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# Red Herring Digital: Multi-Channel Marketing Specialists. We’re a full-service digital marketing agency looking for brands that are ready to take the next big step! We offer Paid Ads, SEO, Social, Website and Creative.

## Sitemaps
[XML Sitemap](https://redherring.au/sitemap_index.xml): Includes all crawlable and indexable pages.

## Posts
- [How to get Google AI to showcase Your Business](https://redherring.au/blog/how-to-get-google-ai-to-showcase-your-business/): For many years, businesses have competed for visibility in Google’s search results. The formula was straightforward: optimise your website, rank for relevant keywords and drive visitors to your website. That model is now evolving.
- [The New Era of Sports Marketing: Winning in the Era of Hyper-Personalisation](https://redherring.au/blog/the-new-era-of-sports-marketing-winning-in-the-era-of-hyper-personalisation/): The playbook for sports marketing is changing. Fans are no longer engaging with the same generic messaging or constant promotions; instead, they love being helped. The most successful clubs have recognised this shift and are leveraging data—not in a creepy way—but using it to learn more about their audience and engage with them across channels. This shift in approach, from “reach” to “utility”, is redefining marketing in sports, and those who do it right are reaping the benefits of stronger engagement, loyalty and meaningful growth.
- [Digital Marketing Trends to Watch in 2026](https://redherring.au/blog/digital-marketing-trends-to-watch-in-2026/): With 2026 on the horizon, it’s time to consider what digital marketing trends deserve your attention to make your socials pop in the new year. We asked our team of specialists for their insights on the trends they see emerging and the ones here to stay, so you can focus on what actually works and skip those that aren’t worth your time or money.
- [Williamstown Football Club’s Annual Golf Day with Red Herring Digital](https://redherring.au/blog/williamstown-football-clubs-annual-golf-day-with-red-herring-digital/): It’s that special time of the year again, Williamstown Football Club’s Annual Golf Day! This year, the competition was hosted by Sanctuary Lakes Golf Club, an impressive course located in Melbourne’s west. Held on Thursday, 20th November, the event brought sponsors of the Williamstown Football Club together for a relaxed day on the greens, offering the right blend of networking and friendly competition.
- [Crucial SEO Updates for 2025 and Beyond](https://redherring.au/blog/crucial-seo-updates-for-beyond/): In a recent blog, we shared how you can Elevate Your SEO Strategy to Stay Ahead of the Game, and we’re here to build on that and show you what’s still important, what’s changed, and what that means moving forward.
- [Why September Is the Secret Weapon for Winning Black Friday & Christmas](https://redherring.au/blog/why-september-is-the-secret-weapon-for-winning-black-friday-christmas/): It’s no secret that Black Friday and Christmas are the biggest shopping events of the year, where brands can achieve record sales. But the truth behind that secret is that brands that win the holiday sale season begin in September.
- [It’s Our Birthday! Celebrating 10 Years of Red Herring Digital](https://redherring.au/blog/its-our-birthday-celebrating-10-years-of-red-herring-digital/): From humble beginnings through a decade of innovation and bold ideas, Red Herring Digital is celebrating 10 years!
- [AI in Marketing – The Dos and Don’ts](https://redherring.au/blog/ai-in-marketing-the-dos-and-donts/): AI is everywhere; it’s on social media, in your phone, and it’s even in the washing machine. So, it’s no surprise that it’s present in marketing. But there are tactful ways to use it and others that we discourage. 
- [Why UX Design Is Crucial for SEO Success and Winning Ad Campaigns](https://redherring.au/blog/why-ux-design-is-crucial-for-seo-success-and-winning-ad-campaigns/): User Experience Design (UX Design) is often overlooked in SEO and advertising strategies. But with understanding and planning, you can design smarter to drive your brand toward success. 
- [Meta Ads: The Secrets to a Great Campaign](https://redherring.au/blog/meta-ads-the-secrets-to-a-great-campaign/): Meta ads are a powerful option for any business looking to scale. With over 3 billion monthly users on Facebook, 2 billion on Instagram, 2 billion on WhatsApp, and 300 million on Threads, you have access to an enormous, connected ecosystem.
- [Welcome to the Rise of Social Media SEO](https://redherring.au/blog/welcome-to-the-rise-of-social-media-seo/): You may have heard that hashtags on social media are well and truly dead. As social media platforms like Facebook, Instagram, Reddit, Pinterest, TikTok and X (formerly Twitter) have evolved, so has the way content gets pushed out and optimised for viewers. 
