Terms and Conditions
Sam Cook trading as Digital Resonance — ABN 72 192 380 499
These Terms and Conditions ("Terms") govern the purchase and placement of advertising on digital video platforms ("Platforms") by Sam Cook trading as Digital Resonance ("we", "us", "our") for the client ("you", "your"). By submitting a booking or engaging these services, you agree to be bound by these Terms.
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1.1 A booking is made when you submit our booking form. We may, at our discretion, in which case no charges apply.
1.2 We purchase advertising placements in our own right on the Platforms you select in your booking, and arrange for your advertising material to be placed on those Platforms, up to the media spend set out in your booking.
1.3 We may purchase placements directly from a Platform's owner or through third parties. How we purchase placements does not change your obligations under these Terms.
1.4 Each Platform operates under its own terms, specifications, and policies. Your campaign is subject to those requirements, and where they conflict with these Terms in relation to the placement of your advertising, the Platform's requirements prevail.
1.5 Minimum campaign budgets for each Platform are as shown on our booking form. Campaign budgets exclude GST and are made up of an 80% media spend and our 20% service fee.
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2.1 The campaign start date in your booking is a requested date only. We will use reasonable efforts to begin your campaign on that date, but we do not guarantee that it will be met. Requested start dates must be at least five days after you submit your booking.
2.2 You may cancel the booking for a Platform without charge if your campaign has not started on it within 14 days of the requested date because of a delay caused by us, or within 30 days for any reason, in which case we may also cancel. Cancelling one Platform does not affect your booking for any other Platform.
2.3 Your campaign may start on different dates on different Platforms. On each Platform, your campaign will run for four weeks from the date it starts on that Platform. We will let you know the date your campaign starts on each Platform.
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3.1 Any cost per thousand impressions (CPM), reach, impression, or view figure we quote is an estimate based on information available at the time. Actual delivery depends on factors outside our control and may differ from those estimates. We do not guarantee any particular number of views, impressions, reach, or CPM.
3.2 We invoice you for the media spend actually charged to us by each Platform, up to the media spend of your campaign budget, not for estimated figures (see clause 5.2).
3.3 Where a Platform provides a credit or make-good for under-delivery, we will pass the benefit on to you.
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4.1 You must supply finished advertising material that complies with each Platform's technical specifications when submitting a booking form, and any replacement material we request. We do not create or alter the content of advertising material.
4.2 You are solely responsible for the content, claims, and legal compliance of your advertising material.
4.3 Each Platform may review, reject, require changes to, or remove your advertising material at any time. We are not responsible for any Platform decision, and any resulting delay or cost is your responsibility.
4.4 You grant us and each Platform a licence to use, copy, and transmit your advertising material as needed to deliver your campaign.
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5.1 Your campaign budget excludes GST and is made up of an 80% media spend and our 20% service fee (see clause 1.5).
5.2 We fund the media spend for your campaign while it runs. After your campaign ends on all Platforms, we will issue a single invoice covering:
• the media spend actually charged to us by each Platform for your campaign, up to the 80% media spend portion of your campaign budget;
• plus our service fee, calculated as 25% of that actual media spend; and
• plus GST, calculated on the combined total of the above, in accordance with applicable Australian tax law.
5.3 Invoices will itemise the media spend, our service fee, and the GST component separately, and will display our ABN (72 192 380 499).
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6.1 Invoices are due for payment within 14 days of the invoice date.
6.2 Your obligation to pay is not affected by the performance or results of your campaign.
6.3 We may charge interest on overdue amounts at the rate that applies to unpaid court judgments in New South Wales, calculated daily from the due date until payment.
6.4 You must reimburse us for reasonable costs incurred in recovering overdue amounts, including debt collection and legal costs where permitted by law.
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7.1 If you wish to dispute any part of an invoice, you must notify us in writing at sam@digitalresonance.com.au within 7 days of the invoice date, specifying the line item and reason for the dispute.
7.2 Any portion of the invoice that is not disputed remains due for payment by the original due date under clause 6.1. Any disputed amount found to be payable is due within 7 days after the dispute is resolved.
7.3 Failure to notify us within that period does not affect any rights you may have under applicable law.
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8.1 You may request changes to a booking by notice in writing at sam@digitalresonance.com.au. Changes are not guaranteed and only take effect if we confirm them in writing.
8.2 You may cancel a booking by notice in writing at sam@digitalresonance.com.au. Except as set out in clause 2.2, we will invoice you for any amounts we have incurred and cannot recover, together with our corresponding service fee and GST.
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9.1 We will provide you with campaign reporting as made available to us by each Platform. The format, detail, and timing of reporting vary between Platforms.
9.2 Reporting data is supplied by Platforms and third parties. We do not verify it independently and do not guarantee its accuracy or completeness.
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10.1 To the maximum extent permitted by law, we are not liable for the performance or results of your campaign, or for any decision or action of a Platform, or for any indirect or consequential loss, including loss of opportunity or reputation.
10.2 To the maximum extent permitted by law, our total liability to you arising out of or in connection with these Terms, however caused, is limited to the service fee you have paid us for the campaign giving rise to the claim.
10.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
10.4 You agree to indemnify and hold us harmless against any loss, cost, fine, claim, or liability to the extent arising from your advertising material or your breach of these Terms, except to the extent caused by our negligence.
10.5 We are not liable for any delay or failure to perform our obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including Platform outages or schedule changes, internet or telecommunications failures, cyberattacks, power failures, or natural disasters.
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11.1 Each party agrees to keep confidential any non-public business information received from the other, except where disclosure is required by law or is needed to deliver your campaign.
11.2 We may share deidentified statistics about campaign performance for marketing purposes to demonstrate our services. These statistics will not include your business name, personally identifiable information, or confidential campaign details unless you agree otherwise in writing.
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12.1 These Terms apply from the date you first submit a booking and continue until all bookings have been completed, cancelled, or terminated, and all amounts owing have been paid.
12.2 We may terminate a booking or these Terms immediately by notice if you breach these Terms (including non-payment) or if your conduct exposes us to legal, financial, or reputational risk. Clause 8.2 applies as if you had cancelled.
12.3 Termination does not affect any amounts already accrued, which remain payable in accordance with these Terms.
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13.1 We may update these Terms from time to time. Changes do not apply to a booking already made unless you agree in writing.
13.2 Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between the parties.
13.3 These Terms, together with your booking, constitute the entire agreement between the parties in relation to the services described here.
13.4 If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remainder of these Terms will continue in full force and effect.
13.5 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
13.6 Notices may be given by email to the most recent email address provided by the other party.
13.7 These Terms are governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales.
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14.1 By submitting a booking, you confirm that you have read, understood, and agree to these Terms, and that you are authorised to accept them on behalf of your organisation.
14.2 Questions about these Terms can be sent to sam@digitalresonance.com.au.
Last updated: 9 October 2026.