Legal

Terms of Service Agreement

This Terms of Service Agreement (the “Agreement”) sets out the terms and conditions on which you (the “Client”) have engaged Possum SEO to perform certain Services as outlined below. This is a legally binding agreement between you and Possum SEO. By becoming a Possum SEO Client, you agree to be legally bound by these terms and conditions. The “Effective Date” of this Agreement is the date on which you make the first payment for Services to Possum SEO. These Terms apply to any and all parties that have engaged Possum SEO in any capacity for any of their Services.

1. About Us

Possum SEO is a digital marketing consultancy operated by Nirav Shah (ABN: 68 015 240 868), trading as Possum SEO, an Australian sole trader based in Melbourne, Victoria, Australia.

Contact: [email protected]  |  0430 597 003  |  Melbourne, VIC, Australia

2. Services

2.1 Possum SEO offers digital marketing services specialising in search engine optimisation (“SEO”), Google Ads management (“PPC” or “Pay Per Click”), WordPress web design and development, AI automation consulting and implementation, and related digital marketing services (collectively, the “Services”).

2.2 Possum SEO provides SEO services to the Client for mutually agreed keywords and prices as agreed between the parties before the commencement of this Agreement.

2.3 Possum SEO provides Google Ads (PPC) services to the Client for mutually agreed ads and keywords at a price agreed between the parties before commencement. Your advertising budget is paid directly by you to Google. Possum SEO’s management fee does not include ad spend and no mark-ups are applied to your advertising budget.

2.4 The specific scope, deliverables, timeline, and fees for each engagement will be confirmed in writing prior to commencement via a separate Proposal or Letter of Agreement. These Terms apply to all such engagements.

2.5 The Client authorises Possum SEO to appoint agents and/or contractors from time to time to assist in the provision of Services under this Agreement.

2.6 Possum SEO reserves the right to refuse any project at its sole discretion.

3. Possum SEO’s Obligations

3.1 Possum SEO will provide Services to the Client in accordance with its standard policies and procedures and with reasonable care, skill, and diligence in accordance with good industry practice.

3.2 Possum SEO reserves the right to reject Clients or terminate engagements for any reason at its sole discretion.

3.3 All Possum SEO rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply. Possum SEO may change its rules, policies, and operating procedures from time to time in its sole discretion.

4. Reports and Activities

4.1 Possum SEO’s SEO link-building activities (“off-page optimisation”) are confidential and proprietary. Possum SEO does not disclose these activities in detail. However, to provide transparency about campaign progress, Possum SEO provides access to ranking reports and/or monthly website performance reports where applicable.

4.2 Monthly Website Performance Reports are only applicable to Clients whose Proposal explicitly states this as a deliverable.

4.3 Clients who have engaged “one-off” services are not entitled to monthly reporting, meetings, consultations, or support unless explicitly stated in written correspondence.

4.4 Clients who have purchased an SEO Setup Package are not entitled to Website Performance Reports or any other reports except confirmation of tasks completed as part of that package.

4.5 Clients who have engaged Possum SEO for any Service without a Letter of Agreement or Proposal being submitted are not entitled to receive any reports or deliverables unless explicitly stated in written correspondence.

4.6 Possum SEO provides results-based services. All reporting relates to outcomes achieved. Possum SEO’s methods for achieving results are confidential and proprietary. These methods, back-end processes, and activities are not reportable to the Client. Hours worked on the Client’s project are not reportable to the Client.

5. Fees and Payment

5.1 All fees for Services provided to the Client are due for full payment in advance of the provision of Services.

5.2 For all ongoing Services, the first payment must be made in full prior to the designated Campaign Launch Date, which marks the beginning of the Client’s monthly Billing Cycle. Thereafter, all monthly payments must be made in full prior to the start of each following Billing Cycle, until both parties agree to cancel via written communication.

5.3 The Client must ensure that full payment is made prior to commencement of the upcoming Billing Cycle.

5.4 The Client may make payments by bank transfer or credit card. For payments by credit card, a surcharge of 2% will apply.

5.5 If the Client provides Possum SEO with credit card information, the Client authorises Possum SEO to automatically charge their credit or debit card for charges that apply to the Client’s account. Recurring charges will be posted until such time as the Client cancels Possum SEO’s service.

5.6 For credit card payments, Possum SEO will attempt to charge the Client’s credit card on the monthly anniversary date of the Client first ordering services.

5.7 All invoiced fees must be received by 5 pm AEST on the stipulated due date shown on the invoice.

5.8 Charges not paid by the due date may result in suspension of Services until full payment is received.

5.9 Possum SEO reserves the right to suspend a Client’s Services if payment has not been received within 15 days of the start of the Client’s Billing Cycle.

5.10 Any unpaid invoices may be referred to a collection agency after 14 days from the due date.

5.11 All fees are non-refundable unless otherwise required by the Australian Consumer Law.

6. Cancellation and Termination

6.1 A minimum of 30 days’ written notice must be given to Possum SEO to terminate ongoing services, unless both parties agree in writing to a different cancellation period.

6.2 Cancellations become effective on the day they are processed by Possum SEO. The Client will be notified of the cancellation via email.

6.3 Either party may terminate the Agreement immediately by written notice if the other party is in material breach and fails to remedy the breach within 14 days of written notice, or becomes insolvent, bankrupt, enters administration, or ceases to carry on business.

6.4 For project-based engagements terminated without cause before completion, the Client remains liable for fees for work completed to date.

7. Client Responsibilities

7.1 The Client agrees to:

• Provide Admin-level access to their website and relevant accounts as required
• Provide accurate and complete information about their business
• Provide timely feedback and approvals where required
• Ensure they hold all necessary rights and licences to materials they provide to Possum SEO
• Share their website URL, keywords, website design, and/or social media profile URLs created or managed by Possum SEO on Possum SEO marketing materials (such as websites, proposals, and portfolio examples)

7.2 Delays in providing materials, approvals, or access may affect delivery timelines. Possum SEO is not responsible for delays caused by the Client’s failure to meet their obligations.

7.3 The Client remains responsible for the ongoing security and integrity of their own software, website, networks, and systems.

8. Intellectual Property and Content

8.1 Possum SEO retains the right to display graphics and other web content elements created for the Client as examples of work in its portfolio and as content features in other projects, unless the Client expressly requests otherwise in writing.

8.2 The Client remains the owner of any content created by Possum SEO on the Client’s social media profiles or website. The Client remains responsible for all content on their website and social media networks (including but not limited to Facebook, Instagram, LinkedIn, Google Business Profile, and X/Twitter).

8.3 If Possum SEO makes any changes to the Client’s website, Google Ads account, or social media networks, the Client remains responsible for checking and correcting content where necessary.

8.4 Possum SEO’s own tools, methodologies, processes, and templates remain the intellectual property of Possum SEO at all times.

9. Warranty Disclaimers

9.1 Possum SEO expressly disclaims any and all warranties regarding or related to this Agreement other than those imposed by statute under the laws of the Commonwealth of Australia or Victoria.

9.2 Possum SEO makes no warranty or representation:

• As to the position any advertisement is placed on a search result page, or the frequency and time of day it is displayed
• For any specific result on any search engine
• As to the quantity or quality of increased traffic or sales to the Client’s website
• As to the Client’s website ranking. The Client acknowledges that search engines change their ranking algorithms regularly and new and competitor sites may be continually optimised

9.3 Google changes its algorithms regularly. Possum SEO will endeavour to maintain the Client’s rankings but is not responsible for ranking fluctuations caused by Google algorithm changes. Possum SEO is also not responsible for ranking fluctuations caused by previous SEO work carried out by another party.

9.4 Possum SEO has no control over the policies of search engines with respect to the types of sites and/or content they accept. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of that search engine or directory.

9.5 Possum SEO does not guarantee any conversion rates or specific numbers of clicks, leads, impressions, or spend related to SEO, Google Ads, AI automation, web design, or social media services.

9.6 For AI automation services, Possum SEO does not guarantee specific outcomes including call capture rates, lead volumes, appointment booking rates, or CRM integration performance. System performance depends on factors outside Possum SEO’s control including the Client’s telephony provider, website platform, and third-party software.

9.7 The information available on or through the Client’s website following the application of Services is not reviewed, controlled, or examined by Possum SEO before it appears. Possum SEO does not endorse, verify, or certify the contents of any such information. The Client remains legally responsible for the content of their website at all times.

9.8 Possum SEO does not warrant that Services will be uninterrupted or error-free, or that defects will be corrected, or that any platform or service used to deliver the Services (including third-party software) will be free from viruses or other harmful components.

10. Limitation of Liability

10.1 To the maximum extent permitted by Australian law, Possum SEO shall not be liable to the Client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in contract or tort, even if Possum SEO has been advised of the possibility of such damages.

10.2 In no event shall Possum SEO’s total liability to the Client exceed the amount paid by the Client to Possum SEO for the previous one (1) month of Services. This limit is cumulative and the existence of more than one claim will not enlarge the limit.

10.3 The Client acknowledges that these limitations of liability are an essential element of the bargain between the parties and that in their absence, the terms and conditions of this Agreement would be substantially different.

10.4 The Client agrees that they will not bring any claim personally against Possum SEO’s employees or contractors in respect of any losses suffered in connection with the Services.

11. Australian Consumer Law

11.1 Nothing in this Agreement excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited.

11.2 Where the Australian Consumer Law applies, Possum SEO’s liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to the resupply of the Services or the payment of the cost of having the Services supplied again.

12. Confidentiality

12.1 Each party agrees to keep confidential all non-public information received from the other party in connection with the Services. Neither party will disclose such information to any third party without prior written consent, except as required by law or to professional advisers bound by confidentiality obligations.

12.2 This obligation survives termination of the Agreement for a period of two (2) years.

13. Unenforceable Provisions

13.1 If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

14. Governing Law and Disputes

14.1 This Agreement is governed by the laws of Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and the Federal Courts of Australia sitting in Victoria.

14.2 If a dispute arises in connection with this Agreement, either party may give written notice identifying the dispute. The parties agree to attempt to resolve the dispute through good-faith negotiation within 14 days of such notice before commencing legal proceedings.

15. General

15.1 This Agreement, together with any applicable Proposal or Letter of Agreement, constitutes the entire agreement between the parties regarding the Services and supersedes all prior discussions and agreements.

15.2 Possum SEO may update these Terms from time to time. Continued engagement after notification of updates constitutes acceptance of the revised Terms.

15.3 A failure by either party to exercise any right or remedy under this Agreement will not constitute a waiver of that right or remedy.

Possum SEO — Nirav Shah  |  ABN: 68 015 240 868
Melbourne, VIC, Australia  |  [email protected]  |  0430 597 003
These Terms were last reviewed and updated in March 2026.