- [Red Herring Digital partners with Semrush](https://redherring.au/blog/red-herring-digital-partners-with-semrush/): We're thrilled to announce that Red Herring Digital has partnered with Semrush! This partnership will extend our data, analytics and reporting capabilities in all aspects of digital marketing.
- [Elevate Your SEO Strategy to Stay Ahead of The Game](https://redherring.au/blog/elevate-your-seo-strategy-to-stay-ahead-of-the-game/): SEO is changing. Are you up to date on all the latest? Search Engine Optimisation is improving your website's visibility on search engines like Google to capture your audience's attention and lead them to your offering.
- [Influencers, Creators, or Ambassadors? Decoding the Roles to Elevate Your 2025 Content Strategy](https://redherring.au/blog/influencers-creators-or-ambassadors-decoding-the-roles-to-elevate-your-2025-content-strategy/): Navigating the digital marketing landscape requires understanding the different players and how they can be leveraged to boost your brand. The Deloitte Creator Economy in 3D Report estimates that the creator economy is projected to be worth $250 billion and with figures like those it may be worth considering investment. 
- [Digital Marketing Trends for 2025](https://redherring.au/blog/digital-marketing-trends-for-2025/): With 2025 just around the corner, it's time to start thinking about a digital marketing strategy that will fit the trends and technology set to shine in the new year. 
- [Are you Ready for the Shopocalypse? Your Guide to Surviving Black Friday 2024](https://redherring.au/blog/are-you-ready-for-the-shopocalypse-your-guide-to-surviving-black-friday-2024/): Set yourself up for success by optimising your audiences now so you know who's ready to buy. Use tools like Google Ads and Meta Ads to segment your audience based on behaviour like previous purchases, interests, website visits or habits. This will help you to target the most engaged shoppers with personalised offers and boost your conversions during the sales rush. 
- [How to Build a High-Performing Marketing Team: Best Practices for Success](https://redherring.au/blog/how-to-build-a-high-performing-marketing-team-best-practices-for-success/): In 2024’s fast-paced digital landscape, staying on top of current trends, new technology, and shifting consumer expectations is a necessity. And leveraging those into your digital marketing strategy is the ticket to success.
- [Measuring Success – Which Marketing Metrics You Should Actually Care About.](https://redherring.au/blog/measuring-success-which-marketing-metrics-you-should-actually-care-about/): At each stage of a customer's journey, there are metrics you can track to determine the effectiveness of your marketing. These include:
- [6 Signs it’s Time for a Website Revamp](https://redherring.au/blog/6-signs-its-time-for-a-website-revamp/): Maintaining a modern, responsive website is vital for brands aiming to stay ahead in today's competitive digital landscape. An outdated or poorly designed website can significantly impact your brand's performance and drive potential customers straight into your competitor's waiting arms. But how do you know it’s time? Here are six signs that it might be time for a website revamp.
- [The Creativity Crisis – AI and You](https://redherring.au/blog/the-creativity-crisis-ai-and-you/): By now, you’ve probably used or seen some form of AI. From creating impressive digital masterpieces in Midjourney to crafting content and driving personalised marketing campaigns in ChatGPT, AI is revolutionising how we design and produce creative content.
- [Don’t Let EOFY Campaigns Ruin Your Brand](https://redherring.au/blog/dont-let-eofy-campaigns-ruin-your-brand/): As the end of the financial year approaches, customers can expect to see incredible discounts and deals on a wide range of goods and services. While these deals can attract customers, it's easy for brands to get swept up in the fray and lose sight of their unique brand voice, flagship products or key services to improve sales.
- [What Is SEO And Do We Even Need It?](https://redherring.au/blog/what-is-seo-and-do-we-even-need-it/): We've all heard of SEO, but is it still relevant? The short answer is yes.
- [Your Cookies Are Going In The Bin](https://redherring.au/blog/your-cookies-are-going-in-the-bin/): Have you heard? Third-party cookies are going for good. For years, marketers have been using cookies as tracking tools to collect data about web users' browsing activity and target users with personalised ads, but this is all about to come to an end. 
- [Is Going Viral All It’s Hyped Up To Be?](https://redherring.au/blog/is-going-viral-all-its-hyped-up-to-be/): Many brands strive towards creating viral posts, but is going viral all it's hyped up to be? Not to mention, once you go viral, what's next? We picked 4 current viral trends and posts and discussed the pros and cons. Take a look below.
- [The Messi Effect](https://redherring.au/blog/the-messi-effect/): Inter Miami’s latest acquisition of the global icon has made their ticket prices go up by 1000%. Lionel Messi will reportedly sign up for Major League Soccer’s Inter Miami CF after ending his contract at Paris Saint-Germain. Messi's arrival has the potential to elevate MLS to unprecedented heights, surpassing all expectations. Widely regarded as one of the greatest players of all time, Messi's stature surpasses even that of Beckham, marking a significant milestone for the league.
