Terms of Service

Last updated: March 2026

1. Agreement to Terms

These Terms of Service govern your access to and use of the SKRT website at skrt.com.au and your engagement of any services offered by SKRT. By accessing the website, submitting an enquiry, booking a discovery call, accepting a proposal, signing a statement of work, paying an invoice, or otherwise instructing SKRT to begin work, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company, trust, partnership, or other entity, you represent and warrant that you have full authority to bind that entity to these Terms. In that case, references to you and Client mean both that entity and the individual acting on its behalf.

These Terms apply to all visitors, users, prospects, and clients of SKRT unless SKRT agrees otherwise in writing. SKRT may update these Terms from time to time by publishing an updated version on its website. The updated version takes effect from the date it is published. Continued use of the website or continued engagement of SKRT after that date constitutes acceptance of the updated Terms.

Where SKRT issues a proposal, scope of work, statement of work, engagement letter, invoice, or other written commercial document, that document forms part of the agreement between SKRT and the Client. If there is any inconsistency between these Terms and an accepted proposal or statement of work, the accepted proposal or statement of work will prevail to the extent of the inconsistency.

2. Services, Scope, and Discovery Process

SKRT provides brand and growth strategy consulting and related services, including strategy, branding, website and digital platform development, digital marketing, launch support, and ongoing strategic partnership services.

The precise scope of services, deliverables, inclusions, exclusions, pricing, timing, milestones, and payment structure for each engagement will be set out in the applicable proposal, statement of work, or other written agreement issued by SKRT. Unless expressly stated otherwise in writing, any timing estimate, launch target, sequencing plan, or delivery date given by SKRT is an estimate only and may change where the scope changes, the Client delays approvals or information, or third-party suppliers or platforms affect delivery.

Discovery calls are complimentary introductory consultations offered at SKRT's discretion. They are intended to help both parties assess suitability, strategic fit, and next steps. A discovery call does not create a binding service agreement, does not oblige either party to proceed, and does not reserve time, resources, or production capacity for any prospective project.

Information shared during a discovery call will be treated by SKRT as confidential, subject to clause 7. However, the Client acknowledges that any comments, observations, or high-level recommendations made during a discovery call are preliminary in nature, are based only on the information available at that time, and should not be relied on as final advice, implementation instructions, or a guarantee of commercial outcomes.

SKRT may use employees, contractors, specialist consultants, and third-party suppliers to perform or support the services, provided SKRT remains responsible for the overall coordination of the services in accordance with the applicable engagement terms.

SKRT reserves the right, in its sole discretion, to decline any enquiry or engagement, including where SKRT considers the fit unsuitable, the timeline unrealistic, the subject matter inappropriate, the instructions misleading or unlawful, or the proposed use of the services inconsistent with SKRT's standards or values.

3. Client Responsibilities, Cooperation, and Approvals

The Client must provide all information, materials, access, instructions, content, credentials, approvals, feedback, and personnel reasonably required by SKRT to perform the services. The Client warrants that all information and materials supplied to SKRT are accurate, complete, lawful, and up to date.

The Client acknowledges that SKRT's ability to perform the services depends on timely cooperation from the Client. Any delay in approvals, responses, access, content, assets, instructions, or decisions may delay delivery, affect outcomes, change production scheduling, and require SKRT to reallocate resources or revise timeframes and fees.

The Client is responsible for reviewing all deliverables, content, copy, branding, campaigns, websites, packaging, automations, and other outputs before they are published, launched, printed, distributed, or otherwise used. SKRT is entitled to rely on any approval given by the Client or its authorised representative.

Unless otherwise stated in the applicable proposal or statement of work, the Client must provide approval feedback within 7 days of SKRT submitting the relevant deliverable, milestone, or review item. If the Client does not provide approval, rejection, or consolidated feedback within that period, SKRT may treat the relevant item as approved for the purposes of progressing the engagement, invoicing the next stage, rescheduling work, or closing out that stage of the project.

The Client must provide all requested revisions, feedback, and change instructions in one written and consolidated lot, either by email or by comments in the format requested by SKRT for the relevant deliverable. SKRT is not required to action piecemeal, fragmented, verbal, or rolling feedback provided across multiple channels unless it agrees otherwise in writing.

4. Changes, Revisions, and Variations

Unless otherwise negotiated before payment and specifically set out in the applicable proposal, one round of changes is included by default in the fees for the relevant deliverable or project stage.

The included round of changes must be requested by the Client in a single written lot, in the format requested by SKRT, within 7 days of the relevant deliverable being issued for review. If the Client submits changes after that 7-day period, requests further revisions beyond the included round, reopens previously approved work, or changes the direction, scope, assumptions, strategy, design, copy, structure, functionality, or deliverables, SKRT may treat that request as an additional variation.

Any such additional revisions or changes will be charged at the greater of:
1. 20% of the total project value; or
2. $200 per hour.

For the purposes of this clause, project value means the total fees payable for the relevant project, stage, or deliverable to which the changes relate, as reasonably determined by SKRT.

If the Client requests a change to the agreed scope, SKRT may issue a revised proposal, re-quote, or change request setting out revised fees, timing, and deliverables. SKRT is not obliged to commence changed or additional work until that variation has been approved and any required payment has been made. If the Client does not accept the revised scope, the Client remains responsible for payment for all work completed, committed, booked, or incurred by SKRT up to the date the revised scope is declined or the engagement ends.

5. Fees, Payment, and Third-Party Costs

All fees, deposits, instalments, and payment milestones are as set out in the applicable proposal, statement of work, or invoice. Unless otherwise stated in writing, all prices are in Australian Dollars (AUD) and are exclusive of GST.

Most SKRT clients pay directly through their proposal using a business credit card. Where the proposal or statement of work provides for online acceptance and payment, the Client authorises SKRT to process the fees in accordance with the selected payment option, payment schedule, or instalment structure. If the Client prefers to pay by bank transfer, the Client may request an invoice by emailing accounts@skrt.com.au. Where SKRT issues an invoice that refers to, attaches, or is stated to be issued in accordance with a proposal or statement of work, payment of that invoice constitutes acceptance of the relevant proposal or statement of work, together with these Terms, whether or not the proposal or statement of work has been separately signed or accepted online.

Unless otherwise agreed in writing, full payment is required before work commences. If SKRT agrees to staged billing, recurring invoices, or deferred payment milestones, each amount must be paid by the due date stated in the relevant proposal, statement of work, or invoice. If no other due date is stated, invoices are payable within 14 days of issue.

The Client is responsible for all external or third-party costs associated with the services unless the applicable proposal expressly states otherwise. This includes, without limitation, advertising spend, media budgets, hosting, domains, software subscriptions, plugins, templates, stock assets, photography, videography, printing, packaging, developers, contractors, influencers, media buying costs, fulfilment, freight, warehousing, 3PL costs, merchant fees, and platform usage fees.

Where SKRT pays third-party costs on the Client's behalf, the Client must reimburse SKRT on demand or in accordance with the applicable proposal or invoice. SKRT may require those costs to be paid upfront before placing orders, making bookings, or commencing external work.

Overdue amounts may incur interest at 2% per month, calculated daily from the due date until paid in full. SKRT may suspend meetings, strategy work, design work, development work, marketing activity, platform access, file delivery, or any other services while an account remains overdue. Repeated or material non-payment entitles SKRT to suspend or terminate the engagement immediately by written notice.

The Client is responsible for any reasonable costs incurred by SKRT in recovering overdue amounts, including administrative costs, merchant reversal costs, and third-party debt recovery or legal costs on a full indemnity basis to the extent permitted by law.

The Client must not set off, deduct, or withhold payment on the basis of any claim, dispute, or alleged defect unless required by law. If the Client disputes an invoice, it must notify SKRT in writing within 7 days of the invoice date, identifying the disputed amount and the reasons for the dispute. Any undisputed portion must still be paid on time.

6. Intellectual Property, Licence, and Portfolio Rights

All content, materials, branding, copy, text, graphics, logos, images, website content, documents, know-how, processes, templates, frameworks, and methodologies used by or appearing on the SKRT website, including the Infin8 System, are and remain the property of SKRT or its licensors. Nothing in these Terms transfers ownership of any SKRT intellectual property to the Client.

The Client retains ownership of pre-existing materials, trade marks, content, data, and other intellectual property supplied by the Client to SKRT for the purposes of the engagement. The Client grants SKRT a non-exclusive, royalty-free licence to use, reproduce, adapt, and communicate those materials to the extent reasonably necessary for SKRT to provide the services.

