Terms & Conditions

Welcome to Profit Enterprise. By engaging Profit Enterprise Pty Ltd (the "Company") for the 8-week program or ongoing month-to-month services (together, the "Services"), you (the "Client") agree to the following terms and conditions (the "Terms").

These Terms govern your use of this website (the "Site") and your participation in the Services. The Company is willing to provide the Services and access to its proprietary materials only on the condition that you accept these Terms. Please read them carefully before accessing or using any of the Company's proprietary materials — which includes any written, audio or visual presentation, document, template, framework or recording associated with the Services — or participating in any consulting session. If you do not understand or do not accept these Terms, do not access the Company's proprietary materials.

The Company may modify these Terms at any time by posting the updated version to the Site or giving notice by email. Your continued use of the Site or participation in the Services after that notice indicates you agree to the changes. Where a signed proposal or services agreement conflicts with these Terms, the signed document prevails for that engagement.

In consideration of the Client retaining the Company, it is agreed as follows.

1. Scope of Services

(a) Depending on the option purchased, the Services may include:

• A structured audit of your existing advertising account, creative and measurement setup, delivered as a written findings document with prioritised recommendations.
• Campaign strategy, account structure and campaign build across Meta and/or YouTube.
• Creative direction — concepts, scripts and briefs for video and static advertising.
• Tracking and measurement setup, including pixel and Conversions API configuration, event setup and UTM structure.
• Ongoing media buying, or a weekly review call plus written guidance where your team runs the buying.
• Weekly reporting and a review call for the duration of the engagement.
• Training and workshops for in-house marketing staff, where included in the proposal.

(b) The Services must be utilised during the paid engagement period. Unused calls, sessions or deliverables do not roll over beyond the engagement unless agreed in writing.

(c) Any additional services provided by the Company beyond the signed proposal may require additional fees, to be discussed and agreed upon by the parties in writing before the work begins.

(d) The Services are business and advertising consulting only. They are not financial, investment, legal, tax or accounting advice, and the Company is not a lender, financial adviser, broker or income opportunity. The Company does not provide, and the Services are not a substitute for, professional advice from a licensed adviser in those fields.

2. Client Duties

(a) Compensation. In consideration for the Services, the Client agrees to pay the Company the fee current at the time of joining, either as a single lump-sum payment or in the recurring instalments agreed at the time of purchase. You understand that you will not receive an invoice reminder for scheduled instalments. In the event that any authorised charge fails, you remain responsible for payment as agreed, together with any penalty fee under Section 2(b).

(b) Late payment fee. If any fee under Section 2(a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of that payment may be assessed. The Company reserves the right to restrict the Services, or suspend or terminate your participation, unless and until all outstanding fees and assessed penalties are paid in full.

(c) Payment security and chargebacks. Where the Client provides credit-card details for payment, the Company is authorised to charge that card for any unpaid amounts on the dates set out in the proposal. Where the Client uses a multiple-payment plan, the Company is authorised to make all charges as they fall due without requiring separate authorisation. The Client must not make any chargeback, or cancel or alter the card provided as security, without the Company's prior written consent. The Client is responsible for any fees associated with recouping payment on chargebacks and any associated collection costs, and must notify the Company in advance of any change to the card details provided.

(d) Advertising budget. Advertising spend paid to Meta, Google or any other platform is separate from the Company's fees and is paid by the Client directly to the platform. The Company does not hold, handle or bank client ad spend, and is not responsible for a platform's billing.

(e) Access, tools and information. The Client agrees to provide all access, tools, information and documentation reasonably required by the Company to perform the Services — including partner access to advertising accounts and analytics — and a point of contact able to approve creative and budget decisions.

(f) Participation. You understand that your result depends on your level of participation. To get the most out of the Services you must implement the strategies provided and make considerable effort toward your business during the engagement.

(g) Your own business. The Client is solely responsible for the accuracy, legality and substantiation of its own products, offers, pricing, claims, testimonials and landing pages, and for complying with the terms and advertising policies of every platform it advertises on.

3. Termination for unprofessionalism

The Company is committed to providing every client with a positive experience. By engaging the Company you agree that it may, at its sole discretion, terminate this agreement and limit, suspend or terminate your participation without refund or forgiveness of remaining instalments if you become disruptive or difficult to work with, fail to follow reasonable guidelines, breach the privacy or confidentiality of the Company or other participants, ask the Company to do anything unlawful or misleading, or otherwise impair the participation of other clients.

