Terms and Conditions for Advertising Services
Clear, fair terms and conditions that protect your interests while ensuring exceptional advertising service delivery and professional partnership.
Welcome to AdMax Australia. These comprehensive Terms and Conditions govern the provision of all advertising agency services by AdMax Australia to our clients. By engaging with our services, you agree to be bound by these terms. Our aim is to foster a transparent and professional partnership, ensuring clarity and mutual understanding throughout our collaboration.
This document outlines the scope of our services, expectations for both parties, billing practices, intellectual property rights, and procedures for dispute resolution. AdMax Australia operates under and complies with the laws of Australia, and any legal matters arising from these terms will be subject to Australian jurisdiction.
Effective Date and Updates
These Terms and Conditions are effective as of October 26, 2023. AdMax Australia reserves the right to update or modify these terms at any time. Any changes will be posted on this page, and clients will be notified directly of significant revisions, ensuring ongoing legal compliance and transparency. Continued use of our services after such modifications constitutes acceptance of the new terms.
Service Agreement Framework
Each service engagement will be governed by a specific Service Agreement, Statement of Work (SOW), or Proposal, which will detail the exact services, deliverables, timelines, and costs. These individual agreements will be subject to and incorporate by reference these overarching Terms and Conditions, establishing a robust framework for our professional partnership.
Jurisdiction and Contact Information
These Terms and Conditions are governed by the laws of Australia. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Australia. For any clarifications or legal questions regarding these terms, please contact us at info@admaxaustralia.com.au.
Advertising Service Delivery and Performance Standards
We commit to transparent processes and high-quality outcomes throughout your campaign's lifecycle.
Campaign Development Timelines
AdMax Australia will provide clear timelines and delivery milestones for each campaign as outlined in the Service Agreement or SOW. We strive for efficient and timely execution, and any potential delays will be communicated proactively, along with revised schedules.
- Initial Consultation & Strategy: 1-2 weeks
- Creative Development & Approval: 2-4 weeks (depending on complexity)
- Media Booking & Placement: 1-3 weeks (varies by channel)
- Campaign Launch: Agreed upon date
Creative Approval Processes
All creative materials, including concepts, designs, copy, and media plans, require client approval before deployment. We facilitate a clear feedback loop to ensure your vision is realized. Client revisions should be submitted within agreed-upon timeframes to avoid project delays.
Media Placement Guarantees
While AdMax Australia makes every effort to secure prime media placements as agreed, specific availability can fluctuate. We guarantee placement within the contracted media types and audience parameters, providing confirmation and proof of placement upon request.
Performance Reporting and Optimization
We are committed to data-driven results. Detailed performance reports will be provided at agreed intervals (e.g., weekly, monthly), outlining key metrics and insights. Our team will continuously monitor campaigns and propose optimization strategies to maximize effectiveness.
Service Quality Standards
AdMax Australia is dedicated to upholding the highest standards of professionalism and service quality. We aim for complete client satisfaction, and any concerns regarding service delivery should be promptly brought to our attention for swift resolution.
Billing Practices and Payment Terms
Transparent billing and flexible payment options designed for clarity and convenience.
Payment Schedule Options
AdMax Australia offers various payment schedule options tailored to campaign scope and duration:
- Upfront Payment: For smaller projects or initial retainer fees.
- Milestone Billing: Payments tied to completion of specific project phases.
- Monthly Billing: For ongoing campaigns and retainer clients, invoiced at the beginning or end of each month.
Invoice Terms and Due Dates
Invoices will be issued promptly according to the agreed payment schedule. Payment for all invoices is due within 14 days from the invoice date, unless otherwise stipulated in the Service Agreement. A late payment fee of 2% per month (compounded daily) may be applied to overdue balances.
Campaign Budget Management
We manage your campaign budget with utmost care and transparency. Any expenses exceeding the initially approved budget will require prior written client approval. We will provide regular updates on budget utilization to ensure full visibility.
Refund and Cancellation Policies
Refund policies and campaign cancellation terms are detailed within your Service Agreement. Generally, no refunds are provided for work already commenced or media already booked and paid for. In case of cancellation, prorated billing will apply for services rendered up to the cancellation date, alongside any non-cancellable third-party costs.
