Terms of Service
These Terms of Service ("Terms") govern your use of this website and set out the general basis on which Profit Enterprise Pty Ltd (ABN 25 657 116 455) ("Profit Enterprise", "we", "us") provides marketing and advertising services. Specific engagements are governed by a signed written proposal or services agreement; where that document conflicts with these Terms, the signed document prevails.
1. Who we are and who we serve
Profit Enterprise Pty Ltd is an Australian company with its registered office at 32 Market Street, Wollongong NSW 2500, Australia. We provide marketing and advertising services to business clients (B2B). Our services are not directed at consumers, and nothing on this website constitutes financial, investment, legal or tax advice.
2. Engagements and fees
- All engagements begin with a written proposal stating the scope, deliverables, timeline and fees. No work begins, and no fees are payable, until the proposal is accepted in writing.
- The 8-week program is charged as a fixed fee. Month-to-month services are charged as a flat monthly fee, invoiced in advance.
- Advertising budget paid to Meta, Google or any other platform is separate from our fees and is paid by you directly to the platform. We do not hold or handle client ad spend.
- Invoices are payable within the period stated on the invoice. We may pause work on overdue accounts after written notice.
3. Cancellation and refunds
- Month-to-month engagements may be cancelled by either party with 30 days' written notice. Fees for the notice period remain payable; no further fees accrue after it ends.
- For the 8-week program, cancellation terms and any refund eligibility are set out in the signed proposal. Where work has been performed, fees for that work remain payable.
- Nothing in these Terms excludes rights you may have under the Australian Consumer Law to the extent it applies. Our services come with guarantees that cannot be excluded under that law.
4. Client responsibilities
You are responsible for the accuracy and lawfulness of your own products, offers, claims, landing pages and business practices, for granting us the access needed to perform the work (such as partner access to advertising accounts), and for complying with the terms and advertising policies of the platforms you advertise on.
5. No performance guarantees
We commit to performing the work described in the applicable proposal with due care and skill. We do not guarantee any specific advertising result, level of sales, revenue, profit or return on advertising spend. Advertising outcomes depend on factors outside our control, including your offer, pricing, market conditions, competition and platform changes.
6. Intellectual property
You retain ownership of your advertising accounts, your data and your brand. Creative concepts and assets produced under an engagement are assigned to you once all related invoices are paid. We retain the right to use our general know-how, methods and templates in other engagements.
7. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the engagement, except where disclosure is required by law. This obligation survives the end of an engagement.
8. Liability
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you under that engagement in the three months before the event giving rise to the claim, and we are not liable for indirect or consequential loss, loss of profit or loss of business opportunity. Nothing in this clause limits liability that cannot be limited under Australian law.
9. Third-party platforms
This website and our services are not affiliated with, endorsed by or sponsored by Meta Platforms, Inc. or Google LLC. Facebook and Instagram are trademarks of Meta Platforms, Inc. YouTube and Google Ads are trademarks of Google LLC. Your use of those platforms is governed by their own terms.
10. Governing law
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
11. Contact
Profit Enterprise Pty Ltd
32 Market Street, Wollongong NSW 2500, Australia
support@profitenterprise.com