4. No refunds

5. No guarantees

There is no money-back guarantee. The Company makes no guarantee other than that the Services described in Section 1(a) and the signed proposal will be provided in accordance with these Terms, with due care and skill. You acknowledge that the Company cannot guarantee any result — including any level of sales, revenue, profit, cost per acquisition or return on advertising spend — as outcomes depend on factors that cannot be controlled by the Company, including your offer, pricing, margins, fulfilment, market conditions, competition, seasonality, account history, your own participation, and platform algorithm and policy changes.

Any figure, case study, past result or benchmark discussed is an illustration only and is not a promise or projection of your outcome. The Client agrees that the Company and its consulting team are not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any Services provided by the Company.

6. Platform decisions outside the Company's control

Advertising platforms may reject ads, restrict, suspend or permanently disable accounts, change policies, pricing, targeting or measurement, or make decisions with no avenue of appeal, at any time and for reasons they do not disclose. The Company is not responsible for any such decision or its consequences, including lost revenue or lost advertising spend, provided the Services were performed with due care. The Company will assist with appeals as a matter of service but cannot guarantee reinstatement.

7. Force majeure

The Company is not liable for failure or delay in performing its obligations where that failure or delay results from causes beyond its reasonable control and without its fault or negligence — including accident, illness, acts of God (fire, flood, earthquake, storm or other natural disaster), acts of war or terrorism, acts of government in its sovereign capacity, public health crisis, pandemic, epidemic, quarantine restrictions, unusually severe weather, nationalisation, sanction, blockade, embargo, labour dispute, strike, lockout, or interruption or failure of electricity, internet, hosting or telecommunications services.

Where any such event impedes or delays performance, the Company will make every reasonable effort to mitigate, modify or alter the arrangement so as to meet the agreed obligations, and will notify the Client promptly of the likelihood or occurrence of the event. If a force majeure event renders the Services null and void, the parties agree to terminate amicably, each bearing its own expenses incurred to that date unless otherwise agreed in writing.

8. Sickness and ill health

If performance of any obligation is prevented or delayed by sickness or ill health of the Company or any of its employees, agents or subcontractors, the Company will inform the Client as soon as reasonably practicable, and that sickness or ill health constitutes a force majeure event for the purposes of Section 7.

9. Recording, photo and video release

The Client understands that consulting calls and sessions may be recorded in video and audio. By participating you agree that the Company has the right and permission to make such recordings and to use them internally for delivery, record-keeping, quality assurance and improvement of the Services. Recordings are made available to the Client for review. Any external or promotional use of a recording, testimonial, result or likeness requires the Client's separate written consent.

10. Confidentiality

(a) Client information. All Client information and data of a confidential nature — including design, creative, marketing, sales, operating, performance, know-how, business and process information ("Confidential Information") — will be treated by the Company in the strictest confidence, and will not be disclosed to third parties or used for any purpose other than providing the Services without the Client's express written consent, other than to comply with law. Confidential Information does not include information that (a) becomes public through no breach by the Company, (b) was in the Company's possession before receipt, (c) is received independently from a third party free to disclose it, or (d) is independently developed without use of the Client's Confidential Information.

(b) Company information. The Client agrees to keep confidential any Confidential Information shared by the Company, its employees or contractors. Such information is confidential, proprietary and belongs solely and exclusively to the Company. The Client agrees not to disclose, reveal or make use of it other than for the purposes of the engagement.

(c) Non-disparagement. During and after the engagement, the Client will refrain from making statements or comments of a defamatory or disparaging nature to any third party regarding the Company or any of its officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. Nothing in this clause prevents either party from making a truthful report to a regulator or court.

(d) Violations. The Client agrees that if it violates, or displays any likelihood of violating, this Section 10, the Company will be entitled to seek injunctive relief to prohibit the violation and protect against its harm.

(e) This Section 10 survives termination.

11. Intellectual property

(a) Company IP. The Client agrees that the Company will share proprietary content ("Intellectual Property") owned solely by the Company and/or its licensors and protected by copyright, trade mark and other applicable laws — including frameworks, templates, scripts, training materials, processes and tools. The Company retains the sole right to use, reproduce and distribute that Intellectual Property worldwide in any medium, and grants the Client a licence to use it solely for the Client's own business purposes in connection with the engagement. The Client has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, licence, sell, loan or otherwise exploit the Intellectual Property, commercially or non-commercially. Any trade mark, service mark, logo or tagline used in connection with the Services is the property of the Company and may not be used without written permission.

