Paid Media Plus Pty Ltd (ABN 93 678 070 267) (“Agency”, “we”, “us”)
Last updated: 15 July 2026
1.1 This Service Agreement (“Agreement”) governs the provision of paid media, advertising management, consultancy, and related digital marketing services (“Services”) provided by Paid Media Plus Pty Ltd (“Agency”) to the individual or entity engaging the Agency (“Client”).
1.2 The Client accepts this Agreement by any of the following: ticking the acceptance box on the Agency's onboarding form, instructing the Agency to commence work, paying any invoice, or providing account access. Whichever occurs first is the date of acceptance.
1.3 If the person accepting does so on behalf of a company or other entity, they warrant that they are authorised to bind that entity.
2.1 The Agency provides strategy, setup, management, optimisation, and reporting for paid media campaigns across (without limitation): Google Ads, Meta Ads, Instagram, LinkedIn Ads, Bing Ads, TikTok Ads, YouTube Ads, ChatGPT Ads, Dianomi, Taboola, and any additional platforms agreed in writing.
2.2 The Agency may provide advice regarding funnels, landing pages, analytics, CRO, or related marketing processes. Such advice is marketing advice only and does not constitute business, financial, or legal advice.
2.3 Specific deliverables, campaign goals, timelines, and workflow requirements may be confirmed in writing between the parties (including by email), and once confirmed form part of this Agreement.
3.1 Month-to-month, no lock-in. Unless otherwise agreed in writing, the Services are provided on a rolling monthly retainer. There is no fixed term and no lock-in contract: the engagement simply continues month to month until ended under clause 12.
3.2 What the retainer covers. The monthly retainer fee covers the ongoing strategy, campaign management, optimisation, and reporting for the platforms and scope agreed at engagement (or as varied in writing). It is a fee for the Agency's professional services and senior attention across the month, not a bank of hours; time and effort are allocated across the month as the account requires.
3.3 What the retainer does not cover. The retainer excludes advertising spend (which the Client always funds directly, per clause 6), third-party costs (such as software licences, stock assets, or landing page platforms), and work materially outside the agreed scope. Out-of-scope work will be quoted and agreed in writing before it is undertaken.
3.4 Billing cycle. The retainer is invoiced monthly in advance. The first invoice is issued on engagement, and each subsequent invoice on or around the same date each month. Where an engagement starts or ends part-way through a billing month, fees may be pro-rated at the Agency's reasonable discretion.
3.5 No rollover. Because the retainer is a monthly service fee rather than a block of hours, unused capacity does not roll over or accrue between months, and no credit or refund applies for months in which the Client requires less activity.
3.6 Pausing. The Client may request that Services be paused. A pause and its terms (including any reduced holding fee) must be agreed in writing; the Agency cannot guarantee that campaign performance, learnings, or auction position will be preserved during a pause.
3.7 Fee changes. The Agency may vary the retainer fee by giving at least 30 days' written notice. If the Client does not accept the new fee, the Client may terminate under clause 12 before the new fee takes effect, and the existing fee applies until termination.
The Client agrees to:
5.1 Fees may include: the monthly retainer fee (clause 3), setup fees, creative or technical work fees, and any additional services agreed in writing.
5.2 Payment terms:
5.3 All fees are exclusive of GST unless expressly stated otherwise. GST will be added to invoices where applicable.
5.4 If an invoice remains unpaid more than 14 days after its due date, the Agency may suspend the Services on 3 business days' written notice until payment is received. Suspension does not relieve the Client of the obligation to pay fees for the suspension period, and the Agency is not responsible for any deterioration in campaign performance during suspension.
5.5 Fees for Services already performed are non-refundable, except as required by law (including the Australian Consumer Law) or as expressly agreed in writing.
6.1 The Client funds all advertising campaigns directly, either through a credit card, invoicing arrangement, or prepaid balance held with the relevant platform.
6.2 The Agency will manage campaigns within the budgets the Client approves. Subject to clause 9, the Agency is not responsible for:
6.3 The Client must maintain sufficient payment methods and billing settings for uninterrupted campaigns.
7.1 The Client acknowledges that advertising results are influenced by numerous factors including competition, website performance, product-market fit, economic conditions, platform algorithms, and the Client's internal sales processes.
7.2 The Agency does not guarantee any particular results, including but not limited to: sales or revenue; leads, enquiries, or conversions; ROAS or CPA targets; rankings, traffic, or profitability; or lead quality or quantity.
7.3 Any statements regarding expected results (including projections, benchmarks, or historical performance of other accounts) are good-faith estimates and opinions only, not guarantees. This clause does not limit the consumer guarantees described in clause 8.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Client by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”) or any other applicable law that cannot lawfully be excluded, restricted, or modified.
