Terms & Conditions
These Terms and Conditions govern the relationship between MJM MEDIA ENTERPRISES PTY LTD ABN 84 644 645 198, trading as Booked Out Digital and you. By engaging us to perform a Service, you agree to comply with these Terms. Please read carefully, as they outline our Service offerings, expectations, and commitments to you. Booked Out Digital may modify these Terms and Conditions by general notice on our website, by email, or through other communication channels.
1. Engagement
To engage Booked Out Digital, you may:
- Sign and return a Pricing Structure; or
- Confirm engagement in writing for smaller-scale Services.
Booked Out Digital will notify you of our acceptance of the engagement, which is subject to these Terms and Conditions. Services will commence as per the Service schedule or upon acceptance.
2. Pricing Structure
Our Pricing Structure for Services:
- Is based on the Specifications and may change if Specifications are amended;
- Excludes GST;
- Is valid for 30 days from the date issued, unless otherwise specified by Booked Out Digital.
3. Services
Booked Out Digital offers Services that may include:
- Search Engine Optimisation (SEO)
- Paid Search Advertising
- Display and Social Media Advertising
- Website Development
- Strategic Consulting, Creative, and Analytics
We aim to provide consistent and uninterrupted digital Services; however, electronic Services may be subject to interruption or breakdown. Booked Out Digital will continue to invoice for Services despite disruptions, except where caused by Booked Out Digital's negligence.
4. Hours of Service
Booked Out Digital operates between 8:30 am and 5:30 pm (local time), Monday to Friday, excluding public holidays and any annual shutdown periods.
5. Client-provided Content & Materials
You agree to provide all necessary materials for the Service in a timely manner. This includes, where applicable:
- Text: Microsoft Word or Rich Text format\
- Tables: Microsoft Excel
- Images: High-resolution JPEG or PNG
- Logos and Vector Graphics: Illustrator EPS/AI or JPEG
- Access to your website and associated platforms
You warrant that the materials provided are free from third-party rights breaches and do not compromise our systems' security.
6. Variations & Additional Costs
If Service Specifications change during the engagement, these will be treated as a Variation. Booked Out Digital reserves the right to halt Services to discuss costs associated with the Variation. We will not proceed without written approval from you.
7. purchase of stock content
Unless specified in the Pricing Structure, the Fees exclude any costs for stock images, fonts, photography, audio, or video. If Booked Out Digital procures these on your behalf, you will be charged an Additional Cost upon approval. Ownership of finished media transfers to you upon full payment of issued invoices, although working files remain with Booked Out Digital.
8. purchase of stock content
Your approval may be required for specific items, including:
- Service brief
-Keyword recommendations
- Ad text, targeting, and creative
- Design concepts and variations
Booked Out Digital will not proceed to the next Service stage without your written approval.
9. Service Management
Booked Out Digital may create a production schedule for your project. Timely approval, content, and feedback from you are necessary to meet deadlines.
10. SEO
Our SEO Services may include:
- Keyword research and recommendations
Local SEO report
- On-page SEO analysis and monthly progress reports
Exclusions include:
- Advanced conversion tracking requiring website development
- Ongoing maintenance of backlinks
- Website migration and maintenance
11. Search Engine Advertising
Our Paid Search Advertising may include:
- Keyword research
- Conversion tracking setup
- Ongoing campaign management
Exclusions include:
- Advanced tracking setup requiring development
- Website privacy policy creation
We utilise professional accounts to manage advertising platforms; however, account setup access may be needed.
12. Display Advertising
Our Display Advertising Services may include banner creation, audience targeting, and monthly reports. Exclusions are as above.
13. Social Media Advertising
Services may include the setup and optimisation of social media ads. Exclusions include community management and integration with third-party platforms.
14. Website Development
Our Website Development includes content creation, formatting, draft previews, and 3 structured revision rounds.
15. Strategy, creative & analytics
These Services may include audits, strategy development, reputation management, and tracking solutions.
16. Archiving / Retrieval
Booked Out Digital will make reasonable efforts to archive electronic files used in your Service. However, future retrieval is not guaranteed.
17. Disbursements
Disbursement charges are additional to the Fees. Booked Out Digital will seek your approval before incurring these charges.
18. Limitation of liability
To the fullest extent permissible by law, our liability is limited to the amounts paid by you for the Service, and we do not guarantee the success of any campaign.
19. Indemnity
You agree to indemnify Booked Out Digital for any losses arising from breach of these Terms or third-party claims.
20. Intellectual Property
Intellectual Property Rights remain with Booked Out Digital. You are granted a limited, non-transferable license to use Service Intellectual Property for the purpose agreed upon.
21. Confidentiality
Both parties agree to keep confidential information private, only disclosing it as required by law.
22. Fees & Payment
Payment is due per our Pricing Structure and any additional approved costs. Payment terms are 7 days from the invoice date. Booked Out Digital reserves the right to suspend services for overdue accounts.
23. GST
Fees and costs exclude GST, which will be added at the prevailing rate.
24. Duration & Termination
This agreement remains in effect for the Service’s duration and renews automatically unless terminated in writing. Each party may terminate for material breaches or insolvency.
25. Dispute Resolution
If a dispute arises, parties will negotiate in good faith to resolve it before commencing litigation.
26. General
- This agreement does not create an employment, agency, or partnership relationship.
- Any provision deemed illegal or unenforceable will be severed without affecting the remainder.
27. Governing Law
This agreement is governed by the laws of Queensland, Australia, and parties submit to its exclusive jurisdiction.
.png)