Terms of Service

Summit Tech Pty Ltd (ABN 94 673 794 735) (“Summit Tech”, “we”, “us”, “our”)

Last updated: 15 July 2026

These Terms of Service (“Terms“) govern your access to and use of our website, client portal, and any services provided by Summit Tech, whether as an ongoing engagement or a one-off project (“Services“). By engaging Summit Tech, creating an account, or using our Services, you (“Client“, “you“) agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

1. Our Services

Summit Tech provides digital marketing and related services, which may be delivered as:

  • Ongoing services — retainer-based or recurring engagements, billed on an agreed periodic basis; or

  • One-off projects — defined-scope engagements delivered against a specific brief, quote, or Statement of Work (“SOW“).

The specific scope, deliverables, timelines, and fees for each engagement will be set out in a proposal, quote, SOW, or order form agreed between Summit Tech and the Client (each, an “Engagement“). Where these Terms conflict with an Engagement document, the Engagement document prevails for that specific engagement.

2. Client Accounts and Portal

Access to certain Services requires a client account via our client portal (provided by our partner, Wayfront). You agree to:

  • Provide accurate and current information when creating your account

  • Keep your login credentials confidential and notify us immediately of any unauthorised use

  • Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that breach these Terms.

3. Fees and Payment

  • Fees for Services are as set out in the applicable Engagement, quote, or invoice.

  • Payments are processed through Stripe. By providing payment details, you authorise us to charge the applicable fees.

  • Ongoing services are billed on the agreed recurring cycle (e.g. monthly) unless otherwise specified.

  • One-off projects may require a deposit before work commences, with the balance due on agreed milestones or completion.

  • Invoices are due within the timeframe stated on the invoice. Late payments may incur interest or result in suspension of Services.

  • All fees are exclusive of GST unless otherwise stated, and GST will be added where applicable.

4. Refunds and Cancellations

Summit Tech does not offer refunds for Services once work has commenced, except where required under the Australian Consumer Law (ACL).

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the ACL, including guarantees that Services will be provided with due care and skill, be fit for purpose, and be delivered within a reasonable time. Where the ACL applies and Services do not meet these guarantees, you may be entitled to a remedy notwithstanding this clause.

Cancellation of ongoing services: Either party may cancel an ongoing engagement in accordance with the notice period specified in the relevant Engagement. Fees for work performed or committed prior to the effective date of cancellation remain payable.

Cancellation of one-off projects: Once a project has commenced, fees paid or invoiced for work completed to date are non-refundable. Any deposit paid to secure a project slot is non-refundable once work has begun.

5. Intellectual Property

Ownership of intellectual property in deliverables produced under an Engagement (including but not limited to creative assets, campaigns, content, designs, and strategy documents) will be set out specifically in the applicable proposal or Statement of Work (“SOW“) for that Engagement.

In the absence of specific IP terms in the SOW:

  • Summit Tech retains ownership of all pre-existing tools, templates, processes, and methodologies used to deliver the Services.

  • Deliverables will not be treated as transferred or licensed to the Client until full payment for the relevant Engagement has been received.

Each party retains ownership of its own pre-existing intellectual property, and nothing in these Terms transfers ownership of such pre-existing IP to the other party.

6. Client Responsibilities

You agree to:

  • Provide timely access to information, materials, approvals, and feedback reasonably required for us to deliver the Services

  • Ensure that any content, brand assets, or materials you provide do not infringe the rights of any third party

  • Use the Services and client portal in compliance with applicable laws

Delays caused by the Client’s failure to provide required input may affect agreed timelines, and Summit Tech will not be liable for resulting delays.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with an Engagement, and to use it only for the purposes of that Engagement, except where disclosure is required by law.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Summit Tech’s total liability arising out of or in connection with any Engagement is limited to the fees paid by the Client for the Services giving rise to the claim in the 3 months preceding the claim.

  • Summit Tech is not liable for any indirect, consequential, or special loss, including loss of profits, revenue, or business opportunity.

Nothing in this clause limits or excludes liability that cannot lawfully be limited or excluded, including under the Australian Consumer Law.

9. Third-Party Services

Our Services rely on third-party providers, including:

  • Stripe — for payment processing

  • Wayfront — for hosting and operation of our client portal

Summit Tech is not liable for outages, errors, or issues caused by these third-party providers, though we will make reasonable efforts to assist in resolving any such issues.

10. Termination

We may suspend or terminate access to Services or your account if you breach these Terms, fail to pay fees when due, or engage in conduct that we reasonably consider harmful to Summit Tech or its ability to deliver Services.

Termination of an Engagement does not affect any fees owing for work performed up to the date of termination.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

12. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on our website with a revised “Last updated” date. Continued use of our Services after changes take effect constitutes acceptance of the updated Terms. Material changes affecting an active Engagement will be communicated directly to affected clients.

13. Contact Us

For questions about these Terms, contact us at:

Summit Tech Pty Ltd

ABN: 94 673 794 735

Email: info@summittech.au