Terms of Service

1. About These Terms

These Terms of Service (“Terms”) govern your engagement with Humming Web (“we”, “us”, “our”), a digital marketing agency based in Sydney, New South Wales, Australia. We provide Meta Ads management, social media management, website design and development services, and the HW Portal platform (“the Portal”) to Australian businesses.

If you are engaging on behalf of a business, you confirm that you have authority to bind that business to these Terms.

Where you access our services through the HW Portal subscription, the Portal terms in section 7 govern that subscription. The service-specific terms in sections 3 to 6 govern standalone engagements for those services. Where both could apply, the Portal terms in section 7 prevail for Portal subscribers.

2. Engagement and Agreement

An engagement begins when you confirm your intent to proceed — whether by making payment, signing a proposal, subscribing to the Portal, or communicating written confirmation via email. From that point, these Terms apply in full to the relevant service.

3. Meta Ads Management

This section applies to standalone Meta Ads management engagements. Where Meta Ads are included in an HW Portal subscription, the billing and refund terms in section 7 apply instead.

3.1 Payment and commencement

Work on your Meta Ads campaigns begins only after payment has been received in full. We will not commence campaign setup, audience research, creative development or any associated work until your payment clears.

3.2 Management fees and ad spend

Our management fee covers campaign strategy, setup, optimisation, reporting and ongoing management. It does not include your ad spend budget. Ad spend is paid separately and directly to Meta by you. Humming Web is not responsible for how Meta charges, bills or adjusts your ad spend.

3.3 No refunds

For standalone Meta Ads management engagements, all management fees are non-refundable once paid. This applies regardless of campaign performance, whether you cancel mid-month, or whether you choose not to proceed after payment. The full monthly fee is charged and non-refundable once paid, even if you cancel before the end of the billing period.

3.4 Cancellation

You may cancel your Meta Ads management at any time with written notice. Cancellation takes effect at the end of the current billing period. No partial refunds will be issued for unused days within a billing period.

3.5 Account access

You are responsible for granting us the necessary access to your Meta Business Manager and associated accounts. We are not liable for delays caused by access not being provided in a timely manner.

3.6 Performance

We do not guarantee specific results including lead volume, cost per lead, return on ad spend, or revenue. Digital advertising performance depends on many factors outside our control including Meta’s platform, audience behaviour, market conditions, and the quality of your offer.

4. Social Media Management

This section applies to standalone social media management engagements. Where social media management is provided through an HW Portal subscription, the billing and refund terms in section 7 apply instead.

4.1 Payment and commencement

Social media management services are billed monthly. Work for each month commences once payment for that month has been received.

4.2 Refund policy

Social media management fees are partially refundable under the following conditions: if you cancel during an active billing period, a refund will be issued for that period less the cost of any graphics and content already designed, plus a management fee for the time worked. Work that has been designed — whether or not it has been published — is considered completed and billable.

4.3 No full refunds

Full refunds will not be issued under any circumstance once work has commenced for a billing period. If you are dissatisfied with the service, please contact us immediately so we can address your concerns.

4.4 Cancellation

You may cancel at any time with written notice. We ask for a minimum of 7 days notice before your next billing date to avoid being charged for the following period. Cancellations received after billing has been processed will be subject to the partial refund policy in clause 4.2.

4.5 Client responsibilities

You are responsible for providing timely feedback on content drafts, supplying brand assets, and approving content for publishing. Delays caused by late approvals or unresponsiveness do not entitle you to a refund or extension of the billing period.

4.6 Content approval

Where content approval is required before publishing, we will send drafts for your review. If you do not respond within the agreed timeframe, we may publish content as drafted to maintain your posting schedule.

5. Website Design and Development

5.1 Commencement

Website design and development work commences upon receipt of your deposit or agreed upfront payment, and after all required project information has been provided including business details, brand assets, content, and any design preferences.

5.2 No refund once work commences

Once work has commenced on your website project — including but not limited to discovery, planning, design mockups, or development — no refund will be issued, regardless of whether you change your mind or choose not to proceed. If you decide to cancel after work has started, any amounts already paid are non-refundable and any outstanding balance for work completed up to that point remains payable.

