Client Service Terms

Last updated: 17 June 2026

1. Agreement to Terms

These Service Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “your”, or “Client”), and Bigwig Advertising & Digital (“Bigwig”, “we”, “us”, or “our”), and apply to the services Bigwig provides or agrees to provide to you.

Bigwig Advertising & Digital is based in South Australia, Australia, with its office located at 59 North Tce, Hackney, South Australia 5069.

These Service Terms apply together with any proposal, quote, statement of work, invoice, written approval, service schedule, project brief, email confirmation, quote-specific Terms & Conditions, or other written arrangement between you and Bigwig.

Each Bigwig quote may include its own Terms & Conditions. Those quote-specific Terms & Conditions form part of the agreement between you and Bigwig when the quote is approved.

If there is any inconsistency between these Service Terms and a specific written proposal, quote, statement of work, invoice, quote-specific Terms & Conditions, or other written arrangement issued by Bigwig, the specific written arrangement will apply to the extent of the inconsistency.

By approving a proposal, accepting a quote, signing a quote acceptance, issuing written approval, making payment, or otherwise instructing Bigwig to commence work, you confirm that you have read, understood, and agree to be bound by these Service Terms and any applicable quote-specific Terms & Conditions.

We may update these Service Terms from time to time. Any changes will apply from the date they are published on our website, but will not materially alter an already approved scope of work unless agreed in writing or required by law.

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.

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

Any work requested outside the approved scope may be quoted separately or charged at Bigwig’s standard hourly rates.

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 proposal, quote, invoice, agreement, or written arrangement.

Unless otherwise stated, all fees are quoted in Australian dollars and are exclusive of GST and any applicable taxes.

You agree to provide current, complete, and accurate billing and contact information, and to promptly update this information where necessary.

Unless otherwise stated in the relevant quote or written arrangement, a deposit of 30% is required to commence the project, and the remaining balance is payable upon final approval of the deliverables.

Bigwig may require a different deposit, upfront payment, milestone payment, or payment schedule depending on the nature of the work. Any alternative payment arrangement must be agreed in writing.

Invoices are payable by the due date stated on the invoice. If no due date is stated, payment is due within 14 days from the invoice date.

If payment is overdue, Bigwig may, acting reasonably:

Pause or suspend work, services, support, hosting, maintenance, campaigns, or delivery
Withhold files, deliverables, access, launch, transfer, or publication until outstanding amounts are paid
Charge interest on overdue amounts where permitted by law
Recover reasonable debt collection, legal, or administrative costs incurred in seeking payment

Suspension of services due to overdue payment does not relieve you of your obligation to pay outstanding amounts.

6. Third-Party Costs and Platforms

You are responsible for all third-party costs associated with your project or services unless expressly included in Bigwig’s fees.

Third-party costs may include, without limitation, printing, signage installation, media placement, domain names, hosting, email services, SSL certificates, software licences, plugins, themes, fonts, stock assets, video, photography, paid media spend, platform fees, subscriptions, external developers, printers, photographers, videographers, copywriters, consultants, or other suppliers.

Bigwig is not responsible for the acts, omissions, pricing changes, outages, data loss, service changes, policy changes, account suspensions, approval delays, or platform decisions of third-party providers, including Google, Meta, LinkedIn, Mailchimp, HubSpot, WordPress, WooCommerce, Shopify, hosting providers, domain registrars, payment gateways, CRMs, analytics platforms, plugin vendors, app stores, or other external systems.

Where Bigwig recommends, configures, or works with a third-party service, your use of that service remains subject to the relevant third party’s own terms, policies, limitations, and pricing.

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 quoted separately or charged at Bigwig’s standard hourly rates.

11. Cancellation, Pausing, and Project Inactivity

Cancellation terms for any service will be set out in the relevant proposal, quote, invoice, agreement, quote-specific Terms & Conditions, or written arrangement.

If you wish to cancel or pause a project or service, you must notify Bigwig in writing.

If a project, service, or part of a project is cancelled after approval, Bigwig may invoice for:

All work completed up to the date of cancellation or pause
Actual hours worked and work in progress
Committed third-party costs, supplier fees, media costs, licences, subscriptions, production expenses, or other external costs incurred to date
Reasonable administrative, handover, or close-out time

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

Recurring services, retainers, hosting, maintenance, campaign management, support, and subscriptions continue until cancelled in accordance with the applicable written arrangement.

12. Urgent Work

Where urgent work, expedited turnaround, after-hours work, weekend work, or work that requires Bigwig to reschedule other commitments is required, an urgency premium of 50% of the quoted amount, or another urgency fee advised by Bigwig, may apply.

Bigwig will advise where an urgency loading or additional fee applies where reasonably practicable. If urgent work is required because of client delay, late materials, missed approvals, or a change in direction, Bigwig may charge additional fees for the time required to accommodate the request.

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.

15. 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.

16. Hosting, Maintenance, Support, and Warranty

Where Bigwig provides hosting, maintenance, support, updates, security services, backups, monitoring, or related technical services, the inclusions, exclusions, service levels, and fees will be set out in the applicable proposal, service plan, invoice, quote-specific Terms & Conditions, or written arrangement.

Unless otherwise stated in the relevant quote or written arrangement, a 3-month support window is included following launch or completion, covering critical bug fixes only.

The support window does not include change requests, new features, third-party plugin conflicts, third-party platform issues, operating system or browser compatibility updates, content changes, styling changes, performance improvements, training, maintenance, or issues caused by modifications made by the client or another third party.

Ongoing maintenance, enhancements, monitoring, support, hosting, campaign management, reporting, and optimisation can be quoted separately.

Unless expressly stated otherwise in writing, Bigwig does not guarantee uninterrupted service, error-free operation, specific uptime, complete security, complete backup restoration, search ranking, platform approval, campaign performance, or compatibility with all future software, browser, operating system, plugin, platform, or device changes.

You are responsible for maintaining your own copies of important business records, files, content, data, credentials, and materials unless a specific backup service has been expressly agreed in writing.

Bigwig may suspend or restrict hosting, support, or maintenance services where payment is overdue, where a service is being misused, where continued operation creates a security risk, or where required by law or a third-party provider.

17. 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.

18. 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.

19. Confidentiality

Each party may receive confidential information from the other party in connection with the services.

Each party agrees to take reasonable steps to protect confidential information and not disclose it to third parties except:

Where required to provide or receive the services
To employees, contractors, suppliers, advisers, or service providers who need to know the information
Where required by law, regulation, court order, insurer, auditor, or government authority
Where the information is already public through no fault of the receiving party
With the other party’s consent

This clause does not limit Bigwig’s ability to use general skills, knowledge, methods, processes, and experience gained in providing the services, provided confidential client information is not disclosed.

20. Privacy and Data

Any personal information Bigwig collects or handles will be managed in accordance with our Privacy Policy and, where applicable, our Client Privacy Notice.

Where you provide personal information, customer data, subscriber lists, employee information, patient information, health information, student information, analytics access, CRM data, website user data, or other regulated information to Bigwig, you warrant that you have obtained all necessary rights, consents, notices, and permissions required for Bigwig to handle that information for the purpose of providing the services.

You remain responsible for your own privacy obligations, data governance, regulatory compliance, and legal obligations relating to your business, customers, users, staff, suppliers, and stakeholders.

Although Bigwig takes reasonable steps to protect information and systems, you acknowledge that no website, server, storage system, transmission method, software platform, or digital service can be guaranteed to be completely secure.

21. Credentials and Access

Where you provide Bigwig with access to websites, servers, hosting accounts, DNS, domain names, analytics, advertising accounts, social media accounts, CRMs, email platforms, payment gateways, app stores, repositories, or other systems, you authorise Bigwig to access and use those systems as reasonably necessary to provide the services.

You are responsible for ensuring that access is authorised, accurate, current, and appropriate.

Bigwig is not responsible for loss, delay, access issues, service interruption, account suspension, or data loss caused by incorrect credentials, insufficient permissions, third-party account restrictions, prior configuration issues, unauthorised access by others, or changes made by you or third parties.

22. 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.

23. 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 suspend or refuse services where we reasonably believe the services are being used in breach of this clause.

24. Disclaimers

To the maximum extent permitted by law, Bigwig provides its services and deliverables subject to the terms, limitations, assumptions, dependencies, and exclusions set out in the relevant proposal, quote, agreement, or written arrangement.

