These Terms of Service ("Agreement") govern the provision of digital marketing services by No BS Media (ABN: 40 271 593 890), located in Melton, Victoria ("we," "us," "our"), to the client ("you," "your"). By engaging our services, you agree to the terms outlined below. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements.
Services: Digital marketing services provided by us, including but not limited to Google Ads, Facebook/Instagram Ads, SEO, Social Media Management, Website Development, and Content Creation.
Client Content: Any materials, data, images, or other intellectual property provided by the client for the purposes of executing the services.
Campaign: Any advertising or marketing initiative run on behalf of the client.
Deliverables: Any content, reports, strategies, or data we produce as part of the services.
2.1. Service Agreement: The specific services provided will be detailed in a separate proposal or contract. This Agreement governs all services provided under that contract. 2.2. Modifications: Any changes to the scope of work, services, or project requirements must be agreed upon in writing and may result in additional costs.
3.1. Provision of Materials: You agree to provide all necessary content, data, and access (e.g., website login, social media accounts, ad platforms) to enable us to carry out the services. 3.2. Intellectual Property: You must ensure that all materials and content you provide to us do not infringe any third-party intellectual property rights. You retain ownership of all content and materials you provide. 3.3. Approval: You are responsible for reviewing and approving all content, ads, and strategies before they go live.
4.1. Performance of Services: We will provide the services outlined in the agreement to the best of our abilities, using reasonable skill and care. However, we do not guarantee specific results (e.g., a set number of leads, sales, or conversions).
4.2. Third-Party Platforms: We may use third-party platforms (e.g., Google Ads, Facebook) to deliver services. We are not responsible for changes or interruptions to these platforms. 4.3. Compliance: We will comply with relevant advertising regulations and platform policies (e.g., Google Ads and Facebook Ads policies).
5.1. Fees: All fees for services will be detailed in a proposal or invoice. Fees do not include GST unless explicitly stated.
5.2. Payment Schedule: Payment terms will be outlined in the invoice. Typically, payment is due monthly in advance for ongoing services, unless otherwise agreed.
5.3. Late Payments: Failure to pay by the due date will result in service suspension and may incur a 10% per annum interest charge. Services will only resume once the outstanding balance is paid.
5.4. Refunds: No refunds will be provided for services already rendered, including any prepaid services.
6.1. No Guarantees: While we strive for excellent results, we do not guarantee any specific outcomes (e.g., ROI, leads, sales) due to the nature of digital marketing.
6.2. Platform Changes: Performance may be affected by third-party platform changes (e.g., algorithm updates, policy changes). We are not liable for any reduction in performance caused by these factors.
6.3. Data Reporting: We will provide regular reports as agreed. All metrics, KPIs, and performance data provided by third-party platforms are considered accurate unless disputed by you within seven (7) days of receipt.
7.1. Termination by Client: You may terminate the services by providing 30 days’ written notice. If you terminate within a prepaid period, no refund will be given.
7.2. Termination by Us: We reserve the right to terminate services if you fail to meet your obligations, including failure to pay invoices.
7.3. Force Majeure: We will not be held responsible for delays or failure to perform due to circumstances beyond our control, including natural disasters, strikes, and platform outages.
8.1. Ownership: All CRM systems, landing pages, apps, graphics, and other creative assets developed by No BS Media remain our exclusive property. If the client cancels the service, these assets will no longer be available for use unless otherwise agreed.
8.2. CRM Subscription: If the client wishes to continue using the CRM system after canceling our services, a subscription fee of $99.00 per month will apply.
8.3. SMS and Email Costs: After the free promotional period, all SMS and email costs incurred through the CRM system will be the client’s responsibility.
8.4 Client Intellectual Property (Client IP): All intellectual property provided by the client remains their property. By providing these materials, the client grants No BS Media a non-exclusive license to use them for delivering the agreed-upon services.
8.5 Platform Accounts: The client retains ownership of any accounts used to run campaigns (e.g., Google Ads, Facebook). Upon termination of services, the client will retain access to these accounts.
8.6. Protection of Proprietary Methods and Processes: All methods, processes, systems, strategies, and unique approaches used by No BS Media in the delivery of its services — including but not limited to workflows, campaign strategies, ad targeting methods, data analysis techniques, and optimization frameworks — are considered proprietary intellectual property of No BS Media. Clients are strictly prohibited from copying, sharing, disclosing, or using these methods for their own purposes or with third parties without the explicit written consent of No BS Media. Any breach of this clause will result in immediate termination of the agreement and may also result in further legal action, including claims for damages and injunctive relief.
9.1. Limitation of Liability: To the fullest extent permitted by law, No BS Media shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to the services provided. In any event, our total liability to you for any claim, loss, or damages shall be limited to an amount not exceeding one month’s service fees paid by you to us.
9.2. No Warranty: We do not guarantee specific results from our services (e.g., leads, sales, or conversions). All services are provided on an "as is" basis, and we make no warranties, express or implied, including but not limited to the fitness of the service for a particular purpose or merchantability.