5.3 Out-of-scope work

Any work requested that falls outside the agreed project scope will be treated as additional work. Before commencing any out-of-scope task, we will provide you with a written quote outlining the additional cost and estimated time. Work will only proceed once you have approved the quote in writing. Out-of-scope work is billed at our standard hourly rate.

5.4 Client responsibilities

You are responsible for supplying all required content, images, copy, logos and other assets in a timely manner. Delays caused by late supply of materials may affect project timelines and do not entitle you to a refund or reduction in fees.

5.5 Revisions

The number of included revision rounds will be confirmed in your project proposal. Revisions beyond the agreed scope will be quoted and charged at our standard hourly rate.

5.6 Ownership

You own all content and assets you provide to us. Upon receipt of full and final payment, ownership of the website design and code created specifically for you transfers to you. Prior to full payment, all work product remains the property of Humming Web.

6. Free Website Service

6.1 Requirements before commencement

Work on your free website will not begin until the following have both been received: (a) your completed content brief including all required business information, goals, logo, colour preferences and inspiration references, and (b) payment of the annual hosting fee.

6.2 No refund once work commences

Once we have commenced work on your website — including design mockups, layout work, or development — no refund will be issued. The free website service is provided at no design cost in exchange for your hosting commitment. Once work has started, that commitment is considered fulfilled and all fees are non-refundable.

6.3 Hosting fee

The annual hosting fee covers web hosting, SSL certificate, and one branded email address. The hosting fee is non-refundable once paid. If you cancel hosting after your website is live, your website files remain yours but we are not obligated to continue hosting your site or email address.

6.4 Ownership

You own all content you provide. Once your website is designed and launched and all fees have been paid, the website files are yours and may be transferred to another host at any time.

6.5 Revisions

The free website service includes up to two rounds of revisions after the initial design is delivered. Additional revisions may be charged at our standard hourly rate.

6.6 Application expiry

If the required content brief or hosting fee is not received within 14 days of booking, we reserve the right to cancel your application and reallocate the design time. A new application will need to be submitted to restart the process.

7. HW Portal Platform

HW Portal is our software platform that allows you to review, approve and schedule social media content, manage Meta Ads campaigns (where included in your plan), and collaborate with our team. This section governs your use of the Portal as a subscriber and prevails over sections 3 to 6 for services delivered through a Portal subscription.

7.1 Subscription plans and pricing

The Portal is offered on tiered monthly subscription plans. Current pricing, included features, post slot allowances, brand limits and add-on pricing are published at hummingweb.com.au/pricing and apply at the rate listed at the time of your subscription. We may change pricing for future billing periods with at least 30 days notice; existing subscribers will be notified by email before any change takes effect.

7.2 Billing and payment

Portal subscriptions are billed monthly in advance via Stripe. By subscribing, you authorise us to charge the payment method you provide on a recurring basis until you cancel. All fees are in Australian dollars (AUD) inclusive of GST where applicable. Payment processing is handled by Stripe and is subject to Stripe’s terms; we do not store your full payment card details.

7.3 Refund policy — 14 day window

You may request a full refund of your most recent subscription payment within 14 days of that payment being charged. After 14 days, monthly subscription fees become non-refundable. Refund requests should be sent to hello@hummingweb.com.au and will be processed within 10 business days. This 14-day refund window applies to Portal subscription fees and overrides the no-refund terms in sections 3 and 4 for services delivered through a Portal subscription.

7.4 Cancellation

You may cancel your Portal subscription at any time through your account settings or by emailing us. Cancellation takes effect at the end of your current billing period; you retain full access until that date. No partial refunds are issued for unused days within a paid period after the 14-day window described in clause 7.3.

7.5 Account responsibilities

You are responsible for maintaining the security of your account credentials, ensuring information you provide is accurate and current, and notifying us promptly of any unauthorised access. You must be at least 18 years old to subscribe. The Portal is intended for use by businesses; consumer use is outside our intended scope.

7.6 Acceptable use

You agree not to use the Portal to publish or process content that is unlawful, defamatory, deceptive, infringing of intellectual property, sexually explicit, or that promotes hate, harassment, violence or illegal activity. You agree not to attempt to gain unauthorised access to the Portal, interfere with its operation, scrape or extract data outside of features we provide, resell or share access with parties other than your own team, or use the Portal to spam or send unsolicited messages on connected platforms. We may suspend or terminate your account if you breach this clause, with or without notice depending on severity.

