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Terms of Service

Last updated: September 2026

Key Points

This summary is here to help you find your way around. It does not replace the terms below, and if anything in it differs from them, the terms apply.

  • We work month to month. Either of us can end the agreement by giving 30 days' written notice (section 16).
  • Our prices are plus GST. The management fee is invoiced monthly in advance, and any setup fee is invoiced before setup work starts (section 7).
  • You pay your ad spend directly to Google, Meta or the other platforms, and you decide the budget (section 6).
  • You own your ad accounts, audiences, lead data and the custom creative you have paid for (section 11).
  • We do not promise a particular number of leads or sales, except under the Results Guarantee where it is written into your client agreement (sections 9 and 10).
  • Our services are for businesses, so the Consumer Guarantees Act and some sections of the Fair Trading Act do not apply between us (section 2).
  • Our liability is limited to the fees you paid us in the 3 months before a claim (section 17).

1. About These Terms

  1. Who we are. These terms are between Lucid Media Limited (NZBN 9429036627387), trading as Lucid Leads ("we", "us" or "our"), and the business that engages us for services ("you").
  2. What makes up our agreement. Our agreement with you is made up of your signed client agreement, the proposal it refers to, and these terms. If they conflict, your client agreement applies first, then your proposal, then these terms.
  3. When these terms apply. These terms apply from when you accept a proposal, sign a client agreement, pay an invoice from us, or ask us to start work, whichever happens first.
  4. Website visitors. If you are only using our website and have not engaged us for services, section 22 is the part that applies to you.

2. Business Clients Only

  1. Our services are for businesses. We provide our services only to businesses. By engaging us, you confirm that you are acquiring the services for the purposes of your business, and not for personal, domestic or household use.
  2. Consumer Guarantees Act. You and we are both in trade, and the services are supplied and acquired in trade. We both agree that the Consumer Guarantees Act 1993 does not apply to the services or to our agreement.
  3. Fair Trading Act. We both agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply between you and us in connection with our agreement.
  4. Why this is fair. We both agree that it is fair and reasonable to contract out of those provisions, because we are both in trade, you can read these terms and your proposal before you sign, and you can ask us questions or get your own advice first.
  5. Nothing more than the law allows. This section only applies to the extent the law allows. It does not protect either of us from liability for a statement that the person making it knew was false.

3. Our Services

  1. What we do. We provide lead generation and related digital marketing services for businesses, which may include managing paid advertising on Google and Meta, landing pages and funnels, ad creative, tracking, CRM setup and lead qualification. The services you receive are the ones set out in your proposal.
  2. How we work. We will provide the services with reasonable care and skill, and in line with the advertising platforms' rules.
  3. Changes to scope. If you ask for work that is not in your proposal, we will tell you whether it is included or quote it separately before we start. We will not charge you for extra work you have not agreed to.
  4. Optional SDR lead-call service. Our SDR service, where our team calls your leads on your behalf, is optional. It is only included if it is set out in your proposal, and it is quoted separately from the management fee.
  5. Our team. We may use our own staff and trusted contractors to deliver the services. We remain responsible for their work.

4. Your Responsibilities

To help us get you results, you agree to:

  1. give us accurate and complete information about your business, services, pricing and service area, and tell us when anything changes;
  2. give us the access we need to your ad accounts, website, tracking and any other tools used for the services, and keep that access in place during the engagement;
  3. respond to our questions and approval requests within the timeframes in section 5;
  4. follow up your leads promptly, because how quickly and how well enquiries are handled has a big effect on results;
  5. keep your ad budget funded with the platforms; and
  6. pay our invoices on time.

If you do not do these things, we are not responsible for any delay or effect on results that follows.

5. Approvals

  1. Approving drafts. We will send you ads, landing pages and other work for approval before it goes live. Please approve it, or tell us what you would like changed, within 3 working days.
  2. Routine changes. Once your campaigns are live, we make routine changes to keep them performing, such as adjusting bids, keywords, audiences and ad variations within the approved approach. If we ask you to approve a routine change and you have not replied within 5 working days, we may treat it as approved.
  3. What always needs your express approval. We will never publish a new offer, a price, or a claim about your business, products or results without your express approval. Silence does not count as approval for these.
  4. Delays. If approvals are delayed, launch dates and any timeframes that depend on them move back accordingly.

6. Advertising Platforms and Ad Spend

  1. You pay the platforms directly. Your ad spend is paid by you directly to Google, Meta or the other platforms, using your own payment method. It is separate from our fees and is not paid to us, unless your proposal says otherwise.
  2. You set the budget. You decide your ad budget. We will recommend budgets and manage your campaigns within the budget you approve, and we will not increase it without your agreement.
  3. Platform rules. Your ads must comply with each platform's advertising policies. We will work within those policies, but you are responsible for your account complying with them.
  4. Platform decisions are outside our control. The platforms make their own decisions and change them often. We are not responsible for ad disapprovals, account restrictions or suspensions, changes to algorithms, policies or ad prices, reporting errors or outages. If one of these affects your campaigns, we will tell you and do what we reasonably can to resolve it.

7. Fees and Payment

  1. Our fees. Our fees are set out in your proposal. Our management fee is a flat monthly fee, not a percentage of your ad spend. All prices are in New Zealand dollars and are plus GST.
  2. Setup fee. If your proposal includes a setup fee, we will invoice it up front, and we start setup work once it is paid. The setup fee is non-refundable once setup work has started. If you cancel before we have started, we will refund it in full.
  3. Management fee. The management fee is invoiced monthly in advance. Invoices are due within 7 days of the invoice date.
  4. Other costs. Optional services, such as the SDR lead-call service, and any third-party costs are charged only if they are in your proposal or you agree to them in writing first.
  5. Late payment. Once an invoice is 14 days overdue, we may pause work until it is paid. We will tell you before we do. We do not charge interest on late payments, but if we need to use a debt collection agency or take other steps to recover an overdue amount, you agree to pay our reasonable costs of doing so.
  6. Disputed invoices. If you think an invoice is wrong, please tell us within 7 days of receiving it and pay any part that is not in dispute. We will work with you to sort it out quickly.
  7. Changes to our fees. We may change our fees by giving you at least 30 days' written notice. If you do not accept the change, you can end the agreement under section 16 before it takes effect.

8. Your Content, Offers and Claims

  1. You are responsible for your business facts. You are responsible for the accuracy and lawfulness of your offers, prices, claims, products and services, and of any materials you supply to us, such as images, logos, testimonials, reviews and customer lists.
  2. You have the right to use your materials. You confirm that you own or have permission to use everything you supply to us, and that we can use it to provide the services.
  3. Our part. We will write and build your campaigns carefully and flag anything that looks likely to breach a platform's policies or the law. We are not able to check every fact about your business, and we rely on the information you give us.
  4. Indemnity. You agree to cover us for any loss, cost or claim against us that arises from your offers, claims, products or services, from materials you supply, or from anything you approve that turns out to be inaccurate or unlawful.

9. Results Disclaimer

Marketing results depend on many factors outside our control, including market conditions, competition, seasonality and how quickly enquiries are followed up. Apart from the Results Guarantee in section 10, which applies only where it is included in your client agreement, we do not guarantee any particular number of leads, sales, revenue or return on ad spend.

10. Results Guarantee

  1. Who it applies to. The Results Guarantee is offered only to eligible clients, and applies only where it is set out in your proposal and written into your client agreement. It is not included in every engagement.
  2. Eligibility. Eligibility is agreed with you before you sign and depends on factors including an agreed minimum monthly ad spend, the campaign scope, your industry and service area, and any advertising restrictions that apply to your business. The specific requirements for your engagement are listed in your client agreement.
  3. What we guarantee. If we do not deliver 30 qualified leads within the guarantee period, which is the first 30 days after your campaigns go live, we will refund 100% of the management fee you paid us for that period.
  4. What counts as a qualified lead. A qualified lead is an enquiry that meets the criteria we agree with you in writing before launch, such as service type, location and valid contact details. Duplicate, spam or test enquiries do not count.
  5. What the refund covers. The refund is limited to our management fee for the guarantee period. It never includes ad spend paid to Google, Meta or any other platform, and it does not include any one-off setup fee.
  6. What we need from you. The guarantee depends on you doing your part during the guarantee period: approving ads, landing pages and offers within the agreed timeframes, keeping the agreed ad budget funded and running, giving us the access we need to your ad accounts and tracking, and responding to leads promptly. If campaigns are paused, the budget is reduced or approvals are delayed at your request, the guarantee period may be extended or the guarantee may not apply, as set out in your client agreement.
  7. How to claim. To make a claim, email us at jason@lucidleads.co.nz within 14 days of the end of the guarantee period. We will review the lead records with you against the agreed criteria, and if the guarantee applies we will refund the management fee within 14 days of confirming the claim.
  8. Your agreement takes priority. If anything in this section differs from your client agreement, your client agreement applies.

11. Ownership and Intellectual Property

  1. What you own. You own your ad accounts, your audiences, your lead and customer data, and the custom creative we make specifically for you (such as ad copy, images, videos and landing page content) once you have paid for it.
  2. Your ad accounts. The ad accounts we run for you belong to you. If we create an account on your behalf, we will set it up so that you own it, or transfer it to you when the engagement ends.
  3. What we keep. We keep ownership of our templates, frameworks, systems, processes, software, tools and know-how, including anything we developed before or outside your engagement. Where any of these form part of work we deliver to you, you have a licence to keep using them as part of that work.
  4. Third-party material. Stock images, fonts, software and other third-party material are used under their own licences, which you must keep to.

12. Leads and Privacy

  1. Your leads. The leads we generate belong to you. We handle lead data on your behalf, only to provide the services, and we do not use it for any other purpose or sell it.
  2. Privacy law. Each of us will comply with the Privacy Act 2020. You are responsible for how you contact and use your leads once we pass them to you, including following the Unsolicited Electronic Messages Act 2007 when you send marketing messages.
  3. Our Privacy Policy. Our Privacy Policy explains how we collect and handle personal information.

13. Confidentiality

  1. Both ways. Each of us will keep the other's confidential information private, and use it only for the purposes of our agreement. Confidential information includes business plans, pricing, customer and lead data, account results and our methods.
  2. Exceptions. This does not apply to information that is already public (other than through a breach of this section), that the receiving party already had or developed independently, or that must be disclosed by law. Either of us may share confidential information with our own staff, contractors and advisers who need it and who keep it confidential.
  3. After the engagement. This section continues to apply after our agreement ends.

14. Case Studies

  1. Anonymised results. We may share the results of our work for you in case studies and marketing without naming you, for example "a Waikato builder", unless you tell us in writing that you would prefer we did not.
  2. Naming you. We will only use your business name, logo or testimonial with your permission.

15. Non-Solicitation

During the engagement and for 12 months after it ends, you agree not to hire or engage any of our staff or contractors directly, whether as an employee, contractor or otherwise, without our written agreement.

16. Term and Ending the Agreement

  1. Month to month. Our agreement runs month to month from the start date in your client agreement, unless your client agreement sets a different term.
  2. Ending it with notice. Either of us can end the agreement at any time by giving 30 days' written notice. Fees for the notice period are payable as normal, and we will keep providing the services during it.
  3. Ending it straight away. Either of us can end the agreement immediately by written notice if the other party:
    • seriously breaches the agreement and does not fix the breach within 14 days of being asked to in writing; or
    • becomes insolvent, goes into liquidation, receivership or administration, or stops carrying on business.
  4. What happens when it ends. When the agreement ends, we will stop work, hand over access to your ad accounts, tracking and other tools we manage for you, and give you your lead data and the creative you have paid for. We will then send a final invoice for any fees owing up to the end date that you have not already paid.
  5. What continues. Sections 8, 11, 13, 14, 15, 17, 19 and 21, and any obligation to pay, continue to apply after the agreement ends.

