Terms of Service.

These Terms of Service ("Terms") govern your access to and use of the D2C Prominence website (ZaMyth Studios, ABN 33 923 163 329) and the services we provide. By using this website or engaging our services, you agree to these Terms.

If you are entering into these Terms on behalf of a business, you confirm you are authorised to do so. If you do not agree, please do not use the site or our services.

D2C Prominence provides digital advertising and search-visibility services for direct-to-consumer brands, including:

• bottom-of-funnel Google and Microsoft Ads management;
• Meta (Facebook and Instagram) advertising and creative;
• Answer Engine Optimisation (AEO) and SEO;
• free audits, strategies, action plans and educational content (such as our on-demand webinar).

The specific scope, deliverables and fees for any paid engagement are set out in a separate proposal or service agreement, which prevails over these Terms to the extent of any inconsistency.

We offer free resources, including instant audits, Google Ads and Meta strategies, action plans and our on-demand webinar, as a genuine, no-obligation way to show how we work.

These resources are provided for general information only. They are based on the information available to us at the time and do not constitute a guarantee of results, financial advice, or a substitute for professional advice tailored to your circumstances.

Where you engage us for paid services:

• our fees are flat monthly management fees as set out in your proposal, and are separate from advertising spend;
• advertising spend is paid by you directly to the platform (Google, Microsoft or Meta) on your own account, and is never marked up by us;
• fees are billed in advance and are payable per the terms of your agreement;
• engagements are month-to-month with 30 days notice unless otherwise agreed;
• new clients are covered by a 30-day money-back guarantee: if you are not satisfied within the first 30 days of paid management, we will refund that first month’s management fee in full on request. The guarantee covers our management fee only, it does not cover advertising spend paid by you to the platforms, or one-off build work quoted separately. After the guarantee period, fees for services already delivered are non-refundable.

We do not control platform pricing, auction dynamics, ad approvals or policy decisions made by Google, Microsoft or Meta.

Advertising and search performance depends on many factors outside our control, including your product, pricing, website, market conditions and platform algorithms. While we apply genuine skill and care, we do not warrant or guarantee any specific result, ranking, return on ad spend, revenue or outcome.

To enable us to deliver services, you agree to:

• provide accurate, complete and timely information and account access;
• hold the necessary rights to any content, trademarks and assets you provide;
• ensure your website, products and claims comply with applicable laws and platform policies;
• maintain your own payment relationship with the advertising platforms.

You are responsible for the legality and accuracy of the products, offers and claims you ask us to advertise.

All content on this website, including text, design, logos, graphics and code, is owned by or licensed to D2C Prominence and is protected by intellectual property laws. You may not copy, reproduce or republish it without our written permission.

For paid engagements, ownership of campaign assets and deliverables is dealt with in your service agreement. You retain ownership of your own brand, trademarks and content.

Each party agrees to keep the other party confidential information private and to use it only for the purposes of the engagement. We handle your personal information in line with our Privacy Policy.

Our services rely on third-party platforms (such as Google, Microsoft, Meta and Shopify), and our website may link to third-party sites. We are not responsible for the content, policies, availability or practices of those third parties, and your use of them is governed by their own terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

To the maximum extent permitted by law, and subject to those non-excludable rights:

• our services and website are provided "as is", and we exclude all other warranties, express or implied;
• we are not liable for indirect, incidental or consequential loss, or for loss of profit, revenue, data or goodwill;
• where our liability cannot be excluded but can be limited, it is limited to re-supplying the relevant service or paying the cost of re-supply, at our option;
• our total aggregate liability is limited to the fees you paid us in the three months before the event giving rise to the claim.

You agree to indemnify us against claims, losses and costs arising from your breach of these Terms, your misuse of our services, or the content, products and claims you ask us to advertise, except to the extent caused by our own negligence or wrongful act.

Either party may end an engagement in accordance with the notice terms in the service agreement. We may suspend or terminate your access to the website or services if you breach these Terms. On termination, any fees accrued up to that date remain payable.

These messaging terms apply to our SMS and text-message program. D2C Prominence, 737 Burwood Rd, Hawthorn VIC AU 3122.

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from D2C Prominence. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with D2C Prominence. D2C Prominence reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. D2C Prominence also reserves the right to change the short code or phone number or alphanumeric sender where messages are sent.

Your usual message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your mobile provider. Your mobile provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from D2C Prominence again, just sign up as you did the first time and D2C Prominence will start sending messages to you again.

Info

For support regarding our services, email us at team@d2cprominence.com or, if supported, text "HELP" to our messages at any time and we will respond with instructions on how to unsubscribe. If we include a link in messages we send you from D2C Prominence, you may also access instructions on how to unsubscribe and our company information by following that link.

Transfer of number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply "STOP" from the original number, unsubscribe using the link included in our messages (if one is provided), or notify us of your old number at team@d2cprominence.com. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please see our Privacy Policy.

Messaging terms changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. If you do not agree to a change to these Messaging Terms, you should cancel your enrollment with our messaging program. Your continued enrollment following such changes shall constitute your acceptance of such changes.

We may update these Terms from time to time. The current version will always be posted on this page with its "last updated" date. Continuing to use the site or our services after a change means you accept the updated Terms.

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

Questions about these Terms? Contact us at:

• Email: hello@d2cprominence.com
• Post: 737 Burwood Rd, Hawthorn VIC AU 3122

Or reach us through our contact page.