Terms of trade
Terms of service.
Last updated 6 July 2026.
These terms set out how Counterpoint Agency works with its clients. They apply to every engagement unless we agree otherwise in writing. Counterpoint Agency operates from Margaret River, Western Australia.
Engagement and scope
All work is performed under a written scope of works agreed for each engagement. The scope sets out the deliverables, timing and fees. Anything not described in the scope is outside the engagement until we agree to add it.
Variations
Changes to an agreed scope are confirmed in writing before the affected work proceeds. Where a change alters the fee or timing, we set that out at the same time so there are no surprises.
Acceptance
Deliverables are provided to the client for review. The client confirms acceptance with written sign off on completion. Reasonable revisions within the agreed scope are included; work beyond the scope is handled as a variation.
Client materials and IP warranty
The client warrants that all materials, content and branding they supply to us do not infringe the rights of any third party. The client indemnifies Counterpoint against any claim, loss or cost arising from the materials they supply.
Counterpoint intellectual property
Counterpoint retains ownership of its pre existing tools, systems and know how, including the Agency platform and anything we develop independently of an engagement. On full payment for an engagement, the client receives a licence to use the deliverables produced for them.
Data
Client business data connected to the Agency platform is stored on Australian region cloud infrastructure with automated daily backups. Counterpoint does not process or store payment card data.
Third party platforms
Our work depends on third party platforms such as Shopify, Meta, Google, Klaviyo and Xero. Counterpoint is not liable for outages, changes, pricing or decisions made by those platforms, which are outside our control.
Fees and payment terms
Fees are set out in the scope of works. Invoices are payable within 14 days of the invoice date unless we agree otherwise in writing.
Limitation of liability
To the extent permitted by law, Counterpoint's total liability for any engagement is capped at the fees paid for that engagement. Counterpoint is not liable for indirect or consequential loss, including lost profits or lost revenue.
Governing law
These terms are governed by the laws of Western Australia, and the courts of Western Australia have jurisdiction.
Questions about these terms are welcome. Please reach us through the contact page.