Legal · 02

Terms of Service

Effective · 18 April 2026

These terms govern your use of the Vivid Geeks website and the services we provide. By using the site or engaging us, you agree to them. Specific engagements are additionally governed by the statement of work we sign with you.

1. Who we are

Vivid Geeks (“we”, “our”, “us”) is an independent digital agency based in Sydney, Australia. You can reach us at hello@vividgeeks.com.

2. The website

This website is provided for informational purposes. Content published here is our own view of the work we do and may change at any time without notice. You agree not to reproduce substantial portions of it, scrape it, or use it to train or fine-tune machine- learning systems without our written permission.

3. Our services

We offer search & intelligence, growth & performance, creative & brand, digital infrastructure, and engagement & retention work. The exact scope, deliverables, timeline, and fees for any engagement are defined in a separate statement of work (“SOW”) that both parties sign.

4. Engagement & payment

Most work is structured as a fixed-scope sprint followed by a monthly retainer. Unless the SOW says otherwise:

  • An onboarding fee is due before we begin. Monthly fees are invoiced in advance.
  • Invoices are payable within 14 days of the invoice date.
  • Overdue amounts may accrue interest at the Reserve Bank of Australia cash rate plus 4% per annum.
  • Third-party costs — ad spend, tooling, licenses — are billed at cost with no mark-up.

5. Intellectual property

When you pay for work in full, you own it. Every deliverable — ad accounts, creative assets, source code, documentation, and the infrastructure we set up on your behalf — is assigned to you.

We keep ownership of the underlying methodologies, playbooks, and reusable components we developed before (or outside of) your engagement, and a non-exclusive right to reference the work for case studies unless you ask us not to.

6. Confidentiality

Anything you share with us that is not already public — strategy, financials, customer data, product roadmaps — we keep confidential and use only for the purposes of the engagement. This obligation survives termination.

7. Warranties & disclaimers

We perform our work with the standard of care expected of a competent digital agency. We do not, however, guarantee specific business outcomes — growth, conversion rates, rankings, or revenue all depend on factors beyond any agency's control.

The website is provided “as is”. To the maximum extent permitted by law, we disclaim all implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of liability

To the fullest extent permitted by law, our total liability to you for any claim arising out of the engagement is limited to the fees you have paid us in the three months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption.

Nothing in these terms limits rights that cannot be excluded under the Australian Consumer Law.

9. Termination

Either party may terminate an engagement with 30 days' written notice, unless the SOW specifies a different period. Fees for work completed up to the termination date remain payable. On termination, we return your materials and hand over any accounts or assets we are holding on your behalf.

10. Governing law

These terms and any engagement are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales for any dispute not resolved through good-faith discussion.

11. Changes to these terms

We may update these terms from time to time. The version in force is the one published at this URL on the effective date above. Any material changes that affect an active engagement will be agreed with you directly before they take effect.

12. Contact

Questions about these terms? Email hello@vividgeeks.com.

This document is provided as-is. It is not legal advice — consult a qualified lawyer in your jurisdiction before relying on it.