Terms of service

These terms apply to our website and to the services we provide. A signed proposal or service agreement takes priority over these terms if the two differ.

1. About us

HypeUp Marketing is a division of Prestige United Ventures Pty Ltd (ABN 21 602 137 217). In these terms, “we”, “us” and “our” mean Prestige United Ventures Pty Ltd trading as HypeUp Marketing, and “you” means the person or business using our website or services.

2. Using our website

You may use our website for lawful purposes only. Content on the website, including text, graphics and logos, belongs to us or our licensors and may not be copied for commercial use without our permission. Information on the website is general in nature and is not tailored advice for your business.

3. Quotes and scope

Prices on our website are starting prices. Before we start work, we provide a written proposal or quote that sets out the scope, deliverables, fees and timing. Work outside the agreed scope is quoted separately before we do it.

4. Fees, GST and payment

• All fees are in Australian dollars and exclude GST, which is added to our invoices.
• Invoices are payable by the due date shown on the invoice.
• We may pause work on overdue accounts after giving you notice.

5. Ad spend and third-party costs

Advertising spend is paid by you directly to the ad platforms (such as Google, Meta and LinkedIn) at actual cost. Software subscriptions and usage, such as calls, SMS and AI minutes, are billed separately at cost. Third-party providers set their own prices and terms, which may change.

6. Your responsibilities

• Provide accurate information, content and approvals on time, so we can meet the agreed schedule.
• Make sure content you supply does not infringe anyone else’s rights.
• Comply with the laws that apply to your marketing, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Australian Consumer Law, for example by having consent to contact the people in your database.
• Comply with call-recording and surveillance laws if you record calls or use an AI receptionist, including telling callers when a call is recorded.
• Keep login details for systems we set up for you secure.

7. Ownership

Once our fees for a deliverable are paid in full, you own the final deliverables we create specifically for you, such as your website content, designs and automations. You own your ad accounts, data and contact lists at all times. We keep ownership of our pre-existing tools, templates and know-how, and grant you a licence to use any that form part of your deliverables. We may show completed work in our portfolio unless you ask us not to.

8. Results

We will provide our services with due care and skill. Marketing results depend on factors outside our control, such as search engine and platform algorithms, competition and market conditions, so we do not guarantee specific rankings, leads or sales.

9. Ongoing services and cancellation

Monthly services continue until cancelled. Either party may cancel a monthly service by giving the notice period set out in your proposal. Fees for work already completed, and third-party costs already committed, remain payable.

10. Consumer guarantees and liability

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. To the extent permitted by law, our liability for any claim relating to our services is limited to supplying the services again or paying the cost of having them supplied again, and we are not liable for indirect or consequential loss, including lost profits.

11. Confidentiality and privacy

We keep your confidential information confidential and use it only to provide our services. We handle personal information in line with our privacy policy.

12. Governing law

These terms are governed by the laws of New South Wales, Australia, and the parties submit to the courts of that state.

13. Changes to these terms

We may update these terms from time to time. The current version is always on our website, with the date it was last updated. Changes apply to work quoted after the update and do not change a signed proposal or service agreement already in place, unless we both agree in writing.

14. Contact us

HypeUp Marketing, a division of Prestige United Ventures Pty Ltd (ABN 21 602 137 217)
Email: hello@hypeupmarketing.com.au