Services
The Provider will build and operate a paid advertising client acquisition system for the Client. The Services may include, without limitation:
- Meta advertising campaign setup and ongoing management;
- a video sales letter funnel, including a landing page and a confirmation page;
- ad creative production, including static ad creative and video ad copy and scripts;
- booking and lead capture infrastructure;
- conversion tracking and a reporting dashboard; and
- instant lead notifications delivered to the Client.
The Services are dynamic and may be adjusted during the Initial Term and any agreed continuation based on the Provider's professional judgement about what is most likely to work best for the Client's objectives, market, offer, budget, and available data. The listed services and any initial deliverables are indicative, not an undertaking that every item will be produced or used. The Provider may recommend, replace, defer, or discontinue an initial deliverable and propose an alternative service, asset, funnel, campaign, or implementation where the Provider reasonably considers the alternative more suitable or effective.
The Provider will explain material changes to the Client transparently. The Client acknowledges that adapting, replacing, deferring, or discontinuing deliverables within the agreed objectives is an expected part of the Services and does not require a separate written variation or approval. Any change to the agreed fees or Client responsibilities must be agreed by both parties.
Fees
The Client will pay the Provider the following fees:
Qualified Show Defined
A Qualified Show is a scheduled call that meets all of the following: (a) the booking originated from the funnel the Provider built and operates; (b) the prospect completed and passed the pre-booking qualification form before the slot was offered; and (c) the prospect attended the scheduled call, as shown in the booking tool's verifiable record.
Qualified Shows are verified against the Client's booking system data, to which the Client provides read access at onboarding. No fee is payable for prospect no-shows, cancellations, bookings that bypassed the qualification form, or bookings that failed the form's qualifying gate.
Where a prospect reschedules, the booking rolls forward and is billed once, on attendance. If the prospect attends and the Client (or the Client's representative) does not, the call is billed as a Qualified Show.
Payment Terms
The Infrastructure Fee is invoiced through Stripe at onboarding, and the Client pays it by card through the invoice payment link. Paying by card saves the card on file with Stripe; performance billing begins only once the Infrastructure Fee has been paid.
Performance Fees are charged to the saved card weekly, each Friday, covering the preceding Friday through Thursday. A billing period with zero Qualified Shows incurs no charge. The Provider may pause the Services while any payment remains overdue or a charge has failed.
Performance Guarantee
If fewer than 5 Qualified Shows are delivered during the Initial Term, the Provider will refund the Infrastructure Fee in full, provided the Client met the Client Obligations in clause 6 throughout the Initial Term.
Performance Fees for Qualified Shows actually delivered, and advertising spend paid to Meta, remain non-refundable in every case.
Client Obligations (Guarantee Conditions)
The guarantee in clause 5 is conditional on the Client meeting each of the following obligations throughout the Initial Term:
- Maintain the minimum advertising spend in clause 2 for the full Initial Term. Client initiated pauses or budget reductions void the guarantee.
- Approve, or give specific written feedback on, creative, copy, and pages within 2 business days of submission. Delays beyond this window extend the Initial Term day for day.
- Provide ad account access, a payment method on the ad account, domain and DNS access, calendar access, and all required brand assets or footage within 7 days of signing. The Initial Term starts on the date access is complete.
- Keep a minimum of 10 bookable call slots available per week.
- Speed to lead: make a first phone contact attempt to every new lead within 5 minutes of the lead notification during the agreed contact hours of 8am to 5pm on business days, Queensland time. Leads arriving outside contact hours must receive a first attempt within 5 minutes of the next contact window opening. First attempt times must be logged by the Client in the shared tracker; an unlogged lead counts as a missed attempt. Meeting the guarantee requires the 5 minute attempt on at least 80% of leads. Before launch, the Client will name a lead response owner and a backup.
- Make no changes to the offer, pricing, or targeting mid term without the written agreement of both parties. Client requested changes extend the measurement window.
- Keep all tracking (pixel, forms, and scheduler) intact and unmodified.
- Early termination of this agreement by the Client forfeits the guarantee.
Term and Renewal
The Initial Term is 60 days from the date access is complete under clause 6(c). Before the Initial Term ends, the parties may discuss whether to continue the Services. Any continuation must be agreed in writing. If the parties do not agree to continue, the Services end on the last day of the Initial Term. If the parties agree to continue the Services, either party may later discontinue the ongoing Services by giving 14 days' written notice, unless the written continuation agreement states a different notice period. Payment terms for any continuation must be agreed in writing.
Termination
Either party may terminate this agreement for a material breach that remains unremedied 14 days after written notice of the breach is given. All fees earned up to the date of termination remain payable.
On expiry of the Initial Term, or on earlier termination of this agreement, the Provider may discontinue and disconnect or deactivate any provider-held software, platforms, hosting, systems, funnels, pages, integrations, and automations used to provide the Services. The Provider is not required to continue paying for or maintaining those items after the Services end. Client-held accounts and Client-owned creative materials are unaffected. Any continued use, migration, or handover of provider-held systems requires a separate written agreement and payment.
Confidentiality
Each party will keep confidential all non public information disclosed by the other party in connection with this agreement, including business, financial, client, and technical information, and will use it only for the purposes of this agreement. Neither party will disclose the other party's confidential information to any third party except to its own personnel and advisers who need it for this agreement and are bound by equivalent obligations, or where disclosure is required by law. This clause survives termination of this agreement.
Intellectual Property
The Client owns the creative materials the Provider supplied to the Client before the commencement of this agreement, and all creatives and scripts produced on the Client's behalf under this agreement. The Provider retains ownership of its underlying systems and templates, together with the tools and processes used to deliver the Services. In its portfolio and marketing, the Provider may reference the engagement and anonymised results.
Limitation of Liability
The Provider's total liability under or in connection with this agreement is capped at the fees actually paid by the Client. The Provider has no liability for indirect or consequential loss. Apart from the guarantee in clause 5, no specific results are warranted, and advertising outcomes vary. Nothing in this agreement excludes, restricts, or modifies any non-excludable right or remedy under the Australian Consumer Law.
Electronic Execution
The parties agree to sign this agreement electronically in accordance with the Electronic Transactions Act 1999 (Cth). An electronic signature applied on this page binds the signing party as if it were an original wet ink signature.
Governing Law
This agreement is governed by the laws of Queensland, Australia, and the parties submit to the non exclusive jurisdiction of the courts of that State.