Terms of Services

PROFIT DRIVE PTY LTD

Effective Date: 5 March 2025

These Terms of Service (“Terms”) constitute a legally binding agreement between Profit Drive Pty Ltd (“Profit Drive,” “we,” “our,” or “us”) and any individual, business, or entity (“Client,” “you,” or “your”) that accesses our website or engages in our services, including SEO, PPC, web design and development, and consulting.

By using our website (profitdrive.com.au) or purchasing our services, you agree to these Terms in full. If you do not agree, you must immediately cease all use of our services and website.

1. SERVICES PROVIDED

Profit Drive offers SEO, PPC (Pay-Per-Click) advertising, web design and development, and consulting services on a project-based or subscription-based model.

All services are provided on an “as-is” basis, with no guarantees of performance, rankings, leads, conversions, or return on investment (ROI).
Profit Drive reserves the right to refuse service to any Client at its sole discretion.

2. PAYMENT TERMS

2.1 Fees and Payment Structure

Clients agree to pay all fees as outlined in their service agreement, which may include:

Fixed fees for specific projects
Milestone-based payments for phased deliverables
Ongoing retainer payments for monthly or subscription-based services

All invoices are due on receipt, unless otherwise stated in the agreement.

2.2 Late Payment Fees & Collection Rights

If payment is not received within seven (7) days of the due date, Profit Drive reserves the right to:

Charge a 5% per month late fee on the overdue balance.
Suspend or terminate services until full payment is received.
Withhold access to websites, advertising accounts, or marketing assets until all outstanding amounts are settled.

If payment remains overdue for more than 30 days, Profit Drive may:

Engage a debt collection agency, with collection costs added to the outstanding balance.
Report non-payment to credit rating agencies, which may affect the Client’s business credit score.

2.3 Refund Policy

All payments to Profit Drive are final and non-refundable, except in the following cases:

Profit Drive fails to deliver any agreed-upon services as per the signed agreement.
A refund is mandated by Australian Consumer Law due to a failure to meet statutory guarantees.
Profit Drive terminates the contract without cause, in which case only unused prepaid amounts will be refunded.

Dissatisfaction with campaign results, SEO rankings, or website performance does not qualify for a refund, as marketing outcomes cannot be guaranteed.
Chargebacks & Payment Disputes:

Any attempt to issue a chargeback or dispute a legitimate transaction is a material breach of contract.
Profit Drive reserves the right to recover the full disputed amount, chargeback fees, and legal costs.

3. CLIENT RESPONSIBILITIES & USAGE RESTRICTIONS

3.1 General Responsibilities

Clients must:

Provide accurate business information necessary for service execution.
Respond to Profit Drive’s requests for feedback and approvals within reasonable timeframes.
Comply with all applicable laws and advertising regulations.

3.2 Prohibited Activities

Clients must not:

Request services that violate Australian law, advertising policies, or ethical guidelines.
Engage in spamming, click fraud, or deceptive advertising tactics.
Attempt to reverse-engineer or replicate Profit Drive’s proprietary strategies, processes, or technology.
Delay or withhold necessary approvals that prevent work completion, without justification.

Violation of these terms may result in immediate service termination without refund.

4. INTELLECTUAL PROPERTY & USAGE RESTRICTIONS

4.1 Client Ownership of Deliverables

Upon full payment, Clients own all final marketing assets, website designs, and ad creatives produced by Profit Drive.

4.2 Profit Drive’s Rights & Control

Profit Drive retains ownership of:

Proprietary strategies, methodologies, templates, scripts, and campaign frameworks used in service execution.
The right to showcase non-confidential work for marketing and portfolio purposes.
The right to withhold access to assets if payment is not received.Clients may not:
Resell, redistribute, or share Profit Drive’s proprietary methodologies with third parties.
Engage an external contractor to replicate Profit Drive’s SEO strategies, ad structures, or development frameworks.

5. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Profit Drive and its directors, employees, and affiliates:

Are not liable for indirect, consequential, incidental, or punitive damages, including loss of revenue, business, or data.
Do not guarantee results, rankings, conversions, or return on investment (ROI).
Are not responsible for third-party service disruptions (Google Ads bans, Meta ad suspensions, algorithm changes).

Profit Drive’s total liability is limited to the amount paid by the Client for services within the past three (3) months.

6. FORCE MAJEURE & SERVICE ADJUSTMENTS

Profit Drive is not liable for service delays, failures, or price adjustments caused by:

Natural disasters, pandemics, government regulations, cyberattacks
Third-party service failures (Google, Meta, HubSpot, Stripe suspensions)
Economic disruptions, supply chain issues, or material price increases

Profit Drive reserves the right to modify, suspend, or adjust pricing to accommodate increased operating costs.

7. TERMINATION & CANCELLATION

7.1 Profit Drive’s Right to Terminate

Profit Drive may immediately terminate services if:

The Client fails to pay invoices after repeated notices.
The Client engages in fraudulent or unlawful activity.
The Client violates any of the prohibited activities listed in Section 3.

No refunds will be issued in these cases.

7.2 Client’s Right to Cancel

Clients must provide 30 days’ written notice for service cancellations.

During this period, all payments remain due, and services will continue until the cancellation date.
Cancellations with less than 30 days’ notice require a final full payment for the next billing cycle.

8. DISPUTE RESOLUTION & GOVERNING LAW

8.1 Negotiation & Arbitration

All disputes must first go through mandatory negotiation.
If unresolved within 30 days, disputes shall be resolved by binding arbitration in Queensland, Australia, with Profit Drive selecting the arbitrator.
If Profit Drive prevails in any dispute, the Client must reimburse all legal fees, arbitration costs, and collection expenses.

8.2 Governing Law

These Terms are governed by the laws of Queensland, Australia, and Clients agree to submit to the exclusive jurisdiction of Australian courts.

9. UPDATES TO THESE TERMS

Profit Drive reserves the right to update these Terms at any time. Continued use of services after changes constitutes acceptance of the revised Terms.

10. CONTACT INFORMATION

For questions regarding these Terms, contact:

Profit Drive Pty Ltd

Address: 160 Ann Street, Brisbane 4000, QLD

Email: admin@profitdrive.com.au

Phone: 0450 412 539