Carter Media - Performance & Growth

    Terms of Service

    Last updated: January 2025

    1. Agreement to Terms

    By accessing or using Carter Media's website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not access our website or use our services. These terms constitute a legally binding agreement between you and Carter Media.

    2. Services

    Carter Media provides digital marketing services including but not limited to:

    • Google Ads management (Search, Shopping, Display, YouTube)
    • Meta Ads management (Facebook & Instagram)
    • TikTok Ads management
    • Analytics and tracking implementation
    • Creative strategy and development
    • Email and SMS marketing

    The specific scope of services will be outlined in a separate service agreement or proposal provided to you.

    3. Client Responsibilities

    As a client, you agree to:

    • Provide accurate and complete information necessary for us to deliver our services
    • Grant appropriate access to advertising accounts, analytics platforms, and other relevant tools
    • Review and approve campaign materials, strategies, and budgets in a timely manner
    • Pay all invoices according to the agreed payment terms
    • Comply with advertising platform policies and applicable laws

    4. Payment Terms

    Our fees and payment terms will be specified in your service agreement. Ad spend is billed directly by advertising platforms (Google, Meta, TikTok) and is separate from our management fees. Invoices are typically due within 14 days of issue unless otherwise agreed. We reserve the right to pause or suspend services for overdue accounts.

    5. Intellectual Property

    All content on our website, including text, graphics, logos, and software, is the property of Carter Media or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission. Campaign materials created specifically for your account will be owned by you upon full payment.

    6. Confidentiality

    Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our engagement. This includes business strategies, financial information, customer data, and campaign performance metrics. This obligation survives the termination of our agreement.

    7. Results and Guarantees

    While we are committed to delivering the best possible results, we cannot guarantee specific outcomes such as sales, leads, or return on ad spend. Digital advertising performance depends on many factors outside our control, including market conditions, competition, and your product or service offering. We provide regular reporting and recommendations to optimise performance.

    8. Limitation of Liability

    To the maximum extent permitted by law, Carter Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid by you in the three months preceding the claim. This limitation applies regardless of the theory of liability.

    9. Termination

    Either party may terminate the service agreement with written notice as specified in your contract. Upon termination, you remain responsible for any outstanding fees and ad spend incurred. We will provide reasonable assistance in transitioning your accounts to your control or another provider.

    10. Governing Law

    These Terms of Service shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

    11. Changes to Terms

    We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the modified terms.

    12. Contact Us

    If you have any questions about these Terms of Service, please contact us at:

    Email: info@cartermedia.com.au
    Locations: Melbourne, Australia & Auckland, New Zealand