These Terms and Conditions ("Terms") constitute a legally binding agreement between Skinner Advisory Group Limited (trading as The Agency Alternative, "we", "us", "our") and the client ("you", "your") who engages our services.
By engaging our services, signing a proposal or service agreement, or making a payment to us, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not engage our services.
Company: Skinner Advisory Group Limited · Reg. No.: 80327757
Address: Unit 1603, 16/F The L. Plaza, 367–375 Queen's Rd Central, Sheung Wan, Hong Kong
Trading as: The Agency Alternative
These Terms apply to all services we provide, including but not limited to Google Ads management, Meta Ads management, Google Business Profile optimisation, SEO & AI Visibility, and AI Lead Magnet development.
We provide performance marketing and digital advertising services as described in the relevant service proposal or agreement provided to you prior to engagement. The specific scope of services, deliverables and timelines will be set out in your individual service agreement or proposal.
We reserve the right to modify, update or improve our services at any time. We will notify you of any material changes to the services you are receiving with reasonable notice. Minor updates, platform improvements and process refinements do not constitute a material change.
We may engage subcontractors or third-party specialists to assist in delivering services. We remain responsible for the quality and delivery of services regardless of any subcontracting arrangements.
Our service fees are as set out in your individual proposal or service agreement. Fees are quoted in Australian Dollars (AUD) unless otherwise stated. We reserve the right to update our pricing with 30 days written notice.
Unless otherwise agreed in writing:
Invoices are due within 7 days of issue unless otherwise agreed. Overdue invoices may attract a late payment fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services for accounts that are more than 14 days overdue without prior written resolution.
Due to the nature of digital marketing services, all fees paid are generally non-refundable once work has commenced. In exceptional circumstances, we may at our sole discretion offer a pro-rata refund for services not yet delivered. Advertising spend paid directly to Google or Meta is subject to those platforms' own refund policies and is not refundable by us.
To enable us to deliver services effectively, you agree to:
Delays caused by your failure to meet these obligations may affect timelines and deliverables. We are not liable for underperformance caused by client delays, lack of access or failure to provide required materials.
Upon full payment of all fees due, you own the deliverables specifically created for you under this engagement, including ad copy, landing page code, campaign structures and creative assets produced by us on your behalf.
We retain all intellectual property rights in our pre-existing materials, methodologies, systems, frameworks, tools, templates and know-how. Your use of our services does not grant you any rights to our underlying IP beyond what is necessary to receive the services.
Where services involve the use of stock imagery, third-party fonts, software or licensed content, you are responsible for ensuring appropriate licences are in place for your intended use.
During the engagement, we grant you a non-exclusive, non-transferable licence to use any deliverables we produce solely for your business purposes. This licence is contingent on all fees being current and paid.
Both parties acknowledge that in the course of this engagement, each may receive or have access to confidential information belonging to the other, including but not limited to: business strategies, financial data, client lists, campaign data, pricing, trade secrets and technical information ("Confidential Information").
Each party agrees to:
These obligations survive termination of our engagement for a period of 3 years.
Unless you specifically request otherwise in writing, we reserve the right to reference you as a client and describe general results achieved (without disclosing specific confidential data) in our marketing materials, website, proposals and case studies.
Important: Digital marketing results are inherently variable. Past performance and case study results do not guarantee future outcomes. Campaign performance is affected by many factors outside our control.
We make no guarantee of specific results, including but not limited to: a specific number of leads, calls, conversions, revenue, return on ad spend (ROAS), search rankings or Maps positions. While we apply best-practice strategies and work diligently on your behalf, the following factors can significantly affect outcomes:
We will always act in your best interests and apply our expertise diligently. However, you acknowledge that engaging our services does not guarantee any specific commercial outcome.
To the maximum extent permitted by applicable law:
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
You agree to indemnify, defend and hold harmless Skinner Advisory Group Limited, its directors, officers, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
Our services operate on a month-to-month basis unless a fixed-term agreement is in place. Either party may terminate month-to-month services with 30 days written notice. Notice must be provided in writing to the email addresses on file.
Where a fixed-term agreement is in place, early termination by the client may result in a cancellation fee equal to the remaining months of the agreed term, at the discretion of both parties.
We may terminate services immediately and without notice if you:
On termination, all fees due up to the date of termination remain payable. We will return access to all platforms and assets that belong to you within 5 business days of termination. Confidentiality obligations and any provisions that by their nature should survive, shall survive termination.
These Terms are governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. Both parties submit to the non-exclusive jurisdiction of the courts of Hong Kong for the resolution of any disputes.
Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation. Either party may initiate this process by providing written notice to the other describing the nature of the dispute and the outcome sought.
If a dispute cannot be resolved through negotiation within 30 days of written notice, the parties may agree to mediation or arbitration as an alternative to court proceedings.
Nothing in these Terms limits any rights you may have under applicable Australian consumer protection legislation, including the Australian Consumer Law (ACL), to the extent those rights cannot be excluded by contract.
These Terms, together with any proposal, service agreement or statement of work provided to you, constitute the entire agreement between the parties and supersede all prior discussions, representations and agreements relating to the subject matter.
We may update these Terms from time to time. Material changes will be communicated with 30 days written notice. Continued use of our services after that notice period constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.
No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver must be in writing and signed by the waiving party to be effective.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliated entity or in connection with a merger, acquisition or sale of assets, with notice to you.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to: natural disasters, government actions, platform outages, internet disruptions, pandemics or other force majeure events. The affected party must notify the other as soon as practicable.
For any questions about these Terms, to provide notice of termination, or to raise a dispute, please contact us:
The Agency Alternative
Skinner Advisory Group Limited · Reg. No. 80327757
Unit 1603, 16/F The L. Plaza, 367–375 Queen's Rd Central
Sheung Wan, Hong Kong
Email: [email protected]
Website: theagencyalternative.com