Terms of Service

Effective [date] ยท Last updated [date]

These terms

These terms govern your use of this website and, where we have not signed a separate agreement with you, the services provided by SHARP Marketing Group Pty Ltd (ABN [ABN]), referred to here as Sharp, we or us.

If we have signed a separate services agreement or proposal with you, that document prevails over these terms wherever the two conflict.

Using this website

You may use this site to learn about our services and to contact us. You must not attempt to interfere with the site, gain unauthorised access to it, or use it for anything unlawful.

The dashboard demo at /dashboard/ is an illustration. Every figure in it is sample data for a fictional business. It is not a real client's account and does not represent results you should expect.

Our services

Depending on what you engage us for, we may provide:

  • Google Ads and Meta Ads campaign build, management and optimisation;
  • websites and landing pages built for lead conversion;
  • automated SMS, email and chat response to enquiries;
  • CRM setup and lead pipeline tracking;
  • reporting and a live performance dashboard.

The specific services, deliverables and fees for your engagement are set out in your proposal or statement of work.

Term and cancellation

Engagements run month to month. There is no minimum term and no lock-in contract.

Either party may end the engagement by giving [notice period, e.g. 30 days] written notice. On termination you remain liable for fees for services already provided and for advertising spend already committed.

We may suspend or end the engagement immediately if fees remain unpaid after [period], or if continuing would require us to breach a platform policy or the law.

Fees and advertising spend

Our management fee and your advertising budget are separate amounts. The budget is paid to Google, Meta or another platform for media, and is not revenue to us. It is billed to your own payment method on your own platform accounts unless agreed otherwise.

Fees are payable [billing terms: amount, frequency, payment window]. All amounts are in Australian dollars and [include / exclude] GST.

Your responsibilities

To do our job we need you to:

  • give us and maintain the access we need to your advertising accounts, website, analytics and CRM;
  • ensure information you give us about your business, licences, services and service areas is accurate and current;
  • hold and maintain any trade licences, registrations and insurances your advertising claims or implies;
  • respond to leads. Automated follow-up starts the conversation; it does not replace you calling people back;
  • make sure you have a lawful basis to contact the people who enquire, including consent and a working unsubscribe where required by the Spam Act 2003 (Cth).

You are responsible for the accuracy of claims made in advertising about your own business. We will not knowingly publish a claim we believe is misleading.

Ownership

You own your assets. On full payment of amounts owing, you own or retain ownership of:

  • your domain names;
  • the website and landing pages we build for you, including their code;
  • your advertising accounts and their history;
  • your customer, lead and CRM data;
  • creative assets we produce specifically for you.

We will not hold these hostage. If the engagement ends, we will hand over access and remove ourselves from your accounts on request.

We retain ownership of our own tooling, internal processes, templates, reporting dashboard software and anything we developed before or outside your engagement. Where any of that is embedded in what we deliver, you have a perpetual, non-exclusive licence to keep using it as part of that deliverable.

Third-party platforms

Our services depend on platforms we do not control, including Google, Meta, Microsoft and your hosting, CRM and messaging providers. Your use of those platforms is governed by their own terms and policies.

Those platforms can change their rules, pricing, algorithms or account eligibility without notice, and can suspend accounts. We are not responsible for their decisions, outages or policy changes, though we will help you respond to them.

Results

We do not guarantee specific results. Advertising performance depends on your market, pricing, competition, seasonality, capacity, how fast you respond to leads, and how those leads are handled once they reach you. Many of these are outside our control.

Any figures shown on this website, in a proposal or in a case study describe past performance for particular businesses in particular conditions. They are not a promise, projection or guarantee of what your business will achieve.

Confidentiality

Each party will keep the other's confidential information confidential and use it only for the engagement. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.

We may describe the general nature of our work for you in case studies or marketing only with your prior written consent.

Privacy

How we handle personal information is set out in our Privacy Policy, which forms part of these terms.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right or remedy you have under a law that cannot lawfully be excluded.

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

Liability

Subject to the section above, and to the extent permitted by law:

  • neither party is liable for indirect or consequential loss, including loss of profits, revenue, goodwill or anticipated savings;
  • our total liability arising out of the engagement in any 12 month period is limited to the management fees you paid us in that period, excluding advertising spend;
  • we are not liable for loss caused by your failure to meet your responsibilities in section 6, or by a third-party platform's act or omission.

Changes to these terms

We may update these terms. The current version is always at this address, with the effective date at the top. If you have an ongoing engagement, we will give you reasonable notice of material changes, and they will take effect from your next billing period.

Governing law

These terms are governed by the laws of [State or Territory], Australia. Both parties submit to the non-exclusive jurisdiction of the courts of that place.

Contact us

Email: [hello@yourdomain]
Phone: [phone]
Post: [registered address]