NOIZE terms and conditions
Version: 6 October 2026
Terms and Conditions
These terms govern the relationship between Noize Agency Pty Ltd ("NOIZE", "we", "us") and its clients ("you"). By accepting a proposal, signing a plan, or engaging our services, you agree to these terms.
Your proposal or plan prevails. Every engagement is different. The specifics of your engagement, including your payment structure, any upfront amount, your billing schedule, any minimum term, and your cancellation terms, are set out in your proposal or in the plan you choose. Where your proposal or plan differs from the general terms below, your proposal or plan applies. These terms cover everything your proposal or plan does not.
Authority to bind. In accepting a proposal or plan, you represent that you have the authority to bind your business to these terms, and your agreement constitutes the agreement of your business.
Part A
Engagement and Payment
1. Payment structures
Your proposal or plan will use one of the following structures. The structure that applies to you, and its specifics, is stated in your proposal or plan.
Upfront in full
You pay 100% of the total project fee before the project commences. Payment is due within 7 days of signing the proposal.
Deposit plus payment plan
You pay an upfront deposit to commence the project, then pay the balance in scheduled instalments. The deposit amount and the instalment schedule are set out in your proposal.
Payment plan
You pay the total fee in scheduled instalments, debited automatically at the intervals set out in your proposal. Work and services may proceed in line with the plan.
Subscriptions
Ongoing services billed weekly, monthly, or annually, as selected. Subscriptions are debited automatically from the card on file. You may cancel a subscription with 30 days written notice, unless you are on a fixed-term plan, or your proposal or plan stipulates otherwise. Fixed-term subscriptions run to the end of their term.
FTE and Fractional plans
Access to a NOIZE team member, or the equivalent skills, for an agreed block of hours each week, on a subscription basis. Your proposal or plan sets out the role, the rate, the hours per week, any upfront amount, any minimum term, and how the plan may be cancelled. Plans are billed in advance. Unless your plan states otherwise, weekly hours are allocated per week and do not carry over to the following week.
2. Payment authority and card debits
You authorise NOIZE to automatically debit your nominated card for amounts anticipated under your proposal or plan, at the intervals it specifies. Payments due are deducted automatically from the card you provide on accepting your proposal or plan through our online system.
In the event of arrears, you authorise NOIZE to debit the outstanding balance to bring your account up to date. An additional 3.5% charge applies to transactions made with American Express or Diners Club cards. You authorise NOIZE to charge a $10 fee for any declined payment or reversal. You are responsible for ensuring sufficient funds are available on your nominated card to meet scheduled payments. If a payment falls on a weekend or public holiday, it may be processed on the next working day.
If you dispute any debit, notify NOIZE in writing immediately. NOIZE will respond within 14 working days and will refund the disputed amount immediately if we cannot substantiate the debit.
Payment processing is handled securely through Chargebee or Stripe. Payments may be made by debit card, credit card, or bank transfer. For any queries regarding payments, contact NOIZE at hello@noize.com.au.
3. Late payments
A late fee of 5% per month applies to any amount that remains unpaid more than 14 days after its due date, to cover administrative, interest, and resourcing costs. NOIZE reserves the right to suspend all work and services until payment is received. Continued non-payment may lead to termination of the engagement.
4. Pass-through and third-party costs
Some costs are not part of our fee and are passed through to you at cost, or paid by you directly to the provider. These include, but are not limited to, advertising spend, domain registration and renewal, website and email hosting, third-party software and subscriptions, fonts and licences, stock media, print and physical production, and telecommunications carriage and number charges.
You are responsible for these costs. Where we pay a third party on your behalf, you authorise us to on-charge that amount to you. Where a service is provided through a third-party platform, that platform's own terms, pricing, and data policies also apply. You must keep sufficient funds available to cover any pass-through costs we are scheduled to incur on your behalf.
5. Cancellations and refunds
Your cancellation terms are set out in your proposal or plan. The following apply generally.
New agreements
Cancellations requested within seven days of entering an agreement are accepted and will incur a cancellation fee of 20% of the total contracted amount.
