Terms of Service
Healey Commerce
| Last Updated | 9/04/2026 |
| Effective Date | 9/04/2026 |
| Business | Healey Commerce |
| Contact | contact@healeycommerce.com.au |
| Jurisdiction | Australia |
| Please read these Terms carefully. By submitting an application, signing a Service Agreement, or making payment to Healey Commerce, you agree to be bound by these terms. |
1. Acceptance of Terms
By accessing healeycommerce.com.au, submitting an enquiry or application form, entering into a Service Agreement, or making any payment to Healey Commerce, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree, you must not engage our services. These terms apply to all clients, prospective clients, and website visitors.
2. About Us
Healey Commerce is an Australian performance marketing and eCommerce agency providing Meta advertising management, website design and development, and related digital marketing services.
Business: Healey Commerce
Location: Australia
Contact: contact@healeycommerce.com.au
3. Services
Healey Commerce offers the following services as agreed in writing via a Proposal or Service Agreement:
(a) Meta Ads Management — strategy, campaign setup, media buying, creative briefing, optimisation, and reporting.
(b) Website Design & Development — Shopify stores, landing pages, and eCommerce websites.
(c) Creative Strategy — ad creative ideation, copywriting, and performance analysis.
(d) Conversion Rate Optimisation (CRO) — analysis and recommendations to improve website conversion rates.
Any services not included in the written Proposal or Service Agreement are out of scope and will be quoted separately.
4. Fees, Payment & Billing
4.1 All fees are in Australian Dollars (AUD) inclusive of GST (10%) unless stated otherwise.
4.2 Retainer fees are invoiced monthly in advance. Project fees are invoiced per the payment schedule in the relevant Proposal.
4.3 Invoices are due within 7 days of the invoice date unless otherwise agreed in writing.
4.4 Late payments may incur a fee of 2% per month on the outstanding balance.
4.5 Healey Commerce may pause or suspend services if payment is not received within 14 days of the due date.
4.6 All deposits are non-refundable once work has commenced.
4.7 Ad spend is paid directly by the client to Meta. Healey Commerce does not hold or manage client ad budgets unless explicitly agreed in writing.
5. Performance & Results
5.1 Healey Commerce will apply professional skill and reasonable commercial efforts to achieve agreed performance targets.
5.2 Advertising results are influenced by factors outside Healey Commerce’s control, including Meta algorithm changes, market conditions, seasonality, product quality, pricing, and website performance.
5.3 No specific outcome, ROAS, revenue, or return on investment is guaranteed unless explicitly stated in writing.
5.4 The client acknowledges that digital advertising involves inherent risk and past performance does not guarantee future results.
6. Client Responsibilities
6.1 The client agrees to provide timely access to all accounts, assets, and information required to deliver the services, including Meta Business Manager, Shopify, and brand assets.
6.2 The client agrees to provide feedback within 5 business days. Client-caused delays may affect timelines without penalty to Healey Commerce.
6.3 The client warrants that all products, services, and advertising content comply with Meta’s Advertising Policies and all applicable Australian laws, including the Australian Consumer Law.
6.4 The client is responsible for maintaining sufficient ad budget to pursue agreed campaign objectives.
7. Intellectual Property
7.1 Upon receipt of full payment, all creative assets produced specifically for the client become the client’s property.
7.2 Healey Commerce retains ownership of all proprietary methodologies, frameworks, processes, and templates.
7.3 The client grants Healey Commerce a non-exclusive licence to use the client’s brand assets solely for delivering the agreed services.
7.4 Healey Commerce may reference the client as a case study or in its portfolio unless the client requests otherwise in writing within 14 days of commencement.
8. Confidentiality
8.1 Both parties agree to keep confidential all proprietary business information, financial data, strategies, and trade secrets shared in connection with the engagement.
8.2 This obligation survives termination for 2 years.
8.3 Confidential information excludes information that is publicly known, independently developed, or required to be disclosed by law.
9. Term & Termination
9.1 Ongoing retainer engagements operate on a rolling monthly basis with 30 days written notice required to terminate.
9.2 Project engagements conclude upon delivery and final payment.
9.3 Healey Commerce may terminate immediately for non-payment (14+ days overdue), material breach of these terms, or unlawful or abusive conduct by the client.
9.4 All fees incurred up to and including the termination date remain payable.
10. Limitation of Liability
10.1 To the maximum extent permitted by Australian law, Healey Commerce’s total liability shall not exceed the total fees paid by the client in the 3 months preceding the event giving rise to the claim.
10.2 Healey Commerce is not liable for indirect, consequential, incidental, or punitive loss, including loss of profits or data.
10.3 Nothing in these terms limits liability for fraud, gross negligence, or liability that cannot be excluded under Australian law.
10.4 The Australian Consumer Law may provide certain non-excludable rights. These terms do not limit those rights.
11. Dispute Resolution
11.1 Disputes must first be raised in writing. Both parties will attempt to resolve via good-faith negotiation within 14 days.
11.2 If unresolved, either party may refer the matter to mediation before a mutually agreed mediator.
11.3 If mediation fails, either party may pursue legal remedies through the courts of the applicable Australian state or territory.
12. Governing Law
These Terms are governed by the laws of Australia. Both parties submit to the non-exclusive jurisdiction of the Australian courts.
13. Changes to These Terms
Healey Commerce may update these Terms from time to time. Updated terms will be posted on our website with the revised date. Continued use of services after changes constitutes acceptance. Active clients will receive at least 14 days email notice of material changes.
14. Contact
For questions about these Terms:
Healey Commerce
contact@healeycommerce.com.au
Australia
Note: These terms are a starting point for general business use. Healey Commerce recommends having them reviewed by a qualified Australian commercial solicitor before publishing.