These terms govern your use of EMI Media's services and outline the rights and responsibilities of both parties in our business relationship.
Last Updated: February 2026
By engaging with EMI Media's services, you agree to be bound by these Terms and Conditions. Please read them carefully before proceeding.
These Terms and Conditions constitute a legally binding agreement between you ("Client", "you", or "your") and EMI Media ABN [insert ABN] ("EMI Media", "we", "us", or "our"). By accessing our services, signing a service agreement, or making payment, you acknowledge that you have read, understood, and agree to be bound by these terms.
EMI Media reserves the right to modify these Terms and Conditions at any time. We will notify active clients of material changes via email. Continued use of our services following such notification constitutes acceptance of the updated terms.
EMI Media operates as an external growth partner, providing lead generation and customer acquisition services to service-based businesses.
Our services include, but are not limited to:
Services are delivered according to the tier selected by the Client (Bronze, Silver, Gold, or Platinum). Each tier includes a defined monthly lead volume, qualification process, and support level as outlined in your service agreement.
All leads delivered to the Client are exclusive and will not be sold or shared with competing businesses. Each lead is pre-qualified via phone to confirm identity, location, and purchasing intent before delivery.
To ensure optimal campaign performance and lead quality, the Client agrees to meet certain responsibilities.
The Client agrees to contact delivered leads within 24 hours of receipt. Fast follow-up is critical to conversion rates and overall campaign performance. Failure to respond promptly may result in wasted leads and reduced campaign effectiveness.
The Client must provide accurate information regarding business capacity, service areas, ideal customer profile, and revenue targets. EMI Media relies on this information to configure qualification settings and campaign parameters.
The Client agrees to provide timely feedback on lead quality, including close rates, disqualification reasons, and any issues with delivered enquiries. This data is essential for system optimisation.
The Client must operate in compliance with all applicable laws and regulations in their industry. The Client is solely responsible for how they use the leads provided and must not engage in deceptive, unethical, or illegal business practices.
Payment terms are agreed upon in your service agreement and must be adhered to for uninterrupted service delivery.
Pricing is determined by the selected tier and is invoiced monthly in advance. All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.
Payment is due within 7 days of invoice date unless otherwise agreed in writing. Accepted payment methods include bank transfer, credit card, or direct debit. Late payments may incur a fee of 2% per month on the outstanding balance.
EMI Media reserves the right to suspend service delivery if payment is not received within 14 days of the due date. Services will resume upon receipt of outstanding payment plus any applicable late fees.
EMI Media's maximum refund liability is capped at one-quarter (1/4) of the total amount paid by the Client for the service period in question.
This cap applies to all refund requests, including but not limited to dissatisfaction with lead quality, failure to meet expectations, or early termination of services.
Why the 1/4 Cap: The majority of payments received are allocated to upfront setup costs, advertising platform spend, and campaign infrastructure. Once these costs are incurred, they cannot be recovered. The 1/4 refund cap reflects the portion of service fees that remain available after accounting for these non-refundable operational expenses.
Refunds may be considered under the following circumstances:
To request a refund, the Client must submit a written request to [email protected] within 30 days of the issue occurring. The request must include:
EMI Media will review all refund requests within 14 business days and communicate the outcome in writing.
Approved refunds will be processed and paid out within a reasonable timeframe, typically within 14 business days of approval. Refunds will be issued via the original payment method. All refunds are final and not subject to renegotiation once processed.
Refunds will not be provided in the following situations:
Services are provided on a monthly rolling basis unless otherwise specified in the service agreement.
Unless a fixed-term agreement is in place, the Client may cancel services at any time by providing 30 days' written notice. Services will continue until the end of the notice period, and no refund will be provided for unused days within the final billing cycle.
EMI Media reserves the right to terminate services immediately if:
Upon termination, all active campaigns will be paused, and no further leads will be delivered. The Client will remain liable for any outstanding invoices. No refunds will be issued unless termination results from a documented breach by EMI Media.
EMI Media's liability is limited to ensure fair and reasonable risk allocation between both parties.
To the maximum extent permitted by law, EMI Media's total liability for any claim arising from these Terms and Conditions or the provision of services shall not exceed the total amount paid by the Client in the 3 months immediately preceding the claim.
EMI Media is not liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, loss of business opportunity, or damage to reputation.
While EMI Media strives to deliver high-quality leads and optimise campaign performance, we do not guarantee specific business outcomes, revenue targets, or conversion rates. Results depend on multiple factors including the Client's sales process, market conditions, and competitive landscape.
Both parties agree to maintain the confidentiality of sensitive business information shared during the course of the relationship.
Each party agrees not to disclose confidential information belonging to the other party, including but not limited to business strategies, customer data, pricing structures, and proprietary processes. This obligation survives termination of the agreement.
EMI Media complies with the Australian Privacy Principles (APPs) under the Privacy Act 1988. Customer data collected during lead generation is used solely for the purpose of qualifying and delivering leads to the Client. We do not sell or share personal data with third parties except as required by law.
The Client is solely responsible for their use of customer data and must comply with all applicable privacy laws, including obtaining necessary consents for marketing communications and maintaining appropriate data security measures.
All intellectual property created by EMI Media in the course of providing services remains the property of EMI Media.
EMI Media retains ownership of all advertising creative, campaign strategies, qualification scripts, funnel designs, and other materials developed as part of the service. The Client is granted a non-exclusive, non-transferable license to use delivered leads for their business purposes only.
The Client grants EMI Media permission to use their business name, logo, and branding in campaign materials for the purpose of generating leads. EMI Media will not use the Client's branding in ways that could damage their reputation or misrepresent their business.
Both parties agree to attempt good-faith resolution of any disputes before pursuing legal action.
In the event of a dispute, the parties agree to first attempt to resolve the matter through direct negotiation. Either party may initiate this process by providing written notice of the dispute to the other party.
If negotiation fails to resolve the dispute within 30 days, the parties agree to participate in mediation conducted by a mutually agreed-upon mediator. The costs of mediation will be shared equally between both parties.
These Terms and Conditions are governed by the laws of Queensland, Australia. Any legal proceedings arising from this agreement will be subject to the exclusive jurisdiction of the courts of Queensland.
These Terms and Conditions, together with the executed service agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Failure by either party to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or the right to enforce it in the future.
Neither party will be liable for failure to perform their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, or disruptions to advertising platforms.
If you have questions or need clarification on any aspect of these Terms and Conditions, our team is here to help.
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