These Terms & Conditions ("Terms") govern your access to and use of the Lovelock Advertising website at www.lovelockadvertising.com ("Site") and any services we provide. By using the Site or engaging us, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our services.
1. Who We Are
Lovelock Advertising ("we", "us", "our") is a digital marketing agency based in Australia, providing services that include but are not limited to Google Ads, Meta Ads, SEO, and website design and development.
2. Engagement & Service Agreements
These Terms cover general use of our Site and initial communications. Any paid engagement is governed by a separate written service agreement, proposal, or statement of work ("Service Agreement"). Where the Service Agreement and these Terms conflict, the Service Agreement prevails for that engagement.
Estimates, proposals, and quotes provided by us are valid for 30 days unless otherwise stated, and are not binding until accepted in writing by both parties.
3. Fees & Payment
- Fees, payment schedules, and ad spend arrangements will be set out in your Service Agreement.
- Invoices are payable within 7 days of issue unless otherwise agreed in writing.
- Ad spend on third-party platforms (e.g. Google, Meta) is paid by you directly to the platform, or pre-funded to us, as specified in your Service Agreement.
- Late payments may incur interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) or equivalent applicable legislation.
- We reserve the right to pause or suspend work on overdue accounts after written notice.
4. Your Responsibilities
To do our best work, we rely on you to:
- Provide accurate, complete, and timely information, assets, and approvals.
- Grant any access we reasonably need (e.g. to ad accounts, analytics, hosting, CMS).
- Ensure you have the rights to any content, logos, images, or material you supply.
- Comply with all applicable laws and platform policies (Google, Meta, etc.) relating to your business and your advertising.
Delays caused by late feedback or missing assets may extend timelines and are outside our control.
5. Intellectual Property
- All content on this Site (including text, branding, design, code, and graphics) is owned by Lovelock Advertising or licensed to us, and protected by copyright and other intellectual property laws.
- You may not copy, reproduce, republish, or commercially use any Site content without our prior written permission.
- For paid engagements, ownership of deliverables (campaigns, designs, copy, code) transfers to you on full payment, unless your Service Agreement states otherwise. Background tools, frameworks, processes, and templates we use remain our property.
- We reserve the right to display work produced for you in our portfolio, case studies, and marketing materials, unless you request otherwise in writing.
6. Confidentiality
Both parties agree to keep confidential any non-public information shared during the engagement (including strategies, financials, customer data, and business plans) and to only use it for the purpose of delivering the agreed services. This obligation continues after the engagement ends.
7. Performance & No Guarantees
Digital marketing performance depends on many factors outside our control, including platform algorithms, market conditions, your product or service, pricing, and competitor activity. While we apply industry best practice and pursue results aggressively on your behalf:
- We do not guarantee specific outcomes, rankings, conversions, revenue, return on ad spend, or any other performance metric.
- Any forecasts, projections, or benchmarks we share are estimates only, based on the information available at the time.
8. Third-Party Platforms
Our work often involves third-party platforms (such as Google Ads, Meta Ads, analytics tools, website builders, and hosting providers). We are not responsible for outages, policy changes, account suspensions, fee changes, or other actions taken by these platforms. We will, however, work with you to resolve issues to the best of our ability.
9. Termination
Either party may terminate an engagement in accordance with the notice period in the Service Agreement (typically 30 days' written notice). On termination:
- You remain responsible for paying for all work performed and ad spend committed up to the termination date.
- We will deliver completed work and reasonable handover materials.
- Any prepaid amounts for unperformed work will be refunded, less reasonable costs already incurred.
We may suspend or terminate access to the Site or any engagement immediately if you breach these Terms or your Service Agreement.
10. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability to you for any claim arising out of or in connection with the Site or our services is limited to the fees you have paid us in the three (3) months preceding the event giving rise to the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, or data.
- Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot lawfully be excluded.
11. Indemnity
You agree to indemnify and hold Lovelock Advertising harmless from any claims, losses, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or any content, assets, or instructions you provide that infringe a third party's rights or breach applicable law.
12. Use of the Site
You agree not to:
- Use the Site for any unlawful purpose or in a way that violates these Terms.
- Attempt to gain unauthorised access to the Site or its systems.
- Use any automated tools (scrapers, bots, crawlers) to access or copy content from the Site without our written permission.
- Interfere with the Site's normal operation or security.
13. Third-Party Links
The Site may contain links to third-party websites. We do not control or endorse these websites and are not responsible for their content, products, or practices. You access them at your own risk.
14. Privacy
Your use of the Site and our services is also governed by our Privacy Policy, which forms part of these Terms.
15. Changes to These Terms
We may update these Terms from time to time. The "Effective" date at the top of this page shows when they were last updated. Continued use of the Site after changes constitutes acceptance of the updated Terms.
16. Governing Law
These Terms are governed by the laws of Australia. Any dispute arising under or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Australia.
17. Contact
Questions about these Terms can be sent to hello@lovelockadvertising.com.