Effective Date: Upon signup
Company: In Flow Marketing (ABN 68 910 335 743)
Address: Maudsland, QLD 4210
Contact: jess@inflowmarketing.co

These Terms of Service and Service Agreement apply to all Clients who purchase services, subscriptions or packages from In Flow Marketing through the website or via Stripe checkout. By completing a purchase, the Client confirms they have read, understood and agree to be legally bound by these Terms.

These Terms replace the need for a separate signed agreement. No physical signature is required.

1. Definitions

Client means the person or business purchasing services from the Company.
Company means In Flow Marketing.
Services means email marketing, Klaviyo support and related work provided by the Company.
Packages means the service packages listed in clause 4.
Term means the fixed contract period selected at checkout.
Renewal Term means the month to month period following the Term.
GST means Goods and Services Tax under Australian law.

2. Pre Contract Disclosures

To comply with Australian Consumer Law and to ensure transparency, the Company clearly discloses that:

• All Packages are fixed-term commitments
• There are no cancellations during the Term
• The Client must pay the full contract value
• Payments recur monthly via Stripe
• The agreement automatically renews unless terminated correctly
• Additional work outside scope is billed separately

The Client must actively agree to these Terms before purchase.

Nothing in these Terms removes the Client’s rights under the Australian Consumer Law.

3. Agreement to Services

By purchasing a Package, the Client agrees to work with the Company for the full Term. The Company agrees to provide the Services described for the Package selected on the website at the time of purchase.

4. Packages and Minimum Terms

The following fixed-term Packages are available:

• Klaviyo Momentum – 3 Month
• Klaviyo Growth Partner – 3 Month
• Klaviyo Momentum – 6 Month
• Klaviyo Growth Partner – 6 Month

When purchasing any Package, the Client acknowledges that:

• The agreement is a fixed-term professional services contract
• The full minimum contract value is owed
• There are no cancellations or early exits
• No refunds are provided
• Reduced usage or non usage does not change payment obligations

5. Fixed Term Commitment

The nature of the work requires the Company to allocate staff, resources and scheduling for the entire Term. To ensure fairness and clarity, the Client agrees that:

• The Term is a committed minimum contract period
• All payments for the full Term are required
• Non usage, delays or change of circumstance do not reduce fees
• The Client cannot terminate early
• The Company provides all fixed-term details transparently before purchase

This clause is designed to be fair, reasonable and fully compliant with the ACL.

6. Renewal of Contract

The Company will contact the Client one month before the end of the Term.

The Client then has one week after the final month to request termination.

If the Client does not respond, or approves continuation, the agreement automatically renews on a month to month basis at the following current rates:

• Klaviyo Momentum: 1,695 dollars per month plus GST
• Klaviyo Growth Partner: 2,995 dollars per month plus GST

The Company may review and update these rates from time to time and will provide reasonable written notice. Updated rates apply to the Renewal Term unless the Client terminates within the required timeframe.

Continuing to use the Services after a rate update constitutes acceptance of the new rates.

Once renewed, termination requires one full billing cycle’s written notice.

Failure to read emails or update contact details is not grounds to dispute renewal or rate changes.

7. Payment Terms

All payments are processed through Stripe.

By purchasing a Package, the Client authorises the Company to:

• Store payment details securely through Stripe
• Charge recurring monthly payments for the full Term
• Continue charging during the Renewal Term
• Charge for additional work when approved

If a payment fails, Stripe may automatically retry the charge.

If payment remains overdue by more than 7 days, the Company may suspend the Services.

If payment remains unpaid:

• Services may remain suspended
• Interest may be applied
• The full remaining contract value may be invoiced immediately
• The matter may be sent to collections
• The Client is responsible for all recovery costs

8. Suspension for Non Payment

If payment fails or becomes overdue by more than 7 days, the Company may suspend Services immediately.

Suspension does not:

• Pause or extend the Term
• Reduce the Client’s obligation to pay
• Entitle the Client to refunds or credits
• Roll over unused deliverables

All deliverables missed due to suspension are permanently forfeited.

Services resume once outstanding amounts are paid in full.

9. Chargebacks and Payment Disputes

The Client agrees not to initiate a chargeback for reasons inconsistent with these Terms, including change of mind, dissatisfaction with results, reduced usage, or early termination.

The Client acknowledges that:

• They actively accepted these Terms at checkout
• Stripe timestamps and logs constitute contractual evidence
• This is a fixed-term service agreement

If a chargeback occurs, the Company may:

• Provide these Terms to the bank or Stripe
• Suspend Services immediately
• Charge the Client for fees, losses and administrative time
• Recover the full remaining contract value including legal or collection costs

Nothing in this clause limits the Client’s rights under the ACL.