- [The Do’s and Don’ts of Search Engine Optimisation (SEO)](https://redherring.au/blog/the-dos-and-donts-of-search-engine-optimisation-seo/): If you find SEO confusing and hard to master, you’re not alone. SEO is crucial in today’s digital landscape in order to ensure your website’s success and visibility. Whether you’re just beginning your SEO journey or have already started but need some help, we’ve put together some tips and tricks to help you learn the ropes and improve your rankings and online presence. 
- [Introducing Google’s new AI feature: Bard](https://redherring.au/blog/introducing-googles-new-ai-feature-bard/): AI features like Chat GPT are taking the world by storm with the ability to create paragraphs of information on almost any subject within seconds. And, with AI features gaining more and more traction and attention, it wasn't going to be long before Google entered the chat with their own AI creation. 
- [New Meta updates will impact brands advertising through reels and stories](https://redherring.au/blog/new-meta-updates-will-impact-brands-advertising-through-reels-and-stories/): Meta is rolling out new Meta-design safe zones for ads being displayed in reels and stories across social media platforms. Here's what you need to know:
- [Top Digital Marketing Trends for 2023](https://redherring.au/blog/top-digital-marketing-trends-for-2023/): New year, new marketing strategy? With the new year in full bloom, it’s not too late to revisit your brand’s current digital marketing strategy to make improvements or, if you’re new to marketing, to implement a strategy.
- [3 Ways Your Business Can Benefit From TikTok](https://redherring.au/blog/3-ways-your-business-can-benefit-from-tiktok/): Since its inception in 2018, TikTok has quickly become one of the most popular social media platforms worldwide. It's currently used in 150 countries and has over 1 billion users.
- [5 Benefits of Having a Blog on Your Website](https://redherring.au/blog/5-benefits-of-having-a-blog-on-your-website/): While we can sympathize that your days are already jam-packed, we truly believe in investing time into creating a blog. You may question whether having a blog on your website is really worthwhile. No matter the industry, there are always tips, tricks and valuable information to learn, and a blog can be a great asset to showcase these. We’ve compiled a list of reasons how your business can benefit from a blog.
- [3 Reasons Why Your Website Might Need A Revamp](https://redherring.au/blog/3-reasons-why-your-website-might-need-a-revamp/): In the digital age, having a successful online presence is extremely important. Not only is it a way to generate more revenue, but it’s a way for customers to get to know your brand, values, and offerings. We all know that first impressions are make or break, so a fresh, updated look is a great way to put your best foot forward and entice potential customers. Here are three reasons why you should consider revamping your website.  
- [Local SEO: What is it, and how does it work?](https://redherring.au/blog/local-seo-agency-yarraville/): A local SEO plan is a type of search engine marketing that increases the visibility of your business in Google's search engine results.
- [6 Ways to Improve your Brand Strategy Tactics](https://redherring.au/blog/6-ways-to-improve-your-brand-strategy-tactics/): The world of digital marketing is constantly evolving. There are always ways to improve and build on your brand's Strategy and Tactics - all you have to do is be attentive.
- [What You Need To Know About .au Domains](https://redherring.au/blog/what-you-need-to-know-about-au-domains/): Adopting the .au domain is a turning point for tech-savvy business owners and digital marketers. Chatter has lingered across the virtual spectrum for years, and finally, the update Aussies have been eagerly awaiting.
- [We’re A Full Service Agency!](https://redherring.au/blog/were-a-full-service-agency/): Here at Red Herring Digital, we pride ourselves in being a full-service agency that has your brand’s best interest at heart. 
- [Brand Image Sells – 5 Tactics You Can Do Today To Improve How You Appear Online!](https://redherring.au/blog/brand-image-sells-5-tactics-you-can-do-today-to-improve-how-you-appear-online/): Brand image is so much more than just a logo - it encompasses all perceived aspects of your business, product or service. Brands that have a stronger image online perform substantially better, especially if a consumer is on the fence. 
- [Empowering Female-Led Businesses – Lift Women 2021 Grant](https://redherring.au/blog/empowering-female-led-businesses-lift-women-2021-grant/): A few months ago, Lift Women Group launched their first-ever Female Founder Grant Challenge in aims to give small, women-led businesses that little extra push to start their journey. We are so honored to be a part of this awesome initiative as sponsors of the prize grant, alongside our sister agency, Polished Content.
- [The Ultimate Guide To Optimising Your Instagram Stories](https://redherring.au/blog/the-ultimate-guide-to-optimising-your-instagram-stories/): If you’re familiar with the world of social media, then you’re sure to know about Instagram Stories. 
- [7 Ways Influencers Can Leverage Your Brand On Social Media.](https://redherring.au/blog/7-ways-influencers-can-leverage-your-brand-on-social-media/): Ah, social media influencers. The hyper-perfect self-made models we all love to wish we are… or so they used to be. 
- [How to get the most out of your email marketing](https://redherring.au/blog/how-to-get-the-most-out-of-your-email-marketing/): via GIPHY
- [New Look, Same Brand.](https://redherring.au/blog/new-look-same-brand/): Step inside the mind of our creative team for a peek inside the creative process that went into our glow up. 
- [Is iOS 14 the end of the world as we know it?](https://redherring.au/blog/is-ios-14-the-end-of-the-world-as-we-know-it/): via GIPHY
- [Digital in 2021 – It’s going to be BIG! Here’s what you need to know.](https://redherring.au/blog/digital-in-2021-its-going-to-be-big-heres-what-you-need-to-know/): Absolutely nothing could have prepared us for 2020 but despite all the curveballs we, and most importantly our clients have come out on top. If this year has taught us anything - it’s that we need to be prepared: prepared by creating strategic plans, prepared by researching the current and emerging trends and prepared by constantly evolving our skill sets that we are able to adapt and overcome anything that the future may hold for us.
- [12 Things You Need to Prepare For Christmas](https://redherring.au/blog/12-things-you-need-to-prepare-for-christmas/): Christmas is coming up very fast. The biggest myth attached to Christmas promotions is that you don’t need to start until December, with a plan you thought of in November. But this couldn’t be further from the truth. The only way to be adequately prepared for the Christmas rush is to get started as early as possible and by as early as possible we mean right now! 
- [Digital in 2020 – The Importance Of Pivoting Your Business During COVID-19](https://redherring.au/blog/the-importance-of-pivoting-during-covid-19/): Wow. What a year, right? 
- [Decoding TikTok’s Algorithm & How To Use It To Your Brand’s Advantage.](https://redherring.au/blog/decoding-tiktoks-algorithm-how-to-use-it-to-your-brands-advantage/): Dubbed the casino of social media due to its deliberately hypnotic scrolling technology, algorithm and its full screen, time hiding layout, TikTok is designed to keep you on the platform for as long as possible. 
- [Sending You Holiday Fishes](https://redherring.au/blog/sending-you-holiday-fishes-2/): Hello friends,
- [November Means Movember](https://redherring.au/blog/november-means-movember/): And that’s a wrap. November is over for another year and the dirty mos have done their job.

## Pages
- [Do Not Sell My Personal Information](https://redherring.au/do-not-track/): Please fill out the form below if you wish to remove yourself from our records.
- [Cookie Policy (AU)](https://redherring.au/cookie-policy-au/): Cookie Policy
- [Hourly Rates](https://redherring.au/hourly-rates/): We operate a senior-led model, meaning your account will be handled exclusively by experienced Principals, Seniors, and Specialists. This ensures higher efficiency and immediate value on every task.
- [KINTO Australia](https://redherring.au/case-studies/kinto-australia/): Client: KINTO Australia
- [Red Herring Digital Agency Services](https://redherring.au/services/): Services Digital Strategy See More Search Engine Optimisation (SEO) See More Online Ads See More Social Media See More Creative See More Websites See More Analytics See More
- [Sanctuary Lakes Golf Club](https://redherring.au/sanctuary-lakes-golf-club/): As proud supporters and partners of Sanctuary Lakes Golf Club, we have thoroughly enjoyed our time with the club over the years and have created long-lasting relationships.
- [Website Maintenance](https://redherring.au/website-maintenance/): Fast, reliable, secure Australian hosting and maintenance for WordPress websites. All the essentials to ensure your website is secure, updated and monitored.
- [Terms of Business Commission Basis](https://redherring.au/terms-of-business-commission-basis/): Terms of business commission basis 1. Application
 
1.1.
The following terms apply to all Orders of Services by you from Philbo Pty Ltd as trustee for A Green You Can Trust & The Kutsch Group Pty Ltd as trustee for The Kutsch Group Trust – ABN 45 617 061 537 trading as Red Herring Digital (us, we, our, RHD). Each Order is a separate agreement between you and us.
1.2.
RHD may revise and update these terms from time to time in our sole discretion. Accordingly, you are responsible for reviewing these terms from time to time so you are aware of any changes, as they are binding on you. If you continue instructing us to provide you with the Services after being provided with updated terms by us, you will be taken to have agreed to those new terms and they will be binding on you..
1.3.
 If you are not a natural person:
(a) 
If it is a company, you warrant that the company is duly incorporated in Australia and has the power and authority to enter into this agreement on the terms set out herein;
(b) 
You will comply with all statutory provisions, regulations, orders and/or by-laws of any government, municipal or statutory authority which relate to the provision of the Services;
(c) 
You warrant that any person that places an Order on your behalf is authorised to do so and will also do so as agent for each of your related entities that use or access the Services; and
(d) 
You must procure that your Personnel comply with these terms and you take responsibility for the acts and/or omissions of your Personnel.
1.4.
 You warrant:
(a) 
The Agreement constitutes a legally valid and binding obligation on you, enforceable in accordance with its terms;
(b) 
You have exercised your own judgment in entering into this agreement and have not relied on any warranty and/or representation made by RHD or its Personnel, save as specifically set out in this agreement. 2. Quotes and Orders
 
2.1. 
We will provide you with a Quote describing details of the Services that we will supply and the Commission we will be paid.
2.2. 
The terms of the Quote shall take precedence of these terms and conditions and therefore in the event of any inconsistency, the terms of the Quote shall apply to the extent of any inconsistency.
2.3. 
Once accepted by you s, a Quote becomes an Order under these terms. We may refuse to accept an Order (or part of it) on reasonable grounds.
2.4. 
If you provide us with new or additional instructions or information or undertake or omit to undertake any act which results in us being required to provide you with additional and/or altered Services (such as increasing your expenditure with third parties), we will provide you with a new Quote. If you do not accept the new Quote, then we will not be obliged to provide those additional and/or altered Services. 3. Supply of Services
3.1. 
You agree that RHD will supply the Services to you, and RHD agrees to supply the Services to you, subject to these terms.
3.2. 
You agree that the Services may be supplied by our Personnel, related parties, subsidiaries and other associates of RHD.
3.3. 
RHD is permitted to suspend the Services where any account remains outstanding pursuant to its payment terms or any upfront payment has been fully expensed against the Services provided to date. 4. Comission and Payment Terms
4.1. 
You acknowledge that this a commission agreement and that you agree to pay RHD commission on your monthly sales at the rate set out in the Quote. Accordingly, you agree to provide to RHD full visibility in relation to your monthly sales and such sales information is to be provided within seven (7) days of the end of each calendar month, and the Commission shall be based upon the said monthly sales figures and the Quote.
4.2. 
You agree to pay the Commission to RHD on the Payment Terms.
4.3. 
RHD will arrange to place agreed advertising pursuant to the terms of the Quote and such advertising shall be paid pursuant to the credit card facility which will be bear an additional fee of 3%.
4.4. 
In addition, any Expenses incurred by RHD shall be paid by you together with an agreed amount of 15% of the said Expenses to cover RHD’s administration costs.
4.5. 
The Commission, Expenses and Third Party Charges are exclusive of GST and other taxes, duties, levies, except as otherwise provided.
4.6. 
Should you fail to make any payment to us as it falls due, we reserve the right to suspend the performance of the Services until that payment is paid or to terminate the Order on 7 days’ notice to you.
4.7. 
Interest at a rate of 2% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rates Act 1983 calculated daily is payable on any money owing under any invoice issued to you by RHD which is becomes overdue pursuant to the applicable payment terms. 5. Expenses, Third Party Charges and Security Deposit
5.1. 
We will notify you of any reasonably known anticipated Expenses and Third Party Charges in the Quote.
5.2. 
You must pay any and all Expenses invoiced to you by us.
5.3. 
You must reimburse us for any Expenses we pay on your behalf, unless otherwise notified by us.
5.4. 
We do not collect or pay for Third Party Charges on your behalf but instead, unless otherwise agreed, link the credit card nominated by you to our account with the relevant third party. We create an account specifically for you designated under our business account with the relevant third party. We will not provide access to any other person or entity to this account. In no circumstances will we work from any account you directly hold with the third party.
5.5. 
Unless specifically described in the quote, the Commission exclude all non-standard or premium third-party content, which will be chargeable to you as an Expense or payable by you as a Third Party Charge.
5.6. 
The terms and conditions are subject to and conditional upon you paying the Security Deposit set out in the Quote. RHD is not obligated to provide any services pursuant to the terms of this agreement until the Security Deposit is paid. RHD agrees to hold the Security Deposit on behalf of you and RHD, and both parties authorise RHD to use the Security Deposit as follows:-
(a) 
To pay to RHD an amount for any unpaid advertising and/or Expenses that are required to be paid pursuant to the terms of this agreement; and
(b) 
Upon termination of the agreement, the Security Deposit can be used to be paid for the previous month’s advertising and/or Expenses, and the balance (if any) is then to be refunded to you.
