Ads Daddy™ Terms of Use.

THIS TERMS OF USE MUST BE READ CAREFULLY BEFORE USING THIS WEBSITE.

TERMS AND CONDITIONS

These Terms and Conditions govern the use of the website and Pay-Per-Lead (PPL) services provided by Ads and Ventures Pty Ltd, ABN 92 647 861 318, trading as Ads Daddy (hereinafter referred to as “Ads Daddy”, “we”, “us” or “the Supplier”). By accessing our website or purchasing our services, you (hereinafter referred to as “the Buyer” or “you”) agree to be legally bound by these Terms and Conditions. If you do not accept these terms, you must not use this website or our services.

These Terms apply in addition to any other agreement entered into between the parties and are governed by the laws of Queensland, Australia.

RETAINER SERVICE TERMS

Last Updated: 24 November 2024

1. Services

1.1 The Supplier shall perform the services described in Exhibit A – Project Assignment.
1.2 The Supplier shall use reasonable efforts to perform the services in accordance with agreed timelines and industry standards.

 

2. Client Cooperation

2.1 The Client shall provide timely access to necessary materials, approvals, personnel, and assets.
2.2 If on-site work is required, the Client shall provide a safe working environment and reasonable access to necessary facilities and systems.

 

3. Fees and Expenses

3.1 The Client shall pay a monthly retainer fee as detailed in Exhibit A, due monthly in advance on the agreed billing date.
3.2 The Client shall reimburse the Supplier for all reasonable pre-approved expenses incurred during the provision of services.
3.3 Overdue amounts shall accrue interest at the rate of 1.5% per month, calculated daily.
3.4 All payments must be made via the nominated method and are exclusive of applicable taxes.
3.5 Where applicable, amounts payable shall be grossed up for any taxes to ensure the Supplier receives the full invoiced amount.

 

4. Mutual Confidentiality

4.1 “Confidential Information” means any non-public information disclosed by either party to the other in connection with this Agreement.
4.2 Each party shall maintain confidentiality and shall not disclose Confidential Information to third parties without written consent.
4.3 Each party shall treat all third-party confidential information with the same level of care as their own.
4.4 Upon termination, each party shall return or securely destroy all Confidential Information in its possession.

 

5. Ownership

5.1 All intellectual property, materials, or inventions created specifically for the Client shall be owned by the Client upon full payment.
5.2 All work produced shall be considered “work for hire” under the Copyright Act 1968 (Cth).
5.3 The Supplier shall provide reasonable assistance in perfecting and protecting any intellectual property rights transferred.
5.4 The Supplier irrevocably designates the Client as its attorney-in-fact to effectuate such IP transfers.
5.5 Pre-existing intellectual property owned by the Supplier shall remain its exclusive property.

 

6. Term and Termination

6.1 This Agreement shall remain in effect until terminated in accordance with this clause.
6.2 Termination may occur:
(a) By either party on thirty (30) days’ written notice;
(b) For material breach not remedied within thirty (30) days of notice; or
(c) Immediately upon insolvency or liquidation of the other party.
6.3 Upon termination:
(a) Any accrued but unpaid Fees are due;
(b) Clauses regarding Confidentiality, Ownership, Fees, Indemnity, and Dispute Resolution shall survive termination.

 

7. Warranty Disclaimer

All services are provided on an “as is” basis. The Supplier disclaims all implied warranties, including merchantability, fitness for purpose, and non-infringement.

 

8. Indemnification

8.1 The Client shall indemnify and hold harmless the Supplier from any claims, losses, or damages arising from:
(a) Breach of this Agreement;
(b) Negligence or wilful misconduct; or
(c) Legal or regulatory violations.
8.2 This includes court costs, legal fees, and third-party damages.

 

9. Limitation of Liability

9.1 The Supplier shall not be liable for any indirect, incidental, or consequential damages.
9.2 Liability for lost profits, opportunities, or expected revenue is expressly excluded.
9.3 The Supplier’s liability under the Competition and Consumer Act 2010 (Cth) is limited to re-supply or the cost of re-supplying services.
9.4 The Supplier disclaims all liability for acts of negligence to the extent permitted by law.

 

10. Dispute Resolution

10.1 This Agreement is governed by the laws of Queensland, Australia.
10.2 Disputes must be initiated within three (3) months of the event giving rise to the dispute.
10.3 Parties agree to negotiate in good faith prior to commencing formal proceedings.

 

11. Miscellaneous

11.1 Failure to enforce any right shall not constitute a waiver.
11.2 This Agreement constitutes the entire agreement between the parties.
11.3 This Agreement may not be assigned without the other party’s prior written consent.
11.4 Clause headings are for convenience only.
11.5 Notices must be delivered in writing to the addresses above.
11.6 Legal costs shall be borne by the party against whom judgment is given.
11.7 If any provision is deemed unenforceable, the remainder shall remain in effect.
11.8 This Agreement is subject to the laws of Queensland, Australia.

12. Termination and Final Billing Clause

12.1 Termination by Notice

(a) Either Party may terminate this Agreement by providing not less than thirty (30) days’ written notice (“Notice Period”).
(b) The Notice Period shall commence on the date that written notice is received by the Supplier.

12.2 Effect of Termination Notice

(a) During the Notice Period, this Agreement remains fully binding and enforceable.
(b) The Client agrees that:

  • (i) The current month’s Fee remains payable in full; and

  • (ii) Any subsequent month’s Fee falling wholly or partly within the Notice Period is payable in full on its standard billing date.

12.3 Payment During Notice Period

(a) All Fees are billed monthly in advance.
(b) Any Billing Period commencing in whole or part during the Notice Period is chargeable in full and non‑refundable.
(c) The Client remains liable for all payments falling within the Notice Period regardless of cessation or reduction in service use.
(d) No credits or offsets will be issued for unused time or paused campaigns.

12.4 No Suspension of Payment Obligations

The Client’s obligation to pay all amounts falling within the Notice Period continues irrespective of:
(a) Suspension or reduction in services;
(b) Marketing or performance dissatisfaction;
(c) Early termination of campaigns or ad accounts.

12.5 Non‑Refundable Nature of Fees

(a) All Fees during the Notice Period are strictly non-refundable.
(b) Fees are allocated toward advertising, staffing, and campaign execution and represent earned revenue.
(c) This clause is enforceable under Australian contract law as a reasonable allocation of commercial risk.

12.6 Consumer Law Compliance

(a) Nothing in this Agreement excludes any rights the Client may hold under the Competition and Consumer Act 2010 (Cth).
(b) The Supplier’s liability is limited to the re-supply of services or the cost thereof, as permitted by law.

 

1. PAY-PER-LEAD SERVICE TERMS

Last Updated: 30 October 2025

1.1 Ads Daddy provides exclusive, high-intent finance leads to businesses under a Pay-Per-Lead (PPL) model.

1.2 A “Qualified Lead” means a lead that satisfies the criteria set out in clause 1.3 or 1.4, depending on the campaign type.

1.3 A Qualified Consumer Finance Lead (Car or Personal Loan) is a contact who:

(a) provides their full legal name
(b) supplies a valid Australian phone number, verified by SMS
(c) supplies a valid and functional email address
(d) actively expresses interest in obtaining car finance or a personal or asset loan
(e) selects a loan purpose such as a new or used vehicle, motorcycle, boat, caravan, or refinancing
(f) is at least 18 years old
(g) resides in Australia
(h) declares employment or self-employment
(i) declares monthly income of AUD $3,000 or more if requested
(j) does not declare bankruptcy or current debt management if such data is collected
(k) is delivered exclusively to the Buyer and within 48 hours of submission, and must be no older than 24 hours at time of delivery

A lead shall not qualify if any contact information is fake or invalid, if the lead was submitted by a bot or unauthorised third party, if the lead intent is unrelated to finance, if the lead is located outside Australia, or if the lead unsubscribed prior to delivery.

1.4 A Qualified Commercial Finance Lead (ABN, Business or Equipment Loan) is a contact who:

(a) provides their full legal name
(b) supplies a valid Australian phone number, verified by SMS
(c) supplies a valid email address
(d) voluntarily completes an ABN or business name field
(e) expresses commercial finance intent including business-use vehicle finance, machinery or equipment loans, working capital, invoice or asset finance, or ABN-holder loans for sole traders
(f) specifies loan purpose and/or indicative amount
(g) is at least 18 years old
(h) is located in Australia
(i) declares they are self-employed or an ABN holder
(j) declares a loan amount of AUD $10,000 or greater
(k) is delivered within 48 hours and generated within 24 hours of delivery
(l) is exclusive to the Buyer

A lead shall not qualify if contact information is fake or invalid, if the lead was submitted by a bot or unauthorised third party, if the loan intent is clearly consumer-only, or if the lead was previously delivered to the same Buyer within 30 days.

Note: Ads Daddy does not verify the validity or accuracy of ABNs provided by leads. The absence or inaccuracy of an ABN does not disqualify a lead if other conditions are met.

1.5 Replacement Policy

A lead is eligible for replacement if:

(a) contact information is non-functional
(b) it is a duplicate within the same campaign (within 30 days)
(c) it falls outside the agreed campaign scope

A lead is not eligible for replacement if:

(a) the contact is unresponsive, uninterested, or disqualified by the Buyer
(b) the Buyer fails to follow up within 48 hours
(c) conversion fails due to Buyer-side sales, pricing, or timing issues
(d) an ABN is invalid or not registered

All replacement requests must be submitted within 48 hours of delivery. If approved, replacements will be delivered within a further 48 hours.

1.6 Lead Volume Disclaimer

While Ads and Ventures Pty Ltd uses best efforts, proven systems, and paid advertising to meet the agreed number of leads, the Buyer acknowledges that lead generation volumes depend on multiple external factors, including but not limited to advertising platform performance, market conditions, budget constraints, and lead availability.

The Supplier makes no guarantee that the full number of leads ordered will be delivered within a specific timeframe or at all. In the event the full volume cannot be generated within a reasonable period (as defined by mutual written agreement), the Buyer may elect to:

(a) Extend the campaign timeline to allow continued generation until the full lead quota is met; or
(b) Accept a partial delivery of leads, in which case any unspent advertising budget may be credited toward a future campaign, at the Supplier’s discretion.

No refunds shall be issued for any undelivered portion of a lead order unless otherwise agreed in writing. The Supplier shall not be liable for delay or under-delivery due to platform restrictions, cost increases, account bans, market fluctuations, or force majeure.

2. PAYMENT TERMS

2.1 All payments must be made in full and in advance of campaign activation.

2.2 Refund Policy: No refunds are available under any circumstances
All payments are final, non-refundable, and non-transferable under any circumstances. Upon receipt of payment, Ads and Ventures Pty Ltd immediately allocates resources, advertising budget, and operational working capital toward campaign execution and lead generation. Accordingly, the Buyer acknowledges and agrees that no refund shall be available, including but not limited to: change of mind, lack of lead conversion, disqualification of leads by the Buyer, platform disruptions, or early termination of the campaign. This refund policy applies regardless of lead performance outcomes or internal sales processes of the Buyer.

2.3 Additional lead batches may be ordered after the initial batch is completed.

2.4 Non-payment or delayed payment may result in immediate suspension of service without prior notice.

3. BUYER RESPONSIBILITIES

3.1 The Buyer must follow up with leads within 48 hours of delivery.

3.2 The Buyer must not resell, distribute, or share leads.

3.3 The Buyer must maintain accurate CRM records for lead status.

3.4 The Buyer agrees to cooperate with Ads Daddy regarding campaign optimisation and reporting.

4. EXCLUSIVITY

4.1 All leads are exclusive to the Buyer for a minimum of 30 days from the date of delivery.

4.2 The Supplier does not resell, recycle, or redistribute leads within that exclusivity window.

4.3 The Supplier may use anonymised, aggregated data for internal analytics or optimisation.

5. DATA PRIVACY AND COMPLIANCE

5.1 Ads Daddy collects and processes all data in accordance with the Privacy Act 1988 (Cth).

5.2 The Buyer must use lead data in accordance with all privacy and spam regulations and only within the scope for which consent was obtained.

6. INTELLECTUAL PROPERTY

6.1 All intellectual property, systems, creative, ad accounts, and funnels remain the sole property of Ads and Ventures Pty Ltd.

6.2 The Buyer is granted a non-transferable licence to use the leads for their own internal business purposes only.

7. LIMITATION OF LIABILITY

7.1 The Supplier shall not be liable for:

(a) loss of profits, revenue, or goodwill
(b) failure to convert leads
(c) disruptions caused by platform bans, outages, or third-party restrictions

7.2 Liability is strictly limited to the value of the affected leads paid for by the Buyer.

8. DISPUTES AND JURISDICTION

8.1 Any disputes arising under or in connection with these Terms shall first be addressed through good faith negotiation.

8.2 Failing resolution, the matter shall proceed to mediation in Queensland, Australia, prior to court proceedings.

8.3 These Terms are governed by the laws of Queensland, Australia. The Buyer submits to the exclusive jurisdiction of Queensland courts.

9. FORCE MAJEURE

9.1 The Supplier shall not be held liable for delays or failures in performance due to events beyond its control, including but not limited to internet or system outages, third-party platform restrictions, changes in law, or acts of God.

10. WEBSITE USE

10.1 By using our website, you agree to be bound by the following conditions:

(a) You must comply with applicable Australian law including the Competition and Consumer Act 2010 (Cth), the Copyright Act 1968 (Cth), and the Trade Marks Act 1995 (Cth).
(b) You may not copy, reproduce, modify, distribute, or use website content for commercial purposes.
(c) You may not attempt to reverse-engineer, scrape, or exploit any part of the site.
(d) You may not link to or represent our website in a way that implies partnership or endorsement.

10.2 All website content is provided “as is” without warranties. The Supplier makes no guarantees regarding accuracy, completeness, or fitness for purpose.

10.3 The Supplier is not responsible for the content or security of any third-party links provided on this website.

10.4 These Website Terms may be modified at any time without notice. Continued use of the site constitutes acceptance of the updated terms.

For any questions or legal enquiries, please contact:

Ads and Ventures Pty Ltd
ABN: 92 647 861 318
Email: hello@adsdaddy.com
Website: www.adsdaddy.com/au

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