Last updated: 5 October 2026

These Terms and Conditions ("Terms") govern your use of the Axion Ads website and the marketing, lead generation, AI automation and AI outreach services provided by Axion Ads ("Axion", "we", "us" or "our") to you ("you" or the "Client").

By using our website, booking a call, or engaging us to provide services, you agree to these Terms. If you are accepting these Terms on behalf of a business, you confirm you are authorised to bind that business. If you have signed a separate proposal, statement of work or service agreement with us (a "Proposal"), the Proposal forms part of these Terms and prevails to the extent of any inconsistency.

1. Our services

Axion is a social media marketing agency. Depending on the package set out in your Proposal, our services may include:

• strategy, creative and content production for paid social media advertising;
• setting up and managing ad campaigns on platforms such as Facebook, Instagram, Google and TikTok;
• building landing pages, sales funnels and lead capture forms;
• AI-powered lead handling, including instant responses, qualification, follow-up and appointment booking via chat, SMS, email and voice;
• CRM setup, pipelines and workflow automations;
• AI-assisted outreach campaigns; and
• reporting and performance analysis.

The specific scope, deliverables, timeframes and fees for your engagement are set out in your Proposal. Work outside that scope may be charged separately, and we will let you know before doing it.

2. Strategy and demo calls

Free strategy, audit or demo calls are provided for general information only and without obligation. Any recommendations, estimates or projections we share on these calls are based on the information available at the time and are not a guarantee or a binding offer. Bookings are made through a third-party scheduling tool and are subject to that provider's terms.

3. Your responsibilities

To allow us to deliver the services, you agree to:

• provide accurate, complete and up-to-date information about your business, services, pricing, service areas, licences and qualifications;
• give us timely access to the accounts, assets, content and approvals we reasonably need (for example, ad accounts, Facebook Business Manager, domains, CRM and calendars);
• ensure you own or have permission to use all content you supply (including photos, videos, logos, testimonials and customer data), and that it does not infringe anyone's rights;
• review and approve ad copy, offers, AI scripts, prompts, knowledge-base content and message templates before they go live, and tell us promptly if anything is inaccurate;
• ensure all claims about your business are true and not misleading, and that you hold any licences or registrations required to perform the work you advertise;
• respond to and follow up Leads promptly – the quality of Leads quickly deteriorates if they are not contacted;
• comply with all laws that apply to your business, including the Australian Consumer Law, the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth); and
• have your own privacy policy that covers the Lead information we collect and pass to you.

We are not responsible for delays or reduced performance caused by your failure to meet these responsibilities.

4. Ad spend and third-party platforms

Unless your Proposal says otherwise, advertising spend is not included in our fees and is paid by you directly to the advertising platform. You remain responsible for all ad spend charged to your accounts.

Our services rely on third-party platforms and tools (including advertising networks, CRMs, telephony and SMS providers, AI model and voice providers, and scheduling tools) that we do not control. These platforms may change their features, pricing, algorithms or policies, reject ads, restrict or suspend accounts, or experience outages. We will work with you to resolve such issues where possible, but we are not liable for the acts or omissions of third-party platforms. Your use of those platforms is also subject to their own terms.

Where software, phone numbers, SMS, call minutes, AI usage or similar costs are passed through to you, these will be described in your Proposal or agreed with you in advance.

5. AI automations and lead handling

Our lead-handling services use artificial intelligence and automation to respond to, qualify, follow up and book appointments with Leads on your behalf. You acknowledge and agree that:

• AI is not perfect. AI systems can misunderstand questions, produce inaccurate, incomplete or unexpected responses, or fail to respond. We configure, test and monitor our automations using reasonable care and skill, but we cannot guarantee that every AI interaction will be accurate or error-free, and not every conversation is reviewed by a human in real time.
• You control the information it relies on. AI assistants respond based on the information, prompts and rules you approve. You must keep that information (such as pricing, service areas, availability and policies) accurate and tell us promptly about changes.
• No binding quotes. AI assistants must not be configured to make binding quotes, contracts, guarantees or representations on your behalf. Any pricing or scope information they give is indicative only, and you are responsible for confirming quotes directly with your customers.
• Transparency. Our AI assistants are configured to identify themselves as automated where required by law or where it is reasonably expected, and to hand a conversation to a person on request. You must not ask us to configure an AI assistant to deny it is an AI.
• Call recording. Where AI voice agents record or transcribe calls, we will configure an appropriate notice at the start of the call. You must not ask us to record calls without notice where notice or consent is required by law.
• Lead qualification. Lead scoring and qualification criteria are agreed with you. A Lead marked as "qualified" or "quote-ready" means it met those criteria at the time; it is not a guarantee that the person will proceed, accept a quote or become a customer.
• Prohibited uses. You must not use our automations for unlawful, deceptive, harassing or discriminatory purposes, or to collect sensitive information without our written agreement.

6. AI outreach and compliance

Where we run outreach campaigns (by email, SMS, phone, social media messaging or other channels) on your behalf:

• you are the sender of the messages and are responsible for the offers and claims they contain, which you will approve before launch;
• if you supply a contact list, you warrant that it was lawfully collected, that you have the consent required under the Spam Act 2003 (Cth) to send commercial electronic messages to those contacts, and that numbers called have been checked against the Do Not Call Register where required;
• every commercial message will identify you as the sender and include a functional unsubscribe or opt-out mechanism, and opt-outs will be actioned within 5 business days and must be honoured across all your campaigns;
• outreach volumes, sending domains and platform limits will be managed to protect deliverability and comply with platform rules; and
• we may pause, modify or refuse any campaign, message or list that we reasonably believe could breach the law, a platform's policies or these Terms, or damage your or our reputation.

