Terms of Service

1. Services

We provide landing page design, development, hosting, tracking setup, reporting, and optimisation services.

Services commence upon receipt of payment.

We may provide preliminary concepts, mock-ups, or demonstration landing pages at no cost prior to engagement. These are provided for illustrative purposes only and may not be fully customised or production-ready.

We do not provide legal, compliance, or regulatory advice.

2. Client obligations

You agree to provide accurate, complete, and up-to-date information.

You warrant that:

• all content provided is truthful and not misleading
• you have the right to use all materials supplied
• your content complies with all applicable laws and regulations
• you are responsible for compliance with any industry-specific requirements, including advertising rules

3. Fees and payment

Services are offered on a monthly or annual billing cycle, as selected at the time of engagement.

• Monthly plans are billed in advance each month
• Annual plans are billed upfront for the full year

The first payment must be made before your landing page goes live.

Async Development is not currently registered for goods and services tax (GST). Should GST registration become required, GST will be applied to all fees in accordance with applicable law.

We may suspend services if payment is overdue and may terminate this agreement for continued non-payment.

4. Performance and continuation

Services are provided on a month-to-month basis unless an annual plan is selected.

We provide reporting to enable you to assess the performance of your landing page.

You may determine whether to continue the services at the end of each billing period based on your assessment of performance.

We do not guarantee any specific outcomes, including leads, conversions, or revenue.

5. Reporting

We provide periodic reports outlining key performance metrics relating to your landing page.

You acknowledge that performance outcomes and their interpretation depend on your business objectives, advertising strategy, and factors outside our control.

6. Term and termination

Monthly plans

There is no minimum term. You may cancel at any time by written notice. Services will continue until the end of the current billing period.

Annual plans

Annual plans apply for the full prepaid term. Cancellation prevents renewal but does not entitle you to a refund, except where required by law or under clause 7.

General

We may terminate this agreement:

• on 30 days’ written notice; or
• immediately if you breach these Terms and fail to remedy that breach within 7 days; or
• for non-payment or non-compliance with clause 2

Upon termination, your landing page will be taken offline at the end of the applicable billing period.

7. 14-day satisfaction guarantee

We offer a 14-day satisfaction guarantee from the date your landing page goes live.

If you are not satisfied, you may request a refund within this period by written notice.

Refunds are limited to the initial fees paid and do not apply to subsequent billing periods.

8. Intellectual property

We retain ownership of all intellectual property in the landing page, including its design, code, and structure.

We grant you a non-exclusive, non-transferable licence to use the landing page during the term of this agreement.

This licence terminates upon termination.

You may request a static copy of the landing page within 30 days of termination for archival purposes only, subject to a reasonable administrative fee.

All materials you provide remain your property.

9. Results disclaimer

We do not guarantee any specific results, including leads, conversions, or revenue.

Any examples, case studies, or references to improved performance (including conversion rates) are illustrative only and do not constitute a guarantee of future performance.

Actual results will vary depending on factors outside our control, including your offer, market conditions, and advertising strategy.

10. Liability

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.

To the extent permitted by law:

• we exclude liability for indirect or consequential loss
• our total liability is limited to the fees paid by you in the three months preceding the event giving rise to the claim

Where liability cannot be excluded under the Australian Consumer Law, our liability is limited to:

• the resupply of the services; or
• the cost of having the services supplied again

11. Client indemnity

You agree to indemnify and hold us harmless from any loss, damage, cost, or expense (including reasonable legal fees) arising from:

• content you provide that is inaccurate, misleading, or unlawful
• infringement of third-party intellectual property rights caused by your materials
• any breach of your obligations under these Terms

This indemnity is reduced to the extent that our acts or omissions contributed to the loss.

12. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party.

This obligation survives termination.

13. Third-party services

We may use third-party providers for hosting, analytics, and integrations.

To the extent permitted by law, we are not liable for outages or failures caused by third-party providers.

14. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth).

Any data collected via your landing page is collected on your behalf. You remain responsible for compliance with applicable privacy laws.

We process such data only as necessary to provide the services.

15. Force majeure

We are not liable for delays or failure to perform due to events outside our reasonable control.

If such an event continues for more than 30 days, either party may terminate this agreement without liability.

16. Dispute resolution

Parties must first attempt to resolve any dispute through good faith discussions for at least 14 days.

If unresolved, the dispute must be referred to mediation in New South Wales before court proceedings may be commenced, except for urgent relief.

17. Governing law

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

The parties submit to the exclusive jurisdiction of its courts.

18. Changes to these Terms

We may update these Terms by providing at least 14 days’ notice.

If you do not agree to the changes, you may terminate your services before the updated Terms take effect.

19. Notices

Notices must be in writing and sent by email to the address specified in your proposal or account records.

A notice is deemed received when it becomes capable of being read.

20. Entire agreement

These Terms, together with any accepted proposal, form the entire agreement between the parties and supersede all prior discussions or representations.