T's & C's
The Really Fun Stuff
These Terms and Conditions (Terms) outline how Onpoint Media Group Pty Ltd works with clients when delivering advertising and marketing services. By using our services, clients agree to be bound by these Terms.
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Acceptance of Terms
By working with us, you agree that you have read, understood, and accepted these Terms & Conditions in full. This includes when you sign the Media Authorisation Statement (MAS) or otherwise instruct Onpoint Media Group Pty Ltd (“Onpoint Media,” “we,” “our,” or “us”) to commence services.
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No Standard Agency Fees on Traditional Media
We don’t charge standard agency fees for traditional media like TV, radio, print, cinema, outdoor or sponsorships. If a media vendor offers a rebate or commission, we accept it as compensation for planning and placement. Where no rebate is available, a 10% planning fee applies.
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Media costs must be paid upfront before placement. Campaign planning includes up to two revisions; additional planning is billed at our standard hourly rate. Third-party costs are not included and may apply. These may include, but are not limited to, CAD approvals, Extreme Reach distribution fees, media booking platform charges, or other supplier-related expenses.
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Performance Guarantee
At Onpoint Media Group Pty Ltd (“Onpoint Media,” “we,” “our,” or “us”) We’re confident in the results we deliver. That’s why new clients receive a performance guarantee on their first campaign. If we don't perform, we’ll waive our agency fees. It’s a risk-free way to experience how we work and see if we’re the right fit for your business.
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This policy outlines the terms and conditions of our Guarantee. It ensures fairness, protects against misuse, and clarifies what constitutes “better performance.”
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1. Scope of the Guarantee
This Guarantee is offered exclusively to new clients and applies only to the first approved paid media campaign conducted by Onpoint Media.
The Guarantee is valid under the following conditions:
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The campaign will include a test period of 30 calendar days, commencing on the mutually agreed launch date. The test period will constitute both the minimum and maximum duration of the campaign, unless otherwise agreed in writing by both parties.
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The campaign will be limited to the promotion of one product or service only.
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At the conclusion of the test period, both parties will review campaign performance and outcomes. Unless either party provides written notice to terminate the campaign at least five (5) business days prior to the end of the test period, the campaign will automatically continue on a rolling monthly basis at our standard rates and terms. Any continued services will be governed by these Terms & Conditions, unless otherwise agreed in writing.
If, at the conclusion of the test period, we have not:
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Delivered a measurable improvement in performance as defined in Section 4, or
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Achieved performance equivalent to your previous results at a lower media spend,
and all other eligibility criteria have been met, then we will waive 100 percent of our agency service fees for that campaign.
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2. Eligibility Criteria
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2.1 New Client Status
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You must be a first-time client of Onpoint Media.
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The Guarantee is limited to one use per business entity, including subsidiaries or related entities.
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2.2 Defined Campaign Scope
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The campaign must relate to one product or service only.
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The testing period is limited to 30 consecutive calendar days.
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Campaigns must be submitted to and approved by Onpoint Media prior to commencement.
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The Guarantee only applies to performance-based campaigns such as lead generation, direct response, or sales-focused advertising.
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The Guarantee does not apply to branding, awareness, or reach-based campaigns.
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2.3 Minimum Spend Requirement
To be eligible for the Guarantee, the total combined campaign spend (including media spend, minimum AUD $2000 and agency fees, Setup AUD $500 and Management AUD $499) must be no less than AUD $2,999 (excluding GST) over the 30-day campaign period.
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2.4 Client Obligations
To maintain eligibility for the Guarantee, you must:
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Provide a compelling offer or unique selling proposition with a clear value to the target audience.
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Ensure that the destination website or landing page is mobile-responsive, fast-loading, user-friendly, and designed for conversions.
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Grant timely access to accurate historical performance data for comparison purposes.
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Deliver creative assets with a clear offer, call to action, and a destination for the customer to arrive to, which includes details of the advertised offer. (Website, In Store etc)
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Deliver all requested creative assets within 5 business days, prior to launch date unless otherwise agreed.
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Provide full access to all relevant digital platforms as requested by Onpoint Media, including but not limited to advertising accounts, analytics tools, tag managers, and CRM systems.
Failure to meet these obligations may void the Guarantee at our reasonable discretion and acting in good faith.
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3. What Is Covered and Not Covered
The Guarantee covers:
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Onpoint Media’s agency service fee (Setup Fee + Management Fee) for your first approved 30-day campaign.
The Guarantee does not cover:
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Media spend or platform fees on channels such as Google Ads, Meta, TikTok, Pinterest, LinkedIn, or others.
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Creative production costs unless specifically included in your campaign package.
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Third-party technology, subscriptions, or plugin costs.
