Terms of Service - Mitch Agency

1. Agreement to terms

By accessing or using the Mitch Agency website and services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

These terms apply to all visitors, prospective clients, and active clients of Mitch Agency.

2. Services description

Mitch Agency provides performance marketing services for direct-to-consumer brands. This includes, but is not limited to:

Paid advertising management across Meta, Google, and other platforms.
Campaign strategy, setup, and optimization.
Performance reporting and analytics.
Creative strategy and ad copy development.
Free advertising audits for prospective clients.

The specific scope of services for each client is defined in the individual service agreement or proposal.

3. Pricing and payment

All engagements are month-to-month. There are no long-term contracts or lock-in periods. You can cancel at any time with 30 days written notice.

Pricing is based on the service tier agreed upon at the start of the engagement. Any changes to pricing will be communicated at least 30 days in advance.

Payment is due within 14 days of invoice date. All prices are in EUR unless otherwise specified. Late payments may incur interest as permitted by Australian law.

Ad spend budgets are separate from management fees. You pay platform ad costs directly to the advertising platforms (Meta, Google, etc.).

4. 90-day performance guarantee

We offer a 90-day performance guarantee on our managed advertising services. If we do not deliver measurable improvement within the first 90 days of working together, you are eligible for a refund of management fees paid during that period.

"Measurable improvement" is defined in your service agreement and typically includes metrics such as return on ad spend (ROAS), cost per acquisition (CPA), or qualified lead volume.

The guarantee does not cover ad spend paid directly to platforms, nor does it apply if the client materially changes strategy, restricts account access, or fails to provide required assets within agreed timelines.

To claim the guarantee, notify us in writing within 14 days of the 90-day period ending.

5. Account access and ownership

You own all your accounts. Advertising accounts, analytics properties, and any other platform accounts belong to you. We never create accounts under our ownership on your behalf.

You grant us the necessary access permissions to manage campaigns and view reporting data. You can revoke this access at any time.

Upon termination of services, we will promptly remove our access from all your accounts. All campaigns, audiences, and assets created during the engagement remain yours.

6. Intellectual property

Ad copy, campaign structures, audience strategies, and other deliverables created for you during our engagement are yours to keep and use, even after the engagement ends.

Mitch Agency retains ownership of proprietary tools, processes, and methodologies used to deliver services. We may use anonymized, aggregated performance data for case studies and marketing purposes, unless you object in writing.

The Mitch Agency name, logo, and branding are our intellectual property and may not be used without permission.

7. Limitation of liability

We work hard to deliver results, but advertising outcomes depend on many factors outside our control - market conditions, product-market fit, platform algorithm changes, and competition.

To the maximum extent permitted by law, Mitch Agency's total liability for any claim arising from our services is limited to the management fees paid by you in the three months preceding the claim.

We are not liable for indirect, incidental, or consequential damages, including lost revenue, lost profits, or loss of business opportunity.

We are not responsible for actions taken by advertising platforms, including account suspensions, policy changes, or ad disapprovals.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, financial data, customer lists, and campaign performance data.

Confidentiality obligations survive the termination of services for a period of two years.

9. Termination

Either party may terminate the service agreement with 30 days written notice. No reason is required.

Upon termination, we will provide a final report summarizing campaign performance and any recommended next steps. We will remove our access from all your accounts within 5 business days.

Outstanding invoices remain due and payable after termination. Work completed up to the termination date will be billed proportionally.

10. Governing law

These terms are governed by and construed in accordance with the laws of Australia. Any disputes that cannot be resolved amicably will be submitted to the courts of the State of Victoria, Australia.

11. Changes to these terms

We may update these terms from time to time. Material changes will be communicated to active clients via email at least 30 days before they take effect. Continued use of our services after changes take effect constitutes acceptance of the updated terms.

12. Contact

Questions about these terms? Reach out:

Mitch Agency
Email: [email protected]