Bigwig does not warrant that any website, app, campaign, platform, integration, hosting environment, software, plugin, content, or deliverable will be uninterrupted, error-free, vulnerability-free, compatible with all future technology changes, approved by any third-party platform, or achieve any specific commercial result.

Nothing in these Service Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection you may have under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted, or modified.

25. Limitation of Liability

To the maximum extent permitted by law, Bigwig and its directors, employees, contractors, agents, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage arising out of or in connection with the services, these Service Terms, or your use of any deliverables.

This includes, without limitation, loss of profits, revenue, business opportunity, goodwill, data, anticipated savings, search ranking, advertising performance, campaign results, platform approval, service interruption, downtime, or business interruption.

Where liability cannot be excluded under applicable law, Bigwig’s liability will be limited to the maximum extent permitted by law, including, where permitted, to one or more of the following:

Supplying the relevant services again
Paying the cost of having the relevant services supplied again
Rectifying the relevant issue within a reasonable time

Nothing in these Service Terms limits liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited.

26. Indemnity

You agree to indemnify and hold harmless Bigwig, including its directors, employees, contractors, agents, and representatives, from and against any claims, losses, damages, liabilities, costs, or expenses arising from:

Your breach of these Service Terms
Your breach of any proposal, quote, agreement, quote-specific Terms & Conditions, or written arrangement with Bigwig
Your misuse of the services or deliverables
Your instructions, approvals, content, claims, materials, data, credentials, or supplied assets
Your violation of any applicable law, regulation, third-party right, platform policy, or industry obligation
Any claim that client materials infringe intellectual property, privacy, confidentiality, moral, publicity, or other rights

This indemnity is reduced to the extent that the relevant claim or loss is caused by Bigwig’s negligence, breach of these Service Terms, or unlawful conduct.

27. 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.

28. Force Majeure and Unforeseen Events

Bigwig will not be liable for any delay or failure to perform its obligations where the delay or failure is caused by events beyond its reasonable control.

Such events may include, without limitation, COVID-19, pandemic, epidemic, illness, labour shortages, natural disasters, fire, flood, storm, power failure, internet failure, cyber incident, hosting outage, supplier failure, platform outage, government action, war, terrorism, civil unrest, industrial action, or failure of third-party systems or services.

Bigwig accepts no liability and offers no compensation for delays or costs caused by such events, but will take reasonable steps to minimise the impact where practicable.

29. Termination

Bigwig may terminate or suspend a project, service, or arrangement by written notice if:

You fail to pay an amount when due
You breach these Service Terms or any written arrangement with Bigwig
You fail to provide required information, access, materials, approvals, or instructions within a reasonable time
You request work that Bigwig reasonably considers unlawful, misleading, unethical, unsafe, infringing, or reputationally harmful
Continuing the service would create a security, legal, operational, or commercial risk

On termination, you must pay all outstanding amounts for work completed, work in progress, committed third-party costs, supplier costs, media costs, licences, subscriptions, and reasonable close-out or handover costs.

30. 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.

31. Electronic Communications and Approvals

You agree that emails, online forms, electronic signatures, project management messages, written approvals, payment confirmations, and other electronic communications may be used to form, confirm, approve, vary, or administer arrangements between you and Bigwig.

You agree that any agreements, notices, disclosures, approvals, or other communications provided electronically satisfy any legal requirement that such communications be in writing, unless a different method is required by law.

32. 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.

33. Miscellaneous

These Service Terms, together with any applicable proposal, quote, statement of work, invoice, agreement, quote-specific Terms & Conditions, policy, notice, or written arrangement, constitute the agreement between you and Bigwig regarding the relevant services.

Our failure to exercise or enforce any right or provision of these Service Terms does not operate as a waiver of that right or provision.

If any provision of these Service Terms is found to be unlawful, void, or unenforceable, that provision will be treated as severable and will not affect the validity or enforceability of the remaining provisions.

We may assign or transfer our rights and obligations under these Service Terms where reasonably necessary in connection with our business operations.

Nothing in these Service Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and Bigwig.

34. Contact Us

If you have any questions about these Service Terms, please contact:

Bigwig Advertising & Digital

Email: [email protected]

Phone: +61 8 8363 6124

Address: 59 North Tce, Hackney, South Australia 5069