Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Boost Aether Pty Ltd (ABN: 12 345 678 901) ("we", "us", or "our") regarding your use of our website, services, and digital marketing solutions.

By accessing our website at boost-aether.com or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services Description

Boost Aether provides digital marketing services specifically designed for automotive dealerships, including but not limited to:

• Search Engine Optimization (SEO)
• Social Media Marketing and Management
• Pay-Per-Click (PPC) Advertising
• Lead Generation and Conversion Optimization
• Content Marketing and Creation
• Website Design and Development
• Analytics and Reporting
• Digital Marketing Consulting and Strategy

Specific services will be detailed in individual service agreements or statements of work executed between the parties.

3. Eligibility and Registration

Our services are intended for businesses and individuals who:

• Are at least 18 years of age
• Have the legal authority to enter into contracts
• Operate or are affiliated with automotive dealerships
• Provide accurate and complete registration information

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Service Agreement and Scope

4.1 Service Commencement

Services begin upon execution of a service agreement and receipt of initial payment, unless otherwise specified. Service timelines and deliverables will be outlined in individual project agreements.

4.2 Performance Standards

We commit to providing services with professional competence and in accordance with industry best practices. However, we do not guarantee specific outcomes such as:

• Search engine rankings
• Website traffic volumes
• Lead generation quantities
• Sales conversions or revenue increases

4.3 Client Responsibilities

To ensure effective service delivery, you agree to:

• Provide timely access to necessary accounts and platforms
• Supply accurate business and brand information
• Respond promptly to requests for feedback and approvals
• Maintain current contact information
• Comply with applicable laws and platform policies

5. Payment Terms

5.1 Pricing and Billing

Service fees are as specified in individual service agreements. Unless otherwise stated:

• Setup fees are due upon service commencement
• Monthly recurring fees are billed in advance
• Project-based fees follow payment schedules in service agreements
• All fees are exclusive of applicable taxes

5.2 Payment Methods

We accept payment via:

• Credit card (Visa, Mastercard, American Express)
• Bank transfer (Australian bank accounts)
• Direct debit arrangements

5.3 Late Payments

Late payments may result in:

• Suspension of services after 7 days
• Late fees of 1.5% per month on overdue amounts
• Termination of services after 30 days
• Collection activities and associated costs

5.4 Refund Policy

Refunds are provided in accordance with our specific refund policy:

• Setup fees are non-refundable once services commence
• Monthly fees may be refunded on a pro-rata basis for unused periods
• Project fees are refunded based on work completed
• Advertising spend is non-refundable

6. Intellectual Property Rights

6.1 Our Intellectual Property

We retain ownership of:

• Our methodologies, processes, and proprietary tools
• Template designs and frameworks
• Software and technical platforms
• Training materials and documentation

6.2 Client Intellectual Property

You retain ownership of:

• Your business name, logos, and trademarks
• Existing marketing materials and content
• Business-specific data and information
• Customer lists and proprietary business information

6.3 Work Product

Unless otherwise specified, you will own:

• Custom-created content and materials
• Campaign-specific creative assets
• Data and insights specific to your business
• Website designs and custom developments

6.4 License Grant

You grant us a limited, non-exclusive license to use your intellectual property solely for the purpose of providing our services and creating anonymous case studies (with your consent).

7. Confidentiality and Data Protection

7.1 Confidential Information

Both parties agree to maintain confidentiality of:

• Business strategies and marketing plans
• Financial information and performance data
• Customer lists and contact information
• Proprietary processes and methodologies

7.2 Data Protection

We handle your data in accordance with our Privacy Policy and applicable Australian privacy laws. We implement appropriate security measures to protect your information from unauthorized access, use, or disclosure.

7.3 Data Retention

We retain your data for the duration of our service relationship plus a reasonable period thereafter for legal and business purposes, unless you request earlier deletion.

8. Service Limitations and Disclaimers

8.1 Digital Marketing Inherent Risks

You acknowledge that digital marketing involves inherent risks including:

• Algorithm changes by search engines and social platforms
• Market competition and industry fluctuations
• Technical issues with third-party platforms
• Seasonal variations in performance

8.2 Third-Party Platforms

Our services often rely on third-party platforms (Google, Facebook, etc.). We are not responsible for:

• Platform policy changes or account suspensions
• Technical issues or downtime
• Changes to terms of service or pricing
• Data loss or security breaches on these platforms

8.3 Disclaimer of Warranties

Except as expressly stated, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Uninterrupted or error-free operation
• Specific results or performance metrics
• Compatibility with all systems or platforms

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid by you for services in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for lost profits, revenue, data, or business opportunities
• You acknowledge that these limitations are reasonable given the nature of digital marketing services

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless Boost Aether, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your breach of these Terms or applicable laws
• Your use of our services in an unauthorized manner
• Content or materials you provide that infringe third-party rights
• Your business operations or marketing claims
• Any negligent or wrongful acts by you or your employees

11. Termination

11.1 Termination by Client

You may terminate services by providing 30 days written notice. Upon termination:

• You remain liable for all fees incurred through the termination date
• We will provide final reports and transfer applicable assets
• Monthly subscriptions will not auto-renew
• Project work will be completed or stopped as agreed

11.2 Termination by Boost Aether

We may terminate services immediately if:

• You materially breach these Terms
• Payment is overdue by more than 30 days
• You engage in illegal or unethical business practices
• Your business model conflicts with our values or policies

11.3 Effects of Termination

Upon termination:

• All access to our systems and services will cease
• Outstanding invoices become immediately due
• Confidentiality obligations continue indefinitely
• You may request data export within 30 days

12. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, pandemics, or health emergencies
• Government actions, laws, or regulations
• Internet outages or infrastructure failures
• Third-party platform disruptions
• Labor disputes or supplier failures

The affected party will notify the other promptly and use reasonable efforts to minimize the impact.

13. Dispute Resolution

13.1 Informal Resolution

Before pursuing formal dispute resolution, parties agree to attempt good faith negotiations for at least 30 days.

13.2 Mediation

If informal resolution fails, disputes will be submitted to mediation under the Australian Commercial Disputes Centre (ACDC) mediation rules.

13.3 Arbitration

If mediation fails, disputes will be resolved through binding arbitration under ACDC arbitration rules, with the arbitration conducted in Melbourne, Victoria.

13.4 Governing Law

These Terms are governed by the laws of Victoria, Australia, and you consent to the exclusive jurisdiction of Victorian courts for any matters not subject to arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any executed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

14.2 Modifications

We may modify these Terms at any time by posting updated terms on our website. Continued use of our services after modifications constitutes acceptance of the new terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.4 Waiver

No waiver of any term or condition shall be deemed a waiver of any other term or condition or subsequent breach of the same or different provision.

14.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliated entity or successor organization.

14.6 Notices

All notices must be in writing and delivered to the addresses specified in service agreements or to:

15. Contact Information

For questions about these Terms of Service, please contact us: