Terms and Conditions

Terms and Conditions – Digital Advertising & Lead Generation Services

Last updated: 08/08/2025

These Terms and Conditions ("Agreement") govern the provision of digital marketing and lead generation services ("Services") by Genesys Digital PTY LTD ("We," "Us," or "Our") to the client ("You" or "Client").

1. Scope of Services

1.1 We provide digital advertising and lead generation services, including but not limited to Meta (Facebook and Instagram) advertising, strategy development, ad creative, campaign setup, management, and reporting.

1.2 Services may include recommendations related to website performance, landing pages, CRMs, or internal workflows. The implementation of such recommendations is your responsibility.

2. Payment Terms

2.1 All service fees are payable upfront, as outlined in your proposal or invoice.

2.2 Payments can be made via direct bank transfer (preferred) or card upon request.

2.3 Our service fees are exclusive of ad spend, which is paid directly to the advertising platforms.

2.4 Failure to make timely payments may result in a suspension of services until the account is settled.

3. Term & Renewal

3.1 Services may be delivered under flexible month-to-month or fixed-term (e.g., 3-month) agreements as confirmed in writing.

3.2 Unless otherwise stated, agreements will automatically renew on a month-to-month basis unless cancelled with 14 days’ written notice.

3.3 Requests to pause services are treated as cancellations and are subject to the notice and minimum term requirements.

4. Client Responsibilities

4.1 You agree to:

Provide timely access to required assets and accounts.

Maintain sufficient ad budget to support the agreed strategy.

Respond to leads and inquiries promptly and professionally.

4.2 You are solely responsible for ensuring your content and business activities comply with relevant advertising laws and regulations.

4A. Industry Compliance – Cosmetic Clinics

4A.1 Clients in the cosmetic or medical aesthetics industries are responsible for compliance with TGA, AHPRA, and other relevant regulatory bodies.

4A.2 While we may advise on general guidelines, this does not constitute legal or medical compliance advice.

4A.3 Genesys Digital will not be held liable for any breach of advertising or regulatory policies relating to your business.

5. Geo-Exclusivity & Deposits

5.1 We may offer exclusivity within a 10km radius for active clients. We will not engage with competing businesses in the same area while an agreement is in effect.

5.2 A holding deposit (up to 30% of the monthly fee) may be required to secure exclusivity for a period of up to 30 days during onboarding. This deposit is non-refundable.

5.3 If exclusivity is unavailable, you may be placed on a waitlist and notified as space becomes available.

6. Performance Disclaimer

6.1 We do not guarantee specific outcomes such as leads, conversions, or revenue. Advertising performance can be affected by factors outside our control.

6.2 You acknowledge that failure to implement our recommendations or respond to leads may impact results.

7. Facebook (Meta) Advertising Compliance

7.1 When using Meta’s Custom Audiences feature, you confirm that you have obtained valid consent from individuals for their data to be used in compliance with platform policies.

7.2 You indemnify Genesys Digital from any claims arising from your failure to obtain such consent or comply with relevant platform or legal requirements.

8. Refunds & Termination

8.1 We do not offer refunds for change of mind or partially used service periods.

8.2 Either party may terminate this agreement with 14 days’ written notice. Early termination of a fixed-term agreement may result in a requirement to pay the remaining balance, unless otherwise agreed.

8.3 We reserve the right to immediately terminate service access in the event of fraud, abuse, or breach of these Terms.

9. Intellectual Property

9.1 All campaign assets, copy, designs, and strategies remain the property of Genesys Digital until paid in full.

9.2 Once fully paid, you are granted a non-exclusive, non-transferable license to use those materials for your business purposes.

9.3 We may use anonymised results and strategies as part of case studies or marketing materials.

10. Confidentiality

10.1 Both parties agree to maintain confidentiality of sensitive or proprietary information shared during the term of engagement.

11. Indemnity

Except where prohibited by law, you agree to indemnify and hold harmless Genesys Digital PTY LTD, its directors, officers, contractors, and employees from any claims, losses, damages, or liabilities (including legal fees) arising from:

Your use of our services or website

Your breach of this agreement

Any regulatory issues or actions arising from your business operations or advertising materials

Your misuse of customer data or advertising platform tools

12. Limitation of Liability

12.1 Our total liability for any claim shall not exceed the fees paid by you in the 3 months prior to the claim.

12.2 We are not liable for:

Lost profits or business opportunities

Indirect, incidental, or consequential damages

Delays caused by third-party platforms

13. Force Majeure

13.1 Neither party shall be liable for delay or failure to perform obligations due to events beyond their control including, but not limited to, natural disasters, platform outages, or governmental restrictions.

14. Documentation & Service Agreements

14.1 These Terms, together with any signed proposal or email confirmation, constitute the full agreement between the parties. A separate written agreement is available upon request.

15. Governing Law

15.1 This Agreement is governed by the laws of New South Wales (NSW), Australia, and any disputes will be subject to the jurisdiction of its courts.

16. No Financial Advice

16.1 Genesys Digital does not provide legal, financial, or investment advice. Clients should consult professionals before making decisions based on campaign results.

17. Declaration

17.1 By entering into this agreement, you acknowledge that you have read, understood, and agreed to these Terms and Conditions and confirm all information provided is true and accurate.

Contact📧 [email protected] Digital PTY LTD | ABN: 12 683 461 663