Unless otherwise expressly agreed in writing, SKRT retains ownership of all pre-existing intellectual property, concepts, proposals, strategic frameworks, systems, processes, working files, drafts, source files, internal methodology, internal tools, internal automations, and underlying know-how developed, used, or supplied in connection with the services. Upon full payment of all amounts due under the relevant engagement, SKRT grants the Client a non-exclusive, non-transferable licence to use the final deliverables created specifically for that Client for the Client's own internal business and brand purposes.

No licence is granted to use any unpaid-for work, draft work, rejected concepts, internal strategy tools, proprietary systems, source files unless expressly included, working files unless expressly included, or the Infin8 System itself. Until all outstanding amounts are paid in full, SKRT may withhold final deliverables, disable access to digital assets under SKRT's control, suspend platform access arranged by SKRT, or revoke any permission to use work product to the extent permitted by law.

The Client warrants that any materials it supplies to SKRT do not infringe the rights of any third party and that it has all rights, licences, consents, and approvals necessary for SKRT to use those materials in providing the services. The Client indemnifies SKRT against any claim, loss, liability, or cost arising from a breach of that warranty.

Unless the Client has expressly required confidentiality in writing before publication, SKRT may identify the Client relationship and reference the engagement, deliverables, and non-confidential results in proposals, credentials, case studies, awards submissions, social content, and other marketing materials, provided SKRT does not disclose confidential commercial details that are not otherwise public.

7. Confidentiality and Information Handling

Each party must keep confidential all non-public, proprietary, commercially sensitive, or confidential information disclosed by the other party in connection with the website, discovery process, proposal process, or services, including business plans, financial information, strategic documents, customer information, pricing, credentials, intellectual property, and trade secrets.

A receiving party may only use confidential information for the purpose of assessing, performing, or enforcing the relevant engagement and must take reasonable steps to protect that information from unauthorised access, disclosure, copying, or misuse.

The confidentiality obligations in this clause do not apply to information that is already in the public domain other than through breach of these Terms, was lawfully known to the receiving party before disclosure, is lawfully received from a third party without restriction, or is required to be disclosed by law, court order, or regulatory authority. Where disclosure is legally required, the receiving party must, where lawful and practicable, notify the disclosing party first.

SKRT may store and use Client contact details, project communications, billing details, and engagement records for the purposes of managing the relationship, providing services, issuing invoices, collecting payment, maintaining internal records, and protecting its legal and commercial interests.

These confidentiality obligations survive termination of the engagement.

8. Warranties, Disclaimers, and Third-Party Platforms

SKRT will provide its services with reasonable care and skill and in accordance with the scope agreed in writing. Except to the extent required by law, SKRT gives no representation, warranty, or guarantee that the services will produce any particular commercial, branding, operational, marketing, lead generation, revenue, sales, ranking, launch, or growth outcome.

The Client acknowledges that SKRT's services involve strategy, creativity, implementation support, and commercial advice, and that outcomes depend on numerous factors outside SKRT's control. Those factors include market conditions, timing, customer response, competition, pricing, budget, operational execution, sales capability, internal decision-making, legal compliance, platform changes, media performance, supplier performance, and the Client's implementation of recommendations.

Any estimates, projections, examples, launch timeframes, performance commentary, or commercial observations supplied by SKRT are indicative only unless expressly stated otherwise in writing.

Where the services involve or depend on third-party platforms, software, suppliers, contractors, manufacturers, printers, developers, fulfilment providers, ad platforms, search engines, payment gateways, social platforms, or other external providers, the Client acknowledges that SKRT does not control those third parties and is not responsible for their acts, omissions, outages, price changes, policy changes, suspensions, delays, failures, removals, account issues, or performance.

The Client is solely responsible for reviewing and approving all final deliverables before use and for obtaining any independent legal, accounting, tax, regulatory, compliance, or technical advice required for the Client's business, industry, products, claims, offers, packaging, advertising, or operations.

The SKRT website is provided on an as is and as available basis. To the maximum extent permitted by law, SKRT does not warrant that the website will be uninterrupted, error-free, secure, or free from viruses or other harmful code, or that website content will always be current, complete, or suitable for a particular purpose.

