Terms and Conditions
Last Updated: 20th of June 2025
Welcome to Profit Pulse Media. By engaging our services, you agree to the following terms and conditions. Please read them carefully before entering into any agreement with us.
1. Definitions
- "Client" refers to the individual or business entity engaging the services of Profit Pulse Media.
- "Agency", "we", "our", and "us" refers to Profit Pulse Media.
- "Services" refers to the digital marketing services we provide, including but not limited to Facebook ad management, media buying, campaign optimisation, landing page support, copywriting, and related consultancy.
- "Agreement" refers to the contract formed between the Client and Profit Pulse Media upon acceptance of these Terms.
2. Scope of Services
Profit Pulse Media offers paid advertising services to help clients generate leads and improve return on investment through targeted Facebook ad campaigns. Specific deliverables, budgets, ad spend, and timelines will be agreed upon in writing prior to campaign commencement.
3. Client Obligations
The Client agrees to:
- Provide accurate business information, access to relevant digital assets (Facebook Business Manager, Ad Accounts, etc.), and respond promptly to requests for feedback or approval.
- Ensure compliance with Facebook's advertising policies and all applicable laws relating to advertising, consumer protection, and privacy.
- Pay all agreed fees and media budgets in advance unless otherwise arranged in writing.
- Maintain valid payment methods for any media spend or recurring services.
4. Fees, Payments, and Billing
- Service fees are either fixed-rate or percentage-based and will be clearly outlined in your proposal or service agreement.
- All fees are exclusive of GST or other taxes unless stated.
- Facebook Ad Spend is billed separately and paid directly to Facebook by the Client unless agreed otherwise.
- Late payments may incur a 5% late fee per 14-day period past the due date.
5. Refund Policy
Due to the nature of digital advertising and time-based service provision, all service fees are non-refundable once work has commenced. Refunds for unused ad spend (paid directly to the platform) are subject to the platform's policies and are not the responsibility of Profit Pulse Media.
6. Performance Disclaimer
While we strive to optimise and improve your ad performance, Profit Pulse Media makes no guarantees regarding specific results such as leads, conversions, or profit increases. Performance depends on various factors including industry, offer, budget, competition, and audience behaviour.
7. Intellectual Property
- All advertising content created by Profit Pulse Media (graphics, ad copy, video, funnels) remains the intellectual property of Profit Pulse Media unless transferred by written agreement.
- Upon full payment, the Client is granted a non-exclusive, royalty-free licence to use the materials for the agreed purpose.
8. Confidentiality
Both parties agree to maintain the confidentiality of proprietary business information, trade secrets, and strategies disclosed during the engagement. This clause remains in effect for 24 months post-termination of the agreement.
9. Limitation of Liability
Profit Pulse Media shall not be liable for:
- Any indirect, incidental, or consequential damages.
- Facebook account bans, ad disapprovals, or platform downtimes.
- Results that are not achieved due to client-side issues (e.g., poor website performance, lack of CRM follow-up, or offer conversion).
Maximum liability is limited to the total amount paid to Profit Pulse Media for services in the 30 days preceding the claim.
10. Termination and Suspension
Either party may terminate the agreement with 14 days written notice. Upon termination:
- All outstanding invoices become immediately due.
- Ongoing campaigns may be paused, cancelled, or transferred depending on client instructions.
- No refunds will be issued for work already completed or ad budget already used.
Profit Pulse Media reserves the right to suspend services for non-payment, breach of contract, or unlawful activity.
11. Force Majeure
Profit Pulse Media is not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, cyberattacks, platform policy changes, or government regulations.
12. Governing Law and Dispute Resolution
These terms are governed by the laws of [insert jurisdiction – e.g., New Zealand / Australia]. Any disputes shall be first attempted to be resolved through good faith negotiation. Failing which, disputes will be resolved via arbitration or a relevant court with jurisdiction.
13. Modifications
We reserve the right to update or modify these Terms at any time. Clients will be notified of major changes. Continued use of services after changes are made constitutes acceptance of the revised Terms.
14. Entire Agreement
This document, together with any signed proposals or service agreements, constitutes the entire agreement between the parties. Any additional terms must be in writing and signed by both parties.
For any questions regarding these terms, please contact:
Profit Pulse Media
Yahya@profit-pulse.co.nz