Terms of Service for Ad Viral Vantage

Company: Ad Viral Vantage
Website: https://adviralvantage.com
Email: [email protected]
Phone: +61 450 319 974
Address: 38 York Street, Sydney, New South Wales 2000, Australia

1. Introduction

Welcome to Ad Viral Vantage.

These Terms of Service govern your access to and use of the Ad Viral Vantage website, services, platforms, tools, content, and related features.

By accessing our website, submitting an inquiry, creating an account, purchasing a service, entering into a partnership, or otherwise using our services, you confirm that you have read, understood, and agreed to these Terms of Service.

If you do not agree with these Terms, you must not access or use our services.

2. About Ad Viral Vantage

Ad Viral Vantage provides advertising, marketing, creative production, campaign management, consulting, digital media, e-commerce support, and related business services.

The exact scope, pricing, timeline, and deliverables for a service may be described in a proposal, order form, statement of work, contract, invoice, email confirmation, or other written agreement between Ad Viral Vantage and the client.

If a separate written agreement conflicts with these Terms, the separate written agreement will apply to the extent of that conflict.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.

If you use our services on behalf of a company, organisation, or other legal entity, you confirm that you have the authority to accept these Terms on its behalf. In that case, references to “you” and “your” include that entity.

4. Accounts and Access

Certain services may require you to create an account or provide access to third-party advertising, analytics, social media, e-commerce, or business platforms.

You agree to:

• Provide accurate, complete, and current information.
• Keep your usernames, passwords, and access credentials secure.
• Restrict unauthorised access to your account.
• Notify us promptly if you suspect unauthorised access or a security incident.
• Maintain all permissions required for us to access platforms connected to your account.

You are responsible for activities performed through your account or credentials unless the activity resulted directly from our failure to use reasonable security measures.

We may suspend or restrict access when we reasonably believe an account has been compromised, used unlawfully, or used in violation of these Terms.

5. Services and Deliverables

We will provide services using reasonable care and skill and in accordance with the scope agreed between the parties.

Project timelines and performance estimates may depend on factors including:

• The timely delivery of information, materials, feedback, approvals, and account access.
• Third-party platform availability and approval processes.
• Changes requested by the client.
• Advertising review procedures.
• Market conditions and audience behaviour.
• Technical limitations outside our control.

Unless expressly guaranteed in a separate written agreement, dates and timelines are estimates only.

Additional work outside the agreed scope may require revised fees, timelines, or a separate agreement.

6. Client Responsibilities

You agree to provide all information, instructions, materials, approvals, and access reasonably required for us to perform the services.

You are responsible for ensuring that:

• Your products and services are lawful.
• Your advertising claims are accurate and properly supported.
• Your website, checkout process, products, pricing, fulfilment, and customer service comply with applicable laws.
• You have the necessary rights and permissions to use all materials supplied to us.
• Your privacy notices, terms, policies, and consent processes are legally appropriate for your business.
• Your instructions do not infringe intellectual property, privacy, publicity, consumer, advertising, or other legal rights.

You must review and approve deliverables before publication unless we have expressly agreed to publish or launch them on your behalf.

7. Advertising Platforms and Third-Party Services

Our services may involve third-party platforms such as advertising networks, social media platforms, analytics providers, website platforms, payment processors, hosting providers, and e-commerce services.

Your use of those services is also governed by the third party’s own terms, policies, fees, and procedures.

Ad Viral Vantage does not control third-party platforms and is not responsible for:

• Account suspensions, restrictions, or closures.
• Advertisement rejections or delayed approvals.
• Changes to platform policies, algorithms, fees, or features.
• Platform outages, errors, data loss, or service interruptions.
• Changes in advertising reach, traffic, conversion rates, or campaign performance.
• Actions taken by a third-party platform against your account or content.

We may provide assistance with platform-related issues, but we cannot guarantee that a platform will approve, restore, or maintain an account, advertisement, campaign, or integration.

8. No Guarantee of Results

Advertising and marketing performance depends on many factors outside our control, including market demand, product quality, pricing, competition, website performance, audience behaviour, platform algorithms, creative performance, offer strength, and client fulfilment.

Unless expressly stated in a signed written agreement, we do not guarantee:

• A particular number of sales, leads, clicks, impressions, or customers.
• A specific return on advertising spend.
• A particular revenue or profit level.
• Continuous advertisement approval.
• A specific search, social media, or platform ranking.
• Any particular commercial outcome.

Any projections, forecasts, case studies, examples, or previous results are provided for informational purposes and do not guarantee future performance.

9. Fees and Payment

You agree to pay all fees, charges, taxes, advertising costs, and approved expenses associated with the services.

