Client Service Terms

Last updated: 17 September 2026

1. Agreement to Terms

These Service Terms apply to the services provided or agreed to be provided by Bigwig Advertising & Digital (“Bigwig”, “we”, “us”, or “our”) to the person or organisation engaging us (“you”, “your”, or “Client”). The relevant accepted proposal, quote or service agreement must identify the supplier and Client, including their legal names and any applicable trustee capacity.

Bigwig is based at 59 North Tce, Hackney, South Australia 5069.

These Service Terms form part of an engagement when they are supplied or clearly brought to your attention before acceptance and incorporated into that engagement. Acceptance may occur by signing, approving a quote, giving written instructions or making a payment that clearly signifies acceptance. A person acting with authority for an organisation accepts on its behalf, not personally unless separately agreed.

The agreement includes these Service Terms and the proposals, quotes, statements of work, service schedules, quote-specific Terms & Conditions, briefs and other written arrangements agreed by both parties. An invoice records agreed charges and does not, by itself, introduce different legal terms after acceptance.

An expressly agreed written variation takes priority over the provision it varies. Subject to that, an applicable specific written arrangement agreed by both parties, including accepted quote-specific Terms & Conditions, takes priority over these general Service Terms to the extent of an inconsistency. An applicable data-processing agreement takes priority for its data-protection subject matter. Documents covering different services do not automatically vary one another.

We may publish revised Service Terms for future engagements. Publication alone does not change an existing agreement or apply new terms retrospectively. Material changes to an existing engagement, including at renewal, must be clearly notified and agreed before taking effect, except to the extent a change is required by law. Payment of an existing invoice or silence alone does not establish agreement to newly introduced terms.

Security guides and privacy notices explain our practices but do not, merely through publication, change agreed fees, service levels, liability provisions or data-processing instructions. Nothing in the agreement excludes rights or obligations that cannot lawfully be excluded.

2. Services

Bigwig may provide advertising, creative, design, branding, digital marketing, website, app, hosting, maintenance, consulting, strategy, content, social media, search marketing, email marketing, software integration, or related services.

The specific services, deliverables, inclusions, exclusions, fees, timing, assumptions, responsibilities, and approval requirements for a project or service will be set out in the relevant proposal, quote, invoice, statement of work, or written communication.

Unless expressly stated otherwise in writing, any estimates, concepts, strategies, recommendations, timelines, or budgets provided by Bigwig are indicative only and may be affected by client feedback, third-party delays, platform changes, supplier requirements, changes in scope, or other factors outside our reasonable control.

Bigwig will provide the agreed services with reasonable care and skill and comply with applicable obligations relating to those services. Describing an estimate as indicative does not override an expressly agreed fixed price, binding deadline or service commitment.

3. Client Authority and Responsibilities

By engaging Bigwig, you warrant that:

You have the legal capacity and authority to enter into these Service Terms
If you are acting on behalf of an organisation, you are authorised to bind that organisation
You will provide accurate, complete, and timely instructions, approvals, information, access, content, data, and materials
You will review all work, proofs, content, campaign materials, websites, applications, and deliverables carefully before approval or publication
You will comply with all applicable laws, regulations, platform rules, and third-party requirements relevant to your business and the services
You will not use Bigwig’s services for any unlawful, misleading, deceptive, defamatory, infringing, or unauthorised purpose

You are responsible for the accuracy, legality, and suitability of all information, claims, offers, prices, instructions, content, images, files, data, credentials, and materials you provide to Bigwig.

4. Proposals, Estimates, and Scope

A proposal, quote, or estimate issued by Bigwig is valid for the period stated in that document. If no validity period is stated, it is valid for 30 days from the date of issue.

Work will only commence once Bigwig has received the required approval, deposit, purchase order, signed document, written instruction, or other agreed confirmation.

The scope of work is limited to the inclusions expressly stated in the relevant proposal, quote, statement of work, invoice, or written arrangement.

Unless expressly included, the following are not included in a project scope:

Additional design concepts, revisions, pages, templates, layouts, features, integrations, or functionality
Copywriting, photography, video, illustration, animation, stock imagery, font licensing, or third-party asset licensing
Search engine optimisation, accessibility audits, legal review, privacy review, copy clearance, or compliance review
Hosting, domain names, email services, software licences, plugin licences, platform subscriptions, paid media spend, or third-party supplier costs
Ongoing support, maintenance, monitoring, security updates, analytics reporting, campaign optimisation, or training

Additional work is subject to section 10. A scope exclusion does not remove an obligation expressly included elsewhere in the accepted engagement or a responsibility that applies by law.

5. Fees, Payment, and Taxes

Fees, payment terms, billing frequency, deposit requirements, instalments, recurring charges and third-party costs will be set out in the applicable accepted quote or written arrangement. Unless otherwise stated, fees are in Australian dollars and exclude GST and applicable taxes.

You must provide accurate billing and contact information and keep it current.

Unless otherwise agreed in writing, a deposit of 30% is required to commence a project, with the remaining balance payable upon final approval of the deliverables. Any different deposit, upfront payment or milestone schedule must be agreed.

Invoices are payable by their stated due date. If no due date is stated, payment is due within 14 days of the invoice date. An invoice must not retrospectively shorten an agreed payment period.

Please promptly raise any disputed charge with reasons and pay undisputed amounts when due. Both parties must act reasonably to resolve genuine billing disputes.

For an overdue, undisputed amount, Bigwig may give written notice requiring payment within a reasonable stated period. If it remains unpaid, we may proportionately pause related work or services, or withhold unpaid project deliverables, subject to section 30. We will not suspend services solely because of a genuinely disputed amount while you engage reasonably in the dispute process.

Interest may be charged only where its rate and calculation were agreed in advance and are lawful. Reasonable external recovery costs may be recovered only to the extent lawfully recoverable and actually incurred; this does not authorise unspecified administrative penalties.

Suspension does not waive outstanding debts. Charges during suspension must reflect the agreed service, work actually performed and reasonably unavoidable approved commitments, without double recovery. Access to Client Data and service-exit arrangements are addressed in section 30.

6. Third-Party Costs and Platforms

You are responsible for third-party costs expressly included in the approved scope or otherwise authorised by you, unless included in Bigwig’s fees. We will identify material additional costs and obtain approval before committing you to them.

Third-party costs may include printing, signage installation, media placement, domains, hosting, email services, SSL certificates, software, plugins, themes, fonts, stock assets, photography, video, subscriptions, platform fees and external professional or production services.

Third-party platforms have their own terms, prices and operational limitations. They may experience outages, change features or policies, restrict accounts, withdraw products or discontinue integrations. Bigwig does not control those independent decisions or guarantee their continuing availability.

Liability for downtime, interruption, data loss, performance issues or security breaches arising from server, supplier or third-party platform issues outside Bigwig’s reasonable control is addressed in section 26. No automatic compensation or service-credit entitlement is created merely because a third-party issue occurs.

Independently developed third-party software is distinct from Bigwig’s own development, configuration and maintenance services. Recommending, installing, configuring, hosting or updating such software does not, by itself, make Bigwig its developer or a guarantor of its underlying code. Section 17.3 explains the scope of software maintenance and source-code responsibilities; section 26.3 addresses independent software defects.

This distinction does not remove Bigwig’s responsibility for its own agreed work or applicable obligations in relation to products and services it supplies. A subcontractor engaged to carry out Bigwig’s contracted work is not treated as an independent software product merely to avoid responsibility for that work.

We will reasonably assist with third-party issues within our agreed management scope. Work outside that scope is subject to section 10. We will advise of material provider changes affecting the agreed service when we become aware of them and discuss a practical response.

Your direct use of a third-party service remains subject to that provider’s terms and policies. Our use of providers to handle Client Data is also subject to section 21 and any applicable data-processing agreement.

7. Client Materials and Supplied Assets

Where you provide content, branding, images, video, audio, files, data, instructions, credentials, login access, customer lists, advertising claims, product information, pricing, testimonials, approvals, or other materials to Bigwig, you warrant that you have all necessary rights, permissions, licences, consents, talent releases, and authority to provide those materials to us and to allow us to use them for the purpose of providing the services.

You agree that your materials will not:

Infringe any third-party intellectual property, moral, privacy, confidentiality, publicity, or other rights
Breach any law, regulation, contract, industry code, platform policy, or confidentiality obligation
Be false, misleading, deceptive, defamatory, offensive, discriminatory, or unlawful
Contain malware, viruses, harmful code, or unauthorised tracking technologies

Bigwig is not responsible for delays, errors, losses, claims, rework, campaign disapprovals, legal issues, or service issues caused by inaccurate, incomplete, delayed, unlawful, or unauthorised client materials.

8. Approvals and Client Review

You are responsible for reviewing all work carefully before approval, publication, printing, launch, distribution, or submission to a third-party platform.

Approval may be given verbally, by email, through a project management system, by signing a proof, by making payment, by requesting publication, or by any other written or clearly communicated instruction.

Once work has been approved, Bigwig is not responsible for errors, omissions, inaccuracies, spelling mistakes, pricing errors, broken links, incorrect contact details, incorrect claims, or other issues that were present in the approved material, except to the extent caused by Bigwig’s negligence or required by law.

Changes requested after approval may be treated as additional work and may incur additional fees.

9. Timelines and Delays

Bigwig will use reasonable efforts to meet agreed timelines. However, unless expressly stated otherwise in writing, timelines are estimates only and are not guaranteed.

Timelines may be affected by:

Delayed client feedback, materials, approvals, payments, or access
Changes in scope, direction, strategy, content, or requirements
Third-party suppliers, platforms, integrations, app stores, hosting providers, plugin vendors, or approval processes
Technical issues, security incidents, illness, staffing constraints, urgent support issues, or events beyond our reasonable control

Bigwig is not responsible for loss, delay, missed opportunities, campaign timing issues, launch delays, or additional costs caused by delayed client input or third-party factors outside our reasonable control.

10. Changes, Revisions, and Additional Work

The number of included revisions, if any, will be set out in the relevant proposal, quote, or written arrangement.

Unless otherwise stated, revisions must be reasonable, within the approved scope, and consistent with the original brief.

The following may be treated as additional work:

Changes to approved work
Changes to the original brief, strategy, structure, design direction, functionality, content, platform targeting, or deliverables
Requests made after approval, launch, publication, print approval, or campaign activation
Additional meetings, research, documentation, training, support, testing, reporting, or administration
Work required because of client delay, incomplete information, third-party changes, platform changes, technical constraints, or supplier issues
Proofing printouts, postage, USB transfers, or other third-party services

Additional work may be separately quoted or performed at rates and on a basis disclosed and agreed before it is undertaken. Bigwig will obtain approval for material scope or fee changes and may pause the affected additional work pending approval. Where time-based work is authorised, reasonable client liaison, coordination, testing, documentation and administration form part of that work. Emergency action under section 17 does not create an unlimited authority to charge additional fees. Work needed to remedy Bigwig’s own breach or meet a non-excludable obligation is not automatically chargeable as additional work.

11. Cancellation, Pausing, and Project Inactivity

Cancellation and pausing arrangements will be set out in the applicable accepted quote or written arrangement. A request to cancel or pause must be communicated in writing.

On cancellation or pausing, Bigwig may charge for work actually performed, work in progress and reasonably unavoidable third-party commitments authorised before cancellation, together with reasonable close-out or handover work properly chargeable under the agreement. We will take reasonable steps to reduce avoidable costs, apply payments and supplier refunds as appropriate, and will not charge twice for the same work or loss.

Cancellation does not automatically make all future fees payable. Any minimum term or early-termination charge must have been clearly disclosed and agreed and must operate consistently with applicable law. Refunds and statutory cancellation rights are not excluded.

If a project remains inactive for more than 30 days because of delayed client feedback, content, assets, approvals, payment or access, Bigwig may issue a progress invoice for completed work and, after notice, reschedule the remaining work subject to availability.

Recurring services continue for their agreed term and renewal arrangement. They may be cancelled in accordance with that arrangement or section 30. Proposed renewal fees and material changes will be provided before acceptance of the renewal; changes to these Service Terms are governed by section 1.

12. Urgent Work

Where urgent work, expedited turnaround, after-hours work, weekend work or rescheduling of other commitments is requested, an urgency premium of 50% of the quoted amount, or another expressly agreed urgency fee, may apply.

The applicable premium and the work to which it applies must be disclosed and agreed before chargeable urgent work is undertaken, including under an existing authorised emergency allowance. An emergency does not automatically authorise a premium on the entire project or hosting fee.

Additional work caused by client delays or changes is subject to section 10. Urgency charges do not apply merely because Bigwig needs to remedy its own breach or meet a non-excludable obligation.

13. Design Platforms and Editable File Access

Design work created within SaaS-based platforms, such as Canva, Figma, Adobe Express, or similar platforms, where editable files or templates are accessible to the client, is billed at 150% of Bigwig’s standard hourly rate unless otherwise stated in the applicable quote or written arrangement.

This reflects the broader usage rights granted and the effective transfer of intellectual property control that occurs when editable assets are handed over or shared within client-accessible environments.

Access to editable files, templates, working files, source files, native files, layered artwork, or reusable design systems is not included unless expressly stated in the relevant proposal, quote, invoice, or written agreement.

14. Intellectual Property

Unless otherwise agreed in writing, Bigwig retains ownership of all pre-existing materials, working files, source files, concepts, methods, know-how, processes, systems, templates, frameworks, code libraries, tools, strategy documents, development environments, unpublished concepts, and other underlying intellectual property created, owned, licensed, or used by Bigwig.

Subject to full payment of all amounts owing for the relevant project, ownership of the final approved artwork or deliverables created specifically for you will be transferred to you for use in the agreed format(s) and purpose(s), except for:

Bigwig’s pre-existing materials and underlying intellectual property
Third-party materials, software, plugins, themes, stock assets, fonts, libraries, APIs, platforms, or licences
Open-source components or third-party code subject to separate licence terms
Drafts, rejected concepts, unused designs, working files, source files, native files, and internal materials unless expressly included

Native files, editable files, source files, layered artwork, raw footage, raw photography, development files, and working files are not included unless expressly stated in the relevant proposal, quote, or written agreement.

Bigwig may reuse general skills, knowledge, ideas, methods, processes, code snippets, design approaches, proprietary frameworks, templates, design systems, and non-confidential know-how developed or used during the provision of services.

Any rights granted to the client under this section are subject to the restrictions on artificial intelligence, machine learning, automated processing, and similar systems set out in these Service Terms.

15. Artificial Intelligence, Machine Learning, and Automated Processing

Unless Bigwig gives prior written consent, you must not upload, submit, reproduce, process, analyse, adapt, train on, fine-tune, prompt with, or otherwise use any Bigwig-created work, concepts, designs, artwork, copy, code, source files, strategy documents, proposals, project documents, frameworks, templates, design systems, production assets, working files, native files, deliverables, or other materials in or with any artificial intelligence, machine learning, automated generation, dataset creation, model training, model fine-tuning, image generation, code generation, content generation, website generation, design generation, automation, or similar system.

This restriction applies whether the material is used directly or indirectly, including through third-party AI tools, cloud platforms, design platforms, productivity tools, website builders, code assistants, image generators, content generators, automation tools, data processing tools, software services, or other systems that may analyse, learn from, retain, reproduce, adapt, transform, summarise, emulate, or generate derivative works from the material.

Approval to use final paid deliverables for their agreed purpose does not include permission to use Bigwig’s work, underlying intellectual property, native files, working files, source files, concepts, systems, frameworks, templates, design systems, production assets, strategies, methodologies, prompts, code, or other materials for AI training, AI prompting, automated replication, template creation, reverse engineering, model development, dataset creation, or the development of competing or derivative materials.

You must not use Bigwig-created materials to train, fine-tune, test, benchmark, develop, improve, or validate any artificial intelligence model, machine learning model, automated design system, automated content system, automated coding system, generative model, dataset, software tool, or similar technology without Bigwig’s prior written consent.

You must not use AI or automated tools to imitate, recreate, reverse engineer, extract, copy, reproduce, modify, or generate substantially similar versions of Bigwig’s concepts, designs, design systems, layouts, artwork, copy, code, development frameworks, templates, strategies, project documents, proposals, or production assets.

You must ensure that any employees, contractors, suppliers, agencies, consultants, developers, designers, marketers, or other third parties who receive or access Bigwig-created materials on your behalf comply with this clause.

This clause does not prevent you from using ordinary business tools that incidentally process final paid deliverables solely for storage, viewing, delivery, printing, publication, accessibility, security, backup, internal file management, or normal business administration, provided those tools are not used to train, fine-tune, develop, reproduce, adapt, emulate, or generate derivative materials from Bigwig’s work.

Bigwig may withhold consent, grant consent subject to conditions, or require a separate licence, fee, attribution, usage limitation, confidentiality obligation, or written agreement before allowing any use of Bigwig-created materials with artificial intelligence, machine learning, automated generation, or similar systems.

Any unauthorised use of Bigwig-created materials in breach of this clause may be treated as a breach of these Service Terms and an infringement or misuse of Bigwig’s intellectual property, confidential information, commercial methods, or proprietary materials.

16. Portfolio and Marketing Rights

Unless you notify Bigwig in writing that a project is confidential, Bigwig may refer to you as a client and may display, describe, or link to completed work, or portions of completed work, in its portfolio, website, award submissions, credentials, social media, case studies, proposals, and marketing materials.

Bigwig will not knowingly publish confidential information, sensitive business information, or private client data without permission.

17. Hosting, Maintenance, Support, and Warranty

17.1 Agreed service and management boundaries

Hosting, website maintenance, application support, monitoring, backups and business continuity are distinct activities. The applicable service plan, accepted quote or other written arrangement must identify the services included, the systems covered, management responsibilities, fees and any service levels.

Where Bigwig is engaged to provide managed hosting, we are responsible for the agreed hosting administration and appropriate security of components under our control. Application-level update and maintenance tasks for website content management systems, plugins, themes, custom code and integrations are performed by Bigwig only where included in the engagement. Hosting software or having administrative access does not, by itself, expand those tasks to developing, auditing or maintaining the original developer’s source code; see section 17.3. Where another party is responsible, you must identify that party and cooperate in coordinating access and changes.

Our work on one system does not make us responsible for your entire IT environment, staff devices, email accounts or other providers. We remain responsible for our own work and applicable obligations, including when a risk becomes apparent during that work.

Hosting location, capacity, backup arrangements, support hours and any response or recovery targets are service-specific. No particular region, dedicated environment, continuous replication, 24-hour staffed monitoring or guaranteed restoration time is included merely because hosting is provided. Any commitment we have expressly made continues to apply.

17.2 Post-launch support

Unless otherwise agreed, Bigwig provides a 3-month support window from launch or completion covering critical bugs in the work we supplied. A critical bug is a material failure of agreed core functionality attributable to that work. Covered fixes are provided without an additional charge.

This support does not include new features, content or styling changes, training, routine maintenance, performance enhancements, future compatibility work, or problems caused independently by client changes or third-party products. The involvement of third-party software does not remove support for covered faults in Bigwig’s own custom code, modifications, configuration or integration work.

To request support, contact Bigwig using section 35, describe the fault and provide reasonably necessary access and evidence. We will assess the request and arrange covered rectification within a reasonable time, considering severity and technical dependencies. We will explain when a request is outside this support and seek approval before chargeable work.

Bigwig bears the cost of covered rectification. You ordinarily bear your own costs of submitting a claim, except costs we agree to reimburse or must reimburse by law; send evidence of such expenses to the section 35 contact. This support is additional to statutory rights. Its duration and exclusions do not limit rights that continue under the Australian Consumer Law or other applicable law; see section 25.

17.3 Maintenance and security are risk-reduction services

Where you engage Bigwig to maintain website software, plugins, themes or other components, the service covers the tasks, components, frequency and service period specified in the accepted plan or quote. Routine maintenance means carrying out the agreed checks and applying available vendor updates in accordance with that arrangement, including any agreed testing or approval process. Its purpose is to reduce risk and maintain the supported environment. It is not cyber insurance, a guarantee against hacking or a promise to meet the financial consequences of a security incident.

Websites may contain independently developed third-party software, including content management systems, plugins, themes, libraries and integrations. This includes components selected by you, inherited from another developer, installed by another provider, or recommended or installed by Bigwig. Hosting, recommending, installing, configuring or updating a component does not, by itself, make Bigwig responsible for developing, auditing or maintaining the original developer’s underlying source code. Source-code audits, penetration testing, development of vendor patches and replacement or redevelopment of third-party functionality are not included unless expressly agreed.

Routine maintenance does not, by itself, include continuous vulnerability monitoring, immediate installation of every vendor release, or an emergency patching service between scheduled maintenance cycles. Any expressly agreed vulnerability-response or accelerated-update commitment continues to apply. If Bigwig becomes aware of a material security risk affecting your service while performing agreed work, we will advise you and identify an appropriate response; urgent protective action is governed by section 17.5. An agreed maintenance schedule does not excuse a failure to exercise reasonable care in responding to a material risk actually known to Bigwig.

If an agreed update is unavailable, requires a renewed licence or cannot reasonably be applied because of a material compatibility or access issue, Bigwig will explain the limitation and any reasonably identified alternatives. We will identify any agreed update that has not been applied rather than represent it as completed. Additional development, a replacement product or other work outside the agreed scope requires separate authorisation under section 10.

Defects and vulnerabilities may exist in the latest available version of third-party software or in a vendor-issued update. Bigwig does not guarantee that the original developer will identify or correct every defect, issue a patch within a particular time, or continue supporting a product. A website or hosting account can be compromised despite agreed maintenance being performed and appropriate safeguards being applied. Exploitation of a third-party component does not, by itself, establish a failure in Bigwig’s services or create an entitlement to free repair or compensation, including where Bigwig originally recommended or installed that component. Section 26.3 sets out the applicable qualifications.

Unless expressly included, hosting and routine software maintenance do not include forensic investigation, malware removal, post-incident website repair, rebuilding, data recovery, incident-related restoration, legal advice or notification services. Chargeable incident work is addressed in section 17.6. No scope exclusion removes a service already agreed or a remedy required by law.

Bigwig will apply reasonable technical and organisational safeguards within its hosting and service responsibilities and perform agreed maintenance with reasonable care and skill. Controls, update arrangements and any additional requirements are service-specific. No universal patching deadline, continuous security monitoring service or assurance that every vulnerability will be detected is created by these general terms.

We may make routine technical changes within our management scope to maintain services or address security issues, but will not use this authority to materially reduce agreed protections, change fees or materially change service scope without agreement. We will provide reasonable notice of planned material disruption where practicable.

You must cooperate with reasonable security requirements, including access restrictions and necessary updates. Where unsupported software, declined remediation or client changes create a material risk, we will explain the issue and proposed action. Urgent protective action is governed by section 17.5; longer-term suspension or termination is governed by section 30. Client responsibility is limited to matters within the Client’s agreed role and control.

17.4 Backups and continuity

Where backups are included, Bigwig will provide the backup scope, frequency, retention, protection and checking agreed for the service. Backup creation and storage do not, by themselves, include unlimited restore requests, forensic investigation, malware clean-up, rebuilding or data reconstruction. Any included restoration entitlement will be honoured; other restoration work is subject to section 17.6.

The parties should expressly record any required recovery time and acceptable amount of data loss. No unspecified backup period or recovery target is created by these general terms. Backups support recovery but are not the same as continuous availability, a permanent records archive or a guarantee of complete recovery.

Recovery depends on suitable recovery points, system integrity and relevant dependencies. Bigwig remains responsible for performing its agreed backup and recovery obligations with reasonable care and skill. An unavailable or unsuitable backup does not, by itself, determine responsibility for a loss; the agreed service and circumstances must be considered.

You must identify business-critical functions and any additional archival or continuity needs. Maintaining your business-continuity arrangements and records outside the agreed hosting service remains your responsibility. This does not transfer an agreed Bigwig backup obligation to you. Retention and deletion of live data, backups and other copies are addressed in section 21.

17.5 Security incidents and protective action

Each party must promptly notify the other of an actual or reasonably suspected security incident affecting the confidentiality, integrity or availability of Client Data, or materially disrupting the services. Bigwig will notify your nominated contact without undue delay after becoming aware, provide available relevant information and give further updates as material facts become available. Notification will not be withheld until a full investigation is complete. Any shorter applicable legal or agreed deadline takes precedence.

Where reasonably necessary to contain an immediate threat, Bigwig may temporarily isolate an affected account or system, restrict access, disable compromised functionality or take other proportionate protective steps without prior approval. We will minimise disruption, preserve relevant evidence where practicable and notify you as soon as reasonably possible. This is not a general authority to delete business records or charge for an unlimited recovery project.

Following containment, we will explain the next steps reasonably identified and the distinction between included work and additional remediation. An affected service may remain restricted while a material security risk remains. Work within Bigwig’s existing hosting responsibilities remains included; additional incident work is subject to section 17.6.

The parties will cooperate in assessment, recovery and communications, including with relevant providers and authorised specialists. Each party remains responsible for its own legal notification and reporting duties. Coordination must not delay a legally required notification or require the other party’s approval before complying with law.

17.6 Incident repair, restoration and additional costs

Unless expressly included in your agreed service, post-incident investigation, malware removal, website repair, rebuilding, data recovery and restoration are additional services at your cost when authorised. They are not included merely because Bigwig hosts the website or performs routine software or plugin updates.

Additional work will be separately quoted or charged at rates and on a basis disclosed and agreed before the work starts, including under any previously agreed emergency allowance. Reasonable client liaison, coordination with providers, testing and documentation form part of authorised time-based work. Approved specialist costs are additional unless included in the quote. An urgency loading applies only in accordance with section 12.

Bigwig may require approval and any agreed upfront payment before commencing additional repair or restoration. You may appoint another competent provider for that work, subject to reasonable access, confidentiality and hosting-security requirements. This does not prevent immediate protective action under section 17.5 or work Bigwig is already required to perform.

There is no additional charge for work already included in the service fee, for rectifying Bigwig’s own breach, or for meeting Bigwig’s own non-excludable obligations. Routine restoration of infrastructure within Bigwig’s agreed management scope is not automatically reclassified as a separate client website repair project because a cyber incident occurred.

Authorising chargeable response work does not waive either party’s rights or determine the cause of the incident. If investigation establishes that fees charged relate to rectifying Bigwig’s own breach, those fees will be appropriately credited or refunded. No work will be charged twice.

18. Development Parameters

App development is based on the current operating system version of the target device or devices at the time of quote approval, unless otherwise stated in writing.

New operating system releases, app store requirements, browser changes, device hardware changes, platform updates, plugin changes, API changes, or third-party service changes that impact functionality may require additional development and will be quoted or charged separately.

For web projects, Bigwig builds to modern browser standards current at the time of delivery. Support for outdated browser versions is not included unless expressly specified in the relevant quote or written arrangement.

Where app releases are required through Apple, Google, or another app store, release timing may be subject to testing, approval, platform review processes, account access, and third-party requirements. Bigwig is not responsible for app store review delays, rejections, or policy changes outside its reasonable control.

Bug fix timelines are determined by severity, risk, technical complexity, available access, and third-party dependencies.

19. Digital Marketing and Advertising

Where Bigwig provides advertising, digital marketing, search marketing, social media, email marketing, content, SEO, analytics, or campaign services, you acknowledge that results depend on many factors outside Bigwig’s control.

Bigwig does not guarantee specific results, including sales, leads, conversions, enquiries, rankings, reach, engagement, revenue, return on ad spend, cost per lead, cost per click, audience growth, or platform approval.

You are responsible for ensuring that all advertising claims, offers, pricing, promotions, disclaimers, testimonials, product information, service descriptions, targeting instructions, customer lists, and landing page content are accurate, lawful, current, and substantiated.

Paid media budgets, platform fees, and third-party advertising costs are separate from Bigwig’s management fees unless expressly stated otherwise.

Where Bigwig is engaged to manage digital campaigns, social media content, email marketing, or reporting, any additional services requested outside the agreed plan will be quoted or charged separately.

20. Confidentiality

Each party must use the other’s confidential information only for the agreed engagement, protect it with reasonable safeguards and restrict access to people who need it for that purpose.

Permitted recipients include personnel, contractors, service providers and professional advisers engaged for the services or the administration, insurance or protection of the engagement, subject to appropriate confidentiality obligations. Disclosure must be limited to what is reasonably necessary. Client Data remains subject to section 21.

A party may disclose information where required by law, a court or an authorised regulator, and will give prior notice where lawful and practicable. An insurer’s or auditor’s request does not by itself authorise disclosure of unnecessary personal or confidential information.

These restrictions do not apply to information lawfully public other than through a breach, already lawfully known without restriction, independently developed without use of the confidential information, or lawfully received without restriction from another source.

Bigwig may use general skills, methods, processes and experience gained during the engagement without disclosing confidential client information. Confidentiality obligations continue after the engagement ends.

21. Privacy and Data

21.1 Information and respective roles

“Client Data” means information supplied by you or collected, stored, accessed or processed on your behalf through the services, including customer, employee, patient, member, student, subscriber and website-user information.

Our Privacy Policy and Client Privacy Notice explain our handling of personal information for our own business purposes, such as client contact, billing and relationship administration. Processing Client Data on your behalf is governed by the agreed services, this section, any applicable data-processing agreement and law. The notices do not authorise unrelated uses of Client Data.

Each party must comply with the privacy and data-protection obligations applying to it. Your responsibility for your business information does not exclude Bigwig’s own responsibilities for information in its possession or control.

21.2 Client decisions and information about the service

You are responsible for determining the purposes for which your business collects and uses information and for the lawful basis, notices, permissions and retention requirements needed for your instructions. Consent must be obtained where legally required; it is not assumed to be the only available lawful basis.

You must give us information reasonably needed to assess and deliver the service, including the categories and approximate volumes of information involved, sensitive information, material overseas requirements, retention requirements and significant changes in use. Tell us about relevant uncertainty rather than treating an unknown as an absence of personal information. Unnecessary copies of personal records should not be sent for this assessment.

Before materially changing the type of information collected, adding sensitive-information fields or uploads, or introducing a new integration, notify Bigwig where the change affects services we manage. We will discuss any necessary safeguards or scope changes. We will also take account of information we already know about the systems we design or manage.

21.3 Bigwig’s handling of Client Data

Bigwig will access and use Client Data only as reasonably necessary to provide, secure and support the agreed services, follow your documented lawful instructions, or comply with applicable law. Access will be limited to authorised persons subject to confidentiality requirements and appropriate safeguards.

We will not sell Client Data or use it for unrelated marketing. We will not use your non-public Client Data to train or fine-tune a general-purpose AI model, or disclose it to an AI provider for that provider’s own training, without separate express written authorisation and a lawful basis. Any agreed AI-enabled processing must have appropriate purpose, access and information-handling arrangements.

There is no routine content-by-content audit, ongoing records-management service or review of the legal adequacy of your privacy practices unless agreed. This scope boundary does not excuse Bigwig from responding appropriately to known risks, performing agreed controls or complying with its own obligations.

21.4 Retention and deletion

You are responsible for determining the lawful retention requirements that apply to personal information and business records collected, stored or processed through your website, application, database, CRM or other digital service, including any legal holds. You must inform Bigwig in writing of any retention, deletion, legal hold or disposal requirements that Bigwig is required to implement, and of any material changes to those requirements.

Unless expressly included in the agreed services, Bigwig is not responsible for determining your retention periods, monitoring whether individual records have reached the end of their required retention period, or routinely deleting or de-identifying records on your behalf. Technical discovery, retention settings, automated deletion, historical data clean-up or implementation of new retention requirements may be separately scoped and charged.

Bigwig is responsible for agreed retention controls and the lawful management of copies under its control. Live website records, backups, logs, development or staging copies, exports, project archives and Bigwig’s own business records must be considered separately. The project-file archive period in section 28 is not a retention instruction for hosted databases or personal information.

When deletion or de-identification is required, Bigwig will take reasonable steps to address relevant copies, subject to lawful retention requirements. Where immediate deletion from a backup is not reasonably practicable, access and use must be restricted, the information must remain protected and be removed through an appropriate documented expiry process as soon as reasonably practicable. Backups do not justify indefinite retention. Restoration must take account of relevant deletion instructions so removed records are not unnecessarily returned to active use.

Requests from individuals, regulators or the Client will be handled and assisted with as required by the parties’ respective roles and applicable law. Costs for additional client-requested work may be agreed where lawful, but no fee or approval requirement will prevent Bigwig meeting its own mandatory obligations.

21.5 Providers, locations and additional processing requirements

Bigwig may use hosting, storage and other providers as necessary for the agreed services, subject to appropriate selection, confidentiality and data-protection arrangements. Relevant providers and processing locations will be identified in the service documentation or provided on request, and in advance where required by law or the agreement.

A required approval for a subprocessor or international transfer must be obtained before the affected processing. This clause is not blanket consent to all overseas disclosures. A material change to an agreed data-residency requirement requires agreement.

Where applicable law requires particular controller-processor terms, processing details, security measures, subprocessor authorisation, audit rights or transfer safeguards, those requirements must be documented in an appropriate schedule or addendum before the relevant new processing starts. Those legal obligations apply whether or not documentation has been completed; these general terms alone do not establish compliance with every overseas data-protection regime.

Return and deletion at the end of services are addressed in section 30. Security incidents are addressed in section 17.5.

22. Credentials and Access

You authorise Bigwig to access the websites, servers, domains, DNS, accounts, platforms, repositories and other systems you make available only as reasonably necessary for the agreed services. Access must be authorised, current and appropriate.

Each party is responsible for its own users and credentials. Use individual accounts where practicable, suitable access limits, secure credential-sharing methods and multi-factor authentication where supported and reasonably required for the risk. Notify the other party promptly of compromised credentials, departing authorised users or access changes affecting the service.

Bigwig will manage its personnel’s access and revoke it when no longer required. You must manage your personnel and independently engaged providers, and notify Bigwig before changes likely to affect systems we manage.

Each party is responsible to the extent its breach or negligence contributes to an access-related loss. Incorrect client credentials, independent provider restrictions or client changes do not make Bigwig responsible for matters outside its scope, but equally do not excuse a failure in Bigwig’s own agreed access controls or work.

23. Compliance and Legal Review

Bigwig may provide general marketing, design, content, digital, technical, or strategic recommendations, but does not provide legal, financial, tax, medical, regulatory, or compliance advice unless expressly agreed in writing by a suitably qualified professional.

You are responsible for obtaining your own legal, regulatory, privacy, accessibility, industry, financial, medical, therapeutic, advertising, or other specialist advice where required.

You are responsible for ensuring that your website, app, content, advertising, products, services, offers, data handling, and business practices comply with applicable laws, regulations, industry codes, platform rules, and professional obligations.

Your obligation to obtain specialist advice does not transfer Bigwig’s own legal obligations to you or exclude responsibility for an expressly agreed compliance-related deliverable. Unless expressly agreed, Bigwig is not appointed as your organisation-wide privacy officer, records manager or IT security manager.

24. Acceptable Use

You must not use Bigwig’s services, systems, hosting, platforms, or deliverables for any unlawful, fraudulent, harmful, misleading, deceptive, infringing, defamatory, abusive, or unauthorised purpose.

You must not:

Attempt to gain unauthorised access to any system, account, server, website, data, or network
Upload, transmit, or introduce malware, viruses, malicious code, harmful files, or unauthorised tracking technologies
Interfere with, disrupt, overload, or impair any system, service, website, network, or third-party platform
Use the services to send spam, unsolicited communications, or unlawful marketing communications
Use the services in a way that infringes intellectual property, privacy, confidentiality, or other rights
Use the services to harass, abuse, intimidate, threaten, defame, discriminate against, or harm any person
Misrepresent your identity, authority, affiliation, products, services, offers, or claims

Bigwig may take proportionate action under sections 17.5 and 30 where it reasonably believes a material breach of this clause creates a risk. Security testing that may affect shared infrastructure or other customers must be authorised and coordinated in advance. This does not restrict legally required regulatory access or agreed audit rights.

25. Disclaimers

The services are provided within their agreed scope, assumptions and dependencies. Except for an express commitment or applicable legal requirement, Bigwig does not promise uninterrupted or error-free operation, freedom from every vulnerability, compatibility with all future changes, third-party approval or a particular commercial result.

These statements do not qualify an express service commitment or exclude reasonable care and skill. References to a certification or security framework concern its actual scope and assessment status; they do not mean every client website is independently certified or immune from attack.

Nothing in these Service Terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified. Statutory rights are additional to the support in section 17.2 and are not limited to its 3-month period.

Australian Consumer Law statement for services:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

26. Limitation of Liability

26.1 Applicable rights and agreed services

This section is subject to section 25 and all rights and liabilities that cannot lawfully be limited. Nothing in it removes an express service commitment or an entitlement that cannot lawfully be excluded.

26.2 No automatic liability for a security incident

Hosting, maintenance and security services are not insurance or an indemnity against cyber incidents. A website or hosting account being hacked does not, by itself, establish liability on Bigwig’s part or create an entitlement to free incident repair, restoration or compensation. Any liability depends on the agreed services, the cause of the loss and applicable law.

The charging basis for incident investigation, repair and restoration is set out in section 17.6. Providing technical assistance, commencing restoration or notifying an incident is not, by itself, an admission of liability.

26.3 External events and independent third-party software defects

Subject to the qualifications below, and to the extent permitted by law, Bigwig is not liable for, and does not provide compensation for, downtime, service interruptions, data loss, performance issues or security breaches to the extent caused by:

Server, supplier or third-party platform issues beyond Bigwig’s reasonable control; or
Defects or vulnerabilities in independently developed third-party software, including client-supplied or inherited components and vendor-issued updates, where Bigwig has performed its applicable agreed responsibilities with reasonable care and skill.

A third-party software defect does not become Bigwig’s own defect merely because Bigwig recommended, installed, configured, hosted or updated the affected component. Applying an available vendor update is distinct from developing or warranting the underlying code. The source-code and maintenance boundaries in section 17.3 apply.

These exclusions do not apply to the extent the loss was caused or contributed to by Bigwig’s own breach, negligence or failure to perform an agreed responsibility, including a failure in its own selection, configuration, integration, custom development or agreed maintenance work. They also do not exclude any liability that cannot lawfully be excluded, including applicable obligations in relation to products or services Bigwig supplies, or override an expressly agreed service-level remedy. The occurrence of a plugin exploit alone does not establish any such failure.

Subject to those qualifications, there is no automatic compensation or service-credit scheme for an external event or independent third-party software defect. Additional incident investigation, repair and restoration are chargeable as set out in section 17.6. Any separately agreed service-credit arrangement applies according to its terms, without limiting mandatory rights.

26.4 Other losses and allocation of responsibility

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss. Loss of profit, revenue, opportunity, goodwill or anticipated savings is excluded only to the extent it is genuinely indirect or consequential in the circumstances. This paragraph does not exclude a loss solely because it involves data or downtime; the external-event exclusion in section 26.3 applies according to its terms.

Each party’s liability is reduced to the extent the other party caused or contributed to the loss, where permitted by law. Each must take reasonable steps to mitigate loss, and there is no double recovery.

26.5 Permitted limitation for business services

For services not ordinarily acquired for personal, domestic or household use, and only where section 64A of the Australian Consumer Law permits and it is fair and reasonable to do so, Bigwig limits liability for a failure to comply with an applicable consumer guarantee to supplying the services again or paying the cost of having them supplied again. This limitation does not apply where it would be unlawful or unfair or unreasonable to rely on it, or remove a right that cannot lawfully be limited.

No exclusion or limitation applies to fraud, wilful misconduct, liability for death or personal injury caused by negligence, or liability that cannot lawfully be limited. Properly due service fees remain payable, subject to lawful refund, set-off and other rights.

27. Indemnity

Subject to section 26, you indemnify Bigwig against amounts it is legally liable to pay to a third party, and reasonable defence costs actually incurred, to the extent directly caused by:

Your unlawful use of the services or a material breach of your obligations under the agreement
Client materials supplied without rights or authority that you were responsible for obtaining
Your unlawful instructions or unauthorised disclosure of information to Bigwig

This indemnity does not arise merely because you approved work or because an incident occurred. It does not cover loss caused by Bigwig’s breach, negligence or unlawful conduct, or by persons for whom Bigwig is responsible. It is reduced to the extent Bigwig or those persons contributed to the loss and does not include penalties that cannot lawfully be indemnified.

Bigwig must give prompt notice of a relevant claim, provide reasonable information and cooperation, and take reasonable steps to mitigate loss. You may participate in the defence. Defence arrangements must protect both parties’ legitimate interests and any applicable insurance requirements. Neither party may agree a settlement imposing an admission, payment or other obligation on the other without its prior consent, not to be unreasonably withheld or delayed.

Recoverable amounts must result from a final determination or a settlement properly agreed under this section. The indemnity does not permit double recovery or override mandatory legal rights.

28. Archiving and File Storage

Bigwig archives digital client files for up to 2 years from the last modification for current clients.

This is not a guaranteed storage service. You are responsible for retaining your own copies of final deliverables, source materials, files, content, data, credentials, approvals, and business records.

Bigwig does not guarantee that archived files will be complete, available, compatible with future software, or retained beyond the stated archive period.

This section concerns creative and project files, not live hosted databases, operational backups or a client’s records-retention program. It does not give Bigwig permission to retain personal information longer than lawfully necessary, delete live service data contrary to the agreement, or withhold data required to be returned under section 30. Client Data is subject to section 21 and any specific agreed retention arrangements.

29. Force Majeure and Unforeseen Events

A party is excused from an affected obligation only to the extent an event outside its reasonable control prevents performance despite reasonable precautions and mitigation. Relevant events may include natural disasters, widespread infrastructure failure, government restrictions, war, terrorism or a significant cyber or provider incident meeting that test.

A cyberattack, including an AI-enabled attack, is not automatically such an event. This section does not excuse inadequate agreed safeguards, a failure of reasonable care, ordinary staffing or capacity problems within a party’s control, or obligations specifically undertaken to address the event.

The affected party must promptly explain the material impact, take reasonable steps to reduce disruption and resume performance, and provide reasonable updates. Security, confidentiality, incident cooperation and data-handling obligations continue to the extent they can reasonably be performed.

Liability for external server, supplier and platform issues is addressed in section 26.3. This section does not create a separate contractual compensation or service-credit entitlement for an external event. Expressly agreed service-level remedies and rights required by law remain applicable.

Fees remain payable for services already supplied and authorised commitments that cannot reasonably be avoided. Any refund, fee adjustment or credit for unavailable services must be provided where required by the agreement or applicable law. This is separate from compensation for consequential business losses. Neither party may recover the same cost twice.

If substantial disruption continues beyond a reasonable period having regard to the service’s purpose, either party may end the affected service on reasonable written notice. Unused prepaid service fees must be refunded, subject to properly incurred authorised commitments and applicable law. Section 30 applies to exit and handover.

30. Termination

30.1 Ending or suspending services

Either party may terminate an affected engagement for the other’s material breach by giving written details and a reasonable opportunity to remedy it. Immediate termination may be appropriate for a serious breach that cannot be remedied, where proportionate to its impact. Non-payment is subject to section 5.

Bigwig may refuse unlawful instructions and take proportionate protective action for a material security, safety or legal risk. Urgent action is governed by section 17.5. Otherwise, we will give reasons, reasonable notice and an opportunity to resolve the issue where practicable. We will restrict only the affected services as far as reasonably possible and will not use a minor breach to terminate unrelated services.

Ordinary cancellation of recurring services is governed by the agreed minimum term, notice and renewal provisions. Where an ongoing service has no agreed minimum term or notice period, either party may end it on reasonable written notice, taking account of its billing cycle, authorised commitments and the time reasonably needed for an orderly transition. These terms do not introduce an undisclosed fixed cancellation charge.

30.2 Final charges and handover

You must pay properly due amounts for completed work, work in progress, authorised commitments and reasonable agreed close-out work, without duplication. We will account for payments and applicable refunds. Termination due to Bigwig’s breach does not make you liable for work required solely to remedy that breach.

Bigwig will reasonably cooperate in an orderly handover and make Client Data under its control available for authorised export in a reasonably available format, subject to law and appropriate security verification. Additional migration, conversion, redevelopment or training may be separately scoped. Charges must not impede a return or access obligation that Bigwig must meet by law.

We will not use Client Data as security for unrelated unpaid fees. Rights concerning unpaid Bigwig-created deliverables remain subject to section 14 and applicable law. Shared infrastructure credentials, other clients’ information, non-transferable third-party licences and Bigwig’s separate tools are not included in a handover.

30.3 Service closure and remaining copies

The parties will confirm the service-end date, available export arrangements and the applicable retention and deletion process. Bigwig will give reasonable notice before removing live Client Data at closure, unless faster action is required by law or a genuine immediate security need. You must arrange authorised receipt of data you require and identify any lawful retention instructions.

After the agreed handover and retention period, Bigwig will securely delete or de-identify Client Data no longer lawfully required. Backups, logs, legal holds and Bigwig’s own business records are managed separately under section 21 and applicable law. An unanswered request does not authorise indefinite retention. Any legally required choice between return and deletion must be respected.

Confidentiality, accrued rights, applicable liability provisions and data-handling duties that are intended to continue survive termination.

31. Dispute Resolution

If a dispute arises in connection with these Service Terms or the services, the parties agree to first attempt to resolve the dispute in good faith through informal negotiations.

Either party may give written notice of a dispute, setting out reasonable details of the issue. The parties will then attempt to resolve the dispute through discussion between authorised representatives.

If the dispute cannot be resolved informally within a reasonable time, either party may pursue any rights or remedies available under applicable law.

Nothing in this section prevents either party from seeking urgent injunctive, equitable, or protective relief where appropriate.

This process does not prevent a complaint to a regulator, exercise of a statutory right or action needed to preserve a legal time limit. The parties must continue undisputed obligations where reasonably practicable while the dispute is addressed.

32. Electronic Communications and Approvals

Emails, electronic signatures, online forms, project-management messages and other written electronic communications may record acceptance, instructions and variations where permitted by law. They must come from a person with appropriate authority and clearly identify what is being agreed.

Acceptance of revised legal terms is governed by section 1. Routine operational communications or approval of a deliverable do not, without more, accept an unrelated contractual variation. Electronic communications satisfy writing requirements only to the extent permitted by applicable law.

33. Governing Law

These Service Terms are governed by the laws of South Australia, Australia.

You submit to the non-exclusive jurisdiction of the courts of South Australia and any courts entitled to hear appeals from those courts.

34. Miscellaneous

The documents incorporated under section 1 form the agreement for the relevant services. Neither an entire-agreement statement nor a scope qualification excludes liability for a representation that cannot lawfully be excluded.

A failure to enforce a right is not a waiver. If a provision is unenforceable, it is severable to the extent legally permitted without rewriting the commercial arrangement or affecting provisions that can operate independently.

A party may assign contractual rights or transfer obligations with the other’s prior written consent, not to be unreasonably withheld where the transfer will not materially prejudice the other party. This does not dispense with any required privacy, data-transfer or novation requirements. Bigwig may use subcontractors consistently with sections 6, 20 and 21 and remains responsible as provided there.

Nothing creates a partnership, joint venture, employment, fiduciary or agency relationship, except an agency expressly agreed for a particular activity.

35. Contact Us

If you have questions about these Service Terms, need to make a support or warranty claim, or need to report a security concern, please contact:

Bigwig Advertising & Digital
Email: [email protected]
Phone: +61 8 8363 6124
Address: 59 North Tce, Hackney, South Australia 5069

Use any service-specific escalation arrangements already agreed with you. For a suspected email compromise, verify contact through a previously known telephone number and do not send passwords or unnecessary personal information. This contact section does not itself create an after-hours response commitment.