Terms of service
Last updated: June 2025
These Terms of Service ("Terms") govern your purchase of prepaid hour blocks and use of services provided by StackDesk, operated by JRWest (ABN 92 998 397 480, "StackDesk", "we", "us"). By completing a purchase or engaging our services, you ("Client") agree to be bound by these Terms.
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms are subject to the exclusive jurisdiction of the courts of New South Wales.
1. Services
StackDesk provides technical marketing services across paid advertising, analytics and tracking, SEO, reporting and dashboards, and AI and automation. Services are delivered by drawing down from prepaid hour blocks purchased by the Client.
The specific scope of work for each engagement is agreed between StackDesk and the Client prior to work commencing. StackDesk reserves the right to decline any brief that falls outside its capabilities or is inconsistent with these Terms.
2. Purchasing a prepaid hour block
By completing a purchase on this website, the Client acknowledges and agrees to the following:
- Purchase constitutes acceptance of these Terms in full
- Prepaid hours are valid for 90 days from the date of purchase
- Unused hours after 90 days expire and are not carried forward or refunded unless StackDesk agrees otherwise in writing
- Hours may be used across any service listed on our website
- Hours cannot be transferred to a third party without prior written consent from StackDesk
3. Pricing and GST
All prices listed on this website are in Australian dollars and exclude GST. GST (currently 10%) will be added at checkout where applicable. A tax invoice will be issued upon payment.
StackDesk is registered for GST. ABN: 92 998 397 480.
4. No fix, no fee guarantee
Where StackDesk agrees to resolve a specific technical issue, and is unable to do so, no hours will be charged for the resolution work. The Client will retain the unused hours in their block.
The following conditions apply to this guarantee:
- Investigation and diagnostic time is billable regardless of outcome. Hours spent identifying, scoping, or diagnosing an issue are charged at the standard rate even if the issue cannot ultimately be resolved
- The guarantee applies only where StackDesk has explicitly agreed in writing to resolve a specific, defined technical issue
- The guarantee does not apply to open-ended or exploratory work, strategy engagements, or situations where the Client's own systems, platforms, or third parties prevent resolution
- StackDesk determines in good faith whether a resolution has been achieved
5. Refund policy
Given the nature of prepaid service blocks, refunds are not available once work has commenced against a block. Where no work has commenced, StackDesk may, at its discretion, issue a refund within 7 days of purchase on written request.
Partially used blocks are not eligible for refund. Investigation time spent prior to a refund request is non-refundable under all circumstances.
Nothing in this clause limits any rights you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)).
6. Delivery of services
StackDesk will use reasonable endeavours to deliver services within agreed timeframes. Timeframes are estimates only and are not guaranteed unless confirmed in writing as a fixed deadline.
The Client agrees to provide timely access to accounts, platforms, credentials, and information reasonably required to deliver the services. Delays caused by the Client's failure to provide such access will not be considered a failure by StackDesk to deliver.
All work is performed directly by Jason West and Limon Ghosh. StackDesk does not subcontract or offshore work without the Client's prior written consent.
7. White-label and confidentiality
Where StackDesk is engaged by an agency to deliver services for that agency's clients, StackDesk agrees to:
- Treat all end-client information as strictly confidential
- Deliver all work unbranded and suitable for the agency to present under its own brand
- Not contact the agency's clients directly without the agency's prior written approval
- Not solicit or approach the agency's clients independently
This confidentiality obligation survives termination of the engagement.
8. Non-disclosure and commercial confidentiality
Both parties acknowledge that in the course of an engagement, each may receive or have access to confidential information belonging to the other party ("Confidential Information").
Confidential Information includes, but is not limited to:
- Client data, analytics accounts, ad platform data, customer lists, and business performance metrics
- Agency client identities, account structures, and commercial arrangements
- StackDesk's methodologies, systems, tools, pricing structures, and proprietary processes
- Any information designated as confidential by either party, or that a reasonable person would understand to be confidential given the circumstances of disclosure
Each party agrees to:
- Hold the other party's Confidential Information in strict confidence
- Not disclose Confidential Information to any third party without prior written consent, except as required by law or as strictly necessary to deliver the services
- Use Confidential Information solely for the purpose of the engagement
- Limit access to Confidential Information to those personnel who need it to perform the services
- Notify the other party promptly upon becoming aware of any actual or suspected unauthorised disclosure
These obligations do not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was already known to the receiving party prior to disclosure
- Is independently developed by the receiving party without reference to the Confidential Information
- Is required to be disclosed by law, regulation, or court order — in which case the disclosing party will provide as much advance notice as reasonably practicable
These non-disclosure obligations survive termination or expiry of any engagement or these Terms for a period of three (3) years from the date of disclosure of the relevant Confidential Information.
Both parties acknowledge that a breach of this clause may cause irreparable harm for which monetary damages would be an inadequate remedy, and agree that the non-breaching party is entitled to seek injunctive or other equitable relief in addition to any other remedies available at law.
9. Intellectual property
Upon full payment for the relevant hours, the Client owns the deliverables produced by StackDesk for that engagement. StackDesk retains ownership of any pre-existing tools, methodologies, templates, or systems used in producing the deliverables.
The Client grants StackDesk a limited licence to access and use the Client's platforms, accounts, and data solely for the purpose of delivering the agreed services.
10. Limitation of liability
To the maximum extent permitted by law, StackDesk's total liability to the Client for any claim arising out of or in connection with these Terms or the services — whether in contract, tort (including negligence), or otherwise — is limited to the total fees paid by the Client for the specific project or hour block to which the claim relates.
StackDesk is not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including loss of revenue, loss of profit, loss of data, or damage to reputation, even if StackDesk has been advised of the possibility of such loss.
Nothing in these Terms excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or liability under the Australian Consumer Law.
11. Warranties
StackDesk warrants that services will be delivered with reasonable care and skill consistent with industry standards. StackDesk does not warrant that any particular outcome, ranking, conversion rate, or performance result will be achieved as a result of the services.
Marketing results depend on many factors beyond StackDesk's control, including platform algorithm changes, third-party tools, and the Client's own business operations.
12. Termination
Either party may terminate an engagement by providing written notice. Upon termination:
- Hours already worked are payable in full
- Any remaining prepaid hours expire unless otherwise agreed in writing
- Each party will promptly return or destroy confidential information belonging to the other party
13. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
In the event of a dispute, the parties agree to attempt to resolve the matter through good-faith negotiation before initiating formal proceedings.
14. Changes to these Terms
StackDesk may update these Terms from time to time. The current version will always be available at this URL. Continued use of our services after any changes constitutes acceptance of the updated Terms. Where a purchase has already been made, the Terms applicable at the time of purchase apply to that engagement.
15. Contact
For questions about these Terms: