These Terms and Conditions govern the provision of digital advertising and consulting services by Impact Automotive Pty Ltd (ABN [insert ABN]) trading as Myles Harris (“Consultant”, “we”, “our”, “us”).
By engaging our services, you (“Client”, “you”) agree to these Terms and Conditions.
1. Services
The Consultant provides digital marketing consulting and advertising services which may include, but are not limited to:
- Paid media strategy and consulting
- Meta (Facebook and Instagram) advertising campaign management
- LinkedIn advertising campaign management
- Campaign strategy, optimisation and reporting
- Advertising account setup and configuration
- Tracking, pixel and conversion event setup
- Marketing technology and CRM integrations
- Strategic advisory services relating to digital advertising and marketing performance
Specific deliverables, timelines and scope will be agreed separately between the Consultant and Client.
2. Nature of Services
The Consultant provides strategic advice, technical implementation, and campaign management services. Advertising outcomes depend on a range of external factors including market conditions, competition, advertising budgets, creative assets, and platform algorithms.
No guarantee is provided regarding advertising performance, lead volume, revenue outcomes, or return on advertising spend.
3. Client Responsibilities
The Client agrees to provide reasonable cooperation and access necessary for the Consultant to perform services. This may include:
- Access to advertising accounts
- Access to websites and landing pages
- Access to CRM or marketing systems
- Creative assets and brand materials
- Timely approvals and feedback
The Client is responsible for the accuracy of information provided and for ensuring that marketing claims, offers, and website content comply with applicable laws and regulations.
4. Advertising Platform Disclaimer
Advertising platforms including but not limited to Meta, LinkedIn, Google, and TikTok operate independently of the Consultant.
The Consultant has no control over:
- Platform algorithms or delivery systems
- Ad review processes or policy enforcement
- Account suspensions or restrictions
- Platform outages or technical failures
- Changes to advertising policies or platform functionality
As a result, the Consultant cannot guarantee campaign delivery, advertising reach, cost-per-result, lead volumes, or return on advertising spend.
5. Tracking and Data Integrations
The Consultant may assist with implementation of tracking technologies including advertising pixels, conversion events, analytics tools, CRM integrations, and third-party automation systems.
The Consultant is not responsible for:
- Data discrepancies between platforms
- Attribution differences between reporting systems
- Changes to privacy regulations or platform tracking limitations
- Errors caused by third-party software or integrations
- Changes made to the Client’s systems after implementation
Advertising performance and reporting accuracy may be affected by privacy changes, browser restrictions, platform attribution models, and system integrations.
6. Fees and Payment
Fees for services will be agreed between the Consultant and Client in writing.
Unless otherwise agreed:
- Fees are invoiced monthly in advance
- Payment terms are 7 days from invoice date
- Services may be suspended if payment is overdue
All fees are exclusive of GST unless otherwise stated.
7. Advertising Spend
All advertising spend is paid directly by the Client to the relevant advertising platform.
The Consultant does not hold or manage Client advertising funds unless specifically agreed in writing.
The Client is solely responsible for advertising budgets, platform billing, and payment of advertising costs.
8. Intellectual Property
The Client retains ownership of their advertising accounts, brand assets, and marketing materials.
The Consultant retains ownership of methodologies, frameworks, strategies, and processes developed in the course of providing services.
Unless otherwise agreed, the Consultant may reference the Client’s brand in case studies or portfolio materials.
9. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement.
This obligation continues after the termination of services.
10. Limitation of Liability
To the maximum extent permitted by law, the Consultant’s total liability arising from services provided shall be limited to the total fees paid by the Client to the Consultant in the three months preceding the claim.
The Consultant is not liable for:
- Loss of profits or revenue
- Loss of data
- Business interruption
- Indirect or consequential losses
11. Termination
Either party may terminate services by providing 30 days written notice.
The Consultant may terminate services immediately if:
- Invoices remain unpaid
- The Client breaches these Terms
- The Client engages in unlawful or unethical advertising practices
12. Governing Law
These Terms and Conditions are governed by the laws of Victoria, Australia.
Any disputes arising from services will be subject to the jurisdiction of the courts of Victoria.
13. Updates to Terms
The Consultant may update these Terms and Conditions from time to time. Updated versions will be published on this website.
Continued engagement of services constitutes acceptance of the updated Terms.