Subscriptions
Cancel with 30 days written notice, unless on a fixed-term plan or as your proposal or plan stipulates. There are no refunds for partial billing periods, or for early cancellation of a fixed-term or annual plan.
Refunds
Refunds are issued solely at the discretion of NOIZE. We do not offer refunds for change of mind, delayed feedback, or client-side delays that cause inactivity or dormancy. Any unused portion of a service may be credited toward future NOIZE services at our discretion, less any administrative, meeting, production, or other costs already incurred.
Reactivation
If services are paused or cancelled due to non-payment, a reactivation fee of 10% may apply to reinstate the service. Dormant projects are dealt with under section 15 and section 17.
6. Security, guarantee, and recovery
Personal guarantee
Where your proposal or plan involves payment over time, including a payment plan, a deposit plus payment plan, or a term-based or instalment subscription or FTE or Fractional plan, or where your proposal otherwise states it, the authorised representative personally guarantees performance under the agreement. If your business fails to meet its obligations, you, as guarantor, agree to fulfil all payment obligations to NOIZE as if personally obligated.
Debt collection
If NOIZE cannot secure overdue payments after reasonable attempts, your account may be referred to a credit reporting or debt collection agency. You authorise NOIZE to add to the outstanding debt a fee of $50 plus an amount equal to 25% of the outstanding balance, covering NOIZE's reasonable debt collection expenses.
Security interest
If payment remains overdue, NOIZE may register a security interest over your business assets on the Personal Property Securities Register (PPSR), or otherwise assert a lien over any goods, services, intellectual property, or marketing material provided, until payment is received. You consent to registration of such a security interest and waive your right to receive a verification statement under the PPSA.
Part B
How We Work
7. Working across any industry
NOIZE serves clients across a broad range of industries, established and emerging. Each project begins with a discovery phase, where we research your market, competitive landscape, and customer needs so we can tailor our work effectively. Whatever the industry, we apply our expertise in strategy, branding, digital marketing, and communications in line with the trends and best practices of your sector. Responsibility for regulatory compliance in your industry sits with you, as set out in section 22 and section 23.
8. Onboarding and your responsibilities
A smooth onboarding sets up a successful project. You must provide all necessary project details, including branding guidelines, assets, access credentials, and specific requirements, within 7 days of any request from your Account Manager. Failure to provide the requested information within this timeline may result in delays or additional fees.
You are responsible for the accuracy of all information you provide, including data, branding, legal guidelines, and strategic direction. Work produced on incorrect or incomplete information is not subject to free revisions, and corrections will be billed at our standard rate.
9. Account management
Each client is assigned a dedicated Account Manager (AM) as the primary point of contact throughout the project. The AM understands your goals, coordinates timelines, manages scope and budget, and is the liaison between you and the NOIZE team. You can expect regular updates, primarily by email and scheduled phone or Google Meet sessions. If concerns arise, your AM takes immediate steps to resolve them and can escalate technical or creative issues internally. If an AM needs to transition off a project, NOIZE ensures a seamless handover, with all project information shared internally to prevent disruption. For clients on ongoing retainers, the AM ensures continuous delivery and regular strategy calls.
10. Production and approvals
Timelines
Project timelines are established during the strategy phase and depend on the timely submission of your feedback and approvals. Delays caused by late information, approvals, or incomplete submissions may result in an adjusted timeline.
Milestone approvals
Approvals may be required at each milestone, such as design, development, and final review. Once a milestone is approved, the project proceeds to the next phase. Changes or additional feedback after a milestone is approved may incur extra fees and may delay the project.
Access during production
NOIZE maintains restricted access to the production environment during production, to prevent unintended changes that could disrupt development. Full access is granted on completion and handover.
11. The 7-day review window
This is how reviews, approvals, and corrections work, and it applies across delivery.
When we deliver any milestone or deliverable, you have 7 days to review it and tell us, in writing, about anything you believe is wrong or needs to change.
Errors on our part are corrected free of charge within this window. This covers spelling, grammar, factual inaccuracies, and work that does not match the brief you approved. Tell us within 7 days and we will fix it at no cost.
If we do not hear from you within 7 days, the deliverable is treated as approved and final. Any changes requested after that point are treated as new work and billed accordingly.
Errors that come from information you supplied, or a change of mind, are not free. If a deliverable is wrong because the information you gave us was wrong or incomplete, or because you have changed direction or strategy after approving the work, the correction is out of scope and billed as additional work.
To avoid unnecessary changes and cost, please review everything carefully before approving, consolidate your feedback into a single communication, and flag any change in direction as early as possible.
12. Revisions and changes
Each project includes one complimentary round of revisions unless your proposal states otherwise. Please consolidate all feedback into a single communication. Revisions are limited to changes within the original scope.
Further revisions beyond the complimentary round are billed at $200 per hour, or 10% of the project value, whichever is higher. Requests beyond the agreed scope, such as new features or significant redesigns, require a re-quote and may incur additional fees and timeline changes.
13. Delivery and handover
On completion, NOIZE conducts a final review and schedules a handover meeting. At handover you receive all necessary files, credentials, and documentation. Full intellectual property rights transfer to you on final payment, where any amount is still outstanding.
Digital assets are delivered through a secure platform such as Dropbox or ProDesk. You are responsible for downloading and storing your assets once delivered.
14. Training
For relevant projects, you receive one live training session by Google Meet, or a pre-recorded training video, covering the use and management of your deliverables, key functionality, and best practices for maintaining the work. The standard session covers basic use and management. Advanced training, such as custom software setup or campaign optimisation, may incur additional fees. Please tell us your specific training needs at handover. Recordings are available on request.
15. Mutual cooperation and dormant projects
NOIZE takes a partnership approach. We will use our best efforts to meet and exceed your expectations, deliver high-quality work, and maintain open communication. In return, you agree to provide information, feedback, and approvals in a timely manner. Delays caused by you may result in additional fees or timeline adjustments.
Dormant projects
A project that is inactive for more than 30 days due to a lack of client communication may be archived, and a reactivation fee applies to resume it, as set out in section 17. A project that is dormant for more than 6 months is considered expired and must be re-scoped and re-quoted. Any credit from the original project may be applied at our discretion, less administration, meetings, production, or other costs incurred to date.
No reimbursement for dormant projects
No reimbursements are issued for projects that become dormant, whether through inactivity, a communication lapse, or formal notice. Projects that do not meet our stated policies and timelines may forfeit fees paid to date.
Part C
Support, Reactivation, and Cancellation
16. Support
Complimentary support after delivery
NOIZE provides 30 days of complimentary support following delivery of a project, covering bugs, technical issues, or minor adjustments within the original scope.
Ongoing support
After the 30-day period, support is provided under an active Support Service Agreement. An active agreement is required before any billable work, including strategy outside the scope of a quoted project, can be actioned.
What is always free
General enquiries and billing questions are always free. Changes within scope and fixing our mistakes are always free.
Support rates
Billable support is charged at the following current rates, which are subject to change on notice: Strategy $200 to $400 per hour plus GST depending on the strategist; Technical support $200 per hour plus GST; Production $200 per hour plus GST.
How support is billed
Time is tracked in 15-minute increments, with a 1-hour minimum charge for initial work. Billable work is charged automatically to your card on file when the work completes. You receive a detailed receipt or invoice showing the work performed, the time taken, and the amount charged.
Excluded
Complimentary support does not cover substantial changes or requests outside the original scope. These are quoted separately as additional work.
17. Project reactivation
If a project becomes dormant, that is, paused or inactive for a prolonged period, it places pressure on our timelines, resources, and scheduling. To resume work fairly, we require a Project Reactivation Request to be completed and reviewed before we recommence. No work resumes until the form is submitted and reviewed.
By requesting reactivation, you acknowledge and agree that the delay may require rescoping, reprioritisation, or reallocation of resources; a reactivation fee applies from 10% of the project value, with the final amount set at our discretion based on the scale of disruption and the time elapsed; you confirm your active commitment to collaborate and respond in a timely manner; if your project has been dormant for more than 6 months, it is treated as expired under section 15, and reactivation proceeds by agreement, including any re-scope or re-quote; and failure to respond once a project is reactivated may again result in suspension or cancellation, in line with these terms.
