Terms & Conditions

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.

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.

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.

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).

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.

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.

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.

Advertising Guidelines

If there are specific requirements or restrictions for a campaign to such as blocked websites, competitor exclusions, frequency caps or preferred site lists to clients must supply these in writing. If no such instructions are provided, Onpoint Media will use its discretion to determine optimal placements.

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.

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.

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.

Refunds of Agency Fees

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.

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.

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.

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.

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.

Nothing in these Terms excludes, restricts or modifies any rights or remedies which cannot be lawfully excluded under the Australian Consumer Law.

Onpoint Media shall not be liable for any acts, omissions, or failures of third-party platforms, suppliers or publishers used in delivering campaign activity.

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.

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.

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.

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.

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).

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.

Force Majeure

Sometimes things happen that are beyond our control to 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.

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.

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.

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.

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.

If any part of these Terms is unclear, please contact us using the form provided on this website. We're here to help.