(b) Client IP and deliverables. The Client retains ownership of its advertising accounts, its data, its brand and any materials it supplies. Creative concepts and assets produced specifically for the Client under an engagement are assigned to the Client once all related invoices are paid in full; until then the Client has a licence to use them only to run the campaigns the Company is managing. The Company retains its general know-how, methods and templates and remains free to use them in other engagements.

(c) No resale. The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Services or materials, or access to them. The engagement is not transferable or assignable without the Company's prior written consent.

12. Limitation of liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO THE CLIENT FOR ANY LOST INCOME OR PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO THE CLIENT EXCEED THE FEES PAID BY THE CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

(c) The Company is not liable for advertising spend placed by the Client on any platform, or for a platform's own acts, omissions, outages, billing or account decisions.

(d) The limitations in this Section 12 do not apply to a breach of confidentiality, or to the obligations under Sections 7 and 11. Nothing in these Terms excludes any liability that cannot lawfully be excluded, including under the Australian Consumer Law, or liability for fraud, wilful misconduct, or death or personal injury caused by negligence. Where permitted, the Company's liability for a failure to comply with a consumer guarantee is limited to re-supplying the services or paying the cost of having them re-supplied.

13. Indemnity

The Client indemnifies the Company against claims, losses and reasonable costs arising from the Client's own products, offers, claims or business practices, from materials the Client supplies, from the Client's breach of a platform's terms or of these Terms, or from the Client's infringement of a third party's rights — except to the extent caused by the Company's own breach, negligence or wilful misconduct.

14. Session procedures

Consulting and review sessions are conducted primarily by Zoom or an equivalent video platform at a pre-set time, and are recorded for the Client to access and review as needed. By engaging the Company you agree to be recorded. Please ensure you can be fully present on calls by eliminating distractions, so you get the full benefit of the time. Sessions missed without reasonable notice may not be rescheduled.

15. Subcontractors and relationship of the parties

The Company may use subcontractors, freelancers and service providers to perform parts of the Services, and remains responsible to the Client for the work they perform on its behalf. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship beyond the agreed Services. During the engagement and for 6 months after it ends, neither party will knowingly solicit the other's staff or subcontractors directly involved in the work.

16. Effect of headings

The subject headings of the sections and subsections of these Terms are included for convenience only and do not affect the construction or interpretation of any provision.

17. Entire agreement; modification; waiver

These Terms, together with the signed proposal and the Privacy Policy, constitute the entire agreement between the parties on their subject matter and supersede all prior and contemporaneous agreements, representations and understandings. The Company may amend these Terms at any time, effective on notice to you by posting to the Site or by email; your continued use of the Site or the Services after notice means you accept the amendments, and amendments do not alter a signed proposal already in effect. No waiver of any provision is a waiver of any other provision or a continuing waiver, and no waiver is binding unless made in writing by the party making it.

18. Assignment

These Terms bind and benefit the parties and their respective legal representatives, successors and assigns; provided that the Client may not assign any of its rights except to a wholly owned subsidiary of the Client, and no such assignment relieves the Client of any of its obligations or duties under these Terms.

19. Dispute resolution

If a dispute arises that cannot be resolved by mutual consent, the Client and the Company agree to attempt to resolve it in good faith, including by mediation, for up to 90 days after written notice of the dispute is given, before commencing proceedings (this does not prevent either party from seeking urgent interlocutory relief). If the dispute is not resolved and legal action follows, the prevailing party is entitled to recover its reasonable legal costs from the other party, to the extent permitted by law.

20. Severability and waiver

If any term, provision, covenant or condition of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, void or unenforceable, it is severed and the remainder of these Terms remains in full force and effect. The failure of either party to enforce any provision is not a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision.

21. Third-party platforms

This Site and the Services are not affiliated with, endorsed by or sponsored by Meta Platforms, Inc. or Google LLC. Facebook and Instagram are trademarks of Meta Platforms, Inc. YouTube and Google Ads are trademarks of Google LLC. Your use of those platforms is governed by their own terms and policies.

22. Governing law

These Terms and each engagement are governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any conflict-of-laws provisions, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

23. Contact

Profit Enterprise Pty Ltd
ABN 25 657 116 455 · ACN 657 116 455
32 Market Street, Wollongong NSW 2500, Australia
support@profitenterprise.com
Monday–Friday, 9:00–17:00 AEST