Terms of Service

Services Overview

Nexus Growth provides lead generation and marketing services specifically designed for real estate professionals in Australia. Our services include:

• Facebook & Instagram Advertising: Creation, management, and optimisation of paid advertising campaigns on Meta platforms
• Landing Page Development: Custom high-converting landing pages for lead capture
• Lead Qualification: Our in-house call centre contacts, qualifies, and pre-screens leads
• Appraisal Booking: Scheduling of qualified appraisal appointments directly into your calendar

Our services are provided on a done-for-you basis. We handle all aspects of campaign creation, management, and lead follow-up on your behalf.

Service Agreement & Onboarding

Upon engaging our services, you will be required to:

• Complete our client onboarding form with accurate business information
• Provide access to necessary platforms (Facebook Business Manager, calendar systems) as required
• Supply any required brand assets, property images, or marketing materials
• Designate your exclusive suburb territories for campaign targeting
• Agree to our pricing and payment terms

Services will commence upon receipt of payment and completion of the onboarding process. Campaign launch timelines are estimates and may vary based on asset delivery and platform approval processes.

Pricing & Payment Terms

Pricing Structure

Our services are offered under the following payment options:

• Upfront Payment: Full 90-day service fee paid at checkout
• Monthly Payment: Service fee split into monthly instalments over the 90-day period

Both payment options are subject to a minimum 90-day service commitment. Pricing is exclusive of advertising spend, which is paid directly to Meta (Facebook/Instagram) by the client. We will recommend an appropriate ad budget based on your suburb and goals.

Payment Processing

All payments are processed securely through Stripe. By providing your payment information, you authorise us to charge the applicable fees to your designated payment method.

• Upfront payments are charged immediately upon checkout
• Monthly subscriptions are charged on the same date each month
• All prices are in Australian Dollars (AUD) and include GST where applicable

Late Payments

If a payment fails or is not received by the due date:

• We reserve the right to pause all advertising campaigns and services
• Access to reporting and lead data may be suspended
• Services will resume upon receipt of outstanding payment

Performance Guarantee

Nexus Growth offers a 14-Day Performance Guarantee for new clients:

Guarantee Conditions

To be eligible for this guarantee, you must:

• Complete all onboarding requirements within 5 business days of payment
• Provide timely responses to our team (within 24 hours on business days)
• Maintain an active and funded Meta advertising account
• Not restrict or limit the suburbs or targeting we recommend
• Be available to attend booked appraisal appointments

Definition of "Qualified Appraisal"

A "qualified appraisal" under this guarantee means a homeowner who:

• Owns a property in your designated service area
• Has expressed genuine intent to sell within the next 12 months
• Has agreed to a scheduled appraisal appointment with you
• Has been contacted and pre-qualified by our call centre team

Leads who cancel, reschedule, or no-show are still counted as qualified if they met all criteria at the time of booking.

Refund Policy

Refund Eligibility

Refunds are strictly limited to the following circumstances:

• 14-Day Guarantee: As outlined in Section 4, if we fail to deliver 2 qualified appraisals within 14 days of campaign launch and all guarantee conditions are met
• Service Non-Delivery: If we are unable to commence services within 30 days of payment due to circumstances within our control
• Duplicate Payment: If you are accidentally charged more than once for the same service

Non-Refundable Circumstances

Refunds will NOT be provided in the following circumstances:

• Change of Mind: You decide you no longer want the service after purchase
• Dissatisfaction with Lead Quality: Subjective dissatisfaction with leads that meet our qualification criteria
• Business Circumstances: Changes to your business, market conditions, or personal circumstances
• Third-Party Issues: Meta account suspensions, ad rejections, or policy violations not caused by us
• Client Non-Compliance: Failure to complete onboarding, provide required materials, or respond to communications
• Partial Service Delivery: Services already rendered cannot be refunded on a pro-rata basis
• Ad Spend: Any amounts paid directly to Meta for advertising are non-refundable by us
• After Campaign Launch: Once campaigns are live and generating leads, service fees are non-refundable (except under the 14-Day Guarantee)

Refund Process

To request a refund under eligible circumstances:

• Email [email protected] with the subject line "Refund Request"
• Include your full name, date of purchase, and reason for the refund request
• Refund requests must be submitted within 7 days of the qualifying event
• Approved refunds will be processed within 10 business days to your original payment method

Chargebacks & Disputes

We encourage you to contact us directly to resolve any billing concerns before initiating a chargeback with your bank or credit card provider. Fraudulent chargebacks or disputes made in bad faith may result in:

• Immediate termination of services
• Collection action for amounts owed
• Reporting to relevant fraud prevention databases

Cancellation Policy

90-Day Service Commitment

All clients are subject to a minimum 90-day service commitment, regardless of payment option selected. This commitment exists because:

• Effective lead generation campaigns require time to optimise and deliver results
• We invest significant resources in onboarding, campaign setup, and call centre training for your account
• Real estate marketing results compound over time

Monthly Payment Clients

If you selected monthly payments:

• You remain committed to the full 90-day term
• Monthly payments will continue to be charged until the 90-day commitment is fulfilled
• Early cancellation does not release you from remaining payments within the 90-day period
• After the initial 90-day period, you may cancel with 7 days written notice before your next billing date

Upfront Payment Clients

If you paid upfront for 90 days:

• The 90-day package is a fixed-term commitment
• Early cancellation does not entitle you to a pro-rata refund
• If you wish to discontinue services early, campaigns will be paused but no refund will be issued

Renewal & Continuation

After your initial 90-day commitment:

• Services will continue on a month-to-month basis unless cancelled
• To cancel, provide written notice at least 7 days before your next billing date
• No partial refunds are provided for unused portions of a billing cycle

Cancellation by Nexus Growth

We reserve the right to cancel or suspend services if:

• Payment is not received or fails repeatedly
• You breach these Terms of Service
• Your conduct is abusive, threatening, or unreasonable towards our staff
• Your business activities are illegal or violate Meta's advertising policies
• Continuing service would expose us to legal or reputational risk

Client Responsibilities

As a client of Nexus Growth, you agree to:

• Provide Accurate Information: All information provided during onboarding and throughout our engagement must be truthful and accurate
• Timely Communication: Respond to our communications within reasonable timeframes (generally 24-48 hours on business days)
• Platform Access: Grant and maintain necessary access to your Facebook Business Manager and other required platforms
• Ad Spend Funding: Ensure your Meta advertising account remains funded to support campaign delivery
• Attend Appointments: Make reasonable efforts to attend all booked appraisal appointments
• Compliance: Ensure your real estate business operates in compliance with all applicable Australian laws and regulations
• Licensing: Maintain all required real estate licenses and registrations for your state or territory

Intellectual Property

Our Property

All materials created by Nexus Growth, including but not limited to:

• Advertising copy and creative
• Landing page designs and code
• Campaign strategies and methodologies
• Call scripts and qualification processes

remain the intellectual property of Nexus Growth unless otherwise agreed in writing. You are granted a limited license to use these materials solely for the purpose of receiving our services.

Your Property

You retain ownership of all materials you provide to us, including logos, images, and brand assets. By providing these materials, you grant us a license to use them for delivering our services.

Third-Party Platforms

Our services rely on third-party platforms including Meta (Facebook/Instagram), Stripe, and various software tools. You acknowledge that:

• We are not responsible for changes to third-party platform policies, features, or availability
• Your use of these platforms is subject to their respective terms of service
• Account suspensions or restrictions imposed by Meta are outside our control
• We will make reasonable efforts to resolve platform issues but cannot guarantee outcomes

Meta Advertising Compliance

All advertising campaigns are subject to Meta's Advertising Policies. We create campaigns designed to comply with these policies, however:

• Ad approvals are at Meta's sole discretion
• We are not liable for ad rejections or account restrictions imposed by Meta
• You must maintain a Meta advertising account in good standing

Limitation of Liability

To the maximum extent permitted by Australian Consumer Law:

• Our total liability for any claim arising from these Terms or our services is limited to the amount you paid us in the 3 months preceding the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for lost profits, lost revenue, lost business opportunities, or loss of data
• We do not guarantee any specific results, number of listings, or revenue outcomes from our services

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited.

Indemnification

You agree to indemnify and hold harmless Nexus Growth, LERQZ PTY LTD, and our officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any applicable laws or regulations
• Any claims by third parties related to your real estate business
• Any content or materials you provide to us

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during our engagement, including:

• Business strategies and pricing information
• Lead data and customer information
• Campaign performance data and analytics
• Any information marked as confidential

This obligation survives the termination of our agreement.

Suburb Exclusivity

Nexus Growth offers suburb exclusivity to our clients, meaning:

• We will not take on another real estate agent targeting the same suburb(s) as you
• Exclusivity applies only to suburbs explicitly agreed upon during onboarding
• Exclusivity is maintained only while your account is active and in good standing
• We reserve the right to release exclusivity if your account is cancelled, suspended, or inactive for more than 30 days

Dispute Resolution

If a dispute arises between you and Nexus Growth:

• Step 1: Contact us directly at [email protected] to attempt to resolve the matter informally
• Step 2: If unresolved within 14 days, either party may refer the dispute to mediation
• Step 3: If mediation is unsuccessful, the dispute may be referred to the appropriate court or tribunal

These Terms are governed by the laws of Western Australia, and you agree to submit to the exclusive jurisdiction of the courts of Western Australia.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date.

For existing clients, material changes will be communicated via email at least 14 days before taking effect. Your continued use of our services after changes take effect constitutes acceptance of the modified Terms.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Nexus Growth regarding our services
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right
• Assignment: You may not assign or transfer your rights under these Terms without our written consent
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control