9.3. Indemnification: You agree to indemnify and hold No BS Media, its employees, agents, and subcontractors harmless from any claims, damages, losses, or expenses, including legal fees, arising out of:
Your use of the services,
Your breach of this Agreement,
Any violation of third-party rights, including but not limited to intellectual property rights, as a result of content you provide or actions you take.
9.4. Third-Party Platforms: We are not liable for any disruptions, changes, or issues caused by third-party platforms (e.g., Google Ads, Facebook) that affect the performance of your campaigns.
10.1. Confidential Information: Both parties agree to keep all confidential information shared during the course of this Agreement private. This includes business strategies, financial information, and proprietary data.
10.2. Non-Disclosure: Neither party will disclose confidential information to any third parties without prior written consent, except as required by law.
11.1. Good Faith Resolution: In the event of a dispute, both parties agree to first attempt to resolve the issue in good faith through informal discussions. 11.2. Arbitration: If the dispute cannot be resolved, either party may refer the dispute to arbitration in accordance with the laws of Victoria, Australia.
This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria for any disputes arising under this Agreement.
We reserve the right to modify these Terms of Service at any time. Any changes will be communicated to you in writing or by electronic means. Your continued use of the services after such changes constitutes acceptance of the new terms.
If the services provided by No BS Media include a free promotional period, the following terms apply:
14.1. Duration and Scope: The free promotional period will be specified in the initial proposal or agreement. During this period, the client will receive the agreed-upon services at no cost.
14.2. Notification of End of Promotional Period: No later than seven (7) days before the promotional period ends, No BS Media will notify the client via email or other written communication that the free period is coming to an end. The notification will include the date on which the standard service fees will begin to apply.
14.3. Continuation of Services After the Promotional Period:
If the client wishes to continue receiving services after the promotional period, the standard service fees outlined in the proposal will apply.
The client must confirm their intent to continue services and provide full payment of the standard service fees before the end of the promotional period to avoid any disruption in service.
If payment is not received before the promotional period ends, No BS Media reserves the right to suspend services until payment is made in full.
14.4. SMS and Email Costs: After the free promotional period, all SMS and email costs incurred through the CRM system will be the client’s responsibility.
14.5. Video Testimonial: After the first month of the promotional period, if the client is satisfied with the results we are generating, No BS Media requests a video testimonial in return.
14.6. Ad Spend: Ad spend is not included as part of the promotional period. No BS Media recommends a minimum ad spend of $500 per week for optimal campaign performance.
14.6. Service Availability: No BS Media reserves the right to offer our services to other similar businesses in the same area at our discretion, even if they operate in the same industry.
14.7. Pricing Adjustments: No BS Media retains the right to adjust pricing over time based on industry standards, market conditions, or changes in the scope of services provided. Any pricing changes will be communicated in advance.
*This service is only available to businesses enrolled in the specific call qualifying or appointment setting offer and is not included in our standard $1500 ad management fee.*
No BS Media guarantees 20 qualified leads within 30 days for businesses meeting the minimum eligibility criteria (e.g., earning over $45K per month). We will call, qualify, and book appointments directly into your calendar.
Calls to leads will be made between 9 AM - 5 PM, Monday to Friday, based on your business’s time zone.
Leads will be contacted within 30 minutes of submission.
Our team will professionally represent your business when communicating with leads.
Leads will be price-qualified based on the industry average for your services (e.g., starting from $X).
If we cannot reach a lead, we will call three times on the same day, attempt again the next day, and then move them to a "No Answer" list.
Leads will also receive SMS and email follow-ups requesting them to return the call.
Our appointment setters are fluent in English and have a basic understanding of your industry terms. Technical questions will be referred to the business owner.
Appointments will be confirmed one day in advance, with weekend appointments confirmed on Fridays.
Rescheduling requests made by leads over weekends must be handled directly by the business owner.
Access to your calendar will be required to avoid scheduling conflicts, with at least two days set aside for meetings or inspections.
Additional instructions for appointment scheduling will be provided upon agreement.
No BS Media operates Monday to Friday, 9 AM - 5 PM. Weekend support is not included.
If we are only qualifying leads, their details will be emailed to you upon qualification.
You must contact qualified leads within 30 minutes of receiving their information and log outreach efforts in the provided CRM system.
There will be an initial learning period during which our team will familiarize themselves with your business and services to ensure optimal results.
Provide access to an updated calendar for scheduling.
Handle lead rescheduling requests, especially over weekends.
Use the CRM system to log all lead interactions, including calls and follow-ups, within the agreed timeframe.
Share feedback to help improve lead handling and qualification processes.
No BS Media guarantees lead generation but does not guarantee conversion to sales.
Delayed responses to leads or failure to use the CRM system as required will void the lead guarantee.
If the business owner does not provide the necessary support or maintain open availability for appointments, the lead guarantee may not apply.
By proceeding with this offer, you agree to the terms outlined above. Further details will be finalized before the campaign launch.