8.1 Where the Client acquires the Services as a “consumer” within the meaning of the ACL, the Services come with guarantees that cannot be excluded, including that they will be provided with due care and skill, be fit for any disclosed purpose, and be supplied within a reasonable time.
8.2 Where the ACL permits the Agency to limit its liability for a failure to comply with a consumer guarantee, the Agency's liability is limited, at the Agency's option, to supplying the Services again or paying the cost of having the Services supplied again.
Subject to clause 8 and to the fullest extent permitted by law:
Nothing in this clause limits the Agency's liability for fraud, wilful misconduct, or any liability that cannot be limited by law.
The Client acknowledges that: advertising inherently involves risk and uncertainty; past performance does not guarantee future outcomes; external factors may negatively impact results despite best efforts; and the Agency is not responsible for the Client's sales processes, website performance, pricing, operations, or business decisions.
The Client indemnifies the Agency against claims, losses, damages, liabilities, costs, and expenses arising from:
This indemnity is reduced proportionately to the extent that the relevant loss was caused or contributed to by the Agency's negligence, breach of this Agreement, or unlawful act or omission.
10.1 The Client's ad accounts, pixels, audiences, conversion data, and campaign history remain the property of the Client at all times. On termination, the Agency will relinquish its access and the Client retains everything built inside the Client's accounts.
10.2 Materials created by the Agency outside the Client's ad accounts (such as creative assets, copy decks, and strategy documents) remain the property of the Agency until all related fees are paid in full, at which point ownership transfers to the Client, excluding third-party tools, licensed content, and the Agency's pre-existing or proprietary methodologies, templates, and know-how.
10.3 The Client grants the Agency a licence to use the Client's brand assets and materials as reasonably required to perform the Services during the engagement.
11.1 Each party agrees to keep the other party's confidential information confidential, and to use it only for the purposes of this Agreement, except where disclosure is required by law.
11.2 The Agency handles personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy.
11.3 The Agency may use aggregated, non-identifiable performance data for marketing, benchmarking, or case study purposes. The Agency will not name the Client publicly (including in case studies or client lists) without the Client's prior consent.
12.1 Either party may terminate this Agreement at any time by giving 30 days' written notice (email is sufficient). There are no termination or exit fees.
12.2 Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent, enters administration, or ceases to trade.
12.3 On termination: the Client must pay all fees for Services performed up to the termination date (including the pro-rated retainer for any partial final month); the Agency will hand over reasonable account documentation and remove its access; and clauses 8, 9, 10, 11, 15, and 16 survive termination.
13.1 Every engagement is led by a senior specialist, and the Agency may use employees and subcontractors to assist in delivering the Services. The Agency remains responsible for the acts and omissions of its personnel and subcontractors as if they were its own.
13.2 During the engagement and for 6 months afterwards, neither party will solicit for employment any employee or contractor of the other who was materially involved in the Services, without the other party's consent.
Neither party is liable for delay or failure to perform (other than an obligation to pay money) caused by events beyond its reasonable control, including platform-wide outages, natural disasters, epidemics, war, or government action, provided the affected party notifies the other and resumes performance as soon as reasonably practicable.
15.1 The parties agree to attempt to resolve any dispute by good-faith negotiation between senior representatives first.
15.2 If unresolved within 21 days, the dispute will be referred to mediation in New South Wales (administered by a recognised mediation body agreed between the parties) before either party commences legal proceedings, except where urgent injunctive relief is sought.
16.1 Governing law. This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
16.2 Variation. The Agency may update this Agreement by giving the Client at least 30 days' written notice. If a change materially disadvantages the Client, the Client may terminate under clause 12 before the change takes effect. Otherwise, variations must be agreed in writing.
16.3 Assignment. Neither party may assign this Agreement without the other's consent, not to be unreasonably withheld, except that the Agency may assign to a related body corporate or in connection with a sale of its business.
16.4 Severability. If any provision of this Agreement is void, unenforceable, or unfair within the meaning of the ACL, it is severed or read down to the minimum extent necessary, and the remainder of the Agreement continues in force.
16.5 Notices. Notices may be given by email: to the Agency at jeremy@paidmediaplus.com.au, and to the Client at the email address provided at onboarding.
16.6 Entire agreement. This Agreement, together with any scope confirmed in writing under clause 2.3, constitutes the full understanding between the parties and overrides any prior proposals, discussions, or representations, except that nothing in this clause excludes liability for misleading or deceptive conduct under the ACL.