7.7 Meta connections and access tokens

To publish to Facebook and Instagram on your behalf, the Portal will request access to your Meta Business assets with the permissions described in our Privacy Policy. We store the resulting access tokens encrypted at rest and use them solely to perform actions you have configured through the Portal. When you disconnect a Meta account from the Portal, the stored tokens for that connection are deleted promptly (within 7 days); all account data is deleted within 30 days of you terminating your subscription. You can revoke our access at any time via Meta Business Settings → Business Integrations.

7.8 Compliance with platform policies

You agree to comply with the terms and policies of any third-party platforms accessed through the Portal, including the Facebook Terms of Service, the Instagram Terms of Use, the Meta Platform Terms, and any applicable advertising policies. Content or campaigns that breach those policies may be removed or rejected by the platform; we are not responsible for such removals. Repeated or serious breaches may result in suspension of your Portal access.

7.9 Content responsibility and indemnification

You retain ownership of content you upload to or publish through the Portal. You are solely responsible for the content you publish, including its accuracy, legality, and compliance with third-party rights. You agree to indemnify and hold harmless Humming Web from any claims, damages, fines or losses arising from content you publish through the Portal, including claims of defamation, infringement, deceptive conduct, or breach of platform policies.

7.10 Service availability

We aim to keep the Portal available continuously but do not guarantee uninterrupted access. We may perform planned maintenance from time to time and will make reasonable efforts to schedule it outside Australian business hours. Unplanned outages, third-party platform downtime (such as Meta or Stripe outages), and force majeure events are outside our control. The Portal is provided on an “as-is” and “as-available” basis without warranty of any kind beyond what is required by Australian Consumer Law.

7.11 Modification and removal of content

We reserve the right to remove content from the Portal, refuse to publish content, or suspend scheduled posts if we reasonably believe the content breaches these Terms, infringes the rights of others, or violates the policies of a third-party platform. Where practical, we will notify you before taking such action.

7.12 Termination and data export

You may terminate your Portal subscription at any time as described in clause 7.4. We may terminate your access for material breach of these Terms, non-payment, or conduct we reasonably consider harmful to our business or other users. On termination, you may request an export of your content within 30 days; after that period, your data may be permanently deleted from our systems except where retention is required by law. Meta access tokens are deleted within 7 days of disconnection, as described in clause 7.7.

8. Payment Terms

8.1 Invoicing

Invoices are issued at the commencement of each service period or at agreed project milestones. For project-based work such as website design and development, any remaining balance due must be paid within 3 days of the work being completed and delivered. Portal subscriptions are billed automatically via Stripe and invoices are made available in your Portal account.

8.2 Late payment

If payment is not received by the due date, we reserve the right to pause or withhold delivery of completed work, suspend active services or Portal access, and pursue recovery of outstanding amounts through reasonable means including referral to a debt collection agency if necessary.

8.3 Currency

All fees are charged in Australian dollars (AUD) inclusive of GST where applicable.

9. Out-of-Scope Work

Across all services, any request that falls outside the agreed scope of work will not be commenced without a written quote approved by you. We will identify out-of-scope requests and provide a quote before proceeding. Approved out-of-scope work is billed at our standard hourly rate and invoiced separately.

10. Intellectual Property

You retain ownership of all content, branding, logos, images and materials you provide to us or upload to the Portal. Upon receipt of full and final payment, ownership of deliverables created specifically for you — including ad creative, social media graphics, website designs and code — transfers to you. Prior to full payment, all work product remains the property of Humming Web. Our campaign strategies, frameworks, processes, templates, the HW Portal software, and our internal systems remain our intellectual property at all times and are not transferred to you as part of any engagement or subscription.

11. Confidentiality

Both parties agree to keep confidential any sensitive business information shared during the engagement. We will not share your business information, account data, or results with third parties without your consent, except as required to deliver your services or comply with the law.

12. Limitation of Liability

To the maximum extent permitted by law, Humming Web’s total liability for any claim arising out of or in connection with our services or the Portal is limited to the total fees paid by you to us in the 30 days prior to the claim arising. We are not liable for any indirect, consequential, incidental or special loss or damage, including loss of revenue, loss of profit, loss of data, or loss of goodwill.