Any separate arrangement made with NOIZE leadership applies only if it is recorded in writing.
18. Service changes and cancellations
You can request changes to, or cancellation of, your active services. Requests are typically processed within 1 to 2 business days. Complex changes may require additional time.
Service changes
Modifications to existing services may incur additional charges. We will provide a quote before proceeding with any paid work.
Final billing
Any outstanding invoices must be settled before service changes or cancellations are processed.
Permanent loss on cancellation
If you cancel certain services, including phone numbers, domains, email addresses, and hosted data, they may be permanently lost once cancelled and cannot be recovered.
Data retention
NOIZE does not retain backups of client data after a service is terminated. It is your responsibility to export and back up any data before cancellation.
Third-party services
Some services are provided through third-party platforms, for example Wix, Weebly, GoDaddy, and Google. The cancellation terms and data policies of those platforms also apply.
No liability on cancellation
NOIZE accepts no responsibility for any loss of service, data, phone numbers, domain names, email addresses, or business interruption resulting from your cancellation request.
19. Suspension and termination
NOIZE may suspend services if you fail to make timely payments or do not provide required information. A reactivation fee of 10% may apply to resume services after suspension. NOIZE may terminate ongoing services at any time, with written notice. On termination, NOIZE will assist in transferring critical services, such as hosting and advertising accounts, to a new provider at your expense.
Part D
Intellectual Property and Licences
20. Intellectual property
Full intellectual property rights in the deliverables transfer to you on final payment, where any amount is still outstanding. Until payment is made in full, NOIZE retains rights in the work, consistent with the lien in section 6.
21. Font licensing
NOIZE uses commercially licensed fonts available through Adobe Fonts, Canva's licensed font library, Google Fonts (open-source), or fonts legally provided by you. NOIZE does not supply, transfer, or distribute font files as part of any project.
NOIZE holds active commercial subscriptions to Adobe Fonts and Canva, which permit NOIZE to use those fonts in design projects. These licences apply to NOIZE's work only and do not extend to you. It is your sole responsibility to secure any licences required for fonts used in your branding, collateral, website, advertising, or other applications, including desktop, web, app, broadcast, and extended-use licences. NOIZE accepts no liability for any copyright, licensing, usage, or intellectual property disputes arising from your use of fonts.
22. Warranty of authority
By engaging NOIZE, you warrant that you have full legal and regulatory authority to produce, publish, or distribute the materials you instruct us to create. If legal or regulatory issues arise from your lack of authority, NOIZE is not liable for any associated damages. NOIZE reserves the right to unpublish or suspend the distribution of any content found to violate legal or regulatory standards.
23. Liability and indemnity
Indemnity
By working with NOIZE, you agree to indemnify and hold NOIZE, its directors, and employees harmless from any claims, damages, or lawsuits resulting from the services provided, including any content created or distributed by NOIZE on your behalf.
Regulatory compliance
NOIZE is not responsible for ensuring that your business adheres to industry-specific regulations, such as medical or legal requirements. You are solely responsible for compliance with the legal and regulatory standards of your industry.
Limitation of liability
To the extent permitted by law, NOIZE's liability is limited to the amount you have paid for the services rendered. NOIZE excludes all liability, in contract, tort, statute, or otherwise, for any indirect, incidental, special, or consequential damages, including lost profits or business interruption, arising from our services, this agreement, or the products provided under it.
24. Past performance and projections
Any reference to past client success, including case studies and testimonials, is based on actual client results. Past performance does not guarantee future results, and outcomes may vary. Any estimates or projections we provide are based on data and industry knowledge. They are not guarantees, and actual outcomes may differ due to factors beyond NOIZE's control.
25. Portfolio use
By engaging NOIZE, you grant us permission to display the completed work in our online and offline portfolios and in marketing materials, such as case studies and social media posts. We respect your confidentiality and will not disclose sensitive information without prior consent. If you wish to opt out of portfolio use, notify NOIZE in writing before the project begins. Otherwise, we assume consent is granted.
