PARTIES

These Terms & Conditions apply between parties set out below that have mutually agreed by way of verbal agreement, phone call, email, text message or other form of communication to engage in advertising services. 

In this document, XLR8 Media is referred to as “Service Provider”, the business for services to be provided to will be referred to as the “Buyer”.

Together called “the Parties” and each “a Party”.

BACKGROUND

The Buyer wishes to engage the Service Provider to provide services and the Service Provider wishes to provide those services upon the Terms & Conditions set out below.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms & Conditions:

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales.

Buyer means the person who buys or agrees to buy the Services.

Confidential Information means any information about a Party, its operations, products and customers acquired by the other Party (or any of its employees or agents) whilst, or as a result of, performing the Services which is not in the public domain, other than as a result of breach of confidence.

Engagement Date means the date that the Buyer pays its first payment for the Services as set out in the Product Details.

Exclusive Position means the exclusive combination of the selected areas, suburbs or localities, industry or profession and keywords allocated to the Buyer for the Services.

Product Details means the document provided by the Service Provider to the Buyer detailing the product.

Service Provider means XLR8 Media (XLR8 Media Holdings Pty Ltd ATF Llewellin Family Trust ABN 75 533 606 065).

Services means those services set out in the Product Details.

Term means the period from the campaign start date to the Renewal Date set out in the Product Details.

Renewal Date means the campaign renewal date set out in the Product Details.

2. THE ENGAGEMENT

The Service Provider agrees to perform the Services for the Buyer as outlined in the written communication issued to the Buyer by the Service Provider. 

3. FEES AND INVOICING

3.1 The Buyer will pay the Service Provider the agreed fees as set out in the written communication and / or tax invoice issued by the Service Provider.

3.2 The fees payable to the Service Provider may be adjusted from time to time as agreed by the Parties in writing. 

3.3 The Service Provider will provide the Buyer with a tax invoice in a timely manner.

3.4 If GST is payable on any supply made under these Terms & Conditions, the Buyer must pay an amount equal to the GST payable on the supply. This GST component should be clearly noted on the tax invoice.

3.5 The Buyer must comply with the payment terms as set out in the written communication issued by the Service Provider.

3.6 Should the Buyer not make payment in accordance with the payment terms, the Service Provider is entitled to stop providing the Services until such time that any overdue payments have been made. 

3.7 Overdue Payments 

(a) If any invoice issued by the Service Provider remains unpaid for more than 14 days beyond the stated payment terms (either upfront payment in full or any instalment due under an agreed payment plan), the amount will be deemed “overdue”. 

(b) Overdue amounts may incur interest at the rate of 10% per annum calculated daily from the original due date until payment is received in full. 

(c) The Buyer agrees that the Service Provider may take all reasonable steps to recover overdue amounts, including issuing formal payment demands. 

(d) Without further notice to the Buyer, the Service Provider may refer the overdue debt to an external collections or debt-recovery agency. 

(e) The Buyer acknowledges and agrees that any costs, commissions, interest or fees charged by an external collections agency in recovering the overdue amount will be payable by the Buyer in addition to the original invoice value. 

(f) Referral of an overdue debt to an external collections agency does not limit any other rights the Service Provider has under these Terms & Conditions or at law.

4. SERVICE PROVIDER’S OBLIGATIONS AND WARRANTIES

4.1 The Service Provider warrants and represents that throughout the Term:

(a) there are no legal restrictions preventing it from performing the Services;

(b) it is duly qualified to perform the Services;

(c) in performing the Services it will act with due care and skill;

(d) it will re-perform any defective or non-conforming Services;

(e) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in performing the Services;

(f) it is not aware of any actual or potential conflict of interest in it providing the Services (unless otherwise agreed in writing with the Buyer);

(g) it has a valid ABN which has been advised to the Buyer; 

5. PRIVACY

In performing the Services, the Service Provider agrees to comply with the Australian privacy principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or Privacy Guidelines, including the Service Provider’s Privacy Policy.

6. COOLING-OFF PERIOD

6.1 The Buyer can change its mind and cancel for any reason without penalty within 10 business days from the Engagement Date. Any fees paid by the Buyer during this period will be refunded or credited to the Buyer.

7. RENEWAL

7.1 The Services will be available for renewal on the Renewal Date as outlined in the Product Details.

7.2 Any renewal of the Services is not automatic. The Service Provider will contact the Buyer by phone call, email, text message or other form of communication to ask whether the Buyer would like to renew the Services.

7.3 The Services will not continue unless the Buyer states by way of verbal agreement, phone call, email, text message or other form of communication that the Buyer would like to continue.

7.4 No further fees beyond the initial Term will be invoiced or processed by the Service Provider, unless the Buyer has agreed to do so.

7.5 If the Buyer has not confirmed whether they would like to renew the Services within 10 business days from the date that the Service Provider has contacted the Buyer regarding the renewal, the Exclusive Position set out in the Product Details will be forfeited by the Buyer and become available to the market.

7.6 There is not an option for the Buyer to keep the exclusive position on hold at the end of the campaign to continue at a later date, the Buyer must continue with a consecutive campaign within 10 business days from the Renewal Date in order to retain the Exclusive Position.

8. FIRST PAGE OF GOOGLE GUARANTEE

8.1 The Service Provider guarantees the Buyer’s ad/s will appear on the first page of Google for the duration of the Term.

8.2 In the event the Buyer cannot see the Buyer’s ad/s on the first page of Google during the Term, the Buyer should immediately contact the Service Provider to troubleshoot the issue over the phone or by email. The troubleshooting procedure will include ensuring that the Buyer is searching on the correct search engine and using keywords that are included in the Services. 

8.3 The Buyer is entitled to request a copy of the Google Ad Preview and Diagnosis Tool from the Service Provider which will outline whether the ad is showing.

 8.4 In the event that the Buyer’s ads are not appearing on the first page of Google due to an unforeseen circumstance, the Service Provider will extend the Renewal Date by the number of days the ad/s were not on the first page of Google.

8.5 In the event that a website link is no longer available due to an unforeseen circumstance such as the website is offline, or restriction of Google Ads services by a third party, the Service Provider will find a suitable alternative. The Service Provider will notify the Buyer as soon as practicable to advise them of this and discuss if they are happy with the change of link, or whether the Buyer has a preferred alternate link. 

9. FORCE MAJEURE

If performance of the Services or any obligation under these Terms & Conditions is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (Force Majeure), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event.  

The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages.  

The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

10. AMENDMENTS

We may, at any time and at our discretion, vary these Terms & Conditions by publishing the amended Terms & Conditions on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms & Conditions.

For any questions, please contact us on: info@xlr8.media

 

Last update: 7 January 2026