Terms and conditions

Effective 13 October 2026

1 Who we are

Agensio is a product of Hustle Holdings Pty Ltd, ABN 69 159 750 722, ACN 159 750 722, of 1/43 Crescent St, Rozelle NSW 2039 (Agensio, we, us or our).

You or your means the person or business using our website or portal, or the client named in an accepted proposal, as applicable. A person accepting an agreement for a business must be authorised to bind that business.

Contact us about these terms, service issues or cancellation at support@getagensio.com. Our privacy contact and information-handling practices are set out in our Privacy Policy.

2 Your agreement with us

These terms set out the conditions for using our website and portal and for services you order from us. A paid service agreement is formed when you and Agensio accept a written proposal, order form or service schedule that identifies these terms and makes them available before acceptance. In these terms, that document is called the Proposal.

An enquiry, strategy-call booking, website visit or request for a quote does not by itself start a paid engagement or authorise a charge.

Your agreement consists of the accepted Proposal, these terms and any expressly agreed schedules or variations. A signed data-processing schedule takes priority for its subject matter. Any other conflict is resolved in favour of a specific, expressly agreed provision in the Proposal, then these terms. Mandatory legal rights always prevail.

Your Proposal must identify the services, deliverables, selected channels and accounts, fees and currency, media budget, initial term, service and billing start dates, billing periods and any agreed exceptions. We will provide a copy of the accepted agreement. A change to our public website or a later version of these terms does not automatically change your existing service agreement.

Nothing in the agreement excludes responsibility for misleading statements or other rights that cannot lawfully be excluded.

3 What Agensio provides

Agensio provides the strategy, campaign management, creative, conversion, reporting and other marketing work specifically described in your Proposal. An experienced Agensio Team Member leads the strategy, directs AI-assisted work, reviews and refines outputs and approves work for release through the agreed approval process.

Your selected plan sets the maximum agreed scope. A channel allowance is a maximum number of managed channels, not a promise that every channel will be suitable or launched at once. A managed-ad-spend ceiling is a scope limit, not advertising credit included in your fee.

The Proposal must state how channels, brands, locations and advertising accounts are counted. Available channel categories may include Meta Ads, Google Ads, TikTok Ads, LinkedIn Ads, Pinterest, SMS and Email. We will confirm the selected channels, provider accounts and available functionality for your engagement before work starts.

Your Proposal sets any quantities, production credits, revision rounds, meeting frequency, response commitments and reporting schedule. A general description of our capabilities does not make every capability an unlimited inclusion. Any credit scheme must state its units, consumption, expiry, rollover and refund rules before you buy it.

Photography or filming, talent, locations, specialist production, substantial website or software development, paid assets, extra accounts and work outside the agreed scope require a separately accepted quote unless expressly included in your Proposal. We will not charge for additional work or third-party commitments without your prior approval.

Any roadmap describes our intended direction and priorities. A 12-month roadmap does not create a 12-month minimum contract unless that term is expressly accepted in your Proposal.

4 Onboarding and start dates

Your Proposal describes the setup work covered by the one-off setup fee, its payment date, the information and account access required from you, and the intended service start date.

Setup may include the agreed discovery, strategy, roadmap and KPI work. Technical integrations, data migration, tracking implementation and production deliverables are included only to the extent stated in the Proposal.

The start and end dates of the initial term must be shown before you accept. Payment dates, service commencement and advertising launch dates are distinct and must not be treated as interchangeable unless your Proposal expressly makes them the same. Paying a setup fee does not start an undisclosed minimum term.

If information, approvals, account access or another dependency is delayed, we will explain the effect and agree a reasonable revised schedule. We will not automatically extend the initial term or add fees because of a delay. Where you ask us to reserve capacity during a delay, any resulting charge must be agreed in writing. This does not remove fees for services we continue to provide under the agreement.

5 Your responsibilities and account access

You must give us timely and reasonably accurate information, brand assets, access and instructions needed for the services. You remain responsible for your business, products, prices, fulfilment, customer service and the accuracy and substantiation of claims about your business.

You must have the rights and permissions needed for materials and data you supply and for the activities you instruct us to perform. Tell us about relevant industry restrictions, regulated claims, required disclaimers and approvals before work is released. We remain responsible for our own work and obligations; your review does not excuse our failure to use reasonable care and skill.

You should retain ownership and administrator control of your own advertising, analytics, CRM, domain, website and sending-provider accounts wherever the provider allows. Give us access through the provider’s delegated-access features where available. Do not send passwords or other account secrets through ordinary email, chat or creative briefs.

You may appoint authorised contacts for day-to-day instructions and approvals. Tell us promptly when their authority changes or an account may be compromised. We may ask for reasonable verification before acting on a sensitive or unusual instruction.

Access to an account does not by itself authorise us to increase budgets, purchase additional services, upload an audience, send a campaign or make changes outside the agreed scope.

6 Approvals and campaign authority

We will agree who can approve creative, claims, destinations, audiences, messages, budgets and campaign launches. We may make routine optimisations without requesting separate approval each time only within a clearly documented authority and budget that you have accepted.

Silence is not approval of a new campaign, a material claim, an increased budget or additional fees. If an approval is needed and has not been given, we may hold the affected work and explain the scheduling impact.

Our human review remains part of our delivery process. It does not transfer decisions reserved to you to an AI system. You should check business-specific facts, offers, prices, availability and any legal or regulated claims in work sent for your approval.

We may temporarily pause affected activity where reasonably necessary to address a suspected security incident, unlawful content, material budget error or serious platform-policy issue. We will notify you promptly, explain the reason and work with you to resolve it. Any pause must be proportionate to the issue.

7 Media budgets and third-party charges

Your approved media budget is separate from Agensio’s fees. Unless your Proposal expressly provides otherwise, you pay advertising platforms directly using your own account and payment method.

We must obtain your approval before increasing the overall approved media budget or committing you to an additional third-party charge. Our ability to allocate an approved budget between campaigns or channels must be stated in the agreed authority.

Advertising platforms may use daily averaging, delayed reporting, currency conversion or billing adjustments. We will use reasonable care to configure and monitor budgets, explain material platform limitations we know about and promptly raise a likely overrun. A platform limitation does not release us from responsibility for our own unauthorised changes or failure to use reasonable care.

If your planned managed spend exceeds your plan’s ceiling, we will discuss a change of scope before accepting that additional management work. There is no automatic plan upgrade or undisclosed overage charge. The Proposal must state any agreed pause or budget-control procedure at the ceiling.

SMS and Email services use the sending-provider arrangements identified in your Proposal. Provider subscriptions, message-delivery charges and other usage fees are payable as disclosed in that Proposal. The 10% ad-spend management fee does not apply to SMS or email sending charges unless an expressly accepted Proposal clearly says it does.

8 Our fees and how we bill

The fees and currency you accept are recorded in your Proposal. The standard structure is a one-off setup fee, a monthly base fee and a management fee calculated as 10% of the agreed managed advertising spend. Corporate engagements use their accepted quote.

Agensio’s quoted setup fee, monthly base fee and calculated 10% management fee include GST. We do not add GST again on top of those quoted amounts. Any separately quoted extra must clearly state the total payable and its GST treatment before approval.

The 10% fee is calculated on the actual tax-inclusive platform advertising spend attributable to the accounts, campaigns and period we are engaged to manage. For example, if eligible spend is $3,000, the management fee is $300 including GST. The advertising spend itself remains payable separately to the platform.

The monthly base fee is invoiced in advance. The variable management fee is invoiced after the relevant month ends and sufficient billing evidence is available. Your Proposal states the billing timezone, period boundaries, setup payment timing, due dates and any agreed direct-debit or saved-payment-method arrangements.

We will make the variable-fee calculation available with the relevant spend period and accounts. Duplicate transactions, spending outside our agreed management scope and amounts that are not advertising spend must not be counted. We will not present an unsupported estimate as a final reconciled charge.

Platform credits and refunds attributable to managed spend reduce the spend on which our percentage fee is earned. If a credit relates to an earlier invoice, we will make the corresponding fee adjustment when reliable evidence is available. Any foreign-currency spend must use the conversion method agreed in the Proposal; we will not add an undisclosed FX margin. Corrections after cancellation remain subject to these same rules.

Payment processing by a third party does not itself authorise any amount outside your agreement. Any recurring payment authority must identify the applicable base charge and variable-charge calculation. We will issue the applicable invoice or charge notice. Cancelling a payment authority does not itself cancel the services, and ending the services does not cancel your separate platform subscriptions.

9 Billing questions and late payment

Contact us promptly if you believe an invoice is wrong. We will review the relevant evidence and correct errors. You should pay any undisputed amount when due. We will not suspend services solely because you have raised a genuine billing dispute in good faith and are cooperating to resolve it.

If an undisputed payment is overdue, we will give written notice explaining the amount, the steps needed to resolve it and a reasonable payment period before suspending affected services. We will consider the amount, likely consequences and any genuine processing error before taking that step. Suspension must be proportionate and does not transfer ownership of your accounts or data to us.

No interest, failed-payment fee, collection charge or reactivation fee applies unless it was clearly disclosed and accepted in your Proposal and is lawful and reasonable. We cannot recover the same cost twice.

Any statutory right to a refund, cancellation, compensation or other remedy is unaffected by invoice due dates, an approval or a billing query not being raised immediately.

10 Minimum term and ordinary cancellation

Your initial commitment is three months unless you expressly accept a longer initial term in the Proposal. We may offer a discount for a longer commitment. Any discount, the commitment it requires and its conditions must be stated in the Proposal before you accept; no discount or later clawback is implied. After the initial term, the engagement continues month-to-month. It does not automatically renew for another fixed term.

Either party may give at least 30 calendar days’ written notice to end the engagement on or after the end of the initial term. Notice can be given during the initial term, so long as the effective end date is no earlier than its end. There is no requirement to wait until the initial term ends before sending notice.

Send cancellation to the contact email in clause 1. We will confirm receipt, the final service date and the expected final billing. A failure to acknowledge a notice does not invalidate a notice that was received. No particular words or telephone call are required if the intention to cancel is clear.

Where the final service date falls part-way through a prepaid monthly period, the base fee is calculated to that date on a daily pro-rata basis, with any surplus refunded. You remain responsible for eligible managed advertising spend through the final service date and any approved, unavoidable third-party commitments disclosed before they were made.

A request to leave before the initial term ends may be resolved by written agreement. Unless we agree to an earlier end or you have a right to end under the agreement or law, the agreed services and fees continue through the initial term. These terms do not automatically accelerate all remaining monthly fees into a lump-sum exit charge. Any agreed early-release amount must take account of services already supplied, unavoidable commitments and costs reasonably saved or mitigated. This does not affect either party’s rights for a breach or your rights under law.

11 Changes to your engagement

Upgrades, downgrades, additional channels, changed deliverables, pauses, revised budgets and extra work require written agreement on the change, price and effective date. We will not apply a new setup fee or restart a minimum term merely because a plan changes unless that is expressly agreed.

The accepted fees and scope remain in place unless both parties agree to change them or end the agreement under these terms. We may propose new terms for a future engagement, but publication of a new price or terms page does not amend an existing agreement.

We may make reasonable operational changes that do not materially reduce the agreed services, increase your obligations or change your rights. A material service change needs agreement. Where a legal or platform requirement prevents us from continuing an affected service, clause 15 applies.

12 Marketing outcomes and reporting

We will provide the agreed services with reasonable care and skill and within the agreed time, or a reasonable time where none is set. We will work towards the objectives agreed with you.

We do not promise a particular number of customers, sales, leads, ranking, cost per acquisition, return on ad spend, revenue or profit. Results depend on factors including the offer, market, competition, budget, platform decisions, website performance, sales process and fulfilment. Forecasts and targets are estimates, not a guarantee of future results. This clause does not qualify a statutory guarantee that applies to our services.

Reports depend on the data and permissions available. We will identify material limitations and estimates rather than present them as confirmed results. Attribution systems can report overlapping conversions and may not capture every sale.

We will agree the definitions used for key measures. A lead is not a paying customer; return on ad spend is a revenue ratio rather than a profit measure; and contribution profit does not include every cost used in calculating net profit. Reliable customer-acquisition and realised-revenue reporting may require sales and cost data from you.

13 Intellectual property and use of work

You retain the rights you already have in your brands, data, content and other materials. You give us a limited right to use, adapt and share those materials with our authorised service providers only as reasonably necessary to provide the services and meet legal obligations, subject to confidentiality and data-protection requirements.

Once you have paid the agreed fees attributable to a final, bespoke deliverable, we assign to you the intellectual-property rights we own in that deliverable. We will obtain the rights and reasonable consents needed from our personnel to give effect to that assignment. The assignment excludes our pre-existing or independently developed tools, reusable templates, software, methods and know-how, and third-party materials.

Where our retained materials are incorporated into a paid final deliverable, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use and adapt them as part of that deliverable for your business, including through a replacement provider. This does not transfer ownership of or a right to separately commercialise our underlying platform or general-purpose tools.

Third-party assets, software, fonts, stock media and AI-provider components may be subject to separate licences. We will identify material restrictions and additional licence costs before you approve their use. You must comply with the licences that apply to your use. Working files and source files are included only where the Proposal says so; this does not limit your rights to your own source materials.

AI-assisted outputs may not be unique and may not attract exclusive intellectual-property protection. We do not promise exclusive rights in material where those rights do not exist or cannot lawfully be transferred. We remain responsible for the reasonable review and rights-management steps included in our services. Any trade mark clearance or specialist legal review must be expressly scoped.

We may show your name, logo, results or work in a case study or portfolio only with your prior written permission. We will not treat silence as permission.

14 Confidentiality and personal information

Each party must protect confidential information received from the other and use it only for the agreement. It may be shared only with people who reasonably need it for that purpose and are subject to appropriate confidentiality obligations, or where disclosure is legally required. Where lawful, the receiving party will give notice of a legally required disclosure.

This obligation does not cover information that is public without a breach, was already lawfully known, is independently developed, or is lawfully received from another source without a duty of confidence.

Our Privacy Policy explains how Agensio handles personal information for its own business purposes. It does not give either party unrestricted permission to use client customer data, contact lists or audiences for new purposes.

Before we access customer databases, audience data or other personal information on your behalf, the Proposal or a separate data-processing schedule must identify the purpose, instructions, data involved, authorised access, relevant providers and locations, security responsibilities, retention, return or deletion and assistance required for privacy requests or incidents. Each party remains responsible for the privacy obligations that apply to it.

You must have a lawful basis and provide the necessary notices and permissions for information you supply and for the proposed use. We must act within the agreed purpose and applicable law. Neither party may assume that the presence of a person in a CRM authorises advertising, audience matching or direct marketing to them.

Neither party may use the other’s confidential information or identifiable customer data to train a general-purpose AI model without separate, informed written authorisation and a lawful basis. Any proposed AI service must be assessed against the agreed confidentiality, provider-use and data-protection requirements before relevant data is supplied.

Each party must use reasonable safeguards appropriate to the information it handles. If it becomes aware of unauthorised access, loss or disclosure affecting the other party’s data in connection with the services, it must notify the other promptly and cooperate on containment, investigation and any legally required notification. Neither party may delay a required notification while waiting for the other’s approval.

15 Platforms and service interruptions

Advertising networks, social platforms, hosting, payment processors, sending providers and other third-party systems have their own terms, charges and availability. We cannot guarantee that a third party will approve an advertisement, maintain an account, preserve an integration or continue a particular feature.

We will use reasonable care when selecting and managing providers we engage for the services. We remain responsible for our contractual obligations and cannot transfer that responsibility merely by using a subcontractor or AI tool. Your direct contracts with your own providers remain between you and those providers.

We will tell you about a material interruption or platform change affecting the services when we become aware of it, take reasonable steps within our control to reduce the impact and discuss alternatives. We will not incur extra fees or move your data to a materially different use or destination without the agreement or other authority required for that change.

If an event outside a party’s reasonable control prevents performance, the affected party must notify the other, explain the likely impact and take reasonable steps to resume. Only the affected obligations are suspended. Fees must be adjusted for services we cannot supply, taking account of any work that continues and approved unavoidable third-party costs. If the interruption is material and no reasonable alternative or resumption date can be agreed, either party may end the affected services without an early-termination penalty.

16 Ending for a problem

Either party may end the agreement by written notice if the other commits a material breach and fails to remedy it within a reasonable period specified in a written notice describing the breach and what is needed to remedy it. The period must reflect the seriousness of the issue and what can reasonably be done to fix it.

A party may end immediately if the breach cannot reasonably be remedied or continuing would be unlawful or create a serious and immediate security or safety risk. Any action must be proportionate. Termination does not remove a right to a remedy for the original breach.

You may also end the affected services and obtain any applicable remedy where the Australian Consumer Law or another mandatory law entitles you to do so. A contractual notice or cure period does not delay such a right.

17 Final invoices and handover

On termination, we will stop new commitments, take the agreed steps to stop or transfer managed campaigns, and explain any platform activity or charges that may continue unless you act. You remain in control of your own platform accounts. We will not intentionally disable or retain your accounts, domains or data to pressure payment of a disputed bill.

We will provide an itemised final account for services supplied, approved unavoidable commitments, variable fees and adjustments, and refund any amount not properly payable. A setup fee is not automatically non-refundable: treatment depends on work actually supplied, approved commitments, the reason for ending and any applicable legal rights.

We will provide your supplied materials and paid final deliverables in the agreed, reasonably available format and remove our account access when it is no longer needed. Your personal information must be returned, retained or deleted in accordance with the applicable data-processing arrangements and law. We may retain records that we are legally required to keep and reasonable records for a dispute, subject to confidentiality and restricted use.

Ordinary delivery of existing agreed files and removal of access is part of closing the engagement. Additional migration, redevelopment or transition support requires an agreed scope and price before we do chargeable work. The end of the agreement does not erase licences already granted for paid deliverables.

18 Australian Consumer Law and liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified. This applies even where you acquire our services for a business purpose.

Where a service fails to meet an applicable consumer guarantee, you may be entitled to correction, cancellation, a refund, compensation or another remedy under law. No general statement about results, third-party systems, approvals, delays or refunds removes those rights.

Subject to those mandatory rights, each party is responsible for loss caused by its breach of the agreement, negligence or unlawful conduct to the extent the law makes it responsible. Liability is reduced to the extent the other party’s conduct contributed to the loss. Each party must take reasonable steps to avoid or reduce a loss after becoming aware of it.

Neither party is required to indemnify the other for loss caused by the other party or its personnel. No additional contractual limitation of liability applies unless it is expressly set out in an accepted Proposal and permitted by law.

19 Complaints and disputes

Please contact support@getagensio.com with the issue and the outcome you seek. We will acknowledge your complaint promptly, investigate it fairly and keep you informed. You can ask for the matter to be reviewed by a senior person who was not directly responsible for the issue where reasonably available.

If we cannot resolve a dispute through discussion, either party may propose mediation with a mutually agreed independent mediator and an agreed allocation of costs. Mediation is not compulsory unless separately agreed after the dispute arises.

Nothing here prevents either party seeking urgent court relief, reporting a matter to a regulator, using an available tribunal or ombudsman, or exercising a statutory right. The complaints process does not shorten a legal limitation period or prevent you obtaining advice.

20 Website and portal use

You may use our public website to learn about Agensio and contact us. Authorised client users may use the portal for the purposes and access level we provide under the engagement. The portal and its underlying software remain ours or our licensors’.

Do not use our website or portal unlawfully, impersonate another person, upload malicious code, attempt unauthorised access, interfere with another client’s information or misuse our systems. Keep account credentials secure and notify us promptly of suspected unauthorised use.

We may restrict access reasonably necessary to address misuse or a security issue, with notice where practicable. We will seek to preserve legitimate access to important invoices, agreements and client data, or provide a reasonable alternative, where it is safe and lawful to do so.

Public-site information may be updated and general material is not tailored advice. We will take reasonable steps to keep commercial information accurate. Links to third-party sites do not imply that we control those sites.

21 General provisions

We are independent service providers. This agreement does not create employment, a partnership or a joint venture. It permits us to act in your accounts only within the authority you expressly give us.

Neither party may transfer the agreement to another legal entity without the other’s written consent, which must not be unreasonably withheld. Engaging personnel or service providers does not relieve Agensio of its obligations. We may work for other clients while protecting your confidential information and any expressly agreed restrictions.

Formal notices must be in writing and sent to the email or postal address stated in the Proposal or later notified for that purpose. An email notice takes effect when it is capable of being retrieved at that address, unless the sender receives a delivery-failure notice. Calendar-day periods are measured using the timezone specified in the Proposal.

If a provision is invalid or unenforceable, it is severed to the extent necessary and the rest continues where it can operate without it. Not immediately exercising a right does not waive that right. Payment obligations properly accrued, confidentiality, intellectual-property rights, privacy duties and provisions intended to operate after termination survive to that extent.

The agreement is governed by the laws of New South Wales, Australia. The parties submit to its non-exclusive court jurisdiction. This does not deprive a client of a mandatory right to bring a claim in another jurisdiction or an available tribunal.

22 Contact