These Terms of Service ("Terms") govern your access to and use of the website at poznandigital.com.au, including the strategy call booking form, the resources we publish, and any other interaction you have with us through the site.
The site is operated by Mihajlo Poznan ("we," "us," or "our"), an Australian sole trader. "Poznan Digital" is the brand name used on the website. The legal entity behind the business is Mihajlo Poznan personally. By using the site, booking a strategy call, or otherwise engaging with us through the site, you agree to be bound by these Terms.
If you do not accept these Terms, do not use the site.
Detailed terms specific to any paid engagement we enter into with you (scope, deliverables, fees, the exact performance guarantee wording, payment mechanics, termination rights) sit in a separate written engagement letter or Master Service Agreement that you sign at the point of engagement. These Terms govern your use of the website. The engagement letter governs the engagement itself.
Mihajlo Poznan is an Australian sole trader operating from New South Wales. "Poznan Digital" is the brand name used on the website.
For these Terms:
You may access and use the Site for lawful purposes and in accordance with these Terms.
You must not:
We may terminate or suspend your access to the Site at any time, with or without notice, if we reasonably believe you have breached these Terms.
We offer a free 30-minute Strategy Call to qualified businesses through the Site. Booking a Strategy Call does not create a contract for Services and does not entitle you to any Services beyond the call itself.
During the Strategy Call, we apply a qualification process. If we determine that we are a fit for your business, we may offer to deliver, at no cost to you, a Research brief and a Strategy document (collectively, the "Free Research and Strategy Phase"). The Free Research and Strategy Phase is offered at our discretion.
If the Free Research and Strategy Phase is offered and you accept it:
If we determine during the Strategy Call that we are not a fit for your business, we will tell you so and the call will end without further obligation on either side.
No paid Services are provided through the Site directly. Paid Services are provided only under a signed Engagement Letter that sets out the scope, deliverables, fees, payment terms, the exact performance guarantee wording, and other commercial terms specific to your engagement.
Fees published on the Site reflect our current tier structure as at the date of the Site update. Fees are subject to change. The fees in any engagement are the fees agreed in writing in the Engagement Letter for that engagement.
Minimum monthly ad spend obligations indicated on the Site are paid by you directly to the relevant advertising platform (such as Meta or Google). We do not handle, hold, or invoice client ad spend.
We publish a high-level reference to our performance guarantee on the Site (a specific call target inside a defined window, with the build fee refunded if we miss it). The exact wording, mechanics, and conditions of the performance guarantee are set out in the Engagement Letter signed for each engagement and are reviewed for compliance with the Australian Consumer Law.
No performance guarantee is given by use of the Site, by booking a Strategy Call, or by being offered the Free Research and Strategy Phase. The performance guarantee applies only to a paid engagement under a signed Engagement Letter.
We publish our current pricing tiers on the Site. Pricing on the Site is provided in Australian dollars (AUD), inclusive of any indicative minimum monthly ad spend (paid directly by you to advertising platforms), and may be updated without notice.
The price for any specific engagement is the price set out in the Engagement Letter signed for that engagement.
When you book a Strategy Call, submit a form on the Site, or otherwise provide information to us through the Site:
You must not submit information about other individuals without their consent.
All content on the Site (text, copy, design, graphics, logos, photography, frameworks, methodologies, and other materials) is owned by Mihajlo Poznan or licensed to us, and is protected by Australian and international copyright and trade mark laws.
You may view the Site and print or download a personal copy of pages for your own non-commercial reference. You must not reproduce, distribute, modify, transmit, reuse, repost, or otherwise exploit any content from the Site for commercial purposes without our prior written permission.
References on the Site to our proprietary frameworks (including the 8-Phase Playbook and the Godfather offer mechanic) are made for descriptive purposes. Use of those framework names or any visual identity associated with our business, in your own marketing or any other commercial context, requires our prior written permission.
Deliverables produced for a client under an Engagement Letter (research briefs, strategy documents, landing pages, ad creative, email sequences, and similar) are owned in accordance with the IP terms set out in that Engagement Letter.
The Site may link to third-party websites, platforms, or resources (for example, our LinkedIn profile, Google Business Profile, or third-party advertising platforms). We do not control those third parties and are not responsible for their content, terms, privacy practices, or availability.
Links to third parties on the Site do not constitute an endorsement of those third parties or their products and services.
To the extent permitted by law, the Site and all content on it are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.
Without limiting the above and subject to section 13 (Australian Consumer Law), we do not warrant that:
To the extent permitted by law and subject to section 13 (Australian Consumer Law):
Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited or excluded.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.
If the Australian Consumer Law applies and our Services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for failure to comply with a consumer guarantee in relation to the Services is limited, at our option, to:
as permitted under section 64A of the Australian Consumer Law.
This limitation does not apply if it would be unfair or unreasonable for us to rely on it in the circumstances.
You agree to indemnify us against any loss, damage, liability, claim, or expense (including reasonable legal costs) suffered or incurred by us to the extent caused by:
This indemnity is limited to the proportion of loss caused by you and does not apply to the extent the loss is caused by our own act, omission, negligence, or breach.
Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms by reference. The Privacy Policy is available in the Site footer.
Neither party is liable for any delay or failure to perform under these Terms (other than payment obligations) to the extent the delay or failure is caused by an event outside that party's reasonable control. Examples include natural disasters, war, civil unrest, pandemic, governmental action, infrastructure outage, and failure of essential third-party services.
The affected party must notify the other as soon as reasonably practicable and use reasonable efforts to mitigate the effect.
We may, at our discretion, terminate or suspend your access to the Site at any time if you breach these Terms or if we reasonably believe your continued use would expose us to legal or commercial risk.
Termination of Site access does not affect any rights or obligations that accrued before termination, including any in-force Engagement Letter (which is governed by its own termination provisions).
Sections that by their nature should survive termination, including sections 9 (Intellectual property), 11 (Disclaimer of warranties), 12 (Limitation of liability), 13 (Australian Consumer Law), 14 (Indemnification), 19 (Governing law), and 20 (Dispute resolution), survive termination.
We may update these Terms from time to time. When we do, the "Last updated" date at the top of the page will change. Your continued use of the Site after a change to these Terms means you accept the updated Terms.
If you have an Engagement Letter in place when these Terms change, the changes do not vary that Engagement Letter unless we and you agree in writing.
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts entitled to hear appeals from those courts, in respect of any dispute arising out of or in connection with these Terms.
If a dispute arises between you and us out of or in connection with these Terms, the parties will use the following process before commencing court proceedings:
This section does not prevent either party from seeking urgent interlocutory relief (for example, an injunction) at any time.
Severability. If any part of these Terms is held to be invalid or unenforceable, that part will be severed and the remaining Terms will continue in full effect.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
Entire agreement. These Terms (together with the Privacy Policy and any Engagement Letter you have signed with us) constitute the entire agreement between you and us in relation to your use of the Site. Any prior communications or representations are superseded.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor business with notice to you where reasonably practicable.
No partnership. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and us.
Headings. Section headings are for convenience only and do not affect interpretation.
For any question, complaint, or notice relating to these Terms: