Lead Creation’s guarantee and services are subject to the following terms and conditions and are available for our customers who happily pay our fees with the belief that our services will effectively meet their intended purposes. Therefore all fees must be paid on time and in full to allow for our services to be proven to the full extent that they possibly can.
The law of the Commonwealth of Australia govern these terms and conditions. By contracting to use our services you consent to these Terms and Conditions and to the exclusive jurisdiction of the Commonwealth of Australia and NSW State Courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason, including but not limited to the exclusions and limitations set out below, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Lead Creation to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Lead Creation.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements. “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Lead Creation’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Lead Creation. “Party”, “Parties” or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or her/she or they, are taken as interchangeable and therefore as referring to same. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting your needs in respect to Lead Creation’s stated services and products, in accordance with and subject to, prevailing Australian Law.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within Lead Creation on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data as per Part 6 of the Crimes Act 1900. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Read our full privacy statement.
Privacy also includes and is not limited to social networks. Therefore damages and liability is also included and not limited to indemnification of our name on social networks.
Confidentiality
As per the Commonwealth Privacy Act 1998, any information concerning the Client and their respective Client Records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any documents issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Lead Creation will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on our websites is provided on an “as is” basis. To the fullest extent by law, Lead Creation:
- excludes all representations and warranties provided by any affiliates or any other third party of Lead Creation, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of thing or you have advised Lead Creation of the possibility of such potential loss), damage caused to your computer software, systems and programs and the data thereon or any other direct or indirect, consequential or incidental damages.
Payment
Electronic Funds Transfer (EFT) or Cheque are all acceptable methods of payment for our services. Our terms of payment often follow multiple stages, whereby payments are always made prior to the commencement of the work involved in that stage. During Lead Creation’s first meeting with the Client we will verbally decide on a set of deliverables for each stage, whereby there is no formal agreement thereby not binding either party and providing both parties with contractual flexibility throughout the stages. A three stage project’s payments typically involve:
Stage ONE: Lead Creation expects payments for the first stage to be made in advance as these are needed to finance the commencement of the Client’s project(s) which involves setting up the Client’s marketing strategy. As per the terms and conditions of payment, the Client is required to pay for this stage prior to its commencement and is given 7 days to pay in full for stage ONE.
Stage TWO: This stage involves development and completing the Client’s second stage of work as laid out in the initial strategy meeting. Work often includes compiling and composing their copy writing and website. As per the terms and conditions of payment, the Client is required to pay for this stage prior to its commencement and is given 7 days to pay in full for stage TWO.
Stage THREE: This stage involves executing the Client’s ongoing strategy and final implementation of work, often including SEO and AdWords and finalising the complete project. As per the terms and conditions of payment, the Client is required to pay for this stage prior to its commencement and is given 7 days to pay in full for stage THREE.
Lead Creation reserves the right to suspend all our services until payment for the stages have been made and all work remains the property of Lead Creation until the service is complete and payments have been made in full.
Lead Creation also reserves the right to seek recovery of any finances remaining unpaid thirty days from the date of invoice via collection Agencies and/or through the NSW Small Claims Tribunal in the event that the outstanding balance does not exceed $3,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Cancellation Policy & Termination of Agreements
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. However, minimum 48 hours notice of cancellation is required. Notification for instance, in person, via email, mobile and/or fax or other means will be accepted subject to confirmation in writing. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any finances that have been paid to use which constitute payment in respect of the provision of unused Services, may be refunded dependent on the level of work that has been put into Services that are partially complete.
Lead Creation’s Refund Policy
The Lead Creation Guarantee is subject to the following details:
Lead Creation guarantees their Clients that all services will be provided with due care and skill, fit for the proposed purpose and delivered within a reasonable time, when no time is set.
Due Care and Skill: Lead Creation guarantees to use an acceptable level of skill or technical knowledge when providing services and to take all necessary care to avoid loss or damage when providing the service.
Fit for purpose: Lead Creation guarantees that our services will be reasonably fit for the purpose as specified by the Client and that any resulting production will also be fit for such purpose. Lead Creation also guarantees that our services, and any resulting products, are of a standard expected to achieve the results the Client specified they wanted.
Reasonable time, if not time is set: A contract or agreement for the supply of Lead Creation’s services usually states when the services will be provided and the date they will be completed. If not, then we automatically guarantee to supply the service within a reasonable time. What is reasonable will depend on the nature of the services that have been agreed upon.
Lead Creation’s Guarantee however does not protect the Client if they did not rely, or it was unreasonable for them to rely, on our skill or judgement when agreeing to particular services.
The Lead Creation Guarantee is subject to the following limitations:
In entering an agreement to engage in Lead Creation’s services the Client is expected to agree or draft a contractual proposal detailing the purposes, objectives and forecasted effects of the company’s services.
In the event that the Client is not 100% satisfied with Lead Creation’s services, they must provide a report detailing the inadequacies of Lead Creation’s services. If it is intended that the Client requests their money back, they must include the amount and detail in full the reasons for which they would like to claim their money back.
Upon receiving this claim Lead Creation is given the opportunity to rectify any inadequacies or errors in their services, before complying with any money back guarantee. This includes detailing reasonable time and allowing for that time.
If inadequacies of Lead Creation’s services are due to reasonable time not being met and it can be proven that deadlines have not been met by the Client, then no refunds shall be given.
If in the event Lead Creation is unable to fulfil the stated objectives of the Client’s proposal to a reasonable level, then the Client is entitled to a make a claim for refund as listed above.
A Client who exercises Lead Creation’s Refund Guarantee due to unsatisfactory services thereby cancels their contract making them subject to the following conditions:
All rights and ownership over Lead Creation’s services and products are returned to Lead Creation and are not permitted to be used by the Client in present or future.
All of Lead Creations services are protected by copyright and any breach of this subjects the offender to be prosecuted under the Commonwealth’s Copyright Act 1968.
Any breach of these conditions gives Lead Creation the right to engage in civil proceedings against the offender.
If it is found that the Client making the claim has:
- made this claim with the intention of continuing use of Lead Creation’s products or services after the fact; or
- has signed into the contract with no intention of completing the project and making a claim; or
- has made a claim, when inadequacies or breaks in reasonable time are due to their part; then
Lead Creation reserves the right to claim for any damages incurred, as well as loss of time and report the matter under the Australian Crimes Act 1914 for the intention benefit by deception (fraud).
Links to Lead Creation’s Websites
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to Lead Creation’s services and the full content of this website.
Communication
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via our telephone number (02) 9281 1776.
Lead Creation Pty Ltd is registered in New South Wales, Australia:
Suite 1A7, 410 Elizabeth Street
Surry Hills, NSW 2010
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil authority, uprising, earthquake, flood or any other natural or manmade eventuality outside our control, which causes the frustration of an agreement of contract entered into, now which could have been reasonable foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and condition of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by bother Parties.
Notification of Changes
Lead Creation reserves the right to change these conditions from time to time as it sees fit and your continuous use of our websites will signify your acceptance of any adjustments to these terms. If there are any changes to our privacy policy we will announce that these changes have been made on our home page and on our other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These Terms and Conditions form part of the Agreement between the Client and ourselves. Your undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer of Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights under Commonwealth and State legislation are unaffected.