These Terms and Conditions govern the provision of digital marketing, Google Ads management, search engine marketing, and related digital services by Delphi Media Worldwide Pty Ltd (ACN: 698 884 712) trading as Delphi Media Worldwide to the client specified in our service agreement or Order Form.
By executing an Order Form, approving a Statement of Work (SOW), or utilizing our digital services, you unconditionally agree to be legally bound by these terms.
Real Estate Lead Generation: Services may include localized search campaigns, property-specific landing page optimization, geo-targeted display advertising, and remarketing designed to capture property listings, appraisals, or buyer leads.
Trade Services (Tradie) Lead Generation: Services focus on hyper-local “near me” emergency lead capture, call-only campaigns, Google Local Services Ads (LSA) optimization, and click-to-call digital setups.
Service Boundary: Delphi Media Worldwide manages ad optimization and traffic generation metrics only. We hold no liability for the conversion of leads into active property listings, property sales, or booked trade jobs by your internal sales teams.
Real Estate Legislation: The Client holds sole legal responsibility for ensuring all ad copy, property images, pricing representations, and destination landing pages comply with state-specific real estate legislation (including underquoting and misleading representation laws enforced by NSW Fair Trading, Consumer Affairs Victoria, QBCC, etc.).
Trade Licensing Requirements: The Client warrants that all advertised businesses and tradespeople hold valid, current state-based licenses, structural insurances, and registrations required to lawfully perform the advertised services (e.g., VBA, QBCC, NSW Fair Trading).
No Volume Guarantees: While we optimize for high-intent traffic, Delphi Media Worldwide explicitly disclaims any guarantees regarding the exact number of phone calls, appraisal bookings, leads, or closed revenue generated.
Management Service Fees: Fees for management are invoiced in advance on a recurring monthly or weekly cycle as per your Order Form, payable via Electronic Funds Transfer (EFT) or automated credit card deduction.
GST Treatment: All prices quoted are subject to 10% Australian Goods and Services Tax (GST), which will be clearly detailed on our standard Tax Invoices.
Late Payment Suspension: If an Agency invoice remains unpaid for more than 7 days past the due date, Delphi Media Worldwide reserves the right to immediately pause active Google Ads campaigns. We accept no liability for any resulting loss of leads, rankings, or business revenue during suspension.
Policy Compliance: All campaigns must adhere to Google’s standard advertising policies. Delphi Media Worldwide is not liable if Google flags, disapproves ads, or suspends an account due to policy updates or industry-wide shifts.
AI Asset Extraction: Google routinely utilizes automated AI crawlers to scan Client landing pages to auto-generate ad headlines and descriptions. The Client assumes full legal responsibility for the legal compliance and accuracy of all text extracted from their web URLs by Google’s automated features.
Identity Verification: The Client must complete and fund any mandatory Google Advertiser Identity Verification or Local Services Ads background checks required by Google to maintain active ad serving.
Client Account Access: Historical campaign structures, keywords, and configurations built within a Google Ads account owned directly by the Client remain the property of the Client upon termination, provided all outstanding Delphi Media Worldwide invoices are paid in full.
Proprietary Frameworks: Delphi Media Worldwide retains exclusive ownership of its internal operational strategies, custom trade industry scripts, proprietary tracking frameworks, landing page templates, and proprietary dashboard code.
Case Study License: The Client grants Delphi Media Worldwide a non-exclusive, royalty-free license to use anonymized performance metrics (e.g., “Generated 50+ plumbing leads in Sydney”) and brand logos for marketing and case study purposes.
Financial Liability Cap: To the maximum extent permitted under Australian Consumer Law (ACL), the total aggregate liability of Delphi Media Worldwide Pty Ltd for any breach, error, or omission is strictly limited to the total service fees paid by the Client to the Agency during the three (3) months immediately preceding the event giving rise to the claim.
Exclusion of Consequential Loss: Delphi Media Worldwide is not liable for any indirect, incidental, or consequential damages, including but not limited to lost property commissions, missed trade call-outs, algorithmic loss, or brand reputational damage.
Client Indemnification: The Client agrees to indemnify, defend, and hold harmless Delphi Media Worldwide Pty Ltd against any third-party legal actions, government fines, or consumer claims resulting from misleading price advertising, unlicensed trade operations, or copyright infringement on assets provided by the Client.
Standard Notice Period: Ongoing monthly management service contracts may be terminated by either party by providing a minimum of 30 days written notice prior to the commencement of the next billing cycle.
Immediate Termination Rights: Delphi Media Worldwide may terminate this agreement instantly if the Client engages in deceptive business practices, operates without valid industry licensing, or displays abusive behavior toward Agency personnel.
Offboarding Logistics: Handover documents and administrative account disconnection will occur seamlessly on the final calendar day of the formal notice period, subject to all account balances being zero.
Jurisdiction: This Agreement is governed by, and construed in accordance with, the laws of the State of New South Wales (NSW), Australia.
Dispute Resolution Protocol: Both parties agree to attempt to resolve any commercial conflict via direct executive negotiation and formal mediation before initiating court litigation in New South Wales.
