1. Overview

These Terms of Service (“Terms”) govern the provision of digital advertising management services by Market Lead Pty Ltd ABN 52 653 325 387 (“Market Lead”, “we”, “us”, “our”) to you (“the Client”, “you”). By engaging Market Lead to provide services, you agree to be bound by these Terms.

2. Services

Market 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 Market Lead and the Client.
The Services comprise advertising management, recommendations, optimisations, and consultation only. Market Lead does not guarantee, warrant, or represent that any particular outcome, result, or sales target will be achieved. All advice and recommendations provided by Market 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.

3. Engagement and Term

The engagement of Market 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 Market 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, Market 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 Market 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 Market Lead unless entitled to do so under applicable statute.

5. Client Responsibilities

The Client agrees to:
• Provide Market 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 Market Lead for information or approval within 2 business days.
• Complete any recommendations or requests from Market Lead within 5–10 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 Market 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, Market 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. Market Lead will take reasonable steps to resolve such issues but cannot guarantee a successful outcome.
The Client remains liable for all Market Lead fees regardless of any actions taken by a platform operator.

7. Landing Pages and Leads Databases

Where Market Lead creates landing pages or leads databases as part of the Services, these remain the property of Market 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 Market 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 Market Lead.

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 Market Lead.
The Client authorises Market Lead to use the data and results of any campaign as part of any portfolio, case study, or marketing material of Market Lead.

9. Limitation of Liability

To the maximum extent permitted by law, Market 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 Market 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 Market Lead to subcontractors or third parties.
Market 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 Market Lead’s reasonable control.

10. Indemnity

The Client unconditionally and irrevocably indemnifies and holds Market 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

Market Lead collects, uses, and handles personal information in accordance with its Privacy Policy, available on our website. 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, Market 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 Market Lead. Market 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: Market Lead reserves the right to update these Terms from time to time. The latest version will always be available on our website.

14. Contact Us

Market Lead Pty Ltd
12 Clive Road, Hawthorn East, Victoria, Australia 3123
Email: michael@marketlead.com.au
Phone: 0478 936 393