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Any additional products, services, or campaign extensions outside the approved scope.
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4. Definition of “Better Performance”
Better performance means achieving an improvement in one or more of the following metrics compared to your previous 30 to 90 days of verified marketing data:
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Lower cost per lead or acquisition
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Higher number of leads, sales, or conversions
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Higher conversion rate
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Increased return on ad spend (ROAS)
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Increased valuable customers (e.g. higher average order value or customer lifetime value)
If historical data is not available, campaign benchmarks will reset to a neutral starting point, and Onpoint Media will determine whether the guarantee can be offered at its sole discretion.
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5. External Factors and Limitations
The Guarantee does not apply where results are affected by circumstances outside our control, including but not limited to:
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Technical issues or downtime on your website or servers
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Failed payments or account issues with advertising platforms
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Market volatility or platform algorithm changes
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Low product-market fit, uncompetitive pricing, or reputational issues
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Inaccurate, incomplete, or misleading information provided by you
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6. Review and Discretion
Performance will be reviewed at the conclusion of the 30-day campaign.
Onpoint Media retains sole discretion, acting reasonably and in good faith, to determine whether an improvement has been achieved or whether the Guarantee applies. Performance benchmarks must be agreed upon in writing and attached to the MAS before campaign commencement. In the event of a dispute regarding performance, these benchmarks will be used as the reference point.
This Guarantee is extended in good faith to assess mutual fit and campaign potential and is not intended for free consulting, speculative testing, or abuse.
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7. Abuse Prevention and Claims
This Guarantee is non-transferable and limited to one use per eligible business.
Onpoint Media reserves the right to deny or revoke the Guarantee in cases of suspected abuse, misrepresentation, or breach of these conditions.
All Guarantee claims must be submitted in writing within seven calendar days of the campaign’s completion.
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8. Legal Disclaimer
This Better Performance Guarantee is a conditional fee waiver policy, not a contract to achieve specific outcomes. Any fee waiver applies solely to Onpoint Media’s service fees and excludes all other costs, losses, or indirect expenses. By proceeding with an eligible campaign, you acknowledge and agree to these terms in full.
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What We Do
Onpoint Media provides advertising and marketing services, including media buying, campaign management, and related trading and marketing activities. These services are delivered through trusted third-party platforms, technologies, suppliers and media vendors. The specific services to be delivered will be detailed in the campaign proposal and confirmed upon acceptance of the Media Authorisation Statement (MAS).
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Working Together
At Onpoint Media, we make media buying easier with a streamlined process for briefing, proposals, and campaign management. Once the scope of work is agreed upon, all details are documented in the MAS, which serves as the formal campaign sign-off.
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Engaging Onpoint Media, by signing a Media Authorisation Statement (MAS), confirms the client’s approval for us to deliver the agreed services and charge the fees outlined in the MAS. Clients also authorise Onpoint Media to manage and allocate agreed budget, including via third-party platforms, suppliers or media vendors.
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Creative Requirements
Clients are responsible for ensuring that all creative assets meet the required specifications. If specifications are not met, ad delivery may be affected, and Onpoint Media is not liable for delays or issues caused by non-compliant creative.
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Advertising Guidelines
If there are specific requirements or restrictions for a campaign—such as blocked websites, competitor exclusions, frequency caps or preferred site lists—clients must supply these in writing. If no such instructions are provided, Onpoint Media will use its discretion to determine optimal placements.
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Billing & Payments
Agency Services
Clients will be billed monthly for agency services based on agreed rates outlined in the Media Authorisation Schedule (MAS). These rates may be updated from time to time with prior written notice. Payment for agency services is due within 30 days from the end of the billing month. GST will be applied where applicable. Late payments may attract interest at the maximum rate permitted by law. Clients are responsible for all applicable taxes and any costs associated with recovering overdue amounts, including legal fees. To help keep our agency fees low, Onpoint Media relies on prompt payment from all clients.
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Media Costs
All media costs must be paid upfront before any campaign activity can begin. Media will not be booked or delivered until full payment has been received. This approach ensures campaigns run smoothly and protects all parties from financial risk. Onpoint Media reserves the right to suspend or cancel campaign delivery if payment has not been made.
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Platforms and Client-Owned Accounts
Where media is run through client-owned ad platform accounts (such as Meta, Google, TikTok or others), the client is solely responsible for all media spend incurred on those platforms. Onpoint Media will provide campaign setup and support, but does not accept responsibility for charges made directly by the platform to the client’s account. Clients should ensure appropriate billing settings, budgets and payment methods are in place to avoid disruption.
