Terms & Conditions
BANANA DIGITAL (Creative Cakes Australia Pty Ltd)
Terms & Conditions
Last updated: 1st July 2025
These Terms and Conditions ("Terms") govern the relationship between Creative Cakes Australia Pty Ltd trading as Banana Digital (ABN: 70 605 796 736), a company incorporated in Australia with its registered office at 50 Otterden St, Gosnells WA 6110 ("we", "us", "our", or "Banana Digital") and the client ("you", "your", or "Client").
By engaging Banana Digital's services, signing an agreement, paying an invoice, or otherwise proceeding with service delivery, you agree to be bound by these Terms.
SERVICES PROVIDED
Banana Digital provides digital marketing, advertising, automation, and consulting services including, but not limited to:
- Meta (Facebook & Instagram) advertising strategy, setup, management, and optimisation
- Google advertising, Google Business Profile optimisation, and reputation management
- CRM setup, configuration, and automation using HighLevel / Lead Connector
- Landing pages, funnels, websites, and conversion optimisation
- Database reactivation campaigns via SMS, email, and automation
- Marketing strategy, consulting, audits, and performance reporting
- Creative coordination, copywriting, and ad asset implementation (where agreed)
Services may be delivered via virtual meetings, dashboards, written documentation, automation systems, third-party platforms, email, SMS, and other digital delivery methods.
Unless explicitly stated in writing, Banana Digital does not provide photography, videography, branding, legal compliance advice, or medical/financial advice.
SERVICE AGREEMENTS AND SCOPE
Each engagement may be governed by a proposal, service agreement, invoice, or written scope of work outlining inclusions, timelines, fees, and responsibilities.
Where a signed agreement or written scope exists, it takes precedence over these Terms. Where no separate agreement exists, these Terms constitute the entire agreement between the parties.
Any work requested outside the agreed scope may require additional fees and written approval before commencement.
PAYMENT TERMS
All fees are payable as outlined in your invoice or agreement.
- Payments may be made via bank transfer, credit or debit card, or third-party processors such as Stripe
- All prices are in AUD unless otherwise stated
- Setup fees, management fees, and subscriptions are billed in advance unless agreed otherwise
Clients must only use payment methods held in their own name or registered business entity. Third-party payments from unrelated individuals or entities are not accepted and may be rejected or refunded at the Client's cost.
Late or failed payments may result in suspension of services, paused campaigns, restricted access, or termination. Banana Digital reserves the right to recover unpaid invoices through collections or legal channels.
ADVERTISING BUDGETS AND THIRD-PARTY COSTS
Advertising spend on platforms such as Meta or Google is separate from Banana Digital's fees and is paid directly to the platform unless otherwise agreed.
Banana Digital does not control ad costs, auction pricing, platform algorithms, approval decisions, or delivery outcomes.
The Client remains fully responsible for all advertising spend incurred on their accounts.
REFUNDS, CANCELLATIONS, AND CHARGEBACKS
Unless explicitly stated in writing, all setup fees, management fees, and service fees are non-refundable once work has commenced.
Where a conditional guarantee or refund policy is offered, it is subject to strict eligibility requirements, including but not limited to:
- Timely cooperation
- Full implementation of recommendations
- Adequate ad spend
- Compliance with platform policies
- Accurate tracking and attribution
Clients agree to contact Banana Digital first to resolve any concerns before initiating a chargeback or dispute. Initiating a chargeback without attempting resolution may result in immediate termination of services and forfeiture of ongoing support.
NO GUARANTEES OR WARRANTIES
Banana Digital provides marketing services designed to improve visibility, enquiries, and business performance. However:
- Results are not guaranteed
- Performance depends on market conditions, competition, pricing, offer quality, client responsiveness, and external factors
- No guarantees are made regarding revenue, bookings, lead volume, cost per lead, or return on ad spend unless explicitly stated in writing
Services are provided on an "as is" and "as available" basis.
CLIENT RESPONSIBILITIES
The Client agrees to:
- Provide accurate information, access, and assets required for service delivery
- Respond in a timely manner to requests and approvals
- Comply with advertising platform policies and applicable laws
- Maintain professional and respectful communication
- Pay invoices on time
Failure to meet these responsibilities may delay results, impact performance, or result in suspension or termination of services.
INTELLECTUAL PROPERTY
All strategies, systems, templates, automations, workflows, copy, documentation, and proprietary processes developed by Banana Digital remain our intellectual property unless otherwise agreed in writing.
Clients are granted a limited, non-transferable license to use delivered materials for their own business only. Redistribution, resale, or replication for third parties is strictly prohibited.
CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary, commercial, or sensitive information shared during the engagement.
This obligation survives termination of services.
TERMINATION
Banana Digital may suspend or terminate services immediately if the Client:
- Fails to make payment
- Breaches these Terms
- Engages in abusive, unethical, or unlawful behaviour
- Misuses systems, data, or intellectual property
Upon termination, all outstanding fees remain payable, and no refunds will be issued.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Banana Digital shall not be liable for indirect, incidental, special, or consequential losses, including loss of revenue, profit, data, or business opportunities.
Our total liability shall not exceed the fees paid by the Client for the services giving rise to the claim.
THIRD-PARTY PLATFORMS AND TOOLS
Banana Digital uses and integrates with third-party platforms including but not limited to Meta, Google, HighLevel, Stripe, email providers, and SMS carriers.
We are not responsible for outages, policy changes, pricing changes, suspensions, or decisions made by third-party platforms.
GOVERNING LAW
These Terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.
PRIVACY
We collect and use personal and business information in accordance with Australian privacy laws. Information is used solely for service delivery, communication, billing, and support.
AMENDMENTS
Banana Digital reserves the right to update these Terms at any time. Continued use of services after updates constitutes acceptance of the revised Terms.
ENTIRE AGREEMENT
These Terms, together with any signed agreement or written scope, constitute the entire agreement between the parties and supersede all prior communications.
CONTACT INFORMATION
Banana Digital
Email: info@bananadigital.com.au
Website: https://bananadigital.com.au
