Last Updated: January 2026
Parties: These Terms and Conditions ("Terms") govern the services provided by AI Academy Elite ("the Company", "we", "us") to the client ("Client", "you"). These Terms, together with any Quote or Proposal we provide, form the contract between the Company and the Client for the provision of services. By accepting a Quote or using our services, you agree to these Terms.
We offer digital marketing and AI consultancy services, including but not limited to social media management, website development, email marketing, Search Engine Optimization (SEO), and related advisory services. The specific scope of work, deliverables, and any one-off or ongoing services will be detailed in the Quote or Proposal provided to you. We will use reasonable care and skill in delivering the agreed services, but any changes to the scope must be agreed in writing by both parties. If the scope needs to change or expand during the project, we will discuss and agree on variations (including any impact on fees or timelines) before proceeding.
We will begin the setup and delivery of services upon receiving your acceptance of the Quote and any required upfront payment. For website development and initial account setups, the Company will aim to complete the setup within four (4) weeks from the start date, assuming all necessary content and information are provided by you in a timely manner. This timeframe is an estimate and may be adjusted if there are delays in receiving required materials or unforeseen circumstances. We will keep you informed of our progress, and any delay caused by your failure to provide information or approvals may extend the delivery timeline without constituting a breach on our part. Ongoing support and maintenance are included as part of our services – we will continue to provide reasonable support for the duration of our engagement to ensure the delivered platforms (website, social media accounts, etc.) remain functional and updated.
The success of our services requires your cooperation. You agree to:
If you fail to meet your responsibilities (for example, not providing required content or access, or causing significant delays), we may adjust deadlines or suspend work until the issue is resolved. We are not responsible for any delays or failure to achieve results caused by your failure to fulfill your obligations under these Terms.
Our fees for services are set out in the Quote/Proposal provided. This may include one-off project fees (e.g. for initial setup or website build), monthly subscription costs, or weekly retainer fees as discussed. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST, which will be added where applicable.
For ongoing services, the Client shall pay the agreed retainer or subscription fee one week in advance of each service period. For example, a weekly retainer (such as AUD $300 per week) must be paid at least one week before the week of service, and a monthly subscription (e.g. AUD $150 per month) must be paid before the month begins. We will invoice you according to this schedule, and you agree to pay invoices by the due date specified. Payments can be made via electronic bank transfer or other agreed methods.
All payments are non-refundable. Once a retainer or service fee is paid for a given period, you cannot cancel the service for that period or obtain a refund for payments made. You may choose to stop future recurring services by providing notice as outlined in the Termination clause, but any fees already paid (including the current week or month's fee) will not be refunded. We do not require long-term commitments (no "lock-in" contracts), but you are responsible for any fees incurred up to the effective date of termination.
If payment is not received by the due date, we reserve the right to suspend all services until the account is brought up to date. We may also charge interest on overdue amounts at the rate permitted by law, calculated daily from the due date until payment is received. The Client is liable for any collection costs (including legal fees) we incur in recovering overdue payments. The Company retains ownership of all work product until full payment for that work has been received, and we may withhold delivery of deliverables or disable websites/accounts if invoices are significantly overdue.
Unless expressly included in our Quote, our fees do not cover third-party expenses such as paid advertising spend, stock photography, domain registrations, or other vendor costs. Where such costs are required, we will either include them in a Quote or seek your approval to have you pay those third-party costs directly. If we incur third- party expenses on your behalf (with your approval), these will be added to your invoice or charged to you at cost.
Upon receipt of full payment for a deliverable or service, all final materials, content, and work product that we create specifically for you will become your property. This includes things like websites, graphics, copywriting, reports, and social media content that we have been paid to produce for you. We do not retain ownership of the intellectual property in the final deliverables once paid – our role is to create these on your behalf.
While you own the final outputs, we (or our licensors) retain all rights to any of our underlying tools, templates, processes, or pre-existing intellectual property that we may use in the course of providing the services. For example, we retain ownership of any internal software, AI models, or generic methodologies used. We also retain ownership of any draft materials, concepts, or working files not included in the final deliverables, unless otherwise agreed. If the deliverables include third-party materials (for example, stock images, licensed software, or AI-generated content under a third-party license), your use of those materials may be subject to the relevant third-party licensing terms, and we cannot transfer ownership of third-party intellectual property we do not own.
You grant us a limited license to use your logos, trademarks, and other provided content for the purpose of performing the services and creating the project deliverables. This license is royalty-free and non-exclusive, and only lasts for the duration of the project. You represent and warrant that you have the necessary rights and permissions for any materials you provide to us (such as logos, images, slogans, or data), and you agree to indemnify us against any claims that arise from our use of such materials at your instruction if it turns out you did not have proper permission or rights.
We reserve the right to display or reference the work we produce for you in our portfolio, website, or marketing materials, solely to showcase our services and expertise. We will not reveal any confidential information in doing so, and if your project is sensitive, you may notify us in writing to exclude it from our portfolio.
Our services may involve the use of artificial intelligence ("AI") tools and platforms (such as ChatGPT by OpenAI, GoHighLevel, Manus, or similar) to assist in creating content, analyzing data, or automating processes. By engaging our services, you acknowledge and consent that we may use AI technologies in the development of your content and strategy. We will use AI tools in an ethical and thoughtful manner, and primarily as a means to improve efficiency or generate ideas and drafts. All AI-generated outputs are reviewed and edited by our team to align with your requirements.
While AI tools can greatly enhance productivity, they are not perfect and may occasionally produce inaccurate or inconsistent information. The Client understands that any content generated (in whole or in part) by AI is provided for your consideration, and the Company does not guarantee the accuracy or completeness of AI-generated content. We advise that you review all critical content, and we will exercise reasonable care to fact-check and verify information. To the maximum extent permitted by law, we are not responsible for any loss or damage arising from errors, omissions, or inaccuracies in AI-generated content. You should exercise your own judgment and, if necessary, seek independent advice before relying on content that was created with the assistance of AI.
We will not use any of your confidential or sensitive data to train public AI models. When we input information into AI tools, we will follow the platforms' best practices (for example, using features that opt out of data logging where available, or using the API for enhanced privacy) to protect your information. The Client acknowledges that third-party AI platforms have their own terms and privacy policies, and that using them may involve processing of data by those providers. We are not responsible for any actions of these third-party AI providers, including changes in their services or terms, but we will monitor their policies to ensure our use remains compliant and safe. By agreeing to these Terms, you give us permission to process your content and data using such AI and other software tools as necessary to perform the services.
Each party agrees to keep confidential any non-public or sensitive information obtained from the other party during the course of the project. If we sign a separate Non-Disclosure Agreement (NDA), that will supplement this clause. In any event, we will not disclose your confidential business information, marketing plans, customer data, or other sensitive materials to any third party except (a) as needed to perform our services (for example, providing info to a subcontractor or platform strictly on a need-to-know basis), (b) with your prior written consent, or (c) as required by law. Likewise, you agree not to reveal any confidential information about our business or proposals. Both parties will use confidential information solely for the purposes of fulfilling their obligations under this contract.
We comply with applicable Australian privacy laws in handling personal information. If our services involve collecting, storing, or processing personal data (for example, managing email lists or customer analytics), we will do so in accordance with our Privacy Policy and the Australian Privacy Principles. We implement reasonable security measures to protect personal data against unauthorized access.
If you provide us with personal data of any individuals (for instance, customer contact lists for email marketing or leads information for advertising), you warrant that you have obtained all necessary consents and rights to provide that data to us and to allow us to use it for the intended purpose. You are responsible for ensuring that the data was collected in compliance with privacy laws (e.g., that individuals consented to receive marketing). We will process any such data only on your instructions and for your business purposes. You agree to indemnify us for any claims, damages or fines arising from your failure to have proper consent or lawful basis for us to use the personal data you provide.
In providing our services, we may utilize third-party platforms (such as social media management tools, email marketing services, or AI platforms) which will process data on our behalf. We will take care to use reputable providers and to enter into appropriate data processing agreements where required. However, you acknowledge that your data may be transmitted or stored on third-party systems as part of delivering the service, and that third-party software or services are outside our control. We are not liable for any breaches or incidents on the part of those third-party services, but will make reasonable efforts to minimize risks (for example, by using secure systems and keeping software updated).
We will perform our services with diligence and to a high standard, but we do not guarantee specific outcomes or results from our work. In marketing and AI consultancy, results can depend on many factors beyond our control – such as search engine algorithms, market conditions, audience behavior, or data provided. For example, we cannot promise that a website we build will achieve a particular search ranking, or that a marketing campaign will achieve a specific return on investment. Any figures or targets discussed are aspirational and for illustrative purposes only, and do not constitute a warranty or guarantee of actual performance.
To the fullest extent permitted by law, our services and deliverables are provided "as is" and without any warranty or condition, express or implied. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non- infringement, except where such warranties cannot be lawfully excluded. You use the deliverables and implement our advice at your own risk. We will of course strive for accuracy and effectiveness, but ultimately you are responsible for how you use our work product.
When we manage your presence on third-party platforms (like Google, Facebook/Meta, Instagram, LinkedIn, etc.) or use third-party software, you acknowledge that we do not control those services. We are not liable for any changes, downtime, or issues caused by those third-party platforms, nor for any loss of data or content on those platforms. You are subject to the user terms of those third-party services as well. For example, if a social media platform or an AI service experiences an outage or changes its policies, that is outside our control and does not constitute our breach of contract.
Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection laws that cannot be excluded. If any guarantee, warranty, term or condition is implied or imposed by law and cannot be excluded (such as certain statutory consumer guarantees), then our liability for a breach of such a guarantee, if permitted by law, is limited (at our option) to either re-supplying the services or paying the cost of re- supplying the services.
To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising out of or related to our services, this Agreement, or the deliverables (whether in contract, tort, negligence, strict liability, or otherwise) shall not exceed the total fees you paid to us in the 12 months immediately preceding the event giving rise to the claim (or, if no fees have been paid, AUD $1,000). This cap applies to all claims in the aggregate, not per claim. This limit reflects the nature and pricing of our services and is a fundamental part of the bargain between us.
In no case will we be liable for any indirect, consequential or special losses, or for any loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill or anticipated savings, arising out of or in connection with our services, even if we have been advised of the possibility of such damages. Our services are not intended to guarantee business outcomes, and you accept that we cannot be held responsible for things like your lost sales or opportunities, or any damage that is not a direct result of our breach.
You acknowledge that the fees we charge are based on this allocation of risk. In the absence of such limitations, the costs for our services would likely be higher. To the extent permitted by law, you release us and our directors, employees, and agents from any and all liability beyond the limits set in this clause. We strongly encourage you to have appropriate business insurance in place (for example, insurance against cyber incidents, marketing errors, etc., if relevant to you) to mitigate any risks beyond our responsibility.
You agree to indemnify and hold harmless AI Academy Elite and its officers, employees, and agents from and against any and all third-party claims, liabilities, losses, and expenses (including reasonable legal fees) that arise out of or relate to: (a) content or materials you provided to us, or your instructions, that infringe any intellectual property, privacy, or other rights of any third party; (b) your breach of any term of this Agreement or violation of any law or regulation in connection with your use of our services; or (c) your negligent or willful acts or omissions. For example, if you supply us with images or text to use in a campaign and a third party claims that material infringes their copyright or trademark, you agree that you (not us) will be responsible for any resulting cost or legal claims. Similarly, if you use the deliverables we create in an unlawful manner or modify them to include false/misleading information, any claim arising from that is your responsibility.
These Terms apply from the date you accept our Quote or otherwise agree to proceed with our services, and will continue on a month-to-month or week-to-week basis (depending on your billing cycle) until terminated by either party in accordance with this clause. There is no fixed long-term contract period – our arrangement is essentially at-will, with ongoing services renewing each billing period (e.g. weekly or monthly) until ended.
You may terminate the services at any time by giving us written notice (e.g. email) at least 7 days before the start of the next billing period you wish to cancel. For example, if you are on a weekly plan and want to stop, provide notice 7 days before the next week begins; if on a monthly plan, give 7 days' notice before the next month. This lead time allows us to off-board and wrap up work properly. If you terminate without providing sufficient notice, or mid-way through a paid period, note that per our No Refund policy, we will not refund any pre-paid fees for the current period – termination will take effect after the paid period ends. Upon termination, we will cease providing services, but you will retain all deliverables already paid for.
We may terminate this agreement or suspend services at any time by giving you at least 7 days' written notice. We may also terminate immediately or suspend services if you breach a material term of this contract (for example, non-payment, unethical or unlawful activity, or misuse of deliverables) and do not promptly cure the breach after we request you to do so. If we terminate due to your breach or misconduct, you will not be entitled to any refund of fees already paid and remain liable for any unpaid fees up to the termination date. If we terminate for convenience (not due to your fault), we will refund any fees you paid for services not yet rendered as of the termination date, if applicable.
Upon termination, each party will promptly return or destroy any confidential information of the other party in its possession (except that we may retain archival copies for record- keeping or legal compliance). If we have created accounts or profiles on your behalf (e.g. ad accounts, social media pages), we will transfer administrative access to you where possible. You agree to pay for all services rendered and costs incurred up to the date of termination. Clauses of these Terms which by their nature should survive termination (such as indemnities, limitations of liability, ownership of IP, confidentiality, and accrued rights) will continue to apply even after the contract ends.
This Agreement is governed by the laws of Australia, and in particular the laws of the State of New South Wales. Both the Company and the Client submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes that may arise under this Agreement. We encourage resolving any issues through good faith negotiations. In the event of a dispute, the parties agree to first attempt to resolve it by discussion or mediation in good faith before resorting to legal proceedings.
By agreeing to these Terms and Conditions and proceeding with our services, both parties confirm their understanding and acceptance of the above provisions. These Terms are designed to protect both the Client and the Company by setting clear expectations and minimizing misunderstandings. If you have any questions or require clarification on any part of these Terms, please contact us at [email protected].