1. About these terms
These terms apply whenever you buy a service from McKee Creative or use this website. They replace any earlier terms published on mckeecreative.store.
They work together with:
- your written scope: the product description on this website at the time you order (for fixed-price products like the Profit Check), or the written scope, plan or job confirmation we send you by email (for fixes, partnerships and Partner Desk jobs);
- our refund policy; and
- our privacy policy.
If they disagree, the written scope wins, then these terms, then anything else on the website. You accept these terms when you pay for a service or confirm a scope in writing, whichever happens first.
2. Who we are
McKee Creative is a trading name of SkyM8 Pty Ltd (ACN 147 301 951, ABN 15 147 301 951), of 4 Picaninni Close, Cannonvale QLD 4802, Australia. In these terms, "we", "us" and "our" mean SkyM8 Pty Ltd trading as McKee Creative. Jo McKee does the work. "You" means the business or person buying the service, and for Partner Desk jobs it means the agency.
3. Scope is agreed in writing first
Nothing starts until the scope is in writing.
- Fixed-price products (the Profit Check, the Stockist Snapshot): the scope is the description on this website when you order. It's for one store.
- Fixes and partnerships: we send you a written scope or one-page plan with the deliverables, price and timing. You accept it in writing or by paying the first invoice.
- Partner Desk jobs: the scope is the rate-card description plus our email confirming the job, the price, the client website and the access needed.
Anything not in the written scope is out of scope. If you ask for extra work, we'll quote it in writing first and only start once you've agreed. Small changes you request may also change the timing, and we'll tell you how before we go ahead.
4. Access, timing and when the clock starts
Most of our work depends on access to accounts you control: your store, analytics, ad accounts, email platform and similar.
The clock starts when all three are done: you've paid in full, you've completed the intake form or brief, and every access you've been asked for is in place and working. We'll confirm by email when that happens. Turnaround times are in business days (Monday to Friday, excluding Queensland public holidays) from that confirmation.
- Read-only where we can. For the Profit Check we ask for read-only or analyst-level access. We never ask for your passwords.
- Delays on your side extend the timing. If access is missing, removed or doesn't work, or we're waiting on information or approval from you, the timeframe pauses until it's sorted.
- If access never arrives. If we haven't received the access we need within 30 days of your order, we'll remind you by email. If it still hasn't arrived 60 days after your order, we may close the order and refund you in full, since no work will have started.
- Remove our access when the job ends. We'll remind you, and we'll stop using it either way.
5. Your responsibilities
You agree to:
- give us accurate, complete information and tell us promptly if something changes;
- own or have the right to give us access to every account, website, image, product claim and piece of content you supply;
- keep your accounts secure, including two-factor authentication on your own logins, and control who has access;
- pay ad spend, app and software subscriptions, and any other third-party costs directly to the provider (these are never included in our fees unless the scope says so);
- check and approve anything that needs your approval before it goes live, within the time we agree; and
- make sure your products, offers, prices and claims comply with the law and with each platform's policies.
You make the final business decisions, including ad budgets. We advise; you decide.
6. Platform and account changes
Shopify, WooCommerce, Meta, Google, Klaviyo and other platforms change their features, policies, tracking, checkout and attribution rules often, sometimes without notice. They can also restrict, reject or suspend accounts and ads.
- We aren't responsible for changes, outages, policy decisions or account actions by a platform.
- We aren't responsible for changes made by you, your staff, your apps, your developer or another agency, including changes that undo or break our work.
- If a platform or third-party change means work needs to be redone or updated after we've delivered it, that's new work. We'll quote it in writing first.
- Findings in a report describe what we saw at the time we checked. Accounts and platforms keep changing after that.
7. Fees and payment
We're paid before we start. Every job is invoiced, and payment is completed, before any work begins.
- Prices are in Australian dollars and include GST unless we say otherwise. Every invoice and Stripe receipt is a tax invoice showing our name, ABN, the date, what you bought, the price and the GST included. If you need a tax invoice re-issued, ask and we'll send it within 28 days (in practice, within one business day).
- Buyers outside Australia: if your business isn't in Australia, GST may not apply. We'll say so on the invoice.
- Fixed-price products are paid in full at checkout, by card, through Stripe.
- Fixes are invoiced once you accept the scope, and paid in full before work starts.
- Partner Desk jobs are invoiced when we confirm the job, and paid in full before work starts. Partner Blocks are paid upfront and are valid for 60 days from payment.
- Partnerships are invoiced monthly in advance, and each month is paid before that month's work starts. Any setup fee is paid before setup starts.
- If a payment is late: we don't start (or, for a partnership, continue into a new month) until it's paid, and any timeframes move by the length of the delay. We'll remind you in writing first. Licences to use our work (section 10) only start once it's paid for.
- Credit: the Profit Check fee is credited in full against any fix or partnership you start with us within 30 days of receiving your Profit Check report.
- We don't store your card details. Stripe processes card payments.
8. Partnerships: term and ending
- Partnerships run for an initial three months, then continue month to month.
- After the first three months, either of us can end a partnership with 30 days' written notice (email is fine). There's no exit fee. Fees are payable up to the end of the notice period.
- Either of us can end a partnership or a job sooner by written notice if the other seriously breaches these terms and doesn't fix it within 14 days of being asked in writing. We can also end it if a payment is more than 14 days late after a reminder, if you ask us to do something unlawful or against a platform's policies, or if you or your team are abusive to us.
- If a partnership or job ends early for any reason other than your breach, we refund any fees you've paid for work we haven't done.
- When a partnership ends, we hand over anything we've made for you that's been paid for, stop using your accounts, and remind you to remove our access.
