Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of services provided by ClearScale (“we”, “us”, “our”). By engaging our services or accessing our website at clearscale.com.au, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Services Provided

ClearScale provides digital marketing services to Australian local service businesses, including but not limited to:

• Website design, development, and ongoing management
• Marketing systems including lead capture, follow-up automation, and CRM configuration
• Access to and management of the GoHighLevel (GHL) platform on behalf of clients
• Google Business Profile optimisation and local SEO
• Online advertising campaign management (Google Ads, Meta Ads)
• Review generation and reputation management systems

The specific scope of services for each client will be outlined in a separate proposal or service agreement. In the event of any conflict between these Terms and a signed service agreement, the service agreement will prevail.

2. Payment Terms

The following payment terms apply unless otherwise agreed in writing:

• Setup fees — payable upfront prior to commencement of work. Work will not begin until the setup fee has been received in full.
• Monthly retainers — billed on a recurring monthly basis from the date services commence. Invoices are issued on the first business day of each billing cycle and are due within 7 days.
• Ad spend — where we manage paid advertising on your behalf, ad budgets are billed directly to your own payment method via the respective ad platform (Google, Meta). We do not handle ad spend funds on your behalf.

Overdue invoices may attract a late payment fee of 5% per month on the outstanding balance. We reserve the right to pause or suspend services if invoices remain unpaid beyond 14 days of the due date.

3. Refund Policy

We stand behind the quality of our work. Our refund policy is as follows:

• Setup fees are non-refundable. These fees cover the time, resources, and platform costs invested in onboarding and building your marketing systems. Once work has commenced, setup fees cannot be refunded.
• Monthly subscriptions— you may cancel your monthly subscription at any time by providing 30 days’ written notice to hello@clearscale.com.au. You will not be charged for any billing cycles after your cancellation period ends. No partial-month refunds are issued.
• Service disputes — if you believe work has not been delivered to the agreed scope, contact us within 14 days of delivery. We will review the matter in good faith and work to resolve it, which may include revisions, credits, or other remedies at our discretion.

4. Intellectual Property

Intellectual property rights are allocated as follows:

• ClearScale systems and templates — all marketing frameworks, automation workflows, system architecture, funnel templates, and tooling developed by ClearScale remain the intellectual property of ClearScale. These may be adapted for your use during the engagement but are not transferred to you upon cancellation.
• Client content — content you provide to us (logos, photos, videos, copy, business information) remains your property. You grant ClearScale a non-exclusive licence to use this content solely for the purpose of delivering the agreed services.
• Custom deliverables — any assets created specifically and exclusively for you (e.g., a custom website design, ad creatives) will be transferred to you upon receipt of all outstanding payments. Standard templates and underlying system components remain with ClearScale.

Upon cancellation, your custom deliverables (website, ad creatives) will be made available to you in an export-ready format within 14 business days of final payment.

5. No Guarantee of Results

Digital marketing outcomes depend on many factors outside our control, including market conditions, competition, seasonal demand, platform algorithm changes, and the quality of your business operations. While we commit to applying our expertise and best practices on your behalf, ClearScale does not guarantee specific results including but not limited to lead volumes, call numbers, revenue, or return on ad spend. Any projections or estimates provided during the sales process are illustrative only and not contractual commitments.

6. Limitation of Liability

To the maximum extent permitted by Australian consumer law, ClearScale’s total liability to you for any claim arising from or related to our services is limited to the total fees paid by you to ClearScale in the three months immediately preceding the event giving rise to the claim. ClearScale is not liable for any indirect, consequential, incidental, or special damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot be excluded, restricted, or modified.

7. Client Responsibilities

To enable us to deliver services effectively, you agree to:

• Provide accurate and complete business information when requested
• Respond to communications and approval requests within a reasonable timeframe
• Grant necessary access to platforms and accounts (e.g., Google Business Profile, ad accounts)
• Ensure all content you provide is accurate, legally compliant, and does not infringe third-party rights
• Maintain sufficient ad budget to run campaigns at agreed levels

Delays caused by failure to meet these responsibilities may affect delivery timelines and do not entitle you to refunds or compensation.

8. Acceptable Use

You agree not to use our services in connection with any activity that:

• Is unlawful, misleading, deceptive, or fraudulent
• Violates Australian consumer law, the Spam Act 2003, or the Privacy Act 1988
• Infringes the intellectual property rights of any third party
• Constitutes spam, unsolicited bulk messaging, or predatory marketing
• Could bring ClearScale into disrepute or create legal liability for ClearScale

We reserve the right to refuse or terminate services if we determine, at our reasonable discretion, that your business or requested activities violate this clause.

9. Termination

Either party may terminate the services engagement:

• By the client— with 30 days’ written notice to hello@clearscale.com.au. All outstanding fees for the notice period remain payable.
• By ClearScale— with 30 days’ written notice for any reason. If we terminate without cause, we will refund any prepaid fees for undelivered services on a pro-rata basis.
• Immediate termination — ClearScale reserves the right to terminate immediately and without notice if you breach these Terms, fail to pay outstanding invoices after 14 days, or engage in conduct that is harmful, illegal, or damaging to ClearScale.

Upon termination, we will provide you with access to your custom deliverables as described in Section 4, subject to all payments being settled.

10. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information shared during the engagement. ClearScale will not disclose your business information, client data, or commercially sensitive details to third parties except where required by law or necessary to deliver the agreed services (e.g., sharing access credentials with a subcontractor under confidentiality obligations). This obligation survives termination of the services engagement.

11. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising from or related to these Terms or our services will be subject to the exclusive jurisdiction of Australian courts. We encourage resolution of disputes through good-faith negotiation before pursuing formal proceedings.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this page. For existing clients, material changes to Terms will be communicated by email with a minimum of 14 days’ notice. Continued use of our services after that period constitutes acceptance of the updated Terms.

13. Contact Us

If you have questions about these Terms or wish to discuss your engagement with us, please get in touch: