Last updated: 25 February 2026

These Terms of Service (“Terms”) govern your access to and use of the MSgrowth website and any services we provide (collectively, the “Services”). By using our website or engaging us, you agree to these Terms.

1) Who we are

MSgrowth (“MSgrowth”, “we”, “us”, “our”) provides marketing and related services, which may include:

Paid advertising management (e.g., Meta)

Creative strategy and ad assets (as agreed)

Funnel/landing page buildouts and website-related services

Tracking, analytics, and reporting

Automations and AI receptionist / lead follow-up systems (where offered)

2) Eligibility and authority

If you engage MSgrowth on behalf of a business, you confirm you have authority to bind that business to these Terms.

3) Scope of services

The exact deliverables, timelines, inclusions, and fees will be defined in:

A proposal, statement of work, invoice, or written agreement (email/DM accepted)
If there is any conflict, that written agreement will take priority over these Terms.

4) Client responsibilities

You agree to:

Provide accurate information and timely access to required accounts (e.g., Meta Business Manager, ad accounts, website access)

Review and approve assets/settings promptly where approvals are required

Ensure your business complies with all relevant laws (consumer law, spam rules, privacy, industry regulations)

Ensure claims in your ads/website are true and substantiated (prices, guarantees, outcomes, before/after claims, testimonials, etc.)

Delays caused by missing access, approvals, or information may delay results and timelines.

5) Advertising platforms and third parties

Advertising platforms (e.g., Meta) are third parties with their own rules. You acknowledge:

We cannot control platform approvals, disapprovals, suspensions, auctions, CPM changes, or policy enforcement

Results depend on many factors outside our control (market demand, competition, budget, offer, creative, seasonality, sales process)

6) No guaranteed results

Unless explicitly agreed in writing (e.g., a signed/accepted guarantee document), MSgrowth does not guarantee specific outcomes such as:

revenue, profit, ROAS, lead volume, booked jobs, or conversion rate

If you have a “risk-free” or “no results, no pay” arrangement, it must be documented in writing and may include conditions (e.g., minimum ad spend, sales follow-up requirements, tracking setup, timeframe).

7) Fees, billing, and payments

Fees are as stated in your proposal/invoice.

Ad spend is typically paid directly by you to the platform (unless otherwise agreed).

Late payments may pause work and access to deliverables until resolved.

Unless required by law, fees are non-refundable once work has commenced, except as stated in a written guarantee/refund policy.

8) Cancellations and termination

Either party may terminate by written notice, subject to your agreement terms. On termination:

You remain responsible for fees incurred up to the termination date

We may hand over reasonable materials created (as applicable and once paid)

Any third-party subscriptions/accounts remain your responsibility unless otherwise agreed

9) Intellectual property

Your materials: You retain ownership of your pre-existing logos, branding, and content you provide.
Our materials: We retain ownership of our pre-existing templates, frameworks, processes, and know-how.
Work product: Upon full payment, you receive a licence to use the deliverables created for you for your business marketing. Unless agreed otherwise, you may not resell or redistribute our templates/frameworks.

10) Confidentiality

Both parties agree to keep confidential information private, except:

With consent

To service providers as needed to perform Services

If required by law

11) AI and automation features (if applicable)

If we implement AI receptionist or automation systems:

You are responsible for approving the scripts, flows, and customer-facing messaging (unless otherwise agreed)

AI outputs can be inaccurate; you agree to review configurations and monitor performance

You must ensure your use complies with applicable laws (recording consent, disclosures, marketing consent, privacy obligations)

12) Limitation of liability

To the maximum extent permitted by law:

MSgrowth is not liable for indirect, consequential, special, or incidental losses (e.g., lost profits, lost revenue, business interruption)

Our total liability for any claim related to the Services is limited to the amount you paid us in the 3 months prior to the event giving rise to the claim (or the minimum required by law if higher)

Nothing in these Terms limits rights you may have under applicable consumer laws that cannot be excluded.

13) Indemnity

You agree to indemnify us for claims arising from:

Content or claims you supply

Your products/services, fulfilment, or customer disputes

Your breach of these Terms or platform policies

14) Website use rules

You agree not to:

Misuse the website or attempt unauthorised access

Interfere with security or performance

Copy, scrape, or reproduce site content without permission

15) Changes to these Terms

We may update these Terms from time to time. The “Last updated” date will change, and the updated Terms apply from the date posted.

16) Governing law

These Terms are governed by the laws of Western Australia, Australia, and courts in that jurisdiction have non-exclusive jurisdiction.