Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Cluo ("we", "our", or "us"), including our website, SEO services, Google Ads management, AI search optimisation, and website development, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Cluo is based in Sydney, New South Wales, Australia.

2. Services

Cluo provides digital marketing services including but not limited to:

• SEO Services: Search engine optimisation to improve organic visibility
• Google Ads Management: Pay-per-click advertising campaign management
• AI Search Optimisation: Optimisation for AI-powered search platforms
• Website Development: AI-assisted website creation and development

Specific services, deliverables, and pricing will be outlined in individual service agreements or proposals.

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for service delivery
• Grant necessary access to accounts, platforms, and systems as required
• Respond to communications and requests in a timely manner
• Ensure you have the right to use any content or materials you provide
• Comply with all applicable Australian laws and regulations
• Pay invoices according to agreed payment terms

4. Payment Terms

Payment terms will be specified in your service agreement. Unless otherwise agreed:

• All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise
• Setup fees are due before work commences
• Monthly retainer fees are due at the beginning of each service period
• Invoices are payable within 14 days of issue
• Late payments may incur interest at 2% per month on the outstanding balance

We reserve the right to suspend services if payment is not received.

5. Intellectual Property

Our Materials: All methodologies, tools, templates, and proprietary processes developed by Cluo remain our intellectual property.

Client Materials: You retain ownership of your brand assets, content, and materials provided to us.

Deliverables: Upon full payment, you will own the deliverables created specifically for you, unless otherwise specified in your service agreement.

6. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the engagement. This includes business strategies, customer data, financial information, and any other sensitive materials.

7. Results and Guarantees

While we employ best practices and proven strategies, we cannot guarantee specific results such as search rankings, traffic volumes, or conversion rates. Digital marketing outcomes depend on numerous factors outside our control, including:

• Search engine algorithm changes
• Competitor activities
• Market conditions
• Client website and business factors

We provide transparent reporting and work diligently to achieve the best possible outcomes.

8. Third-Party Platforms

Our services may involve the use of third-party platforms such as Google Ads, Google Analytics, and AI search platforms. You agree to comply with the terms of service of these platforms. We are not responsible for changes to third-party platforms that may affect service delivery.

9. Term and Termination

Service terms will be specified in your agreement. Either party may terminate services with written notice as outlined in the service agreement. Upon termination:

• All outstanding fees become immediately due
• Access to accounts will be transferred back to you
• Work completed up to termination will be delivered

10. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

To the extent permitted by law, our liability for breach of any implied warranty or condition is limited to the re-supply of the services or payment of the cost of having them re-supplied.

11. Limitation of Liability

Subject to the Australian Consumer Law, Cluo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from or related to our services.

Our total liability for any claim shall not exceed the total fees paid by you in the three months preceding the claim.

12. Indemnification

You agree to indemnify and hold Cluo harmless from any claims, damages, or expenses arising from your breach of these terms, your content or materials, or your violation of any third-party rights.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

14. Dispute Resolution

Before commencing legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiations. If a dispute cannot be resolved within 30 days, either party may refer the matter to mediation before pursuing other remedies.

15. Changes to Terms

We reserve the right to modify these terms at any time. Material changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance of the updated terms.

16. Connected Google Services

If you choose to connect your Google Ads, Google Analytics, or Google Search Console accounts to the Cluo Portal, you authorise Cluo to read data from those accounts on your behalf using Google's OAuth 2.0 flow. You acknowledge that your use of any Google service remains subject to Google's own Terms of Service and Privacy Policy. The accuracy, availability, and timing of data shown in the Portal depends on Google's APIs and may be subject to delay, rate limits, or temporary outages outside our control. You can disconnect Cluo from your Google account at any time, in which case we will stop fetching new data on your behalf immediately. Cluo only requests read access. We do not modify, create, or delete any data in your Google accounts. For details on what data we access, how we use it, and our retention practices, see our Privacy Policy.

17. Contact Information

For questions about these Terms of Service, please contact us:

Cluo
Sydney, NSW, Australia
Email: [email protected]