10. Additional Work and Fees

Any additional email, revision, flow, campaign or deliverable outside the Package inclusions is charged at:

155 dollars per email plus GST

The Company will notify the Client of additional costs before commencing.

Work may not begin until payment is received.

11. Client Responsibilities

The Client agrees to:

• Provide timely access to Klaviyo and required logins
• Supply assets, product info and content as needed
• Submit newsletter topics at least two business days before required send
• Maintain email lists with valid, lawful consent
• Comply with all email marketing and privacy laws
• Respond to approval requests within a reasonable timeframe

12. Client Delays

If the Client fails to provide access, approvals or materials:

• Deliverables may be delayed or withheld
• Missed deliverables may be forfeited
• No refunds or rollovers apply
• The Client must still pay all fees for the Term

Client delays do not extend the Term.

13. Confidentiality

Both parties agree to keep non public information confidential.
This obligation continues for 12 months after termination.

Disclosure is permitted to legal, financial or professional advisers or if required by law.

14. Cyber Security and Access

The Company agrees to:

• Use secure password management practices
• Protect login credentials
• Access accounts only for agreed purposes

The Company is not liable for:

• Breaches caused by third party platforms
• The Client’s own systems
• Passwords shared insecurely by the Client
• External outages affecting email performance

15. Use of AI

The Company may use AI tools to support analysis, testing and content suggestions. All AI assisted work is reviewed manually by the Company.

AI is not used to process sensitive data without consent.

16. Copyright and Intellectual Property

Until full payment is made, all deliverables remain the property of the Company.

Upon full payment, the Client receives a licence to use the deliverables for their intended purpose.

The Company retains ownership of:

• Frameworks
• Templates
• Methods and processes
• Internal strategy structures

The Company may use anonymised results or creative work for its portfolio unless the Client opts out in writing.

The Client confirms all materials they provide comply with copyright law.

17. No Guarantees

The Company does not guarantee:

• Revenue increases
• Sales performance
• Deliverability or open rates
• Results of A/B tests
• Platform reliability
• Audience behaviour

Results depend on factors outside the Company’s control.

18. Platform and Data Disclaimers

The Company is not responsible for:

• Klaviyo outages
• Email provider filtering (Google, Yahoo, Outlook etc)
• Apple Mail Privacy effects
• Third party platform downtime
• Data loss within external platforms

19. Indemnity

The Client indemnifies the Company against all claims, penalties, losses, legal costs and liabilities arising from:

• Breaches of privacy, spam or email marketing laws
• The Client’s subscriber list or data practices
• Copyright infringement in Client-supplied materials
• Misuse of deliverables
• Complaints or investigations relating to the Client’s conduct

This clause survives termination.

20. Privacy, Data Protection and Email Compliance

Both parties agree to comply with applicable privacy laws including the Privacy Act 1988 (Cth) and the Australian Spam Act 2003.

If the Client serves customers overseas, the Client is responsible for compliance with international laws such as GDPR or CCPA.

The Client warrants that:

• All subscriber data has been collected lawfully
• All recipients have valid consent
• Their privacy policy is accurate and up to date
• Lists are maintained responsibly

The Company is not responsible for:

• Legality of subscriber data
• List quality or consent
• Third-party platform data breaches

21. Subcontractors

The Company may engage subcontractors.
The Company remains responsible for the quality of the work.

22. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control. If delays exceed 10 business days, the parties will discuss alternatives.

23. Termination

Termination is only available:

• At the end of the Term
• During the one week termination window
• With one full billing cycle’s notice during the Renewal Term

Early termination is not permitted.
Unused deliverables are forfeited.

24. Dispute Resolution

If a dispute arises, the parties must:

• Attempt to resolve it in writing
• If unresolved, attend mediation in Queensland

Only after mediation may legal proceedings be commenced.

Each party pays their own costs unless otherwise agreed.

25. Variation of Terms

The Company may update these Terms by providing written notice.
Continued use of the Services after notice constitutes acceptance of the updated Terms.

26. Severability

If part of these Terms is invalid, the remainder continues in full effect.

27. Assignment

The Company may assign or transfer this agreement, including on sale of the business.
The Client may not assign their rights without written consent.

28. Governing Law

These Terms are governed by the laws of Queensland, Australia.
Any disputes must be resolved exclusively within Queensland.

29. Acceptance

By completing checkout, the Client confirms they:

• Have read these Terms
• Understand the fixed-term commitment
• Authorise recurring payments
• Accept all obligations

No further signature is required.