9. Results are not guaranteed
Marketing results depend on many things we don't control: your products, prices, stock, website, competitors, the season, the economy and the platforms themselves.
So we don't guarantee any particular sales, return on ad spend, cost per result, ranking, approval or growth, and we don't guarantee that any two platforms' numbers will match. Any estimate we give you (for example, "this fix is likely worth about this much") is our honest professional opinion, not a promise.
What we do promise is to do the work with due care and skill, as described in the written scope. The Profit Check refund guarantee is set out in our refund policy. None of this limits your rights under the Australian Consumer Law (section 13).
10. Intellectual property
- Yours stays yours. You keep ownership of your accounts, data, brand, content and anything you give us.
- What we make for you. Once you've paid for it in full, you own the deliverables we create specifically for you, such as reports, ad copy, email copy and flow builds in your accounts. Until then, you can use them under a licence that ends if the invoice isn't paid.
- Our tools stay ours. We keep ownership of our methods, checklists, templates, scripts, software, the AI back office and know-how, including anything we improve while working with you. Where any of that is built into your deliverables, you get a permanent, non-exclusive licence to use it as part of those deliverables, for your own business.
- Third-party material (fonts, stock images, apps, platform features) is used under its own licence.
11. Confidentiality and white-label work
We both keep each other's confidential information confidential, and only use it to deliver or receive the service. That includes your sales figures, customer data, ad accounts, plans and prices, and our methods, tools and pricing arrangements. This doesn't apply to information that's already public (other than through a breach), or that the law requires either of us to disclose.
Case studies and testimonials. We won't publish your name, logo, results or words without your written permission for that specific use.
For agencies (white-label). Unless you tell us otherwise in writing:
- we work through you and stay invisible to your client;
- we don't contact your client directly, unless you ask us to;
- you may present the work as your agency's own;
- we never name your clients, or the fact that we work with you, anywhere public; and
- you remain responsible to your client for the service, and we're responsible to you.
12. Our AI back office and other tools
We use software, including AI tools, to help with checking, drafting and record keeping. Jo reviews the work, and nothing reaches you or your customers until she's read it. Your information is handled as described in our privacy policy.
13. Your rights under the Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These include that services will be provided with due care and skill, will be reasonably fit for any purpose you've told us about, and will be supplied within a reasonable time if no time is agreed. If a guarantee isn't met, you may be entitled to a remedy, as explained in our refund policy.
Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, or any other law, that can't lawfully be excluded, restricted or changed.
14. Limits on our liability
This section applies only as far as the law allows, and subject to section 13.
- Services not ordinarily bought for personal or household use. Where section 64A of the Australian Consumer Law allows, and unless you show it isn't fair or reasonable for us to rely on this, our liability for failing to meet a consumer guarantee is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.
- Cap. Our total liability to you for all claims arising out of or in connection with a service is limited to the fees you've paid us for that service. For partnerships, it's the fees you paid in the three months before the event that led to the claim.
- Indirect loss. Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, sales, ad spend, goodwill or opportunity.
- Your accounts. We aren't liable for losses caused by a platform's decision, by changes made by you or others (section 6), or by unauthorised access to your accounts, except to the extent we caused or contributed to it.
- Shared responsibility. Our liability is reduced to the extent you, your team or your other providers caused or contributed to the loss.
These limits don't apply to personal injury, to a breach of our confidentiality or privacy obligations, or to loss caused by our fraud, wilful misconduct or gross negligence.
15. Claims about your products and content
You're responsible for the products you sell and the content and claims you supply or approve. If someone makes a claim against us because of them, or because we followed your written instructions, you'll cover our reasonable costs of dealing with that claim, to the extent the claim arises from those products, content, claims or instructions. This doesn't apply to the extent the claim was caused or contributed to by our own negligence or breach of these terms, and we'll take reasonable steps to keep those costs down.
16. Disputes
If something's gone wrong, please email us first at grow@mckeecreative.store and tell us what happened and what you'd like done. We'll reply in writing within one business day and work with you to sort it out. If we can't resolve it within 20 business days, either of us may suggest mediation before going to court. This doesn't stop either of us seeking urgent relief, or you contacting a consumer protection agency.
17. Queensland law
These terms are governed by the laws of Queensland, Australia. Both of us submit to the non-exclusive jurisdiction of the courts of Queensland and the courts that can hear appeals from them.
18. Using this website
- You may view, download and print pages from this website for your own use. Please don't copy, republish or sell its content, design or downloads (including the Partner Desk rate card) without our written permission.
- We take care with what we publish, but general information on this website is not advice for your particular business.
- Links to other websites are for convenience. We're not responsible for their content.
- We may change or take down parts of the website at any time.
- Publishing our email address doesn't mean we agree to receive unsolicited commercial electronic messages (Spam Act 2003).
19. Other things
- Changes. We may update these terms. Changes apply to orders placed and scopes agreed after the update. For an active partnership, we'll give you 30 days' written notice of any change that affects you, and you can end the partnership without an exit fee before it takes effect.
- Not employment. We're an independent business, not your employee or agent.
- Transfer. Neither of us may transfer a contract to someone else without the other's written agreement, except that we may transfer it as part of a sale of our business with notice to you.
- If part doesn't work. If any part of these terms is unenforceable, it's read down or removed, and the rest still applies.
- Notices may be given by email to the address you used to order, or to grow@mckeecreative.store.
20. Contact
- Business: SkyM8 Pty Ltd T/A McKee Creative (ABN 15 147 301 951, ACN 147 301 951)
- Email: grow@mckeecreative.store
- Phone: 0412 609 777
- Post: PO Box 2119, Cannonvale Qld 4802