Payment terms will be stated in the applicable proposal, invoice, order form, or agreement.

Unless otherwise agreed in writing:

• Fees are stated in the currency shown on the invoice.
• Invoices must be paid by the due date.
• Advertising spend paid directly to a third-party platform is separate from our service fees.
• Work may be paused when an invoice is overdue.
• Deposits, setup fees, and fees for completed work are non-refundable.
• You are responsible for reasonable costs incurred in recovering overdue payments.

We may charge interest or late fees on overdue amounts where permitted by law and disclosed in the applicable invoice or agreement.

10. Cancellations and Refunds

Cancellation rights, notice periods, and refund eligibility may be specified in the relevant proposal, order form, subscription terms, or service agreement.

Unless otherwise stated in writing:

• You may cancel future services by giving written notice.
• Cancellation does not remove your obligation to pay for work already completed, committed resources, approved expenses, or non-cancellable third-party costs.
• Fees for completed services, strategy work, research, setup, account configuration, custom creative work, or delivered materials are not refundable.
• Monthly or recurring fees already charged are not refundable except where required by law.
• Any refund approved by us will be processed using the original payment method where reasonably possible.

Nothing in these Terms excludes any refund or cancellation right that cannot legally be excluded under applicable consumer law.

11. Intellectual Property

11.1 Ad Viral Vantage Materials

Ad Viral Vantage retains ownership of its pre-existing intellectual property, including its systems, processes, methods, templates, frameworks, software, tools, know-how, internal documents, reusable assets, and business materials.

Unless expressly agreed otherwise, these materials are not transferred to the client.

11.2 Client Materials

You retain ownership of materials you provide to us, including trademarks, logos, product images, brand assets, business information, and content.

You grant Ad Viral Vantage a limited, non-exclusive licence to use, reproduce, edit, adapt, store, and distribute those materials only as reasonably necessary to provide the services.

You confirm that you have all required rights and permissions to grant this licence.

11.3 Custom Deliverables

Subject to full payment of all applicable fees, ownership or usage rights for final custom deliverables will be determined by the applicable proposal, statement of work, licence, or written agreement.

Unless otherwise agreed, drafts, unused concepts, source files, working files, internal notes, templates, and rejected designs remain the property of Ad Viral Vantage.

11.4 Portfolio Use

Unless you request confidentiality in writing or a separate agreement prohibits it, we may identify you as a client and display publicly released work in our portfolio, website, proposals, award submissions, and promotional materials.

We will not disclose confidential campaign data or commercially sensitive information without permission.

12. Confidentiality

Each party may receive confidential or commercially sensitive information from the other party.

The receiving party agrees to:

• Use confidential information only for the purpose for which it was disclosed.
• Take reasonable measures to protect it.
• Disclose it only to personnel, contractors, or professional advisers who need access and are subject to confidentiality obligations.
• Not disclose it to unauthorised third parties.

Confidential information does not include information that:

• Is publicly available through no breach of these Terms.
• Was lawfully known before disclosure.
• Is received lawfully from another source without a confidentiality obligation.
• Is independently developed without using the confidential information.
• Must be disclosed by law, regulation, or court order.

13. Privacy and Data Protection

Our collection and handling of personal information are described in our Privacy Policy.

Where our services involve processing personal information on your behalf, each party agrees to comply with applicable privacy and data protection requirements relevant to its activities.

You are responsible for obtaining any notices, permissions, and consents required for personal information you provide or make accessible to us.

We may use service providers and contractors to help deliver our services, subject to appropriate contractual and security arrangements.

14. Acceptable Use

You must not use our website or services to:

• Violate any law or regulation.
• Promote illegal, fraudulent, deceptive, harmful, or abusive activity.
• Infringe intellectual property, privacy, publicity, or other legal rights.
• Upload malware, malicious code, viruses, or harmful technology.
• Attempt to gain unauthorised access to accounts, systems, networks, or data.
• Interfere with the operation or security of our website or services.
• Misrepresent your identity, business, products, or authority.
• Send unsolicited communications in violation of applicable law.
• Publish false, misleading, unsupported, or unlawful advertising claims.
• Circumvent advertising-platform rules or account restrictions.
• Use our services in a way that could harm Ad Viral Vantage, our clients, service providers, or reputation.

We may refuse, suspend, or terminate services associated with prohibited activities.

15. Reviews, Feedback, and Communications

You may provide reviews, feedback, suggestions, or testimonials about our services.

You grant us permission to use voluntary feedback for business, promotional, and service-improvement purposes, provided that we do not misrepresent your statements.

We may contact you about your account, projects, payments, service updates, security matters, and other administrative matters.

