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Terms and Conditions
1. Overview
These Terms and Conditions ("Terms") govern the provision of digital advertising management services by Market Lead Pty Ltd ABN 52 653 325 387, trading as Property Lead ("Property Lead", "we", "us", "our") to you ("the Client", "you"). By engaging Property Lead to provide services, you agree to be bound by these Terms.
2. Services
Property Lead provides advertising management, optimisation, consultation, and related services on advertising platforms including Google Ads and Meta (Facebook/Instagram) Ads ("Services"). The specific scope of Services will be set out in a separate service agreement or proposal between Property Lead and the Client.
The Services comprise advertising management, recommendations, optimisations, and consultation only. Property Lead does not guarantee, warrant, or represent that any particular outcome, result, or sales target will be achieved. All advice and recommendations provided by Property Lead are recommendations only and the Client is responsible for all outcomes, whether financial or otherwise.
Past industry experience or strategies are not an indicator of future performance. This includes the results shown in the case studies on this website.
3. Engagement and Term
The engagement of Property Lead is subject to a minimum initial term as set out in the applicable service agreement. Unless otherwise specified, the agreement will automatically renew for successive periods of the same duration unless either party provides written notice of termination in accordance with the service agreement.
Upon termination for any reason, there will be an immediate discontinuation of all Services, including the removal of all active campaigns, landing pages, leads databases, dashboards, and associated tools created or managed by Property Lead.
4. Fees and Payment
Fees for the Services will be as specified in the applicable service agreement and may include set-up fees, monthly management fees, and a percentage of advertising spend. All fees are exclusive of GST unless stated otherwise.
The Client must pay all invoices within 5 business days of receipt. If any fees remain unpaid for 14 days from the due date, Property Lead may immediately discontinue all Services without further notice. The Client will be responsible for any additional costs incurred in the recovery of unpaid fees, including legal costs and debt collection fees.
All platform advertising charges (e.g. amounts paid directly to Google or Meta) are separate from and additional to Property Lead's fees and are the sole responsibility of the Client.
The Client may not exercise any right of set-off, chargeback, or refund against Property Lead unless entitled to do so under applicable statute.
5. Client Responsibilities
The Client agrees to:
- Provide Property Lead with full administrative access to Google Analytics, Google Tag Manager, Facebook Business Manager, Google Ads, and any other required platform accounts.
- Respond to all requests from Property Lead for information or approval within 2 business days.
- Complete any recommendations or requests from Property Lead within 5 to 10 business days.
- Provide written notice of any new advertising campaign, including all finalised images, videos, copy, and landing pages, not less than 5 business days before the campaign goes live.
- Notify Property Lead immediately if any advertising accounts have been or are banned, disabled, or suspended by any platform operator.
- Comply with all applicable privacy laws in any jurisdiction in which the Client operates or the Services are provided.
- Be solely responsible for the protection, use, and lawful collection of all user data and information.
If the Client provides feedback, makes changes to campaigns, offers, strategy, webpages, or tracking, Property Lead shall not be responsible for any matters arising directly or indirectly from such feedback or changes.
6. Advertising Platforms
All platform accounts are subject to the terms and conditions of the relevant platform operator (e.g. Google, Meta). The Client acknowledges that platform operators may, at any time and for any reason, stop, disable, or refuse to accept any advertisement. Property Lead will take reasonable steps to resolve such issues but cannot guarantee a successful outcome.
The Client remains liable for all Property Lead fees regardless of any actions taken by a platform operator.
7. Landing Pages and Leads Databases
Where Property Lead creates landing pages or leads databases as part of the Services, these remain the property of Property Lead at all times, including during any pause period and after termination of the agreement. The Client does not have ownership of, or independent access to, any landing page or leads database except as specifically permitted by Property Lead in writing.
The Client shall not reverse engineer, copy, or replicate any landing page or leads database, or permit any third party to do so. Upon termination, the Client may request a PDF copy of the leads database by making a written request to Property Lead.
Leads delivered to the Client (for example, into the Client's CRM or email inbox) belong to the Client.
8. Intellectual Property
The Client warrants that it is the sole owner of all intellectual property associated with any advertising content and does not require the consent of any third party for the use of such content.
The Client shall not copy, download, or create derivative works of any dashboards, landing pages, leads databases, or tools created by Property Lead.
The Client authorises Property Lead to use the data and results of any campaign as part of any portfolio, case study, or marketing material of Property Lead or Market Lead.
9. Limitation of Liability
To the maximum extent permitted by law, Property Lead shall not be liable for any incidental, consequential, or special damages (whether direct or indirect) or for any loss of profits or business interruption arising from the performance or non-performance of the Services.
In the event that Property Lead is found to be liable, the Client's sole remedy is limited to a refund of fees paid for the Services, less any amounts paid by Property Lead to subcontractors or third parties.
Property Lead is not responsible for errors resulting from faulty or incomplete information supplied by the Client or any third party, or for costs, damages, or delays caused by matters beyond Property Lead's reasonable control.
10. Indemnity
The Client unconditionally and irrevocably indemnifies and holds Property Lead and its officers, employees, agents, and contractors harmless against any and all actions, claims, demands, losses, liabilities, or costs (including legal costs on a solicitor and own client basis) arising from, resulting from, or connected with the Services, including the sale of any product or service via any website, landing page, or other form of communication.
11. Privacy and Data
Property Lead collects, uses, and handles personal information in accordance with its Privacy Policy. The Client is responsible for ensuring compliance with all applicable privacy laws in relation to the collection and use of user data through advertising campaigns and landing pages.
Where Services involve the use of Meta (Facebook) APIs, Property Lead complies with Meta's Platform Terms and does not sell, licence, or transfer platform data to third parties.
12. Communication
All communications between the parties must be sent by email. All changes and variations to any agreement must be documented and agreed through email. Each party will communicate in a clear, honest, and transparent manner.
13. General
- Governing Law: These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
- Assignment: The Client may not assign or transfer its rights or obligations without the prior written consent of Property Lead. Property Lead may assign or transfer its rights or obligations without the Client's consent.
- Entire Agreement: These Terms, together with the applicable service agreement, constitute the entire agreement between the parties and supersede all prior communications.
- Amendments: Property Lead reserves the right to update these Terms from time to time. The latest version will always be available on this page.
14. Contact Us
Property Lead (Market Lead Pty Ltd)
12 Clive Road, Hawthorn East, Victoria, Australia 3123
Email: michael@marketlead.com.au
Phone: 0478 936 393