beyond 30 days.

11. Termination

Either party may terminate an ongoing service engagement by providing thirty (30) days written notice, unless otherwise specified in the service agreement. Upon termination:

• The client is responsible for payment of all work completed up to the termination date, including any work in progress.
• We will hand over all client-owned assets, including ad accounts, CRM data, domain access, brand assets, content, and any other materials provided by or created for the client.
• Managed service clients (no full ownership): The website source code remains the property of Echo Studios. The website will be taken offline at the end of the notice period. The client retains ownership of all content, copy, images, and data they provided or that was created on their behalf. Clients may purchase full ownership of the codebase at the full setup fee at any time prior to or during the termination period.
• Full ownership clients: The website source code and repository access will be transferred to the client within fourteen (14) days of the termination effective date.
• Access to Echo Studios' internal systems and tools will be revoked within fourteen (14) days of the termination effective date.
• Any prepaid fees for services not yet delivered will be refunded on a pro-rata basis, less any costs already incurred.

12. Limitation of liability

To the maximum extent permitted by the Australian Consumer Law and applicable legislation:

• Echo Studios is not liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our website or services, including but not limited to loss of revenue, loss of data, loss of business opportunity, or reputational damage.
• Our total aggregate liability for any claim arising from or related to our services is limited to the total fees paid by the client to Echo Studios in the twelve (12) months preceding the claim.
• We do not guarantee specific marketing results, search engine rankings, lead volumes, or revenue outcomes. Marketing performance is influenced by factors beyond our control.
• Nothing in these terms excludes or limits liability that cannot be excluded under Australian law, including liability for negligence causing personal injury or death, fraud, or breach of consumer guarantees under the Australian Consumer Law.

13. Indemnification

The client agrees to indemnify and hold harmless Echo Studios, its directors, employees, and contractors from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Content, materials, or data provided by the client that infringes on third-party rights.
• The client's breach of these terms or any service agreement.
• The client's use of deliverables in a manner inconsistent with the agreed scope.

14. External links and third-party services

Our website and services may involve links to or integration with third-party websites, platforms, and tools. We are not responsible for the content, privacy practices, terms, or availability of third-party services. Your use of third-party platforms is subject to their respective terms and conditions.

15. Force majeure

Neither party is liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, pandemic, government action, internet or infrastructure outages, or platform-level changes by third-party providers (e.g. Google, Meta policy changes or algorithm updates).

16. Governing law and dispute resolution

These terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. In the event of a dispute, both parties agree to attempt resolution through good faith negotiation before pursuing formal proceedings. Any unresolved disputes will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

17. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

18. Changes to these terms

We may update these Terms of Service from time to time. Changes will be posted on this page with an updated effective date. For clients with active service agreements, material changes will be communicated via email. Continued use of our website or services after changes are posted constitutes acceptance of the updated terms.

19. Contact

Questions about these terms? Contact us at info@echostudios.au or call 0489 074 049.

Echo Studios AU Pty Ltd · ABN 97 683 957 888 · Melbourne, VIC, Australia.