5.7. 
We may demand you pay us any unpaid Commission and Expenses plus any amount reasonably incurred by us in relation to the Services and their termination. 6. Cancellations and Terminations
6.1. 
Either party may terminate an Order for any reason by the provision of 30 days’ notice.
6.2. 
If you cancel an Order for any reason:
(a) 
We may demand you pay us any unpaid Commission and Expenses plus any amount reasonably incurred by us in relation to the Services and their termination;
(b) 
Services rendered, undertaken or completed by us and not yet invoiced to you will be provided to you and a final invoice will be issued to you to be paid in accordance with the Payment Terms;
(c) 
We will stop supplying or undertaking the Services; and
(d) 
You must pay and indemnify us in respect of any costs incurred by us in connection with or as a result of your cancellation (such as third party cancellation fees).
6.3. 
In addition to clause 6.2, if you terminate an Order for Ongoing Services other than as a result of our material breach of this agreement, we may charge you the Termination Fee, which you acknowledge and agree represents our genuine estimate of the costs and loss of profits we are likely to suffer as a result of your termination of the Ongoing Services.
7. Your Obligations
7.1. 
You must provide sufficient information with an Order (including any special requirements) to enable us to provide you with the Services.
7.2. 
You agree that you will provide all information or content requested by us in connection with our provision of the Services as soon as practicable, including but not limited to business and marketing information, account information, Intellectual Property Rights and other access information and acknowledge and agree that your failure to do so may impede our ability to provide the Services. Further, in particular, you agree to provide all information relating to your monthly sales as contemplated by clause 4.1 hereof. It is acknowledged that the provision of the said monthly sales figures is a fundamental term of this agreement and if, in the reasonable opinion of RHD, this information is not supplied in an accurate and transparent manner, RHD may immediately terminate this agreement.
7.3. 
You agree that you will inform us as soon as practicable upon any information provided by you to us being varied or updated, otherwise changed or no longer in its original form.
7.4. 
You agree that you will take any action reasonably requested by us in the provision of the Services and that you will take any action reasonably required to facilitate our due performance of the Services.
7.5. 
You warrant that all information you provide to us is correct and you have not omitted anything that is relevant to our provision of the Services. You acknowledge that our provision of the Services is contingent on correct and current information being provided by you which RHD relies upon in order to provide the Services. 8. Indemnity
8.1. 
You agree to indemnify and hold us harmless from and in respect of any Damages and all Losses and the like where such Damage and/or Loss arose out of, or in connection with:
(a) 
Your acts and/or omissions;
(b) 
Your breach of these terms;
(c) 
Material provided by you in breach of the law, including laws relating to misleading deceptive conduct or false advertising under the Australian Consumer Law (unless advising on the applicability of these laws forms part of an Order); or
(d) 
Your use of the Services.
8.2. 
Each indemnity in this agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this agreement. It is not necessary for a party to incur expenses or make any payment before enforcing a right of indemnity conferred by this agreement. You must pay on demand any amount you must pay under an indemnity in this agreement.
9. Exclusion and Limitation of Liability
9.1. 
The Services will be performed with due care and skill and by adequately trained Personnel. However, we make no guarantee that the Services will be continuous or fault free, unless otherwise specified in a Quote.
9.2. 
Clause 9.1 does not exclude any implied warranty or statutory guarantee that cannot be excluded at law.
9.3. 
The Services come with guarantees that cannot be excluded under the Australian Consumer Law and you are entitled to your choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; or our choice of having the Services refixed, repaired, replaced or refunded if failure does not amount to a major failure. We will do this within a reasonable time. To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these terms or any warranty document given at the time of supply.
9.4. 
Notwithstanding the above, we exclude liability for any Loss:
(a) 
Caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that Loss;
(b) 
Caused by events falling outside our reasonable control;
(c) 
That is consequential loss or damage (including loss of actual or anticipated profits or revenue, economic loss of any kind or any loss suffered as a result of any claim or claims by third parties) in contract, tort (including negligence), under statute or otherwise from or in relation to the Services or this agreement;
(d) 
In connection with your failure to comply with laws relating to misleading deceptive conduct/false advertising under the Australian Consumer Law (unless advising on compliance with those laws forms part of the Order); or
(e) 
Caused by a breach or fundamental breach of contract by you.
9.5. 
RHD makes no representation as to the fitness of the Services supplied by it for any purpose, other than a purpose that has been agreed by RHD and you.
9.6. 
In all cases where liability cannot be excluded under law, the liability of RHD is limited, to the following as determined by the RHD at its absolute discretion (where fair and reasonable to do so):
(a) 
A refund of the actual Fees paid by you to RHD under the relevant Order prior to the date on which the liability first arose;
(b) 
Providing supply of the Services again; or
(c) 
Payment of the cost of having the Services supplied again.
10. Law and Jurisdiction
10.1. 
Subject to clause 11, any dispute arising under this agreement shall be governed by the laws of Victoria and Australian law and shall be determined exclusively by the courts of Victoria, Australia.
10.2. 
A reference to any law includes a statutory modification, substitution or re-enactment of it.
11. Dispute Resolution
11.1. 
If a dispute arises under these terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
11.2. 
If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
11.3. 
Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
12. Representations
By accepting the Services subject to the conditions in this agreement, you agree that you did not rely on any representation, promise, warranty or condition of RHD or any of its Personnel not expressly made (in writing) as part of this agreement.
13. Assignment
Neither party may assign this agreement without the prior written consent of the other party.
14. Severance and Waive
You agree that if any provision or part of any provision of this agreement is unenforceable, such unenforceability shall not affect the application of any other part of such provision or any other provision hereof. Further, should RHD elect not to exercise any of its rights under this agreement, under any other contract/agreement or under law, such election shall not constitute a waiver of any rights relating to any other or subsequent breach by you.
15. Reasonable Care/Force Majeure
RHD will not be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond RHD’s reasonable control.
16. Privacy
We commit to comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles and with our Privacy Policy available on our website at redherring.net.au/privacy-policy/.
17. Intellectual Property
17.1.
  Any and all materials existing or created by RHD in providing the Services, including all associated Intellectual Property Rights, are the exclusive property of RHD and/or our licensors, or authorised third parties.
17.2. 
Subject to clause 17.3, you will not acquire any rights, including but not limited to Intellectual Property Rights, in any materials created by RHD in providing the Services, any materials created that are improvements on material provided to us by you, or any material or content previously created by us.
17.3. 
We grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to use the Intellectual Property Rights for the sole purpose of using the Services in the ordinary course of your business.
17.4. 
You must not remove, alter or obscure any Intellectual Property Rights used in the material provided as part of the Services. You must not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, claim or pass of as your own, or otherwise exploit the material provided in the Services, except to the extent required in connection with your use of the Services.
17.5. 
RHD may agree with you to assign to you in full any or all Intellectual Property Rights created in providing the Services at a separate fee to be negotiated by the parties.
17.6. 
If you supply us with any content or Intellectual Property Rights in any form, you represent and warrant that you have the full rights to use (and have us use) the content in our provision to you of the Services.
17.7. 
You must indemnify and keep indemnified us from any third party claim in respect of the use of any content or Intellectual Property Rights provided to us by you.
17.8. 
You acknowledge and agree that where the Services result in the creation of a website or the creation of content or of Intellectual Property Rights that belong to us, we are entitled to be recognised as the creator of those Intellectual Property Rights, content or website, and that you must insert the words ‘ by RHD’ on that content, website or Intellectual Property Rights.
18. Confidential Information
18.1. 
You must not disclose any information that you have obtained through your relationship and engagement with us and that we regard as confidential (including without limitation the Intellectual Property Rights created in our provision of the Services) except to the extent required in connection with your use of the Services or as otherwise required by law.
18.2. 
You acknowledge and agree that the we may, subject to the terms of our Privacy Policy, disclose to any person such details and information (including any confidential information) regarding you or any information provided to us by you, your use of the Services (or any other matter related or incidental to the Services), as we deem necessary or desirable in connection with the Services.
19. Third Parties
The Services may require us to use the services of third parties that are not under our control. We are not responsible for the content or work provided by third parties. You acknowledge that we are not responsible whatsoever should there be a failure by a third party to provide necessary work or services to us.
20. Unfair Terms to be Read Down
20.1. 
If any law making unfair contract terms void could apply to a term in these terms, the rules in this clause 20 apply to interpreting that term.
20.2. 
If the law would make the term void because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term shall be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way.
20.3. 
If the law would make the term void because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void.
20.4. 
If, despite the application of this clause, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void. These reading down rules apply before any other reading down or severance provision in these terms and conditions.
21. GST
The parties agree:
21.1.
Terms used under these terms and any proposal have the same meaning as those terms in A New Tax System (Goods and Services Tax) Act 1999;
21.2. 
You must pay to RHD any amount of GST that you are required to pay at the same time and in the same manner as you are required to pay the consideration for the supply to which the GST relates;
21.3. 
RHD must issue a tax invoice in the format required by the law to you for the supply. The tax invoice must set out the amount of the GST payable by you. The tax invoice must be issued at the same time as the consideration for the supply is due from RHD; and
21.4. 
Each party must do everything reasonable to assist each other party to comply with its GST obligations in relation to these terms and any proposal.
21.5. 
Unless expressly stated to the contrary, all fees and sums payable are GST exclusive.
22. Definitions
22.1. 
The following terms have the following meanings:
(a) 
Agreement or terms means these terms of business, unless the context otherwise requires.
(b) 
Australian Consumer Law means the Australian Consumer Law described in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) Commission means the amount payable for the Services, as described in a Quote.
(d)Expenses means any fees or charges payable by us to a third party on your behalf that arise in connection with the Services.
(e) 
Order means any request for the provision of Services by you that has been accepted by us, or the acceptance by you of a Quote.
(f) 
Intellectual Property Rights includes, but are not limited to copyrighted material, registered and unregistered trademarks, artistic works, photographs, images and other graphic designs, know-how, trade secrets, data, analysis, business information.
(g) 
Loss means any and all claims, liabilities, losses, costs, or expenses (including legal costs and expenses).
(h) 
Minimum Term means the period of 3 months from the date you sign or accept this agreement or a Minimum Term otherwise agreed or specified in a Quote.
(i) 
Ongoing Services means the provision of services on an ongoing basis and charged on a monthly basis, as described in a Quote.
(j) 
Payment Terms means 14 days from the date of issue of an invoice, unless otherwise specified in a Quote or agreed by the parties.
(k) 
Personnel means a party’s employees, secondees, directors, officers, contractors, professional advisors and agents.
(l) 
Quote means a written quote or proposal or any other document provided to you by us which specifies the Services that we will provide and the Fees you will pay for the provision of those Services.
(m) 
Services means the items, deliverables and/or services provided, or to be provided, by us to you as identified in a Quote.
(o) 
Termination Fee means 50% of the Fees that would otherwise be payable during the remainder of a Minimum Term.
(p) 
Third Party Charges means any payment to be made directly by you to a third party in connection with the Services, e.g. advertising charges.
22.2.
 All other defined terms are as defined in the body of this agreement.
22.3.
 Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm, corporation or other entity where appropriate.
- [Terms of Business](https://redherring.au/terms-of-business/): 1.1 The following Terms apply to all Orders for Services by you from Philbo Pty Ltd as trustee for A Green You Can Trust and The Kutsch Group Pty Ltd as trustee for The Kutsch Group Trust, trading as Red Herring Digital (ABN 45 617 061 537) (us, we, our or RHD). Each Order is a separate agreement between you and us for the Services specified in the Order and these Terms will apply to each of those Orders. A contract is made when you accept an Order. You will be deemed to have accepted an Order when you sign the Order or if you otherwise approve or instruct us to provide the Services the subject of the Order. By accepting an Order you agree you have read these Terms and will be bound by them and the terms of the Order. If there is any inconsistency between these Terms and the terms of an Order, the terms of the Order will prevail to the extent of the inconsistency.
- [Talent Service Agreement](https://redherring.au/talent-service-agreement/): The following terms apply to all talent services agreements which you (the talent) enter into with Philbo Pty Ltd ACN 613 710 759 as trustee for A Green You Can Trust and The Kutsch Group Pty Ltd ACN 613 682 705 as trustee for The Kutsch Group Trust trading as Red Herring Digital ABN 45 617 061 537 (us, we or our). The terms that govern that agreement comprise these terms and the terms of the Schedule. By signing the Schedule you agree you have read these terms and will be bound by them and the terms of the Schedule. If there is any inconsistency between these terms and the terms of the Schedule, the terms of the Schedule will prevail to the extent of the inconsistency.
- [Privacy Policy](https://redherring.au/privacy-policy/): In this Privacy Policy, "us," "we," or "our" refers to Red Herring Digital Pty Ltd (ABN 45 617 061 537) We are dedicated to protecting your privacy. Our Privacy Policy outlines how we collect, use, store, and share your personal information. We adhere to the Australian Privacy Principles set forth in the Privacy Act.
- [Gellibrand Cricket Club](https://redherring.au/gellibrand-cricket-club/):  As proud supporters and partners of Williamstown Football Club, we have thoroughly enjoyed our time with the club over the years and have created long-lasting relationships.
- [Williamstown Football Club](https://redherring.au/williamstown-football-club/):  As proud supporters and partners of Williamstown Football Club, we have thoroughly enjoyed our time with the club over the years and have created long-lasting relationships.
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