TERMS OF SERVICE

1. Agreement

1.1. These Terms of Service (“Terms”) form a legally binding agreement between SVB Enterprises Pty Ltd trading as Pick N Mixy (“PNM”, “we”, “us”, “our”) and any individual or entity purchasing services via our e-store (“Client”, “you”).

1.2. By placing an order through our e-store platform (including via Zendo), you agree to be bound by these Terms.

1.3. Each purchase constitutes a separate agreement for services, except where a Subscription (defined below) applies.

 

2. Nature of Services (Self-Service Model)

2.1. PNM provides low-cost, fast-turnaround marketing concepts, content, and related deliverables (“Services”).

2.2. The Services are provided on a self-service basis, meaning:

• You are solely responsible for defining the brief and inputs;

• PNM does not provide strategic advice, critique, or validation of your brief;

• PNM will deliver outputs strictly based on the information provided.

2.3. You acknowledge that:

• The quality, effectiveness, and suitability of the deliverables depend entirely on the information you provide;

• PNM is not responsible for incomplete, unclear, or inaccurate briefs.

 

3. Client Responsibilities

3.1. You must provide all required information requested in the order form or subsequently requested by PNM.

3.2. If your brief is unclear or incomplete, PNM may request clarification.

3.3. If you fail to respond to requests for clarification within a reasonable timeframe, PNM may:

• Pause the Services; and/or

• Treat the order as abandoned without refund.

 

4. Service Delivery

4.1. PNM will deliver Services based on the submitted brief and any clarifications provided.

4.2. PNM retains full discretion over the method, tools, and processes used to deliver the Services.

4.3. Timeframes are indicative only and may be affected by Client responsiveness.

 

5. Fees and Payment

5.1. All Services must be paid for in full at the time of purchase unless otherwise specified.

5.2. Payment confirms that:

• You have reviewed your order; and

• Work is deemed to have commenced immediately upon payment.

5.3. All fees are stated in the applicable currency and are non-refundable except as required by law.

 

6. Subscription Services

6.1. Certain Services may be offered on a recurring subscription basis (“Subscription”).

6.2. Subscriptions are billed in advance on a recurring monthly basis.

6.3. Subscriptions will automatically renew unless cancelled.

6.4. Cancellation:

• You may cancel your Subscription at any time via the platform;

• Cancellation will take effect at the end of the current billing period;

• No refunds or credits will be provided for partial billing periods.

6.5. PNM reserves the right to cancel a Subscription at its discretion, with notice.

 

7. No Ongoing Contract

7.1. Each one-off purchase is a standalone transaction and does not create an ongoing contractual relationship.

7.2. Only Subscriptions create an ongoing arrangement, which continues until cancelled by either party.

 

8. Refund Policy

8.1. Due to the nature of the Services:

• All sales are final;

• Refunds are not provided for change of mind, dissatisfaction with outcomes, or business performance.

8.2. Nothing in these Terms excludes your rights under Australian Consumer Law (ACL).

8.3. Where required under the ACL, PNM will provide remedies for:

• Services not delivered with due care and skill;

• Services not provided as described; or

• Other applicable statutory guarantees.

 

9. No Guarantee of Results

9.1. You acknowledge that marketing outcomes depend on numerous factors outside PNM’s control.

9.2. PNM makes no guarantees regarding:

• Performance, engagement, or conversion outcomes;

• Revenue or business results;

• Suitability of deliverables for your business.

9.3. PNM is not responsible for how you implement or use the deliverables.

 

10. Revisions and Amendments

10.1. Where applicable, the number of revision rounds included in a Service will be as expressly stated in the service description at the time of purchase.

10.2. If no revision rounds are specified in the service description, no revisions are included in the Service.

10.3. A “revision round” means a single consolidated set of feedback submitted by the Client in response to delivered work.

10.4. The Client must provide all requested changes, feedback, and clarifications in one complete response per revision round. Multiple or fragmented submissions may be treated as separate revision rounds at PNM's discretion.

10.5. PNM is not obligated to proceed with revisions where feedback is:

• incomplete;

• unclear; or

• inconsistent with the original brief.

10.6. Once the included revision rounds (if any) have been exhausted, no further revisions will be provided as part of the original purchase.

10.7. In limited circumstances and at PNM’s sole discretion, additional revision rounds may be offered for purchase in advance at a rate of AUD $99 + GST per round.

10.8. Additional revision rounds:

• must be paid in full prior to commencement;

• will be treated as a new, standalone service; and

• do not create any obligation for ongoing revisions beyond what is purchased.

 

11. Deemed Acceptance and Project Closure

11.1. Upon delivery of any Service (including initial delivery or any revision round), the Client is required to review and respond with any feedback within five (5) business days.

11.2. If the Client does not provide any response within this five (5) business day period, the Service will be deemed accepted in full.

11.3. Once a Service is deemed accepted:

• the order will be marked as complete;

• no further work will be undertaken; and

• any included revision rounds (if applicable) will be considered forfeited.

11.4. PNM is under no obligation to re-open or continue work on a completed or deemed accepted Service.

11.5. If the Client wishes to recommence work after a Service has been completed or deemed accepted, this will be treated as a new Service and will require a new purchase.

 

12. Intellectual Property

12.1. You retain ownership of all materials you provide.

12.2. Upon full payment, you are granted a licence to use the deliverables for your business purposes.

12.3. PNM retains ownership of:

• Underlying processes, templates, and methodologies;

• Any pre-existing intellectual property.

 

13. Confidentiality

13.1. “Confidential Information” means all information disclosed by either party that is marked confidential or would reasonably be understood to be confidential.

13.2. Confidential Information does not include information that:

• Was already known at the time of disclosure;

• Is obtained from a third party without breach;

• Becomes public without breach;

• Is independently developed.

13.3. Each party agrees to:

• Protect Confidential Information with reasonable care;

• Use it only to perform obligations under these Terms;

• Limit access to personnel with a need to know.

13.4. Each party acknowledges that unauthorised disclosure may cause irreparable harm and may result in injunctive relief.

13.5. Upon termination or request, Confidential Information must be returned or destroyed, except where required for legal or operational purposes.

 

14. Limitation of Liability

14.1. To the maximum extent permitted by law, PNM is not liable for:

• Indirect or consequential loss;

• Loss of revenue, profits, or business opportunity;

• Outcomes arising from use of the Services.

14.2. PNM’s total liability is limited to the amount paid for the relevant Service.

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15. Indemnity

15.1. You agree to indemnify PNM against any claims arising from:

• Your use of the Services;

• Your breach of these Terms;

• Any materials you provide.

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16. Relationship of the Parties

16.1. PNM is an independent contractor.

16.2. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

 

17. Termination

17.1. PNM may suspend or terminate Services if you breach these Terms.

17.2. Upon termination:

• Work will cease immediately;

• No refunds will be issued except as required by law.

 

18. Entire Agreement

18.1. These Terms constitute the entire agreement between the parties.

18.2. PNM may update these Terms at any time, with updated terms applying to future purchases.

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19. Waiver

19.1. Failure to enforce any provision does not constitute a waiver.

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20. Severability

20.1. If any provision is unenforceable, the remaining provisions remain in effect.

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21. Governing Law

21.1. These Terms are governed by the laws of Queensland, Australia.

21.2. The parties submit to the exclusive jurisdiction of the courts of Queensland.

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22. Contact

For any questions regarding these Terms, please contact team@picknmixy.com.