Terms of Service.

Payment Structure

Upon acceptance of our proposal, you agree to pay 100% of the total project fee before the project commences.

Payments must be made within 7 days of signing the proposal. A 5% late fee will be applied weekly for any proposal that remains unpaid beyond the initial 7-day grace period.

Project Changes and Re-quotes

Should the scope of work change after the project has commenced, a revised proposal will be provided, outlining the new scope and associated costs.

If the revised proposal is not accepted, you agree to pay for all work completed under the original proposal.

Payment Terms

All invoices issued by Ential Pty. Ltd. are due within 7 days of the invoice date unless otherwise stated in the contract.

Payments must be made via debit card, credit card, or bank transfer. Payment processing is securely managed through Stripe.

Late Payments

A 5% weekly late fee will be applied to any overdue invoice that remains unpaid after the 7-day grace period. This late fee is to cover administrative, interest, and human resource costs.

Ential Pty. Ltd. reserves the right to suspend all work and services until payment is received. Continuous non-payment may lead to termination of the contract.

Open to All Industries

Ential Pty. Ltd. is proud to serve clients from diverse industries, including but not limited to real estate, e-commerce, hospitality, healthcare, professional services, agriculture, and more. Our team is equipped to understand the unique challenges of any sector, whether established or emerging.

Streamlined Sector Learning

We have developed a streamlined process for quickly learning about new industries. This includes conducting comprehensive research, speaking with industry stakeholders, and using our in-house resources to understand your business environment thoroughly.

Each project begins with a discovery phase where we gather critical information about your industry, market conditions, competitive landscape, and customer needs to ensure that we can tailor our strategies effectively.

Customisation of Solutions

Regardless of the industry, Ential tailors its solutions to fit the specific requirements of your sector. We apply our expertise in business strategy, AI automation, digital marketing, and communications in ways that align with industry regulations, trends, and best practices.

Specialised Knowledge Across Sectors

We have experience working in highly regulated industries like healthcare, finance, and law, where compliance and legal requirements are paramount. For each sector, we ensure our services meet industry-specific standards without compromising on creativity and innovation.

Flexibility in Adapting to New Sectors

We are always open to working with clients from sectors we may not have served before. By using our proven research methodologies and adaptable project workflows, we can quickly and efficiently integrate industry knowledge into our strategies.

Billing Schedule

Subscriptions are billed weekly, monthly or annually, based on the subscription plan selected.

Subscription payments will be automatically debited from the credit card or debit card on file.

If a payment is declined, the client will be notified immediately. A 7-day grace period is provided to update payment details. Failure to update payment information will result in service suspension.

Cancellation and Refund Policy

Subscription cancellations must be made at least 30 days prior to the next billing cycle.

There are no refunds for partial months or early cancellation of annual subscriptions.

Reactivation of Subscription Services

If services are paused or cancelled due to non-payment, a reactivation fee of 10% of the yearly subscription value may be applied to reinstate the service.

Dedicated Account Managers

Each client is assigned a dedicated Account Manager (AM) who serves as the primary point of contact throughout the project lifecycle. The AM is responsible for understanding the client's goals, coordinating project timelines, and ensuring that all deliverables are aligned with the client's expectations.

The AM also acts as the liaison between the client and the Ential team, facilitating efficient communication and problem-solving across all involved departments.

Client Onboarding

During the onboarding phase, the Account Manager will introduce themselves and outline the key steps in the project. They will schedule an initial discovery meeting to fully understand the client's business needs, industry, and project scope.

The AM will provide a clear roadmap, including timelines, deliverables, and milestones, ensuring the client has a clear view of the process and what to expect at each stage.

Ongoing Communication

Clients can expect regular updates from their Account Manager regarding project progress, upcoming deadlines, and any potential changes in scope. Communication will be conducted primarily via email and scheduled phone or Google Meet sessions, ensuring clients are consistently informed.

The AM is available to answer client questions, provide clarifications, and handle any issues that may arise during the project.

Issue Resolution

If any challenges or concerns emerge during the project, the Account Manager will take immediate steps to resolve the issue. This includes addressing project delays, scope changes, or feedback implementation challenges.

The AM is empowered to negotiate solutions, escalate technical or creative issues internally, and ensure the client remains satisfied with the service and outcomes.

Scope Management

The Account Manager is responsible for managing the project scope and budget, ensuring that all deliverables stay within the agreed-upon parameters. If the client requests additional features or changes outside of the original scope, the AM will provide a revised proposal or quote for the new scope of work.

Any potential delays or shifts in project scope will be communicated to the client in a timely manner, with a clear plan for how to proceed.

Client Feedback and Revisions

The Account Manager collects and organises client feedback at each milestone. This feedback is relayed to the relevant teams, and the AM ensures that revisions are made in line with the client's expectations while adhering to the agreed revision policy.

Feedback is encouraged to be consolidated in a single communication to streamline the revision process.

Final Delivery and Handover

Upon project completion, the Account Manager will conduct a final review with the client to ensure all deliverables meet their expectations. The AM will also guide the client through the handover process, ensuring they have access to all final assets, credentials, and documentation.

For website development projects, the AM will schedule training sessions (if applicable) and provide ongoing support for 30 days post-delivery.

Post-Project Support

After the project is completed, the Account Manager continues to provide ongoing support and remains available for future updates or services the client may need. For clients with ongoing contracts, the AM ensures continuous service delivery and monthly strategy calls.

Account Manager Transition

In the event that an Account Manager needs to transition off a project (e.g., due to workload or availability), Ential will ensure a seamless handover to a new AM. The client will be introduced to the new AM, and all necessary project information will be shared internally to prevent any disruption in service.

Client Responsibilities

Clients must provide all necessary project details, including branding guidelines, assets, access credentials, and specific requirements within 7 days of any requests from your Account Manager.

Failure to provide the requested information within the specified timeline may result in project delays or additional fees.

Project Timeline

All project timelines are established during the strategy phase and are contingent on the timely submission of client feedback and approvals.

Any delays caused by the client (e.g., delayed information, approvals, incomplete submissions) may result in an adjusted timeline.

Client Approvals

Client approvals may be required at each milestone (e.g., design, development, final review). Once a milestone is approved, the project will proceed to the next phase.

Changes or additional feedback after approval may incur extra fees and could delay the project.

Access to Production Environment

Ential maintains restricted access during the production phase to prevent unintended changes that could disrupt development. Full access is granted upon project completion and handover.

Correction of Errors

We will promptly correct any errors related to spelling, grammar, or factual inaccuracies free of charge if notified within 7 days of deliverable receipt.

Mistakes identified after 7 days may incur a fee for correction, depending on the scope of the fix.

Client-Provided Content

Ential is not responsible for errors originating from incorrect information supplied by the client. If errors result from client input, corrections will be billed according to our standard rates.

Client Responsibility

Clients are responsible for the accuracy of all information provided, including data, branding, legal guidelines, and strategic direction. Any work produced based on incorrect or incomplete information will not be subject to free revisions. Corrections will be billed at the standard hourly rate.

Change of Mind or Strategic Shifts

If a client changes direction or strategy after deliverables have been produced, or if the client's guidance leads to an outcome they later deem incorrect, such adjustments will be considered out-of-scope and billed as additional work.

Approval and Timeliness

Clients must inform Ential of any inaccuracies within 7 days of receiving a deliverable. Failure to do so will result in the deliverable being considered final, and further revisions will be charged.

Preventive Measures

To avoid unnecessary changes and costs, clients are encouraged to review all inputs carefully before submission and communicate any shifts in strategy as early as possible.

Included Revisions

Each project includes one complimentary round of revisions unless otherwise stated. Clients are expected to consolidate all feedback into one communication to avoid unnecessary delays.

Further revisions beyond the complimentary round will be billed at $200 per hour or 10% of the project value, whichever is higher.

Scope of Changes

Revisions are limited to changes within the original project scope. Any requests that go beyond the agreed-upon scope (e.g., new features, significant redesigns) will require a re-quote and may incur additional fees.

Review Period

Clients have a 7-day review period to provide feedback on deliverables. Failure to provide feedback within this window will result in the deliverables being considered approved.

