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Terms and Conditions

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Last updated: 15/06/2026

These Terms & Conditions apply to the use of this website and to services provided by Toia Digital, unless a separate written agreement, proposal, quote, or service agreement states otherwise.

By using this website, submitting an enquiry, booking a call, accepting a proposal, or engaging Toia Digital for services, you agree to these Terms & Conditions.

1. About Toia Digital

Toia Digital provides digital marketing services for boutique wineries and related businesses.

Services may include Instagram structure, content planning, website booking path improvements, email follow-up systems, digital customer journey reviews, campaign planning, and related marketing support.

Business name: Toia Digital
Location: Sydney, Australia
ABN: 
Email: augusto@toiadigital.com

2. Website use

This website is provided for general information about Toia Digital and its services.

You agree to use this website lawfully and not to:

  • interfere with the operation or security of the website

  • attempt to gain unauthorised access to any part of the website

  • copy, reproduce, or reuse website content without permission

  • submit false, misleading, unlawful, harmful, or offensive information

  • use the website in a way that breaches applicable laws or third-party rights

We may update, change, remove, or add content to this website at any time without prior notice.

3. Website availability

We aim to keep this website available and functioning properly. However, we do not guarantee that the website will always be available, uninterrupted, secure, error-free, or free from technical issues.

The website may be unavailable from time to time due to maintenance, technical problems, platform issues, internet disruptions, third-party provider issues, or events outside our reasonable control.

4. Website information

The information on this website is provided for general information only.

While we aim to keep information accurate and current, we do not guarantee that all information is complete, accurate, current, or suitable for your specific business situation.

Any examples, service descriptions, expected outcomes, or marketing ideas on this website are general in nature and should not be treated as a guarantee of results.

5. Enquiries and electronic communications

When you submit a contact form, book a call, send an email, or communicate with Toia Digital electronically, you agree that we may respond to you electronically using the contact details you provide.

You are responsible for ensuring that any information you provide is accurate, complete, and current.

Submitting an enquiry does not create a client relationship unless Toia Digital confirms the engagement in writing and any required payment or approval has been received.

6. Services

Toia Digital provides services as agreed in writing through a proposal, quote, email, invoice, service summary, or other written confirmation.

The exact scope of services, deliverables, timeframes, fees, and inclusions will be agreed before work begins.

Services may include, but are not limited to:

  • Instagram bio and profile optimisation

  • Instagram highlights refresh

  • Instagram content planning and posting

  • website booking path review and recommendations

  • website call-to-action improvements

  • email signup review and improvement

  • welcome email setup

  • email follow-up sequence setup

  • monthly email campaigns

  • customer journey audits

  • campaign planning for bookings, wine sales, events, or wine club growth

  • performance summaries and strategy calls

Any work outside the agreed scope may require a new quote, additional fee, or written approval before proceeding.

7. Client responsibilities

To allow Toia Digital to provide services, the client agrees to provide, where reasonably required:

  • accurate business information

  • access to relevant platforms, such as Instagram, website, email marketing tools, booking tools, analytics, or related systems

  • brand assets, including logos, photos, videos, fonts, colours, wine images, and existing marketing materials

  • current opening hours, booking links, wine club details, event information, and service information

  • timely feedback, approvals, and decisions

  • access to third-party suppliers, such as web developers, designers, photographers, or platform providers, where needed

The client warrants that any materials, images, data, customer information, brand assets, or content provided to Toia Digital are owned by the client or the client has the right to provide and use them.

Toia Digital is not responsible for delays, errors, missed deadlines, reduced service quality, or incomplete work caused by late, inaccurate, incomplete, or unavailable client information, access, feedback, or approvals.

8. Approvals and changes

The client is responsible for reviewing and approving work before it is published, sent, or implemented, unless otherwise agreed.

Once content, emails, website changes, or campaign materials are approved by the client, the client accepts responsibility for that approval.

Reasonable minor changes may be included within the agreed scope. Larger changes, repeated revisions, urgent changes, or work outside the original scope may require an additional fee.

9. Fees and payment

Fees will be set out in a proposal, quote, invoice, email, or written service agreement.

Unless otherwise stated:

  • fees are in Australian dollars

  • fees are exclusive of GST, if GST applies

  • setup fees are payable before setup work begins

  • monthly retainers are payable in advance

  • invoices are payable within 7 days of the invoice date

  • third-party platform fees, advertising spend, plugin fees, subscription fees, stock imagery, paid tools, and other external costs are not included unless stated in writing

Toia Digital may pause work if payment is overdue.

Setup fees are generally non-refundable once planning, setup, strategy, access review, content work, or implementation has started.

10. Monthly services and cancellation

Monthly services are provided on a month-to-month basis unless otherwise agreed in writing.

Either party may cancel a monthly service by giving 30 days’ written notice.

The client remains responsible for payment of any fees due for work already completed, services already provided, active monthly service periods, approved work, third-party costs, or committed campaign costs.

Cancellation does not remove the client’s obligation to pay outstanding invoices.

11. Third-party platforms and tools

Toia Digital may use or work with third-party platforms and tools to provide services.

These may include, but are not limited to:

  • Wix

  • WordPress

  • Squarespace

  • Shopify

  • Meta platforms

  • Instagram

  • Facebook

  • Mailchimp

  • Klaviyo

  • Google Workspace

  • Google Analytics

  • Canva

  • booking platforms

  • payment or invoicing tools

The client acknowledges that third-party platforms are controlled by their respective providers and may be subject to their own terms, fees, policies, limitations, outages, changes, or technical issues.

Toia Digital is not responsible for loss, delay, interruption, error, account restriction, policy change, data loss, platform issue, or performance issue caused by a third-party platform or provider.

The client is responsible for complying with any applicable third-party platform terms, advertising policies, privacy requirements, and account rules.

12. No guarantee of business results

Toia Digital provides marketing services, strategy, content, customer journey improvements, and digital support.

However, Toia Digital does not guarantee any specific business outcome, including:

  • increased revenue

  • increased profit

  • increased bookings

  • increased wine sales

  • increased wine club members

  • increased website traffic

  • increased social media followers

  • increased engagement

  • specific email open rates, click rates, or conversions

  • specific advertising or campaign performance

Marketing results can be affected by many factors outside Toia Digital’s control, including pricing, product quality, customer demand, seasonality, brand reputation, website functionality, third-party platforms, advertising budgets, staff response times, market conditions, weather, tourism trends, and client operations.

13. Intellectual property

All content, copy, designs, documents, strategies, templates, frameworks, reports, workflows, and materials created by Toia Digital remain the intellectual property of Toia Digital until paid for in full, unless otherwise agreed in writing.

Once the client has paid all relevant fees, the client receives a licence to use the final approved materials created specifically for the client’s business.

Toia Digital may continue to use its own general knowledge, ideas, methods, templates, frameworks, systems, processes, and experience in providing services to other clients.

The client retains ownership of its own brand assets, trademarks, logos, photos, videos, business information, customer information, and materials provided to Toia Digital.

The client must not copy, reproduce, resell, distribute, or reuse Toia Digital’s strategies, templates, documents, systems, or materials outside the client’s own business without written permission.

14. Portfolio and publicity

Unless otherwise agreed in writing, Toia Digital may refer to the client’s business name and publicly available brand materials for portfolio, case study, or marketing purposes.

Toia Digital will not publish confidential information, private business data, or sensitive performance results without the client’s permission.

If the client does not want their business name or work shown publicly, they must advise Toia Digital in writing.

15. Confidentiality

Each party agrees to keep confidential information received from the other party confidential.

Confidential information may include business plans, customer information, sales information, marketing strategies, reports, access details, pricing, unpublished content, and other non-public business information.

Confidential information may be disclosed only where required by law, to professional advisers, to authorised contractors or suppliers involved in delivering the services, or with the other party’s permission.

This obligation continues after the service relationship ends.

16. Security and access

Where Toia Digital is given access to client accounts, platforms, files, websites, email tools, social media accounts, or analytics tools, Toia Digital will take reasonable care when using that access.

The client remains responsible for maintaining ownership, security, and administration of its own accounts.

The client should avoid sharing unnecessary passwords and should use secure access methods where available, such as user permissions, team access, two-factor authentication, or password managers.

Toia Digital is not responsible for unauthorised access, hacking, data loss, account issues, or security breaches unless directly caused by Toia Digital’s negligence or misconduct.

17. Client content and legal compliance

The client is responsible for ensuring that its products, offers, promotions, claims, wine descriptions, pricing, legal notices, alcohol-related statements, images, customer data, and marketing materials comply with applicable laws and regulations.

Toia Digital may provide marketing suggestions, copy, structure, or digital support, but does not provide legal, financial, tax, alcohol licensing, privacy compliance, or regulatory advice.

The client should obtain independent advice where needed.

18. Advertising and campaign spend

If paid advertising or paid campaigns are agreed, the client is responsible for all advertising spend unless otherwise agreed in writing.

Advertising spend is separate from Toia Digital service fees.

Toia Digital does not guarantee approval of ads by third-party platforms or specific performance from advertising campaigns.

Third-party advertising platforms may reject, restrict, suspend, or change campaigns according to their own rules and policies.

19. Limitation of liability

To the maximum extent permitted by law, Toia Digital is not liable for indirect, incidental, special, consequential, or economic loss, including loss of revenue, loss of profit, loss of business opportunity, loss of goodwill, data loss, platform downtime, or third-party claims.

To the extent permitted by law, Toia Digital’s total liability for any claim connected with the services is limited to the amount paid by the client to Toia Digital for the relevant service giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any rights that cannot be excluded, restricted, or modified under Australian Consumer Law or other applicable laws.

20. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies that cannot be excluded under the Australian Consumer Law.

Where Toia Digital is permitted to limit liability under applicable law, liability may be limited to resupplying the services or paying the cost of having the services supplied again.

21. Indemnity

The client agrees to indemnify Toia Digital against claims, losses, damages, costs, expenses, or liabilities arising from:

  • materials, images, content, data, or information supplied by the client

  • breach of third-party intellectual property rights caused by client-provided materials

  • breach of privacy, spam, advertising, alcohol, or marketing laws caused by client instructions, materials, or data

  • misuse of third-party platforms by the client

  • inaccurate, incomplete, or misleading information provided by the client

  • the client’s products, services, offers, promotions, or business operations

22. Force majeure

Toia Digital is not responsible for delay or failure to perform obligations where caused by events outside reasonable control.

This may include natural disasters, illness, power failure, internet failure, platform outages, cyber incidents, war, civil unrest, strikes, supply issues, government restrictions, or other events beyond reasonable control.

23. Changes to these Terms

Toia Digital may update these Terms & Conditions from time to time.

The updated version will be published on this website with the latest update date.

Continued use of the website or services after changes are published means you accept the updated Terms.

For existing paid services, material changes will not apply retrospectively unless required by law or agreed in writing.

24. Disputes

If a dispute arises, both parties agree to first try to resolve the issue informally and in good faith.

Either party may notify the other party in writing of the dispute. Both parties should make reasonable efforts to resolve the dispute before commencing formal legal action, except where urgent legal protection is required.

25. Governing law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

26. Contact

For questions about these Terms & Conditions, contact:

Toia Digital
Email: augusto@toiadigital.com
Location: Sydney, Australia
ABN: 

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