These Terms of Service ("Terms") govern your access to and use of the website at www.exposure.com.au (the "Website") and the digital advertising, creative production, consulting and related services ("Services") provided by Exposure Agency PTY LTD ("Exposure", "we", "us" or "our"), a company registered in New South Wales, Australia, with its registered office at 41 Hutchinson Street, St Peters NSW 2044.
By accessing the Website, engaging our Services, signing a proposal or statement of work, or accessing any deliverable we produce, you ("you", "your" or the "Client") agree to be bound by these Terms. If you do not agree, you must not use the Website or the Services. You represent that you are at least 18 years old and, where you act on behalf of an entity, that you are authorised to bind that entity to these Terms.
1. Definitions
- Agreement means any proposal, quote, statement of work or service agreement that sets out the specific scope, deliverables, fees and timelines for your engagement, together with these Terms.
- Deliverables means the creative assets, reports, copy and other materials we produce for you under an Agreement.
- Ad Spend means amounts paid directly to advertising platforms to run media, which are separate from our fees.
- Platforms means third-party advertising and analytics services including Meta, Google and TikTok.
2. The Services
Exposure provides services that may include:
- Performance creative strategy, production and iteration (video and static)
- Customer and competitor research and creative briefing
- Campaign strategy, structure and advisory
- Tracking, analytics and reporting
- Marketing consulting
The specific scope, deliverables, fees and timelines for your engagement are set out in your Agreement. Where these Terms conflict with a signed Agreement, the signed Agreement prevails for that engagement.
3. Client Responsibilities
You agree to:
- Provide accurate information and the access reasonably required to deliver the Services;
- Maintain current login credentials and platform permissions you grant us;
- Provide approvals (creative, budgets, strategy changes) within reasonable timeframes;
- Ensure your website, products, claims and advertising comply with all applicable laws and Platform policies; and
- Ensure any customer data you provide was collected lawfully and with the consent required for its intended use.
We are not responsible for delays or performance impacts caused by missing access, assets or approvals.
4. Fees, Payment & Ad Spend
- Fees are set out in your Agreement and, unless stated otherwise, are quoted in AUD and exclusive of GST.
- Unless otherwise agreed, invoices are payable within 14 days of the invoice date.
- We may pause Services on overdue accounts; no refunds apply for any period affected by non-payment.
- Ad Spend is paid by you directly to the Platforms and is separate from our fees.
- Fees for work already completed are non-refundable.
5. Term, Renewal & Cancellation
Your Agreement specifies whether the engagement is month-to-month, fixed-term or project-based. Month-to-month engagements renew automatically until cancelled. Unless your Agreement states otherwise, either party may cancel with 30 days' written notice, and all work completed up to the cancellation date remains payable. We may suspend or terminate immediately if you breach these Terms, request illegal or non-compliant advertising, or fail to meet payment obligations.
6. Advertising Platform Compliance
The Services rely on Platforms that each have their own policies and enforcement processes. You acknowledge that Platform decisions on ad approvals, account status and enforcement are outside our control, and that you are responsible for ensuring your business, website and claims comply with those policies. To the maximum extent permitted by law, we are not liable for ad rejections, account suspensions, Platform outages or changes, or losses arising from Platform policy enforcement.
7. Intellectual Property
Your materials. You retain ownership of your branding, content, customer data and existing advertising accounts, and grant us a licence to use them solely to provide the Services.
Deliverables. On full payment of the relevant fees, you may use the Deliverables produced for you (ad creative, copy and reports) for your own business purposes. Unless agreed in writing, our underlying methods, frameworks, tooling, tracking configurations and reporting templates remain our intellectual property.
Portfolio. Unless you ask us in writing not to, you grant us a licence to reference your brand and display Deliverables and high-level results in our portfolio and marketing.
8. Confidentiality
Each party agrees to keep confidential the other's non-public business information, access credentials, performance data, customer data and commercial terms, and to use it only as needed to perform or receive the Services. These obligations survive termination.
9. Data Protection & Privacy
Our handling of personal information is governed by our Privacy Policy and the Privacy Act 1988 (Cth). Where we process customer data on your behalf, we act on your instructions, apply reasonable security, and do not sell that data. You are responsible for the lawfulness of the data you provide and for obtaining any required consents.
10. Third-Party Services
The Services and Website may rely on or link to third-party tools and websites we do not control. We are not responsible for their availability, content, pricing, policy changes or practices, and we recommend you review their terms. We assume no liability for loss arising from your use of, or reliance on, any third-party service.
11. No Guarantee of Results; "As Is"
Advertising outcomes depend on many factors outside our control. We make no guarantee regarding campaign performance, revenue, ROAS, CPA or other results. To the maximum extent permitted by law, the Website and Services are provided "as is" and "as available" without warranties of any kind, except for guarantees that cannot lawfully be excluded (including under the Australian Consumer Law). Where a guarantee cannot be excluded, our liability is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.
12. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill. Our total aggregate liability arising out of or in connection with the Services is limited to the fees you paid to us in the three (3) months immediately before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded.
13. Indemnity
You agree to indemnify us against claims, losses and costs arising from your misuse of Platforms, misrepresentation of your products or services, breach of Platform policies or applicable law, or unlawful or unauthorised sharing of data.
14. Termination
We may suspend or terminate your access to the Website or Services immediately for any breach of these Terms. On termination, your right to use the Services ceases, amounts owing become payable, and clauses intended to survive (including IP, confidentiality, liability and indemnity) continue.
15. Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including Platform outages, internet failures, acts of government, or natural events.
16. General
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder continues in effect. A failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent. These Terms, together with your Agreement and our Privacy Policy, form the entire agreement between us regarding the Services.
17. Governing Law & Disputes
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts. Before commencing proceedings, you agree to first attempt to resolve any dispute informally by contacting us.
18. Changes to These Terms
We may update these Terms from time to time. For material changes we will make reasonable efforts to provide notice. Continued use of the Website or Services after changes take effect constitutes acceptance of the updated Terms.
19. Contact
Questions about these Terms can be sent to gabe@exposure.com.au, or by post to Exposure Agency PTY LTD, 41 Hutchinson Street, St Peters NSW 2044, Australia.