Terms of Service

1. About these terms

These Terms of Service (Terms) govern your engagement with HitCreate, a trading name of FYI United Group Pty Ltd (ACN 665 393 546, ABN 39 665 393 546) (HitCreate, we, us, our). By engaging HitCreate — including by accepting a quote, signing a proposal, or paying a deposit — you (Client, you) agree to these Terms.

2. Services

HitCreate provides digital agency services including brand identity, website design, SEO, automation, CRM setup, AI assistant configuration, and related professional services (Services). The specific scope for your engagement is set out in a written proposal or statement of work (SOW).

Any Services beyond the SOW are treated as variations and are quoted and billed separately before work begins. We will not commence variation work without written approval.

3. Engagement and quotes

Quotes are valid for 30 days unless stated otherwise. Engagement is confirmed when (a) you accept the quote or proposal in writing (email is sufficient), and (b) the deposit invoice is paid.

4. Payment terms

• Project work: 50% deposit on engagement, 50% on delivery, unless a different schedule is specified in the SOW.
• Retainers and subscriptions: billed monthly in advance.
• Invoices: payable within 14 days of the invoice date unless stated otherwise.
• Currency: all invoices are in Australian Dollars (AUD) unless stated otherwise.
• GST: prices are exclusive of GST unless stated otherwise. GST is added where applicable.
• Late payment: overdue invoices may accrue interest at 2% above the Reserve Bank of Australia cash rate, calculated monthly. We may suspend Services while payment is overdue.
• Payment methods: card (processed by Stripe), direct debit, or bank transfer. Card surcharges, if any, are disclosed at checkout.

5. Intellectual property

On full payment of fees for a deliverable, the ownership of that deliverable (other than pre-existing materials, third-party assets, and HitCreate tooling) transfers to you. Before full payment, deliverables remain the property of HitCreate and are licensed only for review purposes.

Pre-existing HitCreate tooling, frameworks, design systems, prompts, and internal infrastructure remain the property of HitCreate and are licensed to you on a non-exclusive, non-transferable basis for use with the delivered work.

Third-party assets (stock imagery, fonts, plugins, hosted services) are licensed subject to the licence terms of the relevant provider. Ongoing licence fees, where applicable, are your responsibility.

6. Confidentiality

Each party will keep confidential all information disclosed by the other which is marked or treated as confidential, and will use it only to deliver the Services. This does not apply to information that is public, lawfully received from a third party, or independently developed.

7. Consumer guarantees

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion of the contract.

8. Limitation of liability

To the extent permitted by law, and without limiting your rights under the Australian Consumer Law or any other non-excludable guarantee, HitCreate's total aggregate liability under or in connection with these Terms is capped at the fees paid by you to HitCreate in the 6 months immediately prior to the event giving rise to the claim.

Neither party is liable for any indirect, consequential, or special loss, loss of profits, loss of revenue, loss of data, or loss of business opportunity.

9. Termination

Either party may terminate a project engagement with 14 days written notice. On termination, you will pay for all Services delivered or in progress up to the termination date. Retainers and subscriptions may be cancelled at the end of the current billing period with 14 days notice.

We may terminate immediately if an invoice remains unpaid 30 days after its due date, or if you breach these Terms materially and do not remedy the breach within 14 days of notice.

10. Dispute resolution

If a dispute arises, the parties will first attempt in good faith to resolve it by direct negotiation. If the dispute is not resolved within 30 days, the parties agree to attempt mediation through the Queensland Law Society's mediation service before commencing legal proceedings.

11. Governing law

These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.

12. Changes to these Terms

We may update these Terms from time to time. The version in force at the date of your engagement applies to that engagement unless otherwise agreed in writing. The current version is always available at hitcreate.io/terms.

13. Contact

Questions about these Terms? Email [email protected] or post to FYI United Group Pty Ltd, Gold Coast, QLD, Australia.