If Payments Fall Behind
If a client fails to make payment after written notice and a reasonable opportunity to rectify the issue, Onpoint Media may collect the amount owing directly from third parties involved in the campaign (e.g. agencies or advertisers), up to the value of the outstanding balance. Clients will be given at least five business days’ written notice before this step is taken.
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Refunds of Agency Fees (Outside Guarantee)
Except where covered by the Better Performance Guarantee, all agency service fees are non-refundable once MAS has been signed. If a campaign is cancelled prior to commencement and no substantial work has been undertaken, a partial refund may be considered at Onpoint Media’s reasonable discretion and acting in good faith. Any refund granted will be less any reasonable costs already incurred, including strategic planning, creative setup, third party costs, and administrative time. Requests for refunds must be submitted in writing within seven days of cancellation.
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Use of Client Materials
Clients grant Onpoint Media a limited, non-exclusive, royalty-free licence to use, reproduce, distribute, display, and store advertising materials and customer data provided, solely for the purpose of delivering the services under the MAS.
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Liability
Services are provided “as is”. Onpoint Media makes no express or implied warranties and is not responsible for issues arising from third-party systems, networks, client actions, or technical failures beyond our control. Our total liability under these Terms is limited to the amount paid by the client for services.
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Clients warrant that any materials provided do not infringe on third-party rights and agree to indemnify and hold harmless Onpoint Media against any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising out of or related to the client’s materials, creative content, campaign instructions, or any breaches of applicable advertising laws or standards caused by the client.
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To the maximum extent permitted by law, Onpoint Media will not be liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, business opportunity, goodwill or data, whether arising in contract, tort (including negligence) or otherwise.
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Nothing in these Terms excludes, restricts or modifies any rights or remedies which cannot be lawfully excluded under the Australian Consumer Law.
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Onpoint Media shall not be liable for any acts, omissions, or failures of third-party platforms, suppliers or publishers used in delivering campaign activity​
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Campaign Optimisation
Onpoint Media reserves the right to allocate or reallocate campaign budgets across different channels, platforms, ad groups (strategies) or creatives in order to optimise campaign performance.
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Performance Estimates in Planning
Any performance estimates provided by Onpoint Media are based on historical data, market trends, and current conditions. These estimates are indicative only and not guaranteed. Actual results may vary due to a range of factors including but not limited to advertiser, promotional offer, customer journey, advertising platform behaviour, algorithm changes, audience engagement, seasonal fluctuations, and broader economic or market conditions.
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Confidentiality
We’ll both likely share confidential business information during our work together. Each party agrees to keep such information confidential and not share it with anyone else unless required by law or agreed in writing.
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Privacy and Data Compliance
Onpoint Media agrees to handle any personal data provided by the client in accordance with applicable Australian privacy laws, including the Privacy Act 1988 (Cth). Both parties agree to comply with all relevant privacy and data protection legislation in relation to any personal information collected or processed during the provision of services under these Terms.
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Termination
Campaigns may be terminated with 24 hours’ written notice. If a client chooses to terminate a campaign, all agreed agency fees for that specific campaign will remain payable in full. Any additional third-party costs incurred by ending a campaign early must be covered by the client (for example, the removal of a billboard before its campaign end date).
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Any prepaid digital media may be refunded, minus agency fees, where possible. Refunds from third-party providers (such as advertising platforms or media vendors) are subject to their individual terms and conditions and may be rebooked, forfeited, or offered as credit. While Onpoint Media will work diligently to secure the best possible outcome, we cannot guarantee that any media spend will be refunded, rebooked, forfeited, or offered as credit by third-party vendors.
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Force Majeure
Sometimes things happen that are beyond our control — like natural disasters, system outages, or government restrictions. If either party is unable to perform due to such events, neither of us will be liable.
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Intellectual Property and Governing Law
Ownership of any creative or strategic work produced by Onpoint Media will remain the property of Onpoint Media until all fees are paid in full. Transfer of ownership must be confirmed in writing by Onpoint Media. All work shall only be used within the scope of the agreed MAS.
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If a client resides or is based outside of Victoria, the parties agree that any legal proceedings will still be subject to the exclusive jurisdiction of the courts of Victoria, Australia. This clause applies regardless of the client's location and is agreed upon as a condition of engaging Onpoint Media. Clients acknowledge that this may impact where legal proceedings can be initiated or defended.
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Third-Party Requirements
Some of Onpoint Media’s partners may have additional terms of use. Clients are required to comply with these terms when using their platforms and services.
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Changes to These Terms
These Terms & Conditions may be updated from time to time. Onpoint Media will communicate any changes in writing, specifying the date the updated Terms take effect. Continued use of our services after such notification constitutes acceptance of the updated Terms.
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If any part of these Terms is unclear, please contact us using the form provided on this website. We’re here to help​​​​​​​​