Last updated: 3 September 2026
These Terms & Conditions (“Terms”) govern your use of surgecatalyst.com (the “Website”), which is operated by Surge Catalyst (“Surge Catalyst”, “we”, “us” or “our”). By using the Website, you agree to these Terms. If you do not agree, please do not use the Website.
Website terms only. These Terms govern use of the Website. Any consulting, agency, advertising, creative, technology or growth services are supplied only under a separate written proposal, statement of work or services agreement.
Website information
The Website provides general information about Surge Catalyst and its approach to growth strategy, acquisition, conversion, retention, data and related services. It is not legal, financial, accounting, investment or other regulated professional advice. You should obtain advice appropriate to your circumstances before acting on information on the Website.
No offer or services agreement
Nothing on the Website is a binding offer to provide services. Sending an enquiry does not create a client, fiduciary, partnership, employment or agency relationship. An engagement begins only when the relevant parties sign a separate written agreement.
Commercial arrangements—including scope, fees, monthly retainers, revenue share or other performance-linked compensation, measurement rules, payment terms and termination rights—will be set out in that agreement. If there is any inconsistency between these Terms and a signed services agreement, the services agreement controls for the relevant engagement.
Results and case studies
Growth, revenue, profitability, conversion and advertising performance depend on factors including the brand, offer, margins, market, platform conditions, budget, inventory, implementation and customer demand. We do not promise or guarantee a particular result.
Case studies, figures, testimonials and examples describe particular circumstances and are provided for illustration. They are not forecasts, representations or guarantees that another business will achieve the same or similar outcomes. Unless stated otherwise, figures may be rounded and client names may be withheld for confidentiality.
Intellectual property
The Website and its original content, branding, design, graphics, methods and materials are owned by or licensed to Surge Catalyst and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive right to access and use the Website for lawful internal business and informational purposes.
You may not copy, reproduce, republish, sell, license, scrape, distribute, modify, frame or create derivative works from a substantial part of the Website without our prior written permission, except where law permits. Surge Catalyst names, logos and brand elements may not be used in a way that suggests endorsement or affiliation without permission.
Acceptable use
You must not use the Website to:
- break any law or infringe another person’s rights;
- introduce malware, attempt unauthorised access or interfere with the Website’s operation or security;
- collect data from the Website through automated means in a way that imposes an unreasonable load or circumvents access controls;
- misrepresent your identity or relationship with another person; or
- send unlawful, misleading, abusive or confidential material that you are not authorised to provide.
Enquiries and confidential information
Please provide only information reasonably needed for us to assess and respond to your enquiry. Until we have agreed otherwise in writing, information submitted through the Website is not treated as confidential and does not create a duty to act solely in your interests. This does not limit our obligations under our Privacy Policy or applicable law.
Third-party services and links
The Website may link to or rely on third-party websites, platforms and tools. They are controlled by their respective providers and may have separate terms and privacy practices. A link does not necessarily mean that we endorse the third party. We are not responsible for third-party content or availability.
Availability and security
We aim to keep the Website useful and available, but we do not promise uninterrupted, error-free or secure access. We may change, suspend or withdraw any part of the Website without notice. You are responsible for maintaining appropriate security and backups when using the internet.
Consumer rights and liability
Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, including any applicable rights under the Australian Consumer Law.
To the maximum extent permitted by law, the Website and its content are provided “as is” and “as available”. Surge Catalyst excludes warranties that may otherwise be implied and is not liable for indirect, incidental, special or consequential loss arising from use of, or inability to use, the Website. Where liability cannot be excluded but can lawfully be limited, our liability is limited to the minimum remedy permitted by applicable law.
Changes to these Terms
We may update these Terms from time to time. The current version will be published on this page with its “Last updated” date. Your continued use of the Website after an update means the revised Terms apply from that time.
Governing law
Unless applicable law requires otherwise, these Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have non-exclusive jurisdiction. A separate signed services agreement may specify a different governing law for that engagement.
Contact
Questions about these Terms may be sent to [email protected].