Terms of business

Liftlean ABN 53 440 730 362

Effective Date: 6/10/2025

These Terms of Business (“Terms”) apply to all services provided by LiftLean (“we”, “us”, or “our”) to any client (“you” or “the Client”).
By engaging us for services, signing a proposal, or paying an invoice, you agree to these Terms.

An Service Agreement or Proposal sets out your specific deliverables, pricing, and timelines. These Terms apply to all work we do for you under that Agreement.

We provide digital marketing and creative services, which may include:

• Social media management and content creation
  
  
• Paid advertising (Meta, Google, TikTok, etc.)
  
  
• Web design & development
  
  
• Marketing automation and CRM setup
  
  
• Analytics and performance reporting
  
  

All services and deliverables will be described in your Service Proposal.
Any work requested outside the agreed scope will be quoted and approved separately in writing.

• Agreements are month-to-month unless stated otherwise.
  
  
• Either party may terminate with 30 days’ written notice.
  
  
• If you terminate without notice, a fee equal to one month’s service is payable in lieu of notice.
  
  
• We may suspend or terminate services if invoices remain unpaid for more than 14 days.
  
  

Upon termination, all unpaid fees become immediately due. We will provide all completed and paid-for deliverables up to the termination date.

• Fees are as set out in your Service Proposal and are payable monthly in advance by direct debit or invoice.
  
  
• Advertising spend (Meta, Google, TikTok, etc.) is billed directly to you and is not included in our service fees.
  
  
• Late payments may incur a 5% late fee per month or the maximum allowed by law.
  
  
• We reserve the right to pause work if payments are overdue by more than 14 days.
  
  

All prices exclude GST unless otherwise stated.

You agree to:

• Provide timely access to accounts, branding materials, and approvals.
  
  
• Respond to feedback and content approvals within agreed timeframes.
  
  
• Ensure all materials provided are accurate and lawful.
  
  
• Comply with all relevant advertising, privacy, and industry regulations.
  
  

Delays caused by missing approvals or content will extend delivery timelines and do not constitute a breach of contract.

• All content, creative materials, and assets produced by us remain our property until full payment is received.
  
  
• Once paid, ownership of final deliverables transfers to you, except for:
  
  
  • Licensed third-party materials (e.g. stock images, fonts, templates)
    
    
  • Underlying frameworks, methods, and design systems we use to deliver services
    
    
• We retain the right to use completed, non-confidential work for portfolio and marketing purposes.
  
  

You grant us permission to reference your brand and use your logo for case studies unless you request otherwise in writing.

Each deliverable includes one round of reasonable revisions.
Additional revisions or major changes outside the agreed scope will be quoted separately at our standard hourly rate.

We will perform our services with due care and skill but do not guarantee specific results, such as sales, leads, or engagement numbers.
Marketing outcomes depend on factors outside our control, including market conditions, budget, and audience behaviour.

• You indemnify us against any claims, losses, or damages arising from materials, data, or instructions you provide.
  
  
• Our total liability for any claim is limited to the total fees paid to us in the 3 months preceding the claim or $5,000, whichever is lower.
  
  
• We are not liable for any loss of profit, data, or consequential damages.
  
  

Both parties agree to keep confidential all non-public business, marketing, and customer information shared under this Agreement.
This obligation continues for 12 months after termination.

You agree not to directly or indirectly solicit, hire, or engage any of our employees, contractors, or subcontractors during the term of this Agreement and for 12 months thereafter, without our written consent.

If a dispute arises, both parties will first attempt to resolve it in good faith within 14 days.
If unresolved, the matter will be referred to mediation in Melbourne, Victoria before legal action may be taken.

These Terms are governed by the laws of Victoria, Australia, and both parties submit to the exclusive jurisdiction of its courts.

These Terms, together with your agreed Service Proposal or Agreement, form the entire understanding between both parties and replace any previous agreements, discussions, or representations.