9. Liability, Indemnities, and Force Majeure

To the maximum extent permitted by law, SKRT excludes all liability for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings, loss of data, business interruption, reputational damage, wasted expenditure, or any loss arising from third-party platform changes, third-party supplier failures, delayed approvals, incomplete information, the Client's implementation decisions, changes in scope, or events outside SKRT's reasonable control, whether arising in contract, tort, equity, statute, or otherwise.

To the maximum extent permitted by law, SKRT has no liability whatsoever arising out of or in connection with the website, any discovery call, any proposal, any delay, any third-party provider, or any services supplied by SKRT.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under applicable law. Where liability cannot be excluded, SKRT's liability is limited, at SKRT's option and to the fullest extent permitted by law, to re-supplying the relevant services or paying the cost of having those services re-supplied.

The Client indemnifies SKRT and its directors, officers, employees, contractors, and agents against any claim, demand, liability, loss, damage, cost, or expense arising out of or in connection with the Client's materials, the Client's products or services, the Client's instructions, the Client's misuse of deliverables, the Client's breach of these Terms, or any unlawful, misleading, infringing, or non-compliant matter supplied, approved, published, or implemented by the Client.

SKRT is not responsible for any delay, failure, or inability to perform caused by events beyond its reasonable control, including supplier shortages, contractor unavailability, freight delays, internet or hosting outages, cyber incidents, industrial disputes, natural events, illness, government action, platform suspension, software failure, power interruption, or force majeure events. In those circumstances, SKRT may extend timeframes, suspend performance, change sequencing, or terminate the affected engagement without liability.

The Client acknowledges that this clause is a fundamental basis on which SKRT makes the website and services available and that SKRT would not do so on the same terms without these liability exclusions, indemnities, and limitations.

10. Suspension, Termination, and Effect of Termination

Either party may terminate an engagement in accordance with the relevant proposal or statement of work. If the relevant engagement document does not include termination provisions, either party may terminate the engagement by giving 30 days' written notice to the other party.

SKRT may suspend or terminate an engagement immediately by written notice if the Client fails to pay any amount when due, commits a material breach of these Terms or the applicable engagement document, fails to provide required cooperation, provides misleading or unlawful instructions, or engages in conduct that makes continued performance by SKRT unreasonable, unsafe, or commercially impractical.

Termination or suspension does not affect any accrued rights, payment obligations, or remedies of either party. On termination, the Client must immediately pay all fees, expenses, third-party costs, approved variations, work in progress, reserved production time, and non-cancellable commitments incurred or entered into by SKRT up to the termination date.

SKRT is only required to deliver completed and paid-for work product. SKRT may retain draft work, internal files, source files, strategic working materials, credentials under its control, and any unpaid deliverables until all amounts owing have been paid in full. Any licence granted under clause 6 automatically ceases to the extent that it relates to unpaid work.

If an engagement is paused, delayed, or abandoned by the Client, SKRT may reschedule the work subject to availability and may require a revised timeline, revised proposal, restart fee, or additional payment before recommencing the services.

11. Contact Us

Nothing in these Terms creates a partnership, joint venture, fiduciary relationship, agency, employment relationship, or exclusivity arrangement between SKRT and the Client.

These Terms and any dispute arising out of or in connection with them, the website, any proposal, any discovery call, or any services supplied by SKRT are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

If any provision of these Terms is held to be invalid, unenforceable, or illegal, that provision will be read down to the extent necessary or, if it cannot be read down, severed, and the remaining provisions will continue in full force and effect.

A failure or delay by SKRT to exercise any right under these Terms does not operate as a waiver of that right. Any waiver must be in writing.

The Client must not assign, transfer, novate, or otherwise deal with any of its rights or obligations under these Terms without SKRT's prior written consent. SKRT may assign or subcontract its rights or obligations under these Terms at its discretion.

Any notice or other communication given under these Terms must be in writing and sent to the contact details specified in the applicable proposal, invoice, or these Terms, as updated from time to time.

These Terms, together with any accepted proposal, statement of work, or other written engagement document issued by SKRT, constitute the entire agreement between the parties in relation to their subject matter and supersede all prior discussions, representations, negotiations, and understandings to the extent permitted by law.

If you have any questions about these Terms, proposals, invoices, or payment arrangements, you may contact SKRT using the details below.

For questions about these Terms, please contact us at: hello@skrt.com.au or accoutns@skrt.com.au