Terms of Service
Last updated: December 2024
These terms govern your use of Skin Marketing's services. By engaging our services, you agree to these terms. Please read them carefully.
1. Services Provided
Skin Marketing provides digital marketing services specifically for Australian healthcare clinics. Our services include:
- Google Ads campaign management and optimisation
- Search engine optimisation (SEO) services
- Website design and development
- Landing page creation
- Marketing strategy and consulting
We work exclusively with four clinic types: Skin Cancer Clinics, Skin Cancer GPs, Dermatology Clinics, and Cosmetic Clinics offering injectable and procedural treatments.
2. Eligibility
Our services are available to:
- Australian-based clinics operating within the four clinic types we serve
- Clinics with appropriate Australian health practitioner registrations
- Clinics with capacity to accept additional patients
- Authorized representatives (owners, managers, lead clinicians) of the clinic
We reserve the right to decline services to any clinic at our discretion.
3. Engagement Terms
Initial Engagement
- 8 Week Sprint: Our standard initial engagement is an 8 week sprint focused on setup, launch, and initial optimisation
- Minimum commitment: 3 months for ongoing retainer services
- Setup time: 1-2 weeks before campaigns launch, depending on tracking setup complexity
Ongoing Terms
- After the minimum term, services continue month-to-month
- Either party may terminate with 30 days written notice
- No long-term lock-in contracts
4. Fees and Payment
Service Fees
Service fees are outlined in your proposal and typically include:
- Monthly retainer fee for ongoing management and optimisation
- One-time fees for website builds or landing pages
- Setup fees where applicable
Ad Spend
For Google Ads services:
- Ad spend is separate from our service fee
- Ad spend is paid directly to Google through your Google Ads account
- We recommend appropriate budgets but you maintain final control
- Minimum ad spend requirements are outlined in proposals
Payment Terms
- Service fees are invoiced monthly in advance
- Project fees (websites, landing pages) are typically 50% upfront, 50% on completion
- Payment due within 7 days of invoice
- Late payments may result in service suspension
5. Your Responsibilities
To deliver effective services, you agree to:
- Provide access: Grant necessary access to Google Ads, Analytics, website, and other required platforms
- Respond promptly: Reply to requests for information, approvals, and feedback within reasonable timeframes
- Handle enquiries: Manage phone and form enquiries professionally and follow up promptly
- Approve content: Review and approve all ad copy, landing pages, and website content before launch
- Maintain compliance: Ensure all services offered, pricing, and claims comply with AHPRA and TGA regulations
- Provide accurate information: Supply truthful information about services, qualifications, and clinic operations
6. No Guarantees or Warranties
We do not guarantee specific marketing results, enquiry volumes, booking numbers, or return on investment.
Marketing performance depends on factors beyond our control including:
- Clinic location and local competition
- Services offered and pricing
- Clinic capacity and wait times
- Call handling and enquiry follow-up quality
- Market conditions and seasonal factors
- Changes to Google algorithms or advertising policies
- Australian health advertising regulations
Case studies and examples represent past performance under specific conditions and do not constitute guarantees of future results.
7. Compliance and Legal Responsibility
You, the clinic, are ultimately responsible for compliance with all Australian health advertising regulations including AHPRA guidelines and TGA requirements.
While we:
- Follow AHPRA advertising guidelines
- Avoid prohibited claims and testimonials in paid advertising
- Submit all content for your approval before launch
- Provide compliance guidance based on our experience
We are not legal advisors. You should seek independent legal advice for specific compliance questions. We are not liable for compliance breaches, AHPRA complaints, or regulatory issues arising from approved content.
8. Intellectual Property
Your Content
You retain ownership of:
- Your clinic branding, logos, and existing content
- Photos and images you provide
- Information about your services and team
Our Work Product
Upon full payment:
- Websites, landing pages, and custom designs become your property
- Ad copy and campaign structures are yours to keep
- You may continue using these materials after service termination
- We may showcase your work (anonymously) as case studies with your permission
9. Account Ownership and Access
You own all accounts: Google Ads accounts, Google Analytics, Google Business Profile, and any other platforms remain in your name and under your ultimate control.
We require:
- Admin access to manage services effectively
- Ability to make changes to campaigns, tracking, and settings
- Access to performance data for reporting and optimisation
Upon termination, you retain full access and ownership of all accounts. We will remove our access after transition.
10. Limitation of Liability
To the maximum extent permitted by Australian law, our total liability for any claim arising from our services is limited to the fees paid by you in the 3 months prior to the claim.
We are not liable for:
- Lost profits, revenue, or business opportunities
- Costs of replacement services
- AHPRA complaints or regulatory issues arising from approved content
- Poor enquiry handling or booking conversion by clinic staff
- Technical issues with third-party platforms (Google, hosting providers, etc.)
- Market changes, algorithm updates, or increased competition
11. Termination
Either party may terminate services:
- With 30 days written notice after the minimum term
- Immediately if the other party breaches these terms and fails to remedy within 14 days
- Immediately if payment is more than 14 days overdue
Upon termination:
- You pay for services delivered up to termination date
- We provide a handover document with campaign details and access information
- We remove our access from your accounts within 7 days
- No refunds for unused portions of monthly retainers
12. Changes to Terms
We may update these terms from time to time. Material changes will be communicated via email with 30 days notice. Continued use of services after changes constitutes acceptance of new terms.
13. Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If negotiation fails, disputes will be resolved under Australian law in the courts of the state where your clinic is located.
Questions About These Terms?
If you have questions about these terms of service, please contact us before engaging our services:
Email: brendan@skinmarketing.com.au
These terms should be read together with your service agreement or proposal, which outlines specific services, fees, and timelines.