17. Limitation of Liability

  1. Our overall cap. Our total liability to you for all claims arising from or in connection with our agreement, whether in contract, negligence or otherwise, is limited to the fees you paid us in the 3 months before the claim. Ad spend paid to the platforms is not part of the fees.
  2. Indirect loss. Neither of us is liable to the other for indirect or consequential loss, or for loss of profits, revenue, business, opportunity or goodwill.
  3. What is not limited. Nothing in this section limits liability for fraud or wilful misconduct, or any liability that cannot be limited by law. It also does not limit your obligation to pay our fees, or your indemnity in section 8.
  4. Shared responsibility. Our liability is reduced to the extent that a loss was caused by you, or by a platform or other third party we are not responsible for.

18. Events Outside Our Control

Neither of us is liable for a delay or failure to meet our obligations (other than paying money) caused by events outside our reasonable control, such as natural disasters, pandemics, power or internet outages, platform outages, or actions by government. The affected party will tell the other as soon as it can and resume as soon as reasonably possible. If the event lasts more than 30 days, either of us can end the agreement by written notice.

19. Resolving Disputes

  1. Talk first. If a dispute comes up, please tell us in writing. We will both try in good faith to resolve it by talking it through.
  2. Mediation. If we cannot resolve it within 20 working days, either of us can refer it to mediation in New Zealand, with a mediator we agree on. We will share the mediator's costs equally.
  3. Courts. If mediation does not resolve the dispute, either of us may take it to the New Zealand courts. Nothing in this section stops either of us seeking urgent relief from a court, or recovering an unpaid invoice.

20. Changes to These Terms

We may update these terms from time to time by publishing a new version on this page. We will let current clients know by email before a change takes effect. A change does not affect a signed client agreement until that agreement is renewed or replaced.

21. General

  1. Notices. Notices under our agreement must be in writing, and email is fine. Send notices to us at jason@lucidleads.co.nz. We will send notices to the email address in your client agreement, or the one you most recently gave us.
  2. Whole agreement. Our agreement, as described in section 1, is the whole agreement between us about the services and replaces any earlier discussions or arrangements.
  3. Transfer. Neither of us may transfer our agreement to someone else without the other's written consent, which will not be unreasonably withheld.
  4. If part is invalid. If any part of these terms is found to be invalid or unenforceable, the rest continues to apply.
  5. Not enforcing a right. If either of us does not enforce a right straight away, that does not mean we have given it up.
  6. Independent parties. We are an independent contractor. Nothing in our agreement creates a partnership, joint venture or employment relationship.
  7. Governing law. These terms and our agreement are governed by the laws of New Zealand.

22. Using Our Website

  1. General information only. The content on our website, including our blog, guides and cost pages, is general information. It is not advice for your particular business, and you should not rely on it as if it were.
  2. Calculators and benchmarks. Our calculators, cost ranges and benchmarks give estimates based on typical figures and the details you enter. Your actual costs and results will differ.
  3. Case studies. The results in our case studies and testimonials are examples of what particular clients achieved. They are not a promise of the results you will get.
  4. Our content. The content on our website belongs to us or is used with permission. You are welcome to read it and share links to it, but please do not copy or republish it without our permission.
  5. Links to other sites. We are not responsible for the content or practices of other websites we link to.
  6. Changes and availability. We may change or remove content on our website at any time, and we do not promise that it will always be available or error free. To the extent the law allows, we are not liable for any loss arising from your use of our website.

23. Contact

If you have any questions about these terms, please get in touch.

Lucid Media Limited, trading as Lucid Leads
60 Highbrook Drive, East Tāmaki, Auckland 2013
Email: jason@lucidleads.co.nz
Phone: +64 27 582 4369