Terms & Conditions

Effective Date: January 2025

These Terms & Conditions (“Terms”) set out the basis on which Fuujin (“we”, “us”, “our”) provides digital marketing, creative, and consultancy services to our clients (“you”, “your”). By engaging with us — whether under a signed agreement, by email or phone instruction, payment of an invoice, or by allowing us to begin work — you acknowledge and agree to be bound by these Terms.

We always operate in good faith, and we expect the same in return. Our relationships are built on trust, fairness, and professionalism, and these Terms are designed to make sure that both parties are clear on their rights, responsibilities, and expectations.

1. Data Access, Security & Management

1.1 To deliver our services effectively, Fuujin may require access to your digital assets and business data, including but not limited to: websites, hosting accounts, email services, analytics platforms, ad accounts, CRMs, and social media profiles.

1.2 You grant us the right to access, manage, configure, and optimise these systems as needed to carry out agreed services.

1.3 While we take reasonable measures to safeguard and secure your information, you acknowledge:

• You are responsible for maintaining complete and up-to-date backups of all data and accounts.

• Fuujin is not responsible for loss of data, unauthorised access, downtime, or breaches caused by third-party systems, software providers, or circumstances outside of our direct control.

• Security of your platforms (passwords, user access, hosting stability) remains your responsibility, unless specifically contracted to us as a managed service.

1.4 We may recommend or implement third-party security tools (e.g. password managers, backup services, monitoring software), but ultimate responsibility for security rests with you.

2. Confidentiality & Privacy

2.1 Both parties agree to maintain confidentiality over any business, financial, or sensitive information shared during the course of engagement.

2.2 We will not share your confidential information with third parties without your consent, except where:

• Required by law; or

• Required to perform services through trusted contractors or service providers (e.g. hosting companies, ad platforms, consultants).

2.3 Confidentiality obligations survive termination of this agreement.

3. Third-Party Providers & External Contractors

3.1 Fuujin frequently works with third-party providers (such as Google, Meta, software vendors, hosting companies) and trusted external contractors to deliver services.

3.2 You acknowledge that:

• These providers have their own terms and conditions which you are also subject to.

• We are not liable for outages, system changes, pricing adjustments, errors, or policy changes made by third parties.

• Any disputes or claims against third parties must be handled directly with them, though we will assist in good faith where possible.

3.3 We reserve the right to subcontract or partner with external consultants where their expertise is required to deliver your project. All such engagements will be managed by Fuujin.

4. Fees, Invoicing & Payment

4.1 Unless otherwise agreed in writing:

• Invoices are issued monthly.

• Payment is due within 14 days of the invoice date.

• Late or unpaid invoices may result in suspension or termination of services.

4.2 Third-party costs (including advertising spend, hosting, domain renewals, or software subscriptions) remain your responsibility and are either:

• Paid directly by you; or

• Paid by Fuujin and re-invoiced to you.

4.3 All fees are quoted exclusive of GST unless expressly stated otherwise.

4.4 Failure to pay invoices in a timely manner may result in collection action, with you liable for any reasonable recovery costs.

5. Intellectual Property

5.1 All creative assets, designs, strategies, and campaigns remain the property of Fuujin until invoices are paid in full.

5.2 Upon full payment, ownership of deliverables specifically created for you transfers to you, unless otherwise agreed.

5.3 We retain the right to:

• Reuse non-specific strategies, methods, or tools developed during your project for other clients.

• Showcase completed work in our portfolio, case studies, and marketing material (unless confidentiality has been agreed in writing).

6. Liability & Disclaimers

6.1 While we act with skill, care, and professionalism, you acknowledge that:

• Digital services are subject to external factors beyond our control, including search engine algorithms, platform changes, market fluctuations, and consumer behaviour.

• Fuujin cannot guarantee specific results such as sales volumes, lead volumes, search rankings, or revenue outcomes.

6.2 To the maximum extent permitted by law:

• Fuujin excludes all liability for indirect, incidental, or consequential loss, including loss of business, profits, goodwill, data, or opportunities.

• Any claim against Fuujin will be limited to the total amount paid for services in the 3 months immediately preceding the claim.

6.3 You agree to indemnify and hold harmless Fuujin, its directors, employees, and contractors against any claims, damages, or expenses arising from your use of our services, except where directly caused by our proven wilful misconduct.

7. Contracts & Non-Contract Engagements

7.1 For many projects, we enter into a formal written contract or proposal which sets out scope, deliverables, timelines, and fees. Where such a contract exists, it takes precedence over these Terms in the event of conflict.

7.2 Where no formal contract is signed, these Terms automatically apply. By instructing us to proceed, paying an invoice, or otherwise engaging our services, you acknowledge and accept these Terms.

7.3 Regardless of contract status, all engagements are based on:

• Mutual trust and respect.

• Acting in good faith.

• Seeking fair and reasonable remedies in the event of disputes.

8. Termination of Services

8.1 Either party may terminate services by providing 30 days’ written notice.

8.2 Upon termination:

• You must pay for all work completed up to the termination date.

• Any outstanding invoices must be settled before transfer of project files or deliverables.

8.3 Fuujin may terminate immediately if:

• Invoices remain unpaid,

• You breach these Terms, or

• Continuing the engagement would harm our reputation or working relationship.

9. Governing Law

9.1 These Terms are governed by the laws of Queensland, Australia.
9.2 Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

10. Final Commitment

By engaging Fuujin, you confirm your understanding and acceptance of these Terms. We do not rely solely on contracts — our foundation is good faith, professionalism, and partnership. Our promise is to deliver results with integrity, protect your data and reputation, and treat every project as if it were our own.

Privacy Policy – Fuujin

Last Updated: January 2025

Fuujin (“we”, “our”, “us”) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, and protect your information when you interact with us online or offline.

1. Information We Collect

We may collect the following types of information when you use our website, services, or contact us:

• Personal details (name, email, phone number, business information).

• Information about your enquiries or projects with us.

• Data from website usage, including IP addresses, browser type, and cookies.

• Marketing preferences and communication history.

2. How We Use Your Information

We use your information to:

• Provide and improve our services.

• Communicate with you about enquiries, projects, or support.

• Send you marketing updates, if you’ve opted in.

• Analyse website and campaign performance.

• Meet our legal and regulatory obligations.

3. Sharing Your Information

We do not sell your information.
We may share your information with:

• Trusted service providers who assist us in delivering our services.

• Legal or regulatory authorities if required by law.

All third parties are required to keep your information secure and use it only for the purposes we’ve agreed upon.

4. Cookies & Tracking

Our website may use cookies and similar technologies to improve your browsing experience, understand visitor behaviour, and measure performance. You can disable cookies through your browser settings, though this may affect site functionality.

5. Data Security

We take appropriate technical and organisational measures to protect your information from unauthorised access, misuse, or loss. However, no online system is completely secure, and we cannot guarantee absolute protection.

6. Your Rights

You have the right to:

• Access, correct, or update your information.

• Request deletion of your information (where legally possible).

• Opt out of marketing communications at any time.

7. Contact Us

If you have any questions about this Privacy Policy or how we handle your information, please contact us at: info@fuujin.com.au