Terms of Service

This Agreement ("Agreement") is entered into by and between the Client ("Client") and the Contractor ("Contractor") as of the date of acceptance by the Client, hereinafter referred to as the "Effective Date".

Background

The Client engages the Contractor to provide the following services:

Services Provided:

Lead Generation, Marketing & Appointment Setting

  • Contractor will build out Lead Generation marketing campaigns for the client on Meta Business (Facebook + IG) and Google.
  • Contractor will build out advanced Ad targeting.
  • Contractor will develop the Ad Creative using the Client's images and stock images.
  • Contractor will build out the lead opt-in form + any qualifications (if so desired).
  • Contractor will optimize the campaigns for the best return.
  • Contractor will continually manage all marketing campaigns.
  • Contractor will set up Tracking.
  • Contractor will build out Landing Pages (Unless the client asks otherwise).
  • Contractor will set up a CRM to store and organize all of these leads.
  • Contractor will automate this CRM to populate with all new leads in real-time.
  • Contractor will create a dedicated Slack or WhatsApp group for all contractor-client communications & support.

Rules of the Game

By signing this Agreement, the Client acknowledges and agrees to the following rules:

  • The Contractor will set up Meta marketing campaigns but is not affiliated with Meta.
  • The Client will pay the ad spend.
  • Services provided by the Contractor are supplementary to the Client's personal efforts to grow their business.
  • The Client acknowledges market fluctuations and will not hold the Contractor responsible for slower lead generation due to market conditions.
  • The Client agrees to be understanding in the event of unforeseen circumstances affecting performance.
  • The start date of performance occurs after the ads have been approved by Meta. Any ad pauses caused by issues not related to the Contractor (ad account issues, ad payment issues, etc.) do not pause the monthly billing cycle, and the client must fix the issue themselves.
  • The Client must give the Contractor a 30-day cancellation notice to cancel services and stop payments.

Intellectual Property

Any and all Intellectual Property owned by the Contractor, including trademarks, trade secrets, patents, copyrights, creative ad copy, and materials transmitted as part of the Services, shall at all times constitute Contractor’s Intellectual Property. Except in circumstances expressly authorized in a written agreement, no such Intellectual Property may be copied, reproduced, distributed, or transmitted by the Client to any third party without the express, written consent of Contractor. By failing to adhere to these terms, the Client agrees to pay a $20,000 fee.

Copyright

All content created as part of the Services, including but not limited to website content, social media posts, videos, images, etc., is protected under Australian and international copyright laws. Unauthorized use, distribution, reproduction, modification, or transmission of this content is prohibited without Contractor's express written consent.

Warranties

The Contractor will pass along any third-party warranties to the Client. All other warranties, including implied warranties of merchantability and fitness for a particular purpose, are excluded.

Indemnification

The Contractor agrees to indemnify and hold Client harmless against all claims, losses, expenses, fees, and judgments resulting from negligent performance of services. Client agrees to indemnify and hold Contractor harmless from claims resulting from Client's acts or omissions.

Portfolio/ Publicity Use

Client agrees to allow Contractor to use Client’s name, likeness, and related statistics for Contractor’s public portfolio.

Modification of Agreement

Any modification of this Agreement must be evidenced in writing and signed by both Parties.

Time of the Essence

Time is of the essence in this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the Parties, superseding all prior discussions and agreements.

Guarantees/ Cancellations

If the client is not 'profitable' after 3 months, we refund your service fee. This assumes a sales close rate of 20% of the leads, and that they are quoting in person with proof needed. The client must also agree to call the lead at least 3 times in the first week and show proof they have. Additionally, the client must post on social media profiles twice a week, including 3 story posts a week.

Asides from the performance guarantee, the Contractor does not provide any refunds, partial refunds, or other guarantees.

Term of Sale/ Refunds

All sales are final and non-refundable unless agreed criteria are not met. By signing this Agreement, Client authorizes auto-charging of their credit card on file.

Force Majeure

Either party may be excused from performance in case of a Force Majeure Event.

Counterparts

This Agreement may be executed in counterparts and via electronic signatures.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.

By accepting this Agreement, the Client acknowledges that they have read, understood, and agreed to all the terms outlined herein.