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terms and conditions
These Terms and Conditions and any additional terms or policies we link or reference to (“Terms”), constitute a legally binding agreement entered into by Mamba Co ABN 73 316 690 902 (“we,” “us,” or “our”) and You (“you” or “your”). Please read these Terms carefully as they set out your rights and obligations when you access our website, work with us, or make a purchase from us.
OVERVIEW OF OFFERINGS
We offer digital strategy, design, and operations services (“Services”), and the sale of various digital products (“Products”). Our service arrangements include Intensives ("Intensive") where Services are rendered once within an accelerated timeframe, and Retainers ("Retainer") where the Services are rendered on a rolling monthly basis. Details of the Products or Services we agree to supply to you including the inclusions and pricing, are described on our website or as otherwise agreed in writing between us and you.
SERVICES
Variations: Any variation to the Services ("Variation") must be agreed in writing between us and you. If the Variation results in an additional fee, payment of the additional fee is required before work begins.
Term: When you engage our Services, we agree to provide a defined block of our time marked by a Project Start Date ("Start Date") and Project End Date ("End Date") during which we apply our expertise and professional skills to complete the tasks outlined in your Proposal.
Minimum Retainer Term: Where you engage our Services on a Retainer basis, the engagement is subject to an initial minimum term of three (3) months, commencing on the Start Date (“Minimum Term”). During the Minimum Term, you may not cancel the retained Services except in the event of a material breach, insolvency, or force majeure set out in these Terms. Following the Minimum Term, the Agreement will continue on a rolling basis unless terminated by either party in accordance with the Retainer Termination Policy set out in these Terms.
Communication: When you engage our Services, we will communicate with you regularly and on a virtual basis either by email, or by video conferencing at mutually agreeable times. At this time, we do not offer in person or telephone meetings. You may contact us at any time by email to hi@mambaco.com.au and we will make all efforts to respond within one (1) business day.
Relationship Of Parties: We render all Services as an Independent Contractor, and nothing contained within these Terms will create a partnership, joint venture, or employment relationship between us and you. We are committed to providing a high standard of service and in the unlikely event we cause an error or omission during our delivery of the Services, we will perform any work necessary at our own time, cost and expense to make things right.
EXCLUSIONS AND LIMITS
General Exclusions: Unless otherwise agreed in writing by us and you, the following items are not included in any of our Products or Services: (i) copywriting or content writing, (ii) image sourcing or selection, (iii) photo manipulation or editing services, (iv) additional revisions, (v) resolutions or additional work due to changes or updates made by you or a third-party acting on your behalf, (vi) training, customisation, implementation, or ongoing support, (vii) overtime, out of hours, or additional work due to a delay caused by you, or due to your non-compliance with these Terms.
Web Design Exclusions: Unless agreed in writing by us and you, the following items are not included in any of our Web Design Services: (i) complex design features, (ii) advanced integrations, (iii) custom code, (iv) complex databases, datasets, or Content Management Systems, (v) customisation of automated client emails, (vi) custom design or coding of Wix Business Solution pages, (vii) Configuration of a e-commerce store for physical products, (viii) ongoing website monitoring or maintenance.
Limits (General): If the tasks agreed in writing between us and you are unable to be completed by the End Date due to a delay caused by you ,or your non-compliance with these Terms, we reserve the right at our discretion to either: (i) deliver the work completed to date, which may be partially complete and not suitable for live use, or (ii) deliver a near-final product using placeholder content.
Limits (Revisions): Revisions where they apply, are intended for minor refinements to your design which may include updates to colours, fonts, or images, or minor layout adjustments such as the order of sections. Major changes including structural or functional redesigns, the addition of new elements, or changes that significantly alter the original purpose, strategy, or direction are not included unless by Variation to the Services.
A revision round refers to a single consolidated set of changes that you request at one time. We will provide you with a method of providing revision requests, and guidance on providing clear and efficient feedback to ensure you make the most of any revision rounds included with your Services. Multiple emails, staggered requests, or changes submitted in parts will be considered as an individual round, and additional rounds that exceed the inclusions may require a Variation.
Once a design phase is complete, marked by confirmation from us or you, any revision rounds that remain unused are considered forfeited and are unable to be used at a later date.
PAYMENT POLICY
Currency and GST: Unless otherwise stated all prices are quoted in Australian Dollars and GST does not apply.
Accepted payment methods: We accept payments by direct debit. Should you wish to pay by credit card please contact us to arrange a payment link.
Initial Invoices: An invoice for the Services will be sent to you automatically by email when you accept our Proposal ("Initial Invoice"). To reserve our time and professional output, we require a non-refundable deposit equal to the total cost of the initial invoice to be paid within three (3) business days from the date you accept the Proposal, in order to secure your Start Date.
Retainer Invoices: After the initial invoice, recurring invoices will be issued each month during the final week of the billing cycle, and payment is required in full within five (5) business days of the invoice issue date. In the event a payment is not received by the start of the new billing cycle, we reserve the right to pause the Services until the payment is received.
REFUND POLICY
Due to the nature of our Products and Services, all payments are strictly non-refundable except where required by law.
CANCELLATION POLICY
Rescheduling : You may request to reschedule the Start Date for the Services by providing at least 14 days written notice prior to your Start Date to hi@mambaco.com.au and we will work with you to find another mutually agreeable date. Where you request to reschedule the Start Date more than once, or provide less than 14 days written notice, a fee equal to 20% of the Initial Invoice ("Rescheduling Fee") will apply to compensate us for loss of earnings, as we are unable to rebook replacement Services at short notice. The Rescheduling Fee is required to be paid in full to secure the rescheduled Start Date.
