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Legal

Terms of Service

Last updated: March 2026

1. Agreement to Terms

By engaging Atlent Marketing for any services — whether through a signed Service Agreement, Statement of Work, verbal instruction, email confirmation, or payment — you ("the Client") agree to be bound by these Terms of Service in full. If you do not agree, do not engage our services.

2. Services

Atlent Marketing provides digital marketing services including AI call assistant deployment, paid advertising management (Meta, Google), social media management, content creation, and strategic consulting. The specific scope, deliverables, and fees for each engagement are defined in a separate Service Agreement or Statement of Work signed by both parties.

3. Client Approvals and Sign-Off

All creative assets, ad copy, campaign strategies, audience targeting, and content produced by Atlent Marketing are submitted to the Client for review and approval prior to publication or going live.

Once a Client approves any asset or campaign — whether by written confirmation, email, electronic sign-off, or verbal/implied consent — Atlent Marketing is fully authorised to publish and run that material. The Client accepts sole responsibility for the content of all approved materials.

Atlent Marketing bears no liability whatsoever for any outcome — including but not limited to public backlash, reputational damage, consumer complaints, regulatory scrutiny, or commercial loss — arising from the publication of Client-approved content. This includes scenarios where the Client approved the content but later disputes the messaging, tone, targeting, or creative direction.

If a Client requests changes after approval and publication, any costs associated with pausing, amending, or re-running campaigns remain the Client's responsibility.

4. Campaign Performance

Atlent Marketing will use reasonable skill and care in managing paid media and marketing campaigns. However, we make no guarantees regarding specific advertising results, including but not limited to ROAS, revenue generated, follower growth, engagement rates, or lead volume. Campaign performance is subject to market conditions, platform algorithm changes, audience behaviour, creative quality, product-market fit, and other factors outside our control.

Any projections, estimates, or forecasts provided during onboarding or reporting are illustrative only and do not constitute a performance guarantee or contractual commitment.

5. Client Responsibilities

The Client agrees to:

  • Provide timely access to all required advertising accounts, platforms, brand assets, and third-party tools
  • Review and approve (or reject with clear feedback) all submitted materials within the timeframe specified in the Service Agreement
  • Ensure all content, products, services, and claims in approved materials comply with applicable laws, regulations, platform policies, and advertising standards
  • Not instruct Atlent Marketing to produce or publish content that is misleading, defamatory, discriminatory, or otherwise unlawful

Atlent Marketing reserves the right to refuse or pause any campaign it reasonably believes may breach platform policies, advertising standards, or applicable law — without liability to the Client.

6. Indemnification

The Client agrees to indemnify, defend, and hold harmless Atlent Marketing, its directors, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • Content, campaigns, or materials approved by the Client
  • The Client's products, services, or business practices
  • Any breach by the Client of these Terms
  • Any claim by a third party related to approved Client content
  • Public backlash, regulatory action, or platform penalties resulting from Client-approved campaigns

This indemnification obligation survives the termination of any service engagement.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Atlent Marketing's total aggregate liability to the Client, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client in the three (3) calendar months immediately preceding the event giving rise to the claim.
  • Atlent Marketing shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, loss of profit, loss of business, reputational damage, or loss of data, even if advised of the possibility of such damages.
  • Atlent Marketing shall not be liable for any third-party platform decisions, including ad account suspensions, policy violations issued by Meta, Google, TikTok, or any other platform, whether or not related to Client-approved content.

8. Intellectual Property

Creative assets, strategies, and reports produced by Atlent Marketing become the property of the Client upon receipt of full payment for the relevant period. Atlent Marketing retains the right to reference the Client's brand name and outcomes in portfolio and marketing materials unless otherwise agreed in writing.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information disclosed during the engagement. This obligation survives termination of the agreement.

10. Payment

Payment terms are as specified in your Service Agreement. Late payments beyond 14 days may result in suspension of services. Atlent Marketing reserves the right to charge statutory interest on overdue amounts. All fees are exclusive of applicable taxes unless stated otherwise.

11. Termination

Either party may terminate services with 30 days' written notice, unless otherwise specified in the Service Agreement. The Client remains liable for all fees accrued up to and including the termination date. Termination does not affect the Client's indemnification obligations or Atlent Marketing's limitation of liability provisions, which survive indefinitely.

12. Force Majeure

Atlent Marketing shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to platform outages, changes to advertising platform policies, or third-party service disruptions.

13. Governing Law and Disputes

These terms are governed by the laws of the State of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. Both parties agree to attempt to resolve disputes informally before initiating legal proceedings.

14. Entire Agreement

These Terms, together with any signed Service Agreement or Statement of Work, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements relating to the services.

15. Changes to Terms

We may update these terms from time to time. Continued use of our services after changes constitutes acceptance of the updated terms. Material changes will be communicated to active clients directly.

These terms are provided for informational purposes and do not constitute legal advice. Atlent Marketing recommends that clients seek independent legal counsel for their own contractual requirements.

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