Terms
Terms
Terms of ServiceCircles Agency AU Pty Ltd (ABN 27 658 541 265) — trading as "Circles Agency", "Circles", "we", "us", "our". Palm Beach, Gold Coast, QLD 4221, Australia.
Last updated:19 September 2026
These Terms of Service ("Terms") govern your use of our website (circlesagency.com), our marketing services, and our software and advertising tools (including "Viktor Ad Launch"). By using any of them you agree to these Terms. If you do not agree, do not use them.
Our Privacy Policy at (https://circlesagency.com/privacy) forms part of these Terms.
1. Who we are and what we doCircles Agency is a performance marketing agency. We plan, produce and manage paid advertising (primarily Meta, Google and TikTok), creative, analytics and reporting for our clients, and we build internal software to support that work.
2. Website useYou may use our website for lawful purposes only. You must not:
attempt to gain unauthorised access to our website, software, accounts or infrastructure;interfere with or disrupt the website, or introduce malicious code;scrape, copy, republish or resell our content without written permission; oruse our website or software to send unlawful, misleading or infringing material.We may change, suspend or withdraw any part of our website or software at any time without notice.
3. Our software and advertising toolsOur software (including Viktor Ad Launch) is not a consumer product. Access is limited to authorised Circles Agency personnel and, where we agree in writing, named client contacts. It is not for use by anyone under 18.
If you are given access:
you are responsible for keeping your login credentials secure and for all activity under your account;you must only use it for the accounts and purposes we have authorised;you must not share access, attempt to extract source code, or reverse engineer the software;we may suspend or revoke access at any time, including immediately where we suspect misuse or a security risk.The software creates and modifies campaigns in advertising accounts via platform APIs. Where you instruct or use it to publish, pause or edit advertising, you are responsible for reviewing the output before it goes live and for the resulting ad spend. We are not liable for spend incurred through campaigns you approve or publish.
4. Platform termsOur services and software rely on third-party platforms, including Meta Platforms, Google, TikTok, Shopify, Google Workspace and Slack. Your use of our services is also subject to those platforms' own terms and policies, including Meta's Terms of Service, Platform Terms and Advertising Policies. You must not ask us to do anything that would breach them, and we may refuse or stop work that would.
Platforms may change, restrict, reject or disable accounts, ads, features or API access at any time. We are not responsible for platform decisions, outages, API changes, account restrictions or ad disapprovals outside our control.
5. Client engagementsWhere we provide services to a client, the specific scope, fees, ad budgets, term and deliverables are set out in the proposal, scope of work, service agreement or written quote we agree with that client (the "Engagement"). If anything in an Engagement conflicts with these Terms, the Engagement prevails for that client.
Unless the Engagement says otherwise:
Fees are quoted in Australian dollars and exclusive of GST, which is added where applicable.Ad spend is separate from our fees and is either paid by the client directly to the platform or reimbursed to us.Invoices are payable within 7 days. We may pause work on overdue accounts and charge interest on amounts more than 14 days overdue.Term and cancellation: monthly retainers continue until cancelled with 30 days' written notice. Fees for work already performed remain payable.Client responsibilities: providing timely access to accounts, brand assets, approvals and accurate product, offer and compliance information. Delays or inaccurate information may affect timelines and results.6. Approvals and complianceClients are responsible for the accuracy and legality of the claims, offers, pricing and products they ask us to advertise, and for having the rights to any assets they supply. We may decline to run material we believe is misleading, unlawful, or in breach of platform or Australian Consumer Law requirements.
7. Intellectual propertyWe own our website content, methodologies, templates, software, source code and tooling, including anything we build to operate our services. Nothing in these Terms transfers that ownership to you.
On full payment, the client receives a licence to use the final advertising creative we produce for them for their own marketing purposes. Assets licensed from third parties (stock, music, fonts, creator content) remain subject to those licences. We may reference work we have delivered in our own portfolio and marketing unless the client asks us in writing not to.
8. No guarantee of resultsAdvertising performance depends on factors outside our control, including market conditions, competition, platform algorithms, creative, pricing, product and website performance. We provide our services with reasonable care and skill, but we do not guarantee any particular revenue, ROAS, MER, lead volume, ranking or other result, and any forecasts, benchmarks or projections we provide are estimates only.
9. ConfidentialityEach party will keep the other's non-public business information confidential and use it only for the purposes of the Engagement, except where disclosure is required by law or to advisers and service providers bound by similar obligations.
10. Australian Consumer Law and liabilityNothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
Subject to that:
our services and software are otherwise provided "as is" and we exclude all other warranties to the extent permitted by law;we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data, goodwill or anticipated savings; andour total aggregate liability arising out of or in connection with these Terms or an Engagement is limited to the fees paid by you to us in the 3 months immediately before the event giving rise to the liability (excluding ad spend), or, where permitted, to resupplying the relevant services.11. IndemnityYou indemnify us against claims, losses and costs arising from material or information you supply to us, your products or offers, your breach of these Terms or of a platform's terms, or unauthorised use of any access we grant you.
12. Suspension and terminationWe may suspend or terminate your access to our website or software, or an Engagement, immediately if you breach these Terms, fail to pay, or if continuing would breach a platform's terms or the law. On termination you must stop using our software, and we will hand back client-owned account access and deliverables paid for.
13. Privacy and dataHow we handle personal information, platform data, access tokens and data deletion requests is set out in our Privacy Policy: (https://circlesagency.com/privacy). Data deletion requests can be sent to [email protected] with the subject "Data deletion request".
14. Changes to these TermsWe may update these Terms from time to time. The current version is always published at this URL with the "Last updated" date above. Continued use after a change means you accept the updated Terms. Material changes affecting an active Engagement will be communicated to that client directly.
15. GeneralThese Terms are governed by the laws of Queensland, Australia, and both parties submit to the non-exclusive jurisdiction of its courts. If any provision is unenforceable it is severed and the rest continues to apply. Neither party is liable for delays caused by events beyond its reasonable control.
16. ContactCircles Agency AU Pty Ltd
Email: [email protected]
Palm Beach, Gold Coast, QLD 4221, Australia