Disputed Billing Resolution
Should you dispute any charges, please notify AdMax Australia in writing within 7 days of receiving the invoice, providing clear reasons for the dispute. We commit to a prompt and fair resolution process to address any discrepancies.
Intellectual Property and Creative Ownership
Ensuring clarity on who owns the brilliant ideas that drive your campaigns.
Creative Work Ownership and Usage Rights
Upon full payment for services rendered, and unless otherwise specified in the Service Agreement, copyright ownership of finalized creative work (e.g., ad copy, designs, visual assets created specifically for your campaign) will transfer to the client. AdMax Australia retains the right to use such work for portfolio and promotional purposes.
Client Trademark and Brand Usage
Clients grant AdMax Australia a non-exclusive, royalty-free license to use their trademarks, logos, and brand assets solely for the purpose of executing the agreed-upon advertising campaigns. We commit to adhering strictly to client brand guidelines.
Third-Party Content Licensing
Where third-party content (e.g., stock photography, music, video clips) is used in campaigns, AdMax Australia will ensure proper licensing and usage rights are secured. Clients are advised that specific terms of these third-party licenses may apply to their future use of such content.
Campaign Material Modification and Reuse
Once creative work ownership is transferred, clients are generally free to modify and reuse the materials. However, if AdMax Australia's original attribution is required or if new uses fall outside initial scope, consultation is recommended to ensure compliance and best practices.
Liability Limitations and Risk Management
Defining boundaries and protecting both parties with clear liability frameworks.
Service Liability Limitations
AdMax Australia performs its services with reasonable care and skill. Our liability for any loss or damage arising from our services is limited to the total fees paid by the client for the specific services giving rise to the claim in the preceding six months. We are not liable for indirect, incidental, or consequential damages.
Campaign Performance Disclaimers
While AdMax Australia utilizes proven strategies and expertise, we cannot guarantee specific results or outcomes, such as sales increases or ROI, due to the dynamic nature of market conditions, audience response, and third-party media platforms. Our commitment is to strategic planning and optimal execution based on agreed objectives.
Force Majeure Provisions
AdMax Australia shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, utility failures, or governmental actions (Force Majeure events).
Insurance Coverage and Risk Protection
AdMax Australia maintains appropriate professional indemnity and public liability insurance coverage. Clients are encouraged to hold their own insurance relevant to their business operations and specific campaign activities.
Indemnification Provisions
The client agrees to indemnify and hold harmless AdMax Australia from any claims, damages, liabilities, or expenses arising from client-provided materials (e.g., copyright infringement, defamation) or client's breach of these terms. AdMax Australia agrees to indemnify the client for claims arising directly from our gross negligence or willful misconduct in service delivery.
Service Termination and Cancellation Policies
Outlining the procedures for ending our partnership with clear timelines and obligations.
Campaign Cancellation Procedures
Clients wishing to cancel an advertising campaign must provide written notice as specified in their Service Agreement. Different service types may have specific notice periods (e.g., 30 days for ongoing monthly retainers, immediate for project-based work post-delivery). Cancellation doesn't negate payment for work already completed or non-refundable media commitments.
Contract Termination Terms
Either party may terminate the Service Agreement for material breach if the breach is not remedied within 14 days of written notice. AdMax Australia may also terminate services immediately if a client's account is significantly overdue or client conduct is deemed detrimental to our business or reputation. Specific termination clauses will be in your Service Agreement.
Completed Work Ownership Upon Termination
Upon valid termination and full payment of all outstanding invoices, any completed creative work and transferable assets developed by AdMax Australia specifically for the client's campaign, for which the client has paid, will be transferred to the client. Unapproved concepts or works in progress are not transferable unless otherwise agreed.
Final Billing Reconciliation
Following termination, AdMax Australia will issue a final invoice to reconcile any outstanding balances, including fees for services rendered up to the effective termination date, any non-cancellable third-party costs, and applicable cancellation fees as per the Service Agreement. This invoice will be due within 14 days.
Post-Termination Obligations and Confidentiality
Certain obligations, such as confidentiality regarding proprietary information and intellectual property rights, will survive the termination of the Service Agreement. Both parties agree to continue protecting sensitive information indefinitely after the conclusion of services.
Have questions about our terms and conditions before starting your advertising campaign?
Contact Us for Clarification