Client Responsibilities

Clients agree to provide all necessary information, feedback, and approvals in a timely manner. Delays caused by the client may result in additional fees or timeline adjustments.

Ential Responsibilities

Ential will use its best efforts to meet and exceed the client's expectations. Our team is committed to delivering high-quality work, adhering to timelines, and maintaining open communication throughout the project.

Dormant Projects

Projects that remain inactive for more than 30 days due to a lack of client communication may be archived. A reactivation fee of 10% of the project value will apply if the project is resumed after this period. Projects that remain dormant for over 6 months will be considered expired and must be re-scoped and re-quoted. Any credit from the original project may be applied at the discretion of Ential, minus administration, meetings, production, or any other costs incurred to date.

No Reimbursement for Dormant Projects

No reimbursements will be issued for projects that become dormant, whether due to client inactivity, communication lapse, or formal notice. To maintain an active status, all projects must adhere to our stated policies and timelines. Projects that do not meet these requirements may forfeit any fees paid to date.

Final Review and Handover

Once the project is complete, Ential will conduct a final review and schedule a handover meeting with the client.

During the handover, the client will receive all necessary files, credentials, and documentation related to the project. Full intellectual property rights are transferred upon final payment if still outstanding.

Delivery of Digital Assets

All digital assets will be delivered via a secure platform such as Dropbox or Google Drive.

Clients are responsible for downloading and storing their digital assets once the project has been delivered.

Post-Delivery Support

Ential provides 30 days of complimentary support following project delivery to address any bugs or issues. After this period, support will be billed at our standard rates or under a separate maintenance agreement.

Training Delivery

Clients will receive one live training session via Google Meet or a pre-recorded training video to guide them through the management of their project (e.g., website management, automation handling).

The training will cover the use of the project deliverables, key functionalities, and best practices for maintaining and updating the work completed by Ential.

Training Scope

The standard training session covers basic use and management of the deliverable. Any advanced training (e.g., custom software setups, AI system optimization techniques) may incur additional fees.

Clients must inform Ential of any specific training needs at the project handover stage to ensure the appropriate training is provided.

Training Access

Training recordings will be made available upon request, and clients are encouraged to ask any follow-up questions during the 30-day post-delivery support period.

Support During Project

Clients are entitled to regular support during the project production phase. All queries and issues should be submitted through email or phone.

Support requests will be responded to within 48 hours during business days.

Post-Delivery Support

Ential provides 30 days of complimentary support following the delivery of the project. This support covers any technical issues or minor adjustments related to the original project scope.

After the 30-day period, ongoing support will be billed at $200 per hour unless covered under a separate support or maintenance agreement.

Excluded Support

The complimentary support does not cover substantial changes or requests that fall outside the original project scope. These will be quoted separately and completed as an additional service.

Client Responsibility

By working with Ential, the client agrees to indemnify and hold Ential Pty. Ltd., its directors, and employees harmless from any claims, damages, or lawsuits resulting from the services provided, including any content created or distributed by Ential on behalf of the client.

Regulatory Compliance

Ential is not responsible for ensuring that the client's business adheres to industry-specific regulations (e.g., medical, legal). Clients are solely responsible for compliance with relevant legal and regulatory standards for their industry.

Liability Limitation

Ential Pty. Ltd.'s liability is limited to the amount the client has paid for the services rendered. We are not liable for any indirect, incidental, or consequential damages, including lost profits or business interruptions, arising from our services.

Non-Solicitation of Employees and Contractors

Clients agree not to directly hire or solicit any employee or contractor of Ential for a period of 36 months after the completion of the project. This policy applies to both full-time employees and freelance contractors who have worked on the client's project.

Breach of Policy

Any breach of this non-circumvention policy will result in legal action and may incur a penalty of up to one year of the average employee's or contractor's annual billable fees.

Engagement of Contractors

Ential may engage independent contractors to assist with specific aspects of your project. These contractors are thoroughly vetted and are expected to uphold the same quality and confidentiality standards as Ential employees.

