Last updated: 29 May 2026
These Terms of Service ("Terms") govern your use of the NikoSEO website and the provision of services by NikoSEO ("we", "us", "our") to clients ("you", "the client"). By accessing our website or engaging our services, you agree to be bound by these Terms.
These Terms are governed by the laws of Victoria, Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Victoria.
You may use this website for lawful purposes only. You must not use this website in any way that causes, or may cause, damage to the website or impairment of its availability, or in any way that is unlawful, fraudulent, or harmful.
We make reasonable efforts to ensure the information on this website is current and accurate. However, we do not warrant that any content is complete, accurate, or up to date. Website content is for general informational purposes only and does not constitute professional advice.
Our website may contain links to third-party websites. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
All content on this website — including but not limited to text, graphics, logos, images, design, and code — is the intellectual property of NikoSEO and is protected under Australian copyright law. You may not reproduce, distribute, modify, or republish any content without our prior written consent.
Any materials, assets, copy, or data you provide to us for the purpose of delivering services remain your intellectual property. By providing them, you grant us a non-exclusive licence to use them solely for the purpose of delivering your agreed services.
Upon receipt of full payment for a project or service, ownership of deliverables created specifically for you (such as website designs or ad creative) transfers to you. Strategy documents, frameworks, processes, and proprietary methodologies developed by NikoSEO remain our intellectual property at all times.
NikoSEO provides digital marketing services including SEO & Optimisation, Web Design & Development, Google & Paid Ads, and Meta Ads. The specific scope of services for each engagement is outlined in the proposal or Statement of Work ("SOW") agreed between both parties prior to commencement.
We will deliver services with reasonable care and skill. Timelines and deliverables are estimates unless expressly stated as guaranteed in writing. We are not liable for delays caused by your failure to provide required materials, access, approvals, or feedback in a timely manner.
You agree to:
Delays caused by the client do not entitle the client to any reduction in fees or extension of payment deadlines.
Digital marketing results — including search engine rankings, organic traffic, lead volume, conversion rates, and return on ad spend — are influenced by many factors outside our control, including search engine algorithm changes, market competition, platform policy changes, and client-side factors.
Any results, statistics, or outcomes referenced on this website (including figures such as traffic growth, cost-per-lead reduction, or return on ad spend) represent outcomes achieved for specific clients under specific conditions. They are provided for illustrative purposes only and are not a guarantee, warranty, or representation that the same or similar results will be achieved for any other client.
To the maximum extent permitted by Australian Consumer Law, we make no warranty — express or implied — that our services will achieve any particular outcome, ranking, revenue figure, or business result.
All fees are agreed in writing prior to commencement of services, either via a proposal, SOW, or invoice. Fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.
Payment terms are agreed on a per-client basis and will be specified in your proposal or invoice. Failure to pay by the due date may result in suspension of services until payment is received. We reserve the right to charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date.
Where applicable, GST will be added to all fees in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Retainer engagements are provided on a fixed monthly fee basis for a minimum contract period as specified in your proposal or SOW. The minimum contract period varies per engagement and will be clearly stated in writing before commencement.
Retainer agreements may only be cancelled at the end of the current contract term. Early cancellation — meaning any attempt to terminate the agreement before the agreed contract term has been completed — is not permitted except as outlined in clause 7.3 below.
If you cancel, terminate, or abandon a retainer engagement before the end of the agreed contract term, NikoSEO reserves the right to retain 50% of the total value of the full remaining contract as a cancellation fee. This amount will be invoiced immediately upon notice of cancellation and is payable within 14 days.
Example: if a client on a 6-month retainer at $3,000/month cancels after month 2, the remaining contract value is $12,000, and NikoSEO is entitled to retain $6,000 as a cancellation fee.
We reserve the right to terminate a retainer engagement with 30 days written notice if the client is in material breach of these Terms, has outstanding unpaid invoices, or if continuation of the engagement is no longer commercially or operationally viable. In such cases, no cancellation fee will apply to the client.
All fees paid to NikoSEO are strictly non-refundable. Once work has commenced on any project or retainer period, no refunds will be issued under any circumstances, including but not limited to:
This does not affect any rights you may have under the Australian Consumer Law that cannot be excluded by contract.
To the maximum extent permitted by law, NikoSEO will not be liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with our services or these Terms, including but not limited to loss of revenue, loss of profit, loss of business opportunity, or loss of data.
To the maximum extent permitted by law, our total aggregate liability to you for any claim arising out of or in connection with these Terms or our services is limited to the total fees paid by you to NikoSEO in the three months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
Each party agrees to keep confidential any proprietary or sensitive information disclosed by the other party in connection with the engagement, and not to disclose such information to any third party without prior written consent, except as required by law.
We reserve the right to reference your business name and general engagement outcomes (e.g. in case studies or on our website) unless you notify us in writing that you do not consent to this.
In the event of a dispute arising under these Terms, both parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, either party may refer the matter to mediation before initiating legal proceedings.
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria.
We reserve the right to update these Terms at any time. The "Last updated" date at the top of this page will reflect the most recent version. Continued use of our website or services after any changes constitutes acceptance of the updated Terms. For active client engagements, material changes to engagement-specific terms will be communicated in writing.
For questions about these Terms, email contact@nikoseo.com.au.