26. Non-circumvention
You agree not to directly hire or solicit any employee or contractor of NOIZE for a period of 36 months after the completion of the project. This applies to both employees and freelance contractors who have worked on your project. Any breach may result in legal action and a penalty of up to one year of the relevant employee's or contractor's annual billable fees.
27. Contractors
NOIZE may engage independent contractors for specific aspects of your project. These contractors are thoroughly vetted and uphold the same quality and confidentiality standards as NOIZE employees. All communication about the project flows through your Account Manager. Direct communication with contractors is generally not permitted, to keep the project consistent and well managed. NOIZE takes full responsibility for the work delivered by contractors and, in the event of an issue or dispute within the original scope, manages the resolution at no additional cost to you.
Part E
Programs
28. NFP, organisation, and charity
NOIZE offers a donation of up to 50% of the retail value of any project to eligible charities and NFP organisations, applied exclusively to full-price services. We provide an invoice for the full retail value. You pay 50% upfront to begin the project, and the remaining 50% is accounted for on receipt of a valid tax-deductible certificate of donation from the registered charity or organisation. Without the certificate, the full invoice becomes due.
To qualify, you must be a registered NFP organisation or charity with the appropriate tax-deductible status in your country. NOIZE may verify registration and status before applying the discount. The certificate must be submitted within 30 days of project completion, reflecting the remaining 50% of the project value. This policy applies only to full-price services. Discounted services, promotions, and bundled packages are not eligible. NOIZE may limit the number of projects or the total value of donations provided to any single organisation in a calendar year, and may change this policy at its discretion with advance notice.
29. Customer referral
NOIZE offers a referral fee of 10% of the full retail value of a referred client's project, on all full-priced services. The referral payment is made after the referred client has signed a contract and completed payment. Referrals for clients who sign up to long-term rollouts attract a 5% commission, paid weekly in line with the payments we receive from that client.
To qualify, you must provide the referred client's contact details, or the referred client must mention you on first inquiry. The referral must be a new client who has not previously engaged NOIZE. The fee is paid by bank transfer, or another agreed method, within 30 days of the referred client's payment. NOIZE may modify or end this program at any time, without affecting referrals already in process.
30. Franchise referral
NOIZE will pay 10% of the franchise fee to referrers for each successful franchise purchaser they introduce, regardless of the franchise price. The payment is made after the franchise agreement is signed and the full franchise fee has been paid. Any individual or entity that refers a new franchise purchaser is eligible, provided they are not already affiliated with the franchise in an official capacity. To qualify, you must introduce the potential purchaser to NOIZE and facilitate initial contact, or the referred individual must disclose your details when inquiring. Referral fees are paid within 30 days of the full payment of the franchise fee. The referral must lead to a completed franchise sale. NOIZE may adjust or discontinue this program at its discretion, without affecting payments already in progress.
Part F
Privacy and General
31. Privacy
Protecting the privacy of our clients and users is a priority. NOIZE collects personal information such as names, email addresses, phone numbers, and payment details, when you engage our services, request information, or interact with our website. We may also collect non-personal information, such as browser type and IP address, to improve our services.
The data we collect is used to process transactions, provide support, and send project updates. You may also receive marketing material if you have opted in. NOIZE uses industry-standard encryption and security measures to protect personal data. No system is completely secure, so please take appropriate precautions when submitting sensitive information online. We use third-party providers, such as payment processors and hosting providers, for essential business functions. They are granted access only to the information necessary to perform their tasks and are required to keep it confidential. Your personal information, as defined in the Privacy Act 1988 (Cth), is used only to provide the services contemplated by your agreement.
32. General
These terms, together with your proposal or plan, form the agreement between you and NOIZE. Where your proposal or plan differs from these terms, your proposal or plan applies. NOIZE may update these terms from time to time, and the current version applies to your engagement. The success of every project depends on timely collaboration, and failure to pay in accordance with your proposal or plan may result in suspension or termination of services.
For any questions about these terms, contact NOIZE at hello@noize.com.au.