Cancellations (Intensive): Subject to our Refund policy set out in these Terms, you may cancel the Services by providing written notice to hi@mambaco.com.au. We reserve the right at our discretion to cancel the Services in the event that (i) you have expressly told us you will not be proceeding with the Services (ii) you fail to reasonably participate under these Terms.
Terminations (Retainer): Following the expiry of the Minimum Term, either party may terminate the retainer arrangement by providing not less than thirty (30) days’ prior written notice to the other party, reasons for termination are not required. Notice of termination will take effect from the date it is received, and where a notice period extends beyond the end of the current billing cycle, Services will continue, and fees will be payable, up to the expiry of the 30-day notice period.
YOUR OBLIGATIONS
Collaboration: You must action any requests we reasonably make of you, which may include but are not limited to (i) scheduling and attending meetings which enable us to render the Services, (ii) completing questionnaires or forms, (iii) providing us with access to existing software's or third-party accounts, (iv) releasing existing domains, (v) creating new third-party accounts, (vi) connecting payment methods (vii) downloading deliverable files.
Content Provision (Intensive): You must submit final versions ready for use, of all written content, images, assets, and materials ("Content") we request, prior to the Start Date and by the methods requested by us. You must obtain and verify all necessary rights, licenses, and permissions for any Content you submit and you are responsible for ensuring the quality and accuracy of any Content you supply to us and for reviewing the accuracy of any content we upload, implement, change, or otherwise input on your behalf.
Availability (Intensive): Due to the express nature of an Intensive, when you engage our Services you must be readily available to communicate with us and ensure responses to any approvals, or other requests for information between the Start Date and End Date are actioned within three (3) business hours.
Third-Party Requirements: Where we recommend, configure, or integrate third-party tools, platforms, or solutions, you are responsible for: (i) all third-party costs including but not limited to subscription fees, domain name and transfer, website hosting, subscriptions, licences, and payment processing fees, (ii) maintaining any accounts, subscriptions, plans, or domains (iii) accepting any transfers of ownership or invitations to manage third-party accounts (iv) complying with the terms and conditions of any third-party provider.
System Requirements: You are responsible for ensuring you have the appropriate software, systems, and internet connection to access our Products and Services. We do not guarantee compatibility with all devices or third-party applications and are not responsible for issues arising from system limitations or changes to third-party software.
Legal Compliance: You are responsible for ensuring compliance with all applicable laws, regulations, and industry standards relevant to your business or location in relation to the Products or Services.
DISCLAIMERS
No Guarantee Of Results: We do not guarantee any specific outcomes, business results, visibility, ranking, or performance as a result of engaging our Services or purchasing our Products.
Non-Exclusivity: Our designs and strategy formulations may contain templated or standardised elements. We do not guarantee exclusivity to any framework, design structure, visual layout, format, or process.
Legal Advice: Any recommendations we make do not constitute legal advice. We advise you seek independent professional advice regarding your legal obligations, and obligations for conducting business online.
Third-Party Terms: We may recommend, configure, or integrate third-party services or solutions (including but not limited to website hosts, domain registrars, payment processors, business tools, or plugins) as part of delivering our Products or Services. We are not responsible for the performance, availability, accuracy errors, changes, or privacy practices of any third-party service.
INTELLECTUAL PROPERTY
Intellectual property rights: We own and reserve Intellectual Property Rights for all Intellectual Property licensed, developed, adapted, modified or created by or on behalf of us and nothing in these Terms constitutes a transfer or assignment of any of our Intellectual Property Rights unless expressly stated.
Licencing: Purchase of our Products or Engaging our Services grants you a non-exclusive, non-transferable licence for personal use only. You must not copy, share, resell, repurpose, distribute, or otherwise make the product available to others without our prior written and express consent.
MARKETING
Portfolio Rights: We reserve the right to display, publish, and otherwise use the work produced for you (including screenshots, videos, designs, and project descriptions) for our own marketing, promotional and portfolio purposes, both online and offline at any time. Your privacy is of the utmost importance and in the event we use work produced for you for marketing, promotional, or portfolio purposes, sensitive business information will be removed or redacted entirely.
Reviews: We may request your feedback about our Products or Services from time to time. Where you provide us with a review or testimonial, you expressly grant us permission to use your name or business name, profession, and review (in full or part) for marketing, promotional and portfolio purposes. You may withdraw this permission at any time by emailing us at hi@mambaco.com.au.
FORCE MAJEURE
Neither party shall be held liable for any failure or delay in performing their obligations under these Terms due to causes or events beyond their reasonable control. This includes but is not limited to acts of God, natural disasters, pandemics, government actions, power outages, internet failures, labour disputes, civil disputes, or personal emergencies such as serious illness, injury, or bereavement.
If either party is affected by such an event, they must notify the other as soon as reasonably possible. Both Parties will make reasonable efforts to agree on a suitable extension, a Rescheduling, or Variation.
CHANGES TO TERMS
We may update or modify these Terms from time to time and without specific notice. Any changes will be posted on this page indicated by the Last Updated date. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your engagement of the Services or continued use of our website after the date on which the revised Terms are posted.
Last Updated:
16 April 2026