Terms and Conditions

Last Updated: September 12, 2026

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FocusPathAds ("Company," "we," "us," or "our") governing your access to and use of the website https://focuspathads.com and our performance marketing services.

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.

2. Definitions

• "Services" refers to all performance marketing solutions, consulting, advertising management, and related services provided by FocusPathAds.
• "Client" means any individual or entity that enters into an agreement with FocusPathAds for services.
• "Campaign" means any marketing or advertising initiative conducted on behalf of the Client.
• "Content" includes all text, graphics, images, data, and materials on our website or provided through our services.
• "Agreement" refers to these Terms together with any service agreements, proposals, or contracts entered into between the parties.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business or organization
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations

By using our services, you represent and warrant that you meet these eligibility requirements.

4. Services Description

FocusPathAds provides performance marketing services including but not limited to:

• Digital advertising campaign management
• Pay-per-click (PPC) advertising
• Social media marketing
• Search engine marketing (SEM)
• Display advertising
• Conversion rate optimization
• Marketing analytics and reporting
• Strategic consulting and planning
• Landing page development and optimization
• Audience targeting and segmentation

Specific services will be detailed in individual service agreements or proposals.

5. Account Registration and Security

To access certain features of our services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

6. Client Responsibilities

As a client, you are responsible for:

• Providing accurate information about your business, products, and services
• Supplying necessary materials, assets, and access required for campaign execution
• Ensuring all provided content complies with applicable laws and regulations
• Obtaining necessary rights and permissions for all materials you provide
• Responding to our requests for information or approvals in a timely manner
• Reviewing and approving campaigns before launch (where applicable)
• Maintaining adequate budget and payment arrangements
• Complying with platform policies of advertising networks (Google Ads, Facebook Ads, etc.)

7. Payment Terms

7.1 Fees and Pricing

Fees for our services will be specified in individual service agreements or proposals. Our pricing may be structured as:

• Fixed monthly retainers
• Percentage of advertising spend
• Performance-based fees
• Project-based fees
• Hourly rates
• Hybrid models combining the above

7.2 Invoicing and Payment

• Invoices will be issued according to the agreed payment schedule
• Payment is due within the timeframe specified on the invoice (typically 14-30 days)
• Accepted payment methods include credit cards, bank transfers, and other approved methods
• Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law
• We reserve the right to suspend services for overdue accounts

7.3 Advertising Spend

Unless otherwise agreed, advertising spend (media costs paid to platforms like Google, Facebook, etc.) is separate from our service fees and will be billed directly to you or reimbursed to us promptly.

7.4 Taxes

All fees are exclusive of applicable taxes, duties, and levies (including but not limited to VAT, GST, and sales tax), which will be added to invoices as required by law.

8. Service Level and Performance

We commit to:

• Applying professional skill and care in delivering services
• Using industry-standard tools and methodologies
• Providing regular reporting and communication
• Continuously optimizing campaigns based on performance data
• Adhering to platform policies and advertising guidelines

9. Intellectual Property Rights

9.1 Company IP

All intellectual property rights in our website, services, methodologies, tools, templates, and proprietary processes remain the exclusive property of FocusPathAds. This includes:

• Trademarks, logos, and brand materials
• Proprietary software and algorithms
• Marketing strategies and methodologies
• Templates and frameworks
• Website content and design

9.2 Client IP

You retain all intellectual property rights to materials you provide to us, including:

• Brand assets and trademarks
• Product images and descriptions
• Existing marketing materials
• Business information and data

9.3 Campaign Materials

Ownership of campaign materials (ad copy, creative assets, landing pages) created during service delivery will be addressed in individual service agreements. Generally:

• Upon full payment, you receive a license to use campaign materials
• We may retain the right to use campaign materials for portfolio and case study purposes (with your approval)
• Stock images, fonts, or third-party assets are subject to their respective licenses

10. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the business relationship, including:

• Business strategies and plans
• Financial information
• Customer data and lists
• Proprietary methodologies and processes
• Campaign performance data

This obligation survives the termination of our agreement and does not apply to information that is publicly available or independently developed.

11. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including:

• Australian Privacy Principles (APP) under the Privacy Act 1988
• General Data Protection Regulation (GDPR) where applicable
• California Consumer Privacy Act (CCPA) where applicable

By using our services, you agree to our collection and use of information as described in our Privacy Policy.

12. Advertising Platform Compliance

All campaigns must comply with the policies and guidelines of advertising platforms including:

• Google Ads policies
• Facebook/Meta advertising policies
• LinkedIn advertising guidelines
• Other platform-specific requirements

You acknowledge that:

• Platform policies may change without notice
• Ads may be disapproved or accounts suspended for policy violations
• We are not responsible for platform policy enforcement decisions
• You will cooperate in addressing any policy compliance issues

13. Prohibited Uses

You agree not to use our services for:

• Any illegal, fraudulent, or unauthorized purpose
• Promoting illegal products, services, or activities
• Infringing on intellectual property rights of others
• Distributing malware, viruses, or harmful code
• Harassing, abusing, or harming others
• Collecting personal information without consent
• Manipulating or gaming advertising platforms
• Promoting deceptive, misleading, or false content
• Violating any applicable laws or regulations

14. Term and Termination

14.1 Term

Service agreements commence on the effective date specified and continue for the agreed term (monthly, quarterly, annually, or project-based).

14.2 Termination for Convenience

Either party may terminate ongoing services with written notice as specified in the service agreement (typically 30 days). Early termination may be subject to:

• Payment of fees for work completed
• Early termination fees (if specified in agreement)
• Minimum commitment periods

14.3 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 15 days of notice
• Becomes insolvent or files for bankruptcy
• Engages in illegal activities
• Violates platform policies resulting in account suspension

14.4 Effect of Termination

Upon termination:

• Client must pay all outstanding fees and expenses
• We will provide final reports and transfer campaign ownership as agreed
• Access to our tools and platforms will be discontinued
• Confidentiality obligations continue
• Active campaigns will be paused or transferred according to agreement

15. Limitation of Liability

Some jurisdictions do not allow limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless FocusPathAds, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Content or materials you provide to us
• Your use of our services
• Your advertising campaigns or business practices

17. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of results

We do not warrant that our services will meet your specific requirements or achieve particular results.

18. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Pandemics or public health emergencies
• Internet or telecommunications failures
• Third-party platform outages or policy changes

19. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification to active clients

Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must discontinue using our services.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Northern Territory of Australia, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in the Northern Territory, Australia.

21. Dispute Resolution

Before initiating formal legal proceedings, the parties agree to:

• Negotiate in good faith to resolve disputes
• Consider mediation as an alternative dispute resolution method
• Maintain confidentiality during dispute resolution proceedings

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

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

23. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

24. Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets with notice to you.

25. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and FocusPathAds regarding the use of our services and supersede all prior agreements and understandings.

26. Contact Information

For questions or concerns regarding these Terms, please contact us:

FocusPathAds
331C Mills Broadway
Elliemouth, NT 6164
Australia

Phone: +61249436733
Email: legal@focuspathads.com

27. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You represent that you have the authority to enter into this agreement on behalf of yourself or your organization.