Terms and Conditions

It’s important you read this document before you agree to our services.

We are located in Perth, Western Australia. You can reach us at hello@adscamps.com.au or 0488 880 662. Our business details are available on the Australian Business Register at abn.business.gov.au.

In these Terms, the meanings of “Ads Camps”, “we”, “us” and “our” refer to WA Elite Services Pty Ltd trading as Ads Camps Digital Marketing. The meanings of “you” and “your” refer to the party contracting us to perform the Services.

Our agreement

We understand that you accept these Terms and Conditions once you approve one of our proposals or service schedules, pay us for our Services, confirm in writing that you will proceed with the Services or instruct us to perform the Services.

These Terms and Conditions will govern our agreement for all Services offered by us including Google Ads management, Facebook Ads management, Bing Ads management, SEO, website design and development, and home service business startup.

These Terms and Conditions will govern our agreement for all Services offered by us and our website adscamps.com.au including the subdomain app.adscamps.com.au.

If a proposal or service schedule outlines terms and conditions that are in conflict with these Terms and Conditions, the proposal or service schedule will prevail for the conflict.

The provisions of these Terms and Conditions will apply to the maximum extent permissible at law.

Our services

In addition to other services we may provide for you, we will provide services as detailed in the project management agreement we enter into with you, a copy of which you will be provided prior to us commencing services for you.

We will perform services for you with reasonable care and skill. We will keep you up to date about our work and provide you with performance updates. If we note that the work we are performing for you is outside of the work that was agreed to, we will communicate this to you. We will abide by the policies of the Google, Microsoft and Meta advertising platforms.

Limitation of services

Neither we nor our agents or representatives will be responsible for any loss or damage you may incur, including delay or failure to provide services, due to your failure to provide us with the necessary content or approvals, or due to a platform outage or third party platform algorithm changes.

Neither we nor our agents or representatives will be liable for any restrictions or suspensions by a third party advertising platform or for any changes to a third party advertising platform’s policies.

Although click costs and advertising expenses are payable by you and outside the scope of our services, we will ensure that we adhere to your spending limits.

We may engage employees, agents or other third parties to perform a portion of the services to be provided by us.

Fees, payment and GST

Management fee

The management fee is outlined in your proposal. This fee is for our services only. You will incur additional costs for advertisement spending, platform and other third-party services, and stock images.

Ad spend

You will pay advertisement spending directly to Google, Facebook, and other platforms. We will not increase the amount you spend, and we will not receive a commission. You are responsible for ensuring your payment method for each platform has enough funds and is active. We are not responsible for the consequences of a lack of funds for your payment method, including pausing a campaign.

Invoicing and payment

Fees will be charged monthly. The fees will be charged in advance. The fees will be due 7 days from the invoicing date. You authorise us to charge the fee using the payment method you have selected.

GST

Unless specified otherwise, all fees will include GST.

Late payment

We may suspend your services until the invoice amount owed is paid in full. The unpaid amount will earn us a compulsory 10% interest per year, which will be charged and payable on a daily basis. We may engage a debt collection agency and/or take legal action to collect the unpaid amount. In such cases, we will be entitled to collect our legal costs from you.

Our management fee is subject to change after 30 days’ notice. If the new management fee is unacceptable to you, you can terminate this agreement, without penalty, within the notice period.

Minimum term and ending this agreement

The minimum term of this agreement is 3 months from the commencement date (the “Initial Period”). During the Initial Period, neither party is entitled to terminate this agreement.

After the Initial Period, this agreement is capable of being terminated by giving 30 days’ notice. The termination is effective at the end of the 30 days’ notice period and the next billing cycle thereafter.

This agreement will not be automatically renewed.

This agreement may be terminated by either party immediately by notice if the other party, among other things, fails to pay the fees due and owing under the agreement, or becomes insolvent or has a receiving order made against it.