Our outreach services do not include purchasing or scraping personal information in breach of the law or of any website's or platform's terms.

7. No guarantee of results

We will provide our services with due care and skill and use our expertise to achieve the best outcomes we reasonably can. However, advertising and outreach results depend on many factors outside our control, including your offer, pricing, reviews, reputation, budget, market conditions, competition, seasonality, platform algorithms and how quickly and effectively you follow up Leads.

Accordingly, unless expressly stated in writing in your Proposal, we do not guarantee any particular number or quality of Leads, cost per Lead, appointments, conversion rate, sales, revenue or return on investment. Any projections, case studies or examples of past results are illustrative only and do not guarantee future performance.

8. Fees and payment

• Fees are set out in your Proposal. Unless stated otherwise, fees are in Australian dollars, exclusive of GST, and recurring fees are invoiced monthly in advance.
• Setup or onboarding fees are payable before work begins and are non-refundable once work has started.
• Invoices are payable within 7 days unless your Proposal states otherwise. If payment is overdue, we may pause campaigns and automations until the account is brought up to date, and may recover reasonable collection costs.
• We may change our fees by giving you at least 30 days' written notice. Changes will not apply to a fixed or minimum term already agreed.
• Except as required by law (including the Australian Consumer Law) or stated in your Proposal, fees paid are not refundable.

9. Term, cancellation and termination

Your engagement starts on the date set out in your Proposal and continues for any minimum term stated in it, then continues month to month until cancelled. Unless your Proposal says otherwise, either party may cancel by giving 30 days' written notice, which may expire after the end of any minimum term.

Either party may terminate immediately by written notice if the other party materially breaches these Terms and does not fix the breach within 14 days of being notified, or becomes insolvent. We may also suspend or terminate services immediately if you use them for an unlawful purpose or in a way that exposes us to legal or platform risk.

On cancellation or termination:

• you must pay all fees for services provided up to the end of the notice period, plus any remaining fees for an agreed minimum term (except where we terminate for convenience or you terminate for our breach);
• ad accounts, pages, domains and customer data that belong to you remain yours, and we will remove our access on request;
• automations, AI assistants, workflows and phone numbers hosted on our accounts will be switched off unless we agree in writing to transfer them; and
• we will provide an export of Lead data we hold on your behalf on request made within 30 days, after which we may delete it.

10. Intellectual property

You retain ownership of all content, branding and data you provide to us ("Client Materials"). You grant us a non-exclusive licence to use Client Materials to provide the services.

We retain ownership of our pre-existing and generally applicable materials, including our templates, funnel frameworks, automation workflows, AI prompts, scripts, configurations, know-how and systems ("Axion Materials"). Once you have paid in full, you own the final ad creative and copy produced specifically for you, and you receive a non-exclusive licence to use any Axion Materials incorporated in it for your own business.

Unless you ask us not to, we may refer to you as a client and showcase non-confidential work and anonymised results in our marketing.

11. Confidentiality and data

Each party must keep the other party's confidential information confidential and use it only for the purposes of the engagement, except where disclosure is required by law. This obligation survives termination.

We handle personal information, including Lead data we collect and process on your behalf, in accordance with our Privacy Policy. Each party must comply with its obligations under applicable privacy laws. We use third-party AI and software providers to deliver the services, which may involve storing or processing data outside Australia, as described in our Privacy Policy.

12. Use of our website

The content on our website is general information only and may change without notice. You must not misuse the website, including by attempting to gain unauthorised access, introducing malicious code, or scraping or copying its content for commercial purposes. Our website may link to third-party websites, which we do not control and for which we are not responsible.

13. Liability and indemnity

To the maximum extent permitted by law:

• where our liability for failing to comply with a consumer guarantee can be limited, it is limited (at our option) to supplying the services again or paying the cost of having them supplied again;
• our total liability to you arising out of or in connection with the services or these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid us in the 3 months before the event giving rise to the claim;
• we are not liable for any indirect or consequential loss, or for loss of profit, revenue, opportunity, goodwill or data; and
• we are not liable for loss caused by third-party platforms, ad spend decisions you approve, content or information you supply, AI output you approved or failed to correct, or your failure to follow up Leads or comply with the law.

You indemnify us against any claim, loss, penalty or cost (including reasonable legal costs) arising from Client Materials, contact lists or data you supply, your breach of these Terms, or your breach of any law, except to the extent caused by our own negligence or breach.

14. General

• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform outages, internet failures, natural disasters or government action (this does not affect your obligation to pay fees for services provided).
• Contractors. We may use contractors and third-party providers to deliver the services and remain responsible for their work.
• Changes to these Terms. We may update these Terms from time to time by publishing a new version on this page. For active clients, material changes will apply from the next billing period after we notify you.
• Disputes. If a dispute arises, the parties will first try in good faith to resolve it through discussion before starting proceedings (except for urgent interim relief).
• Governing law. These Terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Victoria.
• Severability and waiver. If any part of these Terms is invalid or unenforceable, it will be read down or severed and the rest will continue to apply. A failure to enforce a right is not a waiver of it.

15. Contact us

If you have any questions about these Terms, please contact us: