Terms of Service

1. Overview

Forge Digital ("we," "our," or "us") is a digital agency providing paid advertising management, business software solutions, and website creation services.

By engaging with Forge Digital, you acknowledge that you have read, understood, and agreed to these Terms and our accompanying Privacy Policy.

2. Eligibility

You must be at least 18 years of age or have legal capacity in your jurisdiction to enter into binding contracts. By using our Services, you represent that all information provided to us is accurate, current, and complete.

3. Services & Deliverables

All Services provided by Forge Digital are outlined in individual proposals, invoices, or contracts agreed upon between you and Forge Digital. Project timelines, deliverables, and specific terms will be defined in those documents.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

4. Payments & Fees

Payment terms are outlined in your proposal or invoice. Unless otherwise agreed, payment is due in full before work commences.

Late Payments: May result in delayed delivery or suspension of services.

Refunds: Due to the nature of digital and creative work, all payments are non-refundable once services have begun.

Revisions: Reasonable revisions are included as outlined in your agreement; excessive or out-of-scope requests may incur additional fees.

5. Client Responsibilities

You agree to:

• Provide all necessary materials, assets, access, and approvals promptly.
• Maintain open and timely communication with Forge Digital.
• Ensure that any materials provided (such as images, text, logins, or brand assets) are owned or licensed by you.
• Manage your own business accounts, ad spend budgets, domain hosting, and other third-party subscriptions unless otherwise specified in writing.

Forge Digital is not responsible for delays, errors, or losses caused by client inaction, mismanagement of accounts, or failure to provide required access or approvals.

6. Advertising Disclaimer

Forge Digital provides advertising management and strategic recommendations based on best practices, but we make no guarantees regarding results, conversions, sales performance, or return on investment (ROI).

Advertising performance is influenced by numerous external factors outside of our control, including but not limited to:

• Market fluctuations
• Audience behaviour
• Platform algorithm changes
• Client product or offer quality
• Budget limitations

By engaging our advertising services, you acknowledge and accept full responsibility for your marketing results and release Forge Digital and all associated personnel from any liability or damages arising from campaign outcomes.

7. Business Software & Website Services

Forge Digital provides software and website solutions on an "as is" basis. While we take every measure to ensure functionality, uptime, and performance, we cannot guarantee uninterrupted or error-free operation.

Clients are responsible for:

• Regularly backing up their data
• Maintaining accurate login credentials
• Ensuring compliance with third-party integrations

Forge Digital assumes no liability for downtime, loss of data, or software malfunctions resulting from client misuse, hosting provider issues, or external system errors.

8. Intellectual Property

Ownership: Upon full payment, ownership of final deliverables (such as completed websites or designs) transfers to the client, excluding any proprietary tools, software, templates, or pre-existing assets used by Forge Digital.

Portfolio Rights: Forge Digital reserves the right to display completed work in portfolios, case studies, and marketing materials unless otherwise agreed in writing.

9. Limitation of Liability

To the maximum extent permitted by law, Forge Digital, its directors, employees, contractors, and affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

• The use or inability to use our Services
• Advertising performance or lack thereof
• Software or website malfunctions
• Third-party system failures or account suspensions

You expressly agree to release, indemnify, and hold harmless Forge Digital and its team members from any and all claims, damages, losses, or expenses — including legal fees — resulting from your use of our Services.

In any case, our total liability shall not exceed the total amount paid by you for the specific Services in question.

10. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary or sensitive information shared during the project, including but not limited to business strategies, financials, and trade secrets.

11. Termination

Either party may terminate the agreement with written notice if the other party breaches a material term and fails to remedy it within 7 days.

Upon termination, all outstanding balances must be paid in full for work completed or in progress.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Queensland.

13. Changes to Terms

Forge Digital reserves the right to update or modify these Terms at any time. Continued use of our Services after such changes constitutes acceptance of the updated Terms.

14. Contact Us

For any questions or concerns regarding these Terms, please visit the Contact Us page on our website.