What happens after the agreement ends

Once the agreement ends, we will cease managing your campaigns within 2 business days. We will also transfer full admin access to your Google Ads, Meta, and Microsoft accounts, as well as any other accounts managed by us to you. We will also provide you with your campaign data, audience lists, and conversion tracking. Lastly, we will provide you with a final report.

You will be charged for management for the notice period.

Your obligations

You will:

• allow us to access your accounts and profiles as required;
• respond to our requests in 5 days or less;
• provide us with information that is not false or misleading and that does not violate any person’s intellectual property or moral rights;
• obtain and maintain all permits required to legally provide your services and advertise them;
• ensure your accounts have sufficient funds to support your ad spend; and
• adhere to all advertising policies.

If you receive a cease and desist or are notified of a complaint or policy violation, you will inform us without delay.

You acknowledge and agree that WA Elite Services Pty Ltd trading as Ads Camps Digital Marketing and its associates will not be liable for any loss suffered by you, whether arising from negligence, breach of contract, tort, or otherwise, and however caused, in connection with or arising from the provision of services by WA Elite Services Pty Ltd trading as Ads Camps Digital Marketing and/or any associate of WA Elite Services Pty Ltd trading as Ads Camps Digital Marketing to you, including but not limited to any loss you may suffer as a result of your reliance upon advice given to you by Ads Camps Digital Marketing and its associates.

No guarantee of results

Ads Camps Digital Marketing does not guarantee any results as a consequence of the services provided by Ads Camps Digital Marketing to you, including, but not limited to, results such as rankings by search engines, the volume or number of clicks, the number of leads generated, the volume of sales or revenue generated by you, the sales or lead conversion rate, or any other similar results.

There are numerous factors that search engines consider when determining rankings for search results. Also, the results that search engines return for any given query vary from time to time. The results that search engines return for a particular query may differ from search engine to search engine. The quantity and quality of website traffic and the number and quality of leads and sales that a website generates may vary for different websites for any number of reasons.

The Australian Consumer Law

Nothing in this document aims to modify or remove our obligations to provide our services to you in accordance with the Australian Consumer Law.

Intellectual property

Materials provided by you

You will retain ownership of all materials that you provide to us, including but not limited to, your logo and other images, text, and your business information.

Materials provided by us

Ad copy and creative materials provided by us become your property when we receive full payment for the services provided to you by us.

Tools and systems

We retain ownership of all of our tools and systems. We grant you a similar right to use our tools and systems incorporated in the materials we provide to you.

Advertising accounts

We work with the accounts you own or are given access to. We will not restrict account access or campaign-level work. We will transfer administrator access to your accounts when your relationship with us ends.

Third party items

We will communicate any licences that affect your use of a deliverable, if any.

Moral rights

These Terms do not require a person to give up their moral rights. A waiver will be given only if required and then only in a separate document.

Default position under copyright law

We acknowledge that, in the absence of a contract to the contrary, copyright in materials created by our employees and sub-contractors vests in the employees and sub-contractors. These Terms ensure that deliverables we create for you are assigned to you. Other things we create and give to you will be retained by us.

Privacy and data

We manage personal information in accordance with our Privacy Policy and the Australian Privacy Principles.

There are forms on our websites to help us gather information when you make an enquiry about our marketing services. The information you provide will be used for the reasons explained at the time of collection. The information you provide on the form at app.adscamps.com.au is used for the purposes explained at the time of collection and in accordance with APP 5 of the Australian Privacy Principles.

If you use our service to get marketing leads and we pass those leads to you, you agree to handle the leads in a manner which complies with your obligations under the Australian Privacy Principles (if the Privacy Act 1988 applies to you).

If you give us a list of your customers to use in a marketing campaign, you agree your customers have given you permission to give us and use their personal information to receive marketing materials, and you have the right to give us and use their personal information for that purpose.

The data you give us about your marketing campaigns (for example, which ads you run and to whom) is your data. We do not use that data for other clients. When you cease to be a client of ours, we give you all data related to your account.

