Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between Red Dog Advisory, owned and operated by The Sawlwin Family Trust, ABN 76 509 849 040 ("Red Dog Advisory", "we", "us", "our") and you, the individual or entity accessing our website, engaging our services, or communicating with us in any commercial capacity ("Client", "you", "your"). By engaging Red Dog Advisory in any capacity, including visiting our website, submitting an enquiry form, entering into a written engagement agreement, or accepting a proposal, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease use of our website and services.

2. Services

Red Dog Advisory provides business advisory, marketing strategy, AI and automation consulting, property and real estate marketing services, website development, and related professional services ("Services"). The specific scope, deliverables, timelines, and fees for any engagement are set out in a separate written Proposal, Statement of Work, or Engagement Letter ("Engagement Agreement"), which forms part of these Terms. In the event of any inconsistency between an Engagement Agreement and these Terms, the Engagement Agreement prevails to the extent of the inconsistency.

Red Dog Advisory reserves the right to modify, suspend, or discontinue any service offering at any time without liability to you, except in respect of obligations already incurred under a signed Engagement Agreement.

3. Fees, Payment, and Invoicing

All fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST will be added where applicable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing.

Red Dog Advisory reserves the right to charge interest on overdue invoices at a rate of 10% per annum, calculated daily, from the due date until the date of payment. We further reserve the right to suspend all Services, without liability, where any invoice remains unpaid beyond thirty (30) days of the due date. Any legal or debt collection costs incurred in recovering overdue amounts are payable by the Client.

Retainer fees are non-refundable once the relevant retainer period has commenced. Project-based fees are non-refundable in respect of any work already completed or committed at the time of cancellation.

4. Intellectual Property

All intellectual property created by Red Dog Advisory in the course of delivering Services, including but not limited to strategies, reports, frameworks, content, code, designs, and methodologies ("Deliverables"), remains the exclusive property of Red Dog Advisory until payment of all outstanding invoices has been received in full. Upon receipt of full payment, Red Dog Advisory grants the Client a perpetual, non-exclusive, non-transferable licence to use the Deliverables for their internal business purposes.

Red Dog Advisory retains ownership of all pre existing intellectual property, tools, templates, processes, and know how used in delivering the Services ("Background IP"), and nothing in these Terms transfers ownership of Background IP to the Client. Red Dog Advisory may reference the engagement and outcome (without disclosing confidential information) in its portfolio and marketing materials unless the Client has expressly requested otherwise in writing.

5. Confidentiality

Both parties agree to treat as confidential all non-public information disclosed by the other party in connection with the engagement ("Confidential Information"). Neither party will disclose Confidential Information to any third party without prior written consent, except where required by law, regulation, or court order, or where the information is already publicly available through no fault of the receiving party. This obligation survives termination of the engagement for a period of three (3) years.

6. Client Obligations and Responsibilities

The Client agrees to: (a) provide accurate, complete, and timely information, access, and approvals as reasonably required for Red Dog Advisory to deliver the Services; (b) designate a suitably authorised contact person to liaise with Red Dog Advisory; (c) review and approve Deliverables within agreed timeframes; and (d) ensure that any materials, content, or information provided to Red Dog Advisory do not infringe the intellectual property or other rights of any third party.

Red Dog Advisory is not liable for any delay, deficiency, or failure in Services caused by the Client's failure to meet these obligations. Additional fees may apply where scope creep arises from incomplete or changing Client instructions.

7. Limitation of Liability

To the maximum extent permitted by law, Red Dog Advisory's total liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total fees paid by the Client to Red Dog Advisory in the three (3) months immediately preceding the event giving rise to the claim.

Red Dog Advisory expressly excludes liability for: (a) indirect, consequential, special, or punitive loss or damage; (b) loss of revenue, profit, opportunity, goodwill, or data; (c) loss arising from the Client's reliance on advice without independent verification; (d) outcomes dependent on third party platforms, algorithm changes, market conditions, or factors outside Red Dog Advisory's reasonable control. Nothing in these Terms excludes liability which cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

8. Warranties and Disclaimers

Red Dog Advisory warrants that Services will be delivered with reasonable care and skill in accordance with applicable professional standards. All other warranties, express or implied, are excluded to the fullest extent permitted by law.

Advisory services involve recommendations based on information available at the time. Red Dog Advisory does not guarantee specific business outcomes, revenue figures, lead volumes, search rankings, advertising performance, or investment returns. Past results and case study metrics are indicative only and are not a guarantee of future performance. Clients should exercise their own commercial judgement and seek independent advice where appropriate.

9. Termination

Either party may terminate an engagement by providing thirty (30) days' written notice to the other party. Red Dog Advisory may terminate an engagement immediately and without notice where: (a) the Client fails to pay any invoice within thirty (30) days of the due date; (b) the Client acts in a manner that is abusive, harassing, or threatening toward Red Dog Advisory personnel; or (c) the Client is in material breach of these Terms and fails to remedy such breach within seven (7) days of written notice.

Upon termination, the Client remains liable for all fees accrued up to the date of termination. Red Dog Advisory will deliver to the Client all completed Deliverables up to the termination date upon receipt of all outstanding payments.

10. Dispute Resolution

The parties agree to attempt to resolve any dispute arising out of or relating to these Terms or the Services through good-faith negotiation in the first instance. If the dispute is not resolved within twenty-one (21) days of written notice of the dispute, the parties agree to refer the matter to mediation before initiating any legal proceedings, with the mediator to be agreed between the parties or, failing agreement, appointed by the Law Society of South Australia.

These Terms are governed by the laws of South Australia, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia.

11. Force Majeure

Red Dog Advisory is not liable for any failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, civil unrest, government action, power outages, or internet infrastructure failures. Red Dog Advisory will notify the Client promptly of any such event and resume performance as soon as reasonably practicable.

12. Use of AI Systems

This website and our service delivery make use of artificial intelligence tools and systems, including AI generated content, AI chat and advisory features, and automated workflows. AI outputs are generated based on the information available to the system at the time and may occasionally be inaccurate, incomplete, or require human review. Red Dog Advisory does not guarantee the accuracy of any AI-generated output and recommends independent verification before relying on it for business decisions.

By using this website or our services, you acknowledge and agree that information you provide may be processed by AI systems as part of delivering our services, and you accept the effects this may have on how your information is handled, including processing by third-party AI providers. Where personal information is involved, this processing is carried out in accordance with our Privacy Policy.

Our website and internal systems are built on Base44, a secure application platform that provides encrypted data handling, managed authentication, and secure infrastructure for the tools we use. This platform helps protect the information submitted through our website and supports Red Dog Advisory in meeting its data security obligations, but does not remove your responsibility to use our website and services lawfully and securely.

13. Website Use

You may use this website for lawful purposes only. You must not use this website in any way that breaches any applicable law or regulation, or in any way that is fraudulent, harmful, or disruptive. Red Dog Advisory makes no warranty that this website will be uninterrupted, error free, or free from viruses or other harmful components. You are responsible for your own internet connection and device security.

Our website may contain links to third party websites. These links are provided for convenience only. Red Dog Advisory does not endorse, control, or take responsibility for the content or privacy practices of third-party websites.

14. Amendments

Red Dog Advisory reserves the right to amend these Terms at any time by posting updated Terms on this website. Continued use of our Services following notification of changes constitutes your acceptance of the updated Terms. For existing engagements under a signed Engagement Agreement, amendments to these Terms do not apply retroactively without mutual written consent.

15. Entire Agreement and Severability

These Terms, together with any Engagement Agreement, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior representations, negotiations, understandings, and agreements. If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed and the remaining Terms will continue in full force and effect.

16. Contact

For any questions regarding these Terms, please contact us at: info@reddogadvisory.com or in writing to Red Dog Advisory, Adelaide, South Australia.