1. Structure of the agreement
These General Terms of Service (“Terms”) govern all services provided by the Agency. The specific details of your project — including deliverables, timelines, pricing, and any specific performance guarantees — are outlined in a separate document provided to you, referred to generally as the “Proposal”, which may take the form of a quote, statement of work, checkout page, or written agreement.
Together, your specific Proposal and these general Terms form the complete legal agreement between you (“The Client”) and the Agency. In the event of a conflict between these Terms and your Proposal, the Proposal will take precedence.
2. Acceptance of terms
By performing any of the following actions, you agree to be bound by these Terms and the associated Proposal:
- Clicking “I Agree”, “Accept”, or “Pay Now” on a digital checkout or proposal platform;
- Making payment of any invoice, including full payment, partial instalment, or deposit, issued by the Agency; or
- Providing written approval, including by email, to proceed with services.
3. Scope of services and scope creep
The work: We will deliver the services exactly as outlined in your accepted Proposal.
Exclusions: Any task, deliverable, or service not explicitly listed in the Proposal is out of scope.
Scope creep: If you request additional work outside the agreed Proposal, such as adding a new CRM pipeline, changing target markets mid-campaign, or requesting extra revisions, we will notify you and provide a separate quote for the additional work. We will not proceed with out-of-scope work until the new quote is approved.
4. Client obligations and delays
To deliver our services effectively, we require your partnership. You agree to:
- Provide access: Promptly grant us necessary access to your systems, such as HubSpot, LinkedIn, web domains, and any other platforms required for delivery.
- Timely approvals: Review and approve assets, scripts, or strategies within 48 hours of receipt to prevent campaign delays.
- Maintain subscriptions: Ensure any third-party software required for your project, such as HubSpot licences or LinkedIn Sales Navigator, remains active and fully paid.
- Delays: If a project stalls for more than 14 days due to client inaction, such as failure to provide required assets, passwords, access, or approvals, we reserve the right to pause the project. Billing schedules will continue as planned regardless of client-side delays.
5. Fees, invoicing, and payments
5.1 Payment terms
The total contract value and specific billing schedule, whether upfront, milestones, or recurring retainer, are defined in your Proposal.
Due dates: Unless otherwise specified at checkout, all invoices are due within 7 days of issue.
Payment methods: We accept credit card payments and bank transfers. By providing a credit card, you authorise us to automatically charge it in accordance with your agreed billing schedule.
5.2 Instalments and retainers
Fixed-term instalments: If your Proposal includes a fixed-term project paid in instalments, such as a three-payment plan, this is a financing convenience and not a subscription. You are legally liable for the entire total contract value.
Acceleration clause: In the event of a missed instalment or default on a fixed-term agreement, we reserve the right to declare the entire remaining balance immediately due and payable.
Recurring retainers: If you are on an open-ended monthly retainer, it will automatically renew each month. You may cancel recurring retainers by providing 14 days’ written notice before your next billing date.
5.3 Suspension of service
If an invoice becomes overdue, we reserve the right to immediately pause all active services, campaigns, and platform access until the account is brought current.
6. Strict no-refund policy and chargebacks
No “change of mind” refunds: Due to the immediate allocation of resources, strategic planning, and intellectual property transfer that occurs upon acceptance, all payments are final. We do not offer refunds for change of mind, business pivots, or failure to use the services.
Chargebacks: Initiating a credit card dispute or chargeback while we are actively delivering services or responding to your communications is a breach of these Terms. We reserve the right to contest such disputes using this agreement, your Proposal, and evidence of work performed.
7. Warranties and guarantees
Specific guarantees: We do not guarantee specific financial, lead generation, or sales outcomes unless explicitly stated in your Proposal.
Conditions of guarantee: Any guarantee provided in a Proposal is strictly conditional on you fulfilling all client obligations. Failure to implement our advice, attend required strategy sessions, respond to leads promptly, or provide required approvals may void any performance guarantee.
General standard: Where no specific guarantee is offered, services are provided on a best-efforts basis in accordance with industry standards.
8. Third-party platforms and risks
Our services may use third-party platforms including HubSpot, LinkedIn, Meta, Google, and other campaign, CRM, data, automation, or analytics tools. You acknowledge that:
- These platforms have their own terms of service, which you are responsible for following.
- These platforms may change their algorithms, APIs, pricing, rules, product features, or access policies.
- We may use automation and integration tools to improve efficiency. Using such tools on certain platforms, including LinkedIn, carries inherent platform risk.
Liability waiver: The Agency accepts no liability for any loss of data, account restriction, suspension, “jail”, or banning applied by a third-party platform. You proceed at your own risk.
9. Intellectual property
Your data: You retain full ownership of all pre-existing intellectual property, client lists, CRM data, and final completed assets delivered to you upon full payment.
Our IP: The Agency retains full ownership of our proprietary methodologies, backend workflows, campaign architectures, code libraries, targeting strategies, and messaging templates. You are granted a licence to use these for your own business purposes during our engagement, but you may not resell, white-label, or distribute our IP to third parties.
10. Confidentiality
Both parties agree to keep proprietary information, trade secrets, financial data, and business strategies confidential. We will not share your private CRM data, prospect lists, or unique strategies with your direct competitors.
11. Liability and dispute resolution
Limitation of liability: To the maximum extent permitted by Australian Consumer Law, our total liability for any claim arising out of this agreement, whether in contract, tort, or otherwise, is strictly limited to the total amount of fees paid by you to us in the three months preceding the claim. We are not liable for any indirect loss, loss of profit, or loss of business opportunity.
Dispute resolution: In the event of a dispute, both parties agree to attempt to resolve it via good-faith negotiation before seeking legal action.
Jurisdiction: This agreement is governed by the laws of Australia.