Terms of Service

These Terms of Service ("Terms") govern your use of services provided by Profit Pulse Agency (trading as PROFITPULSEAGENCY, ABN: 61 859 201 573, registered address: Unit 3, 5-7 Newnham Cl, Newstead TAS 7250, Australia, "Profit Pulse", "we", "us", "our").

These Terms, together with any Service Agreement, Proposal, or Scope of Work document provided to you, form the entire agreement between the parties.

These Terms are governed by the laws of Tasmania, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Tasmania.

3.1 Pricing

Our current service packages and pricing are published on our website at profitpulseagency.com/pricing and are quoted in Australian Dollars (AUD). All prices are inclusive of GST where applicable. We reserve the right to amend our pricing at any time. Price changes will not affect any engagement already confirmed in writing.

3.2 Payment Schedule

Unless otherwise agreed in writing, the following payment schedule applies:

• A deposit of 30% (non-refundable) of the total setup fee is required before work commences
• The remaining 70% of the setup fee is due upon completion and after the live trial period ends
• Monthly retainer fees are billed in advance on the 1st of each calendar month

3.3 Payment Method

Payment is accepted by direct bank transfer (EFT) to the bank account details provided on our invoice. Payment is due within 7 days of the invoice date unless otherwise stated.

3.4 Late Payment

If payment is not received by the due date, we reserve the right to:

• Suspend access to any systems, automations, or platforms set up under our services
• Recover reasonable debt collection costs if legal action or a collection agency is engaged

3.5 GST

Profit Pulse is not currently registered for GST. All fees are quoted exclusive of GST. If we become registered for GST in the future, we will notify you at least 30 days in advance and update invoices accordingly. GST will be added on top of the quoted fee at the prevailing rate.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services re-supplied if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy you may have under the ACL or any other applicable Australian consumer protection legislation.

7.1 Our IP

All methodologies, templates, workflow frameworks, system architectures, training materials, and proprietary processes developed by Profit Pulse remain our intellectual property at all times, regardless of whether they are used in your project.

7.2 Your IP

All content, data, logos, branding, and materials you provide to us remain your intellectual property. You grant us a non-exclusive licence to use such materials solely for the purpose of delivering the agreed services.

7.3 Deliverables

To the maximum extent permitted by the Australian Consumer Law and other applicable legislation:

• Our total liability to you for any loss or damage arising from or in connection with our services (whether in contract, tort, negligence, or otherwise) is limited to the total fees paid by you to us in the 3 months preceding the event giving rise to the claim
• We are not liable for any indirect, special, incidental, or consequential loss, including but not limited to loss of revenue, loss of profits, loss of data, loss of business, or loss of opportunity, even if we have been advised of the possibility of such losses
• We are not responsible for business outcomes, lead quality, conversion rates, or revenue results that depend on factors outside our direct control, including your own sales processes, market conditions, product quality, or advertising spend

We are committed to resolving disputes efficiently and fairly. In the event of a dispute:

• The party raising the dispute must notify the other party in writing with a description of the issue and proposed resolution
• Both parties agree to attempt to resolve the dispute through good-faith negotiation within 14 days of receiving the written notice
• If unresolved, the parties agree to attempt mediation through a mutually agreed mediator before commencing legal proceedings
• If mediation fails, either party may commence proceedings in the courts of Tasmania

This clause does not prevent either party from seeking urgent injunctive or equitable relief from a court.

13.1 Entire Agreement

These Terms, together with any Proposal, Scope of Work, or Service Agreement provided to you, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

13.2 Variation

We may update these Terms at any time. The updated Terms will be posted at profitpulseagency.com/terms. Continued use of our services after the posting of changes constitutes your acceptance of the updated Terms. We will endeavour to notify existing clients of material changes by email.

13.3 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be deemed severed from the Terms, and the remaining provisions will continue in full force and effect.

13.4 Waiver

Failure by either party to enforce any provision of these Terms will not constitute a waiver of that party's right to enforce that or any other provision in the future.

13.5 Force Majeure

Neither party will be liable for failure or delay in performing obligations where such failure or delay is due to circumstances beyond their reasonable control, including natural disasters, pandemics, internet outages, government restrictions, or actions of third-party platforms.

13.6 Relationship of Parties

Profit Pulse operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties.