Policies & Legal Information
Terms of Service
By accessing this website or purchasing our services, you agree to these Terms in full.
Agreement to Terms
By accessing this website, submitting an inquiry, creating an account (if applicable), or purchasing any service, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree, you must not use this website or our services.
These Terms apply to all visitors, users, and clients. Where a separate written agreement exists, that agreement may override specific items here for that client engagement only.
Services, Scope, and Delivery
We provide productized business services including (but not limited to) advertising management, creative production, website design/development, conversion optimization, audits, and automation setup. Your purchase (invoice, proposal, checkout page, or written confirmation) defines the exact scope, deliverables, timelines, and inclusions.
Scope rules:
- Anything not explicitly listed is out of scope and requires a separate fee.
- Revisions are limited to what is included in your package.
- Delivery timelines are estimates and depend on client approvals and access.
- We may use contractors to deliver parts of the work while maintaining responsibility for delivery.
Payments, Billing, and Refund Policy
All services are billed in advance unless otherwise stated in writing. Retainers are billed monthly in advance. You authorize us to issue invoices and, where applicable, to store a payment method via our payment processor.
No Refunds
All sales are final. We do not offer refunds once work has begun, access has been delivered, time has been reserved, or third-party costs have been incurred.
Client Responsibilities and Approvals
You agree to provide accurate information, timely approvals, and all required access needed to perform the services. You are responsible for the legality and accuracy of your products, claims, pricing, policies, and business practices.
Common required access may include:
- Ad accounts (Meta/TikTok/Google), pixels, catalogs, and tracking tools
- Website/CMS access (Shopify/Woo/WordPress), hosting/DNS, analytics
- Brand assets, product info, offers, legal pages, and support contacts
If approvals or access are delayed, timelines shift. We are not responsible for missed launches or performance impacts caused by client delays.
Intellectual Property Rights
All methodologies, systems, templates, processes, scripts, internal documents, and know-how we use or create remain our intellectual property. Upon full payment, you receive ownership of the final deliverables explicitly produced for you (e.g., agreed creative files, website pages, copy) unless otherwise stated.
Third-Party Platforms, Tools, and Ad Spend
Advertising platforms (Meta, TikTok, Google), website providers (Shopify, hosting, payment processors), and software tools are third parties not controlled by us. You are responsible for complying with their terms and policies.
We are not responsible for platform bans, disapprovals, or policy enforcement
We do not control auction pricing, CPMs, or platform algorithm changes
Ad spend, subscriptions, apps, and tools are paid by the client unless stated otherwise
Tracking accuracy may vary due to cookies, iOS restrictions, attribution windows, and user privacy settings
Disclaimers (No Guarantees)
Your use of our services is at your sole risk. All services are provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied.
We do not guarantee:
- Revenue, profit, sales volume, ROAS, lead volume, or conversion rates
- Specific ad approvals, account stability, or uninterrupted delivery
- That strategies will outperform your past results or competitors
- That any errors or delays will be corrected immediately
Marketing performance depends on factors outside our control including product-market fit, offer strength, pricing, site speed, fulfillment, customer service, seasonality, competition, and platform conditions.
Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or reputational harm.
Our total liability for any claim is limited to the amount you paid us for the specific service giving rise to the claim during the three (3) months immediately prior to the event, or the minimum amount permitted by law—whichever is lower.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your products, services, pricing, guarantees, or customer disputes
- Your marketing claims and compliance obligations (consumer law, privacy, etc.)
- Your violation of any third-party platform terms or policies
- Your use of deliverables in a way that causes legal or regulatory issues
Termination, Pauses, and Suspension
Either party may terminate services with written notice. We may suspend or terminate access immediately if you breach these Terms, fail to pay, or engage in abusive or unlawful behavior.
Important
All payments are non-refundable. Termination does not relieve you of payment obligations for work completed, time reserved, or third-party costs incurred.
Governing Law and Disputes
These Terms are governed by the laws of Australia, without regard to conflict of law principles. You agree to attempt good-faith resolution before initiating any formal dispute.
Privacy and Data
We may collect and process limited personal information to provide services and communicate with you. Where applicable, you agree that we may store contact details, invoices, and communications for operational and legal purposes.
You are responsible for ensuring your business complies with privacy laws (including consent for email/SMS marketing, cookie notices, and customer data handling).
Confidentiality
Each party agrees to keep non-public business information confidential, including pricing, strategies, access credentials, and performance data. This does not apply to information that becomes public through no fault of the receiving party.
Prohibited Use
You may not use our website or services to engage in unlawful conduct, misrepresentation, spam, harassment, or any activity that violates third-party platform terms. You may not copy, scrape, reproduce, or exploit our content or systems without written permission.
Changes to Terms
We reserve the right to update these Terms at any time. Changes are effective upon posting on this page unless otherwise stated. Your continued use of the website or services after changes are posted constitutes acceptance.
If you do not agree to updated terms, you must stop using the website and services.
Contact
For questions about these Terms, contact us via the contact form on this website or by email at zac@makeitscale.com.au.
Have Questions?
If you need clarification on any of these terms, contact our support team.