Client Communication

All communication regarding the project must flow through the client's Ential account manager. Direct communication with contractors is generally not permitted to ensure consistency and project management efficiency.

Contractor Liability

Ential assumes full responsibility for the work delivered by contractors. In the event of an issue or dispute, Ential will manage the resolution process at no additional cost to the client, provided it is within the original scope.

Portfolio Rights

By engaging Ential, clients grant us permission to display the completed work in our online and offline portfolios, as well as in marketing materials (e.g., case studies, social media posts).

We respect client confidentiality and will not disclose sensitive information without prior consent.

Opting Out

If a client wishes to opt out of portfolio use, they must notify Ential in writing before the project begins. Otherwise, we assume consent is granted.

Past Performance Disclaimer

Any reference to past client success, including case studies and testimonials, is based on actual client results. However, past performance does not guarantee future results, and clients should understand that results may vary.

Projections and Estimates

Ential may provide estimates or projections based on data and industry knowledge. These projections are not guarantees, and actual outcomes may differ due to external factors beyond Ential's control.

Service Suspension

Services may be temporarily suspended if the client fails to make timely payments or does not provide required information. A 10% reactivation fee will apply to resume services after suspension.

Termination of Services

Ential reserves the right to terminate ongoing services at any time, with written notice provided to the client. In the event of termination, Ential will assist in transferring critical services (e.g., hosting, advertising accounts) to a new provider at the client's expense.

Client Authority

By engaging Ential, clients warrant that they have full legal and regulatory authority to produce, publish, or distribute the materials they have instructed us to create.

If legal or regulatory issues arise related to the client's lack of authority, Ential is not liable for any associated damages.

Unlawful Use of Deliverables

Ential reserves the right to un-publish or suspend the distribution of any content that is found to violate legal or regulatory standards.

Information Collection

Ential collects personal information such as names, email addresses, phone numbers, and payment details. This information is collected when clients engage our services, request information, or interact with our website.

Non-personal information (e.g., browser type, IP address) may also be collected to improve our services.

Data Use

The data collected is used to process transactions, provide customer support, and send project updates. Clients may also receive marketing materials if they have opted in to receive such communications.

Data Security

Ential implements industry-standard encryption and security measures to protect personal data. However, no system is 100% secure, and clients are advised to take appropriate precautions when submitting sensitive information online.

Third-Party Services

Ential uses third-party service providers (e.g., payment processors, hosting providers) to perform essential business functions. These providers are granted access only to the information necessary to perform their tasks and are required to maintain the confidentiality of that information.

Client Collaboration

The success of each project depends on the client's timely participation. Clients agree to provide necessary feedback, information, and approvals within the specified timelines to avoid delays and additional costs.

Payment Terms

Payments must be made according to the agreed schedule. Failure to pay may result in suspension or termination of services.

Project Scope and Changes

Any changes requested beyond the original project scope will require a revised quote and may impact the project timeline.

Refund Terms

Refunds are issued solely at the discretion of Ential Pty. Ltd. We do not offer refunds for change of mind, delayed feedback, or client-side delays that cause inactivity or dormancy. Any unused portion of a service may be credited toward future Ential services at our discretion, minus any administrative, meeting, or production costs already incurred.

Projects that are dormant for over 30 days without client response may incur reactivation fees. Projects dormant for over 6 months will be considered expired, with no entitlement to refunds unless otherwise agreed in writing.

Referral Compensation

Ential offers a referral fee of 10% of the full retail value of any referred client's project. This applies to all full-priced services provided by Ential.

The referral payment will be made after the referred client has signed a contract and completed payment for their project.

Exclusions

Referrals for clients who sign up for long term rollouts. The commission will be 5% and be paid weekly in line with us receiving payment from the client.

Referral Process

To qualify for the referral fee, referrers must provide Ential with the referred client's contact information or ensure that the referred client mentions the referrer upon initial inquiry.

The referral fee will be paid to the referrer via bank transfer or other agreed-upon methods within 30 days of the referred client's payment.

Conditions

The referral must be for a new client who has not previously engaged with Ential for any services.

Ential reserves the right to modify or terminate this referral program at any time. Changes will not affect pending referrals already in process.