Marketing communications will be sent in accordance with applicable law, and you may unsubscribe from promotional emails using the unsubscribe option provided.

16. Suspension and Termination

We may suspend or terminate your access to the services if:

• You materially breach these Terms.
• You fail to pay an overdue invoice.
• You provide unlawful or misleading instructions.
• Your activities create legal, security, financial, or reputational risk.
• A third-party platform prevents us from continuing the services.
• Continuing the relationship would require us to violate a law or platform policy.

Where reasonably possible, we will provide notice and an opportunity to address the issue before termination.

You may terminate the services in accordance with the cancellation terms in the applicable agreement.

Upon termination:

• Outstanding fees become immediately payable.
• Each party must return or securely delete confidential information when reasonably requested, subject to legal and recordkeeping obligations.
• Any licences granted solely for providing the services may end.
• Provisions intended to survive termination will remain effective.

17. Disclaimers

To the maximum extent permitted by law, our website and services are provided on an “as available” basis.

We do not guarantee that:

• The website or services will always be available, uninterrupted, secure, or error-free.
• Every defect or technical problem will be corrected immediately.
• Third-party information will always be complete or accurate.
• Marketing content will be approved by every platform or regulator.
• Services will produce a particular financial or commercial result.

Nothing on our website constitutes legal, financial, tax, accounting, or regulatory advice. You should obtain professional advice where appropriate for your circumstances.

18. Limitation of Liability

To the maximum extent permitted by law, Ad Viral Vantage will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses, including loss of profit, revenue, business opportunity, goodwill, anticipated savings, data, or reputation.

We are not responsible for losses caused by:

• Third-party platforms or service providers.
• Client-provided materials, claims, products, instructions, or account access.
• Delayed client approvals or incomplete information.
• Platform suspensions, advertisement rejections, algorithm changes, or policy changes.
• Events outside our reasonable control.
• Unauthorised access resulting from the client’s failure to secure credentials.

To the maximum extent permitted by law, our total aggregate liability arising from a particular claim will not exceed the total service fees paid to Ad Viral Vantage for the services directly giving rise to that claim during the three months immediately preceding the event that caused the claim.

This limitation does not apply to liability that cannot lawfully be excluded or limited.

19. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Ad Viral Vantage and its directors, employees, contractors, and representatives from claims, losses, liabilities, penalties, and reasonable costs arising from:

• Materials, products, services, or information supplied by you.
• Your breach of these Terms.
• Your violation of applicable law or third-party rights.
• False, misleading, unsupported, or unlawful claims approved or supplied by you.
• Your misuse of our services.
• Disputes between you and your customers, users, suppliers, or business partners.

This section does not require you to indemnify us for losses caused solely by our fraud, wilful misconduct, or liability that cannot legally be excluded.

20. Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, warranty, condition, or remedy that cannot be excluded under the Australian Consumer Law or any other applicable law.

Where our liability for a failure to comply with a non-excludable consumer guarantee may legally be limited, our liability may be limited, at our option, to:

• Supplying the services again; or
• Paying the reasonable cost of having the services supplied again.

21. Force Majeure

Neither party will be liable for a delay or failure to perform an obligation caused by circumstances beyond its reasonable control.

Such circumstances may include natural disasters, fires, floods, epidemics, pandemics, war, civil unrest, government action, labour disputes, power failures, internet outages, cyber incidents, platform outages, supplier failures, or telecommunications disruptions.

The affected party must take reasonable steps to reduce the effect of the event and resume performance when reasonably possible.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, business practices, legal requirements, or third-party platforms.

The updated Terms will be posted on our website with a revised effective date.

Material changes may also be communicated through email, an account notification, or another reasonable method.

Your continued use of the services after updated Terms become effective constitutes acceptance of those updated Terms, except where additional consent is required by law.

23. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia.

Before commencing formal legal proceedings, each party agrees to make a reasonable good-faith effort to resolve the dispute through written communication and negotiation.

If the dispute cannot be resolved, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

Nothing in this section prevents either party from seeking urgent injunctive or protective relief.

24. General Provisions

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified or removed only to the minimum extent necessary. The remaining provisions will continue in effect.

Our failure to enforce a provision does not waive our right to enforce it later.

You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations as part of a business restructuring, merger, acquisition, sale, or transfer of assets.

These Terms, together with any applicable proposal, order form, statement of work, Privacy Policy, and written service agreement, form the entire agreement concerning the relevant services.

25. Contact Us

For questions, concerns, or notices relating to these Terms of Service, contact:

Ad Viral Vantage
38 York Street
Sydney, New South Wales 2000
Australia

Email: [email protected]
Phone: +61 450 319 974
Website: https://adviralvantage.com