Spam Act compliance

Both Ads Camps and our clients must comply with the Spam Act 2003 and the Spam Regulations 2021 when they send marketing messages. Each time they send a marketing message, they must comply with the Act and the Regulations. The Australian Communications and Media Authority (ACMA) enforces the Spam Act and the Regulations and have in the past imposed large fines for serious and/or repeated breaches.

We abide by the Spam Act 2003 in all our electronic marketing. Therefore, all our marketing messages are clearly identifiable and contain a functional electronic unsubscribe option. We acknowledge all unsubscribe requests and implement them as soon as reasonably practicable.

If we execute any email or SMS marketing campaigns for you, you acknowledge that any contact list provided to us requires valid consent for us to contact the persons listed for the purpose of receiving marketing messages.

You agree to and acknowledge that it is your obligation to provide and maintain an unsubscribe function and to unsubscribe persons upon their request.

You agree to indemnify us for any loss, damage or expense (including legal costs) arising from any breach of the Spam Act 2003 caused by your failure to provide a valid contact list or to properly manage unsubscribe requests.

Consumer guarantees and our liability

We do not limit or exclude our liability for a breach of a guarantee that we are not permitted to limit or exclude. For any other guarantee that we are not permitted to limit or exclude, then our liability for breach of that guarantee is limited to supplying the relevant service again.

Under the Australian Consumer Law we provide the following guarantees in respect of our Services. If the Services provided to you fail to meet the guarantees set out in the Australian Consumer Law, you are entitled to a remedy.

Our service guarantees

We guarantee that the Services will be provided with skill and care. Where you have informed us of the reason you require the Services, we guarantee the Services will be fit for that purpose.

Section 64A limitations

We limit our liability for not meeting a consumer guarantee to the extent permitted by Section 64A of the Australian Consumer Law, in two ways: by resupplying the service or by paying for the service to be resupplied. In order for us to rely on this limitation, a court must find that it is fair and reasonable in the circumstances.

Limit of our liability

To the maximum extent permitted by law, in the aggregate, our liability to you for all losses, damages and claims (however described) in connection with this Agreement will not exceed the aggregate of the Management Fees paid by you in the 3 (three) month period immediately preceding the event giving rise to such losses, damages and claims.

Neither party will be liable for any loss of profit, revenue, or other Business Opportunity costs in connection with this Agreement to the maximum extent permitted by law.

This will not limit the liability of either party for losses which cannot be legally excluded.

These Terms will be interpreted in the same way for both of us. Liability will not be limited for either of us because of a breach of the Australian Consumer Law that cannot be excluded, for us or any other party, or for fraud or for personal injury or death caused by any party’s or any other person’s negligence.

Confidentiality

Each of us agrees that we will not disclose the other party’s confidential information to any other party and that we will not use the other party’s confidential information except to exercise our rights and perform our obligations under this Agreement.

Confidential Information of either party includes any information which is disclosed by that party and is denoted by that party as being Confidential. It includes information relating to the other party’s clients, prices and other commercial terms, campaigns and results.

Each of us will ensure that the other party’s Confidential Information is not disclosed by us to any other party, except to those of our employees or contractors who have a need to know such Information and are bound by this Agreement. Each of us may disclose the other party’s Confidential Information as required by law.

This clause will apply and have effect despite the termination of this Agreement.

Force majeure

Neither of us will be liable for failure to perform this Agreement for reasons beyond our control, including, but not limited to, Acts of God, war, riot, terrorist activities, and any action by a national, state or local government.

Dispute resolution

In the event a dispute arises between the parties relating to these Terms and Conditions, the parties agree to first try and resolve the dispute between them.

If the dispute cannot be resolved between the parties, either party may refer it to mediation through the Small Business Development Corporation (WA) at a cost of $125 per party per session, or through the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) for clients outside Western Australia. Mediated agreements are legally binding and enforceable. Either party may seek urgent injunctive relief from a court at any stage.

These Terms and Conditions are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

Questions about these Terms

These answers are summaries. The sections above are the full terms and govern in every case.