TERMS AND CONDITIONS

Terms and Conditions

Effective Date: 20/09/2025
PowerScale Growth Pty Ltd (“PowerScale Growth,” “we,” “our,” “us”) provides marketing services for gyms. By accessing our website, using our services, or entering into an agreement with us, you (“Client,” “you,” or “your”) agree to these Terms and Conditions.

1. Services Provided

PowerScale Growth offers gym marketing services including lead generation, ad management, funnel creation, content support, and related consulting.

Specific deliverables, timelines, and pricing will be outlined in your proposal or service agreement.

2. Client Responsibilities

Provide accurate and complete information required to perform the services.

Obtain necessary permissions for any materials or data you provide to us.

Cooperate promptly with feedback, approvals, or assets to avoid delays.

Comply with all applicable advertising and privacy laws regarding your business.

3. Fees and Payments

All fees are stated in Australian dollars (AUD) unless otherwise noted.

Payment terms will be specified in your invoice or service agreement (e.g., upfront retainer, monthly billing).

Late payments may incur interest or service suspension until accounts are current.

All advertising spend (e.g., Facebook Ads budget) is the client’s responsibility and billed directly by the advertising platform.

4. Intellectual Property

All materials created by PowerScale Growth remain our property until full payment is received.

After payment, you receive a non-exclusive, non-transferable license to use deliverables for your business.

You grant PowerScale Growth the right to use your logo or campaign results for portfolio or marketing purposes unless you request otherwise in writing.

5. Confidentiality

Both parties agree to maintain confidentiality regarding any proprietary or sensitive information shared.

Confidentiality obligations survive termination of this agreement.

6. Warranties and Disclaimers

PowerScale Growth provides services on an “as is” basis and does not guarantee specific results (e.g., a set number of leads or revenue).

We make no warranties except those required by law under the Australian Consumer Law.

7. Limitation of Liability

To the extent permitted by law, PowerScale Growth is not liable for indirect, incidental, or consequential damages.

Our total liability for any claim related to our services is limited to the amount you paid for the services in the 3 months preceding the claim.

8. Termination

Either party may terminate the agreement with written notice (e.g., 14 days) if the other party breaches a material term and does not remedy it within a reasonable period.

Outstanding fees remain payable upon termination.

9. Indemnity

You agree to indemnify and hold harmless PowerScale Growth from claims, damages, or liabilities arising from your use of our services, breach of these terms, or violation of any laws.

10. Third-Party Services

We may use third-party platforms (e.g., Facebook Ads, Google Ads, CRM tools). We are not responsible for changes or outages on these platforms.

Your use of third-party services is subject to their respective terms and policies.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes will be resolved in the courts of New South Wales.

12. Changes to Terms

We may update these Terms from time to time. The latest version will always be available on our website. Continued use of our services constitutes acceptance of updated Terms.

13. Contact Us

For questions regarding these Terms and Conditions, contact:
PowerScale Growth Pty Ltd
Email: [email protected]