Effective Date: Feb 19th, 2026 IMPORTANT: Please read these Terms of Service carefully before engaging BizGrow Solutions. By signing a Service Agreement, making a payment, or otherwise engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not engage our services.
1. Definitions
In these Terms of Service, the following definitions apply: "BizGrow Solutions", "we", "us", or "our" refers to BizGrow Solutions, an Australian-based digital marketing agency operating globally. "Client" or "you" refers to the individual or business entity that engages BizGrow Solutions for services. "Service Agreement" means the proposal, quote, or written agreement that sets out the specific services, fees, and any performance guarantees agreed between BizGrow Solutions and the Client. "Services" refers to all digital marketing, advertising, consulting, and related services provided by BizGrow Solutions as outlined in a Service Agreement. "Guarantee Period" means the specific timeframe stated in a Service Agreement within which a guaranteed outcome must be achieved (typically 90 days from campaign launch). "Service Area" means the specific geographic location, suburb, or region agreed upon in writing as the target area for a performance guarantee. "Target Keywords" means the specific search terms agreed upon in writing as the basis for measuring guaranteed performance outcomes. "Google Business Profile" or "GBP" refers to a Client's Google Maps / Google My Business listing. "Minimum Ad Spend" means the minimum advertising budget agreed in the Service Agreement that must be maintained by the Client throughout the Guarantee Period.
2. Agreement
to Terms These Terms of Service constitute a legally binding agreement between BizGrow Solutions and the Client. They apply to all Services provided by BizGrow Solutions and govern the relationship between the parties in conjunction with any applicable Service Agreement. These Terms are governed by the laws of New South Wales, Australia. Where the Client is located in the UAE, EU, UK, or USA, applicable mandatory local consumer protection laws are not excluded and will apply to the extent required by law. BizGrow Solutions complies with the following legislation where applicable: Australia: Competition and Consumer Act 2010 (Cth), Schedule 2 — Australian Consumer Law (ACL); Privacy Act 1988 (Cth) United Arab Emirates: Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL); Federal Decree-Law No. 34 of 2021 on Combatting Cybercrimes European Union: General Data Protection Regulation (EU) 2016/679 (GDPR); ePrivacy Directive 2002/58/EC United Kingdom: UK General Data Protection Regulation (UK GDPR); Data Protection Act 2018; Consumer Rights Act 2015 United States (California): California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA)
3. Services
Provided BizGrow Solutions provides digital marketing and growth services to businesses. Services may include but are not limited to: Google Maps / Google Business Profile (GBP) optimisation and management Google Search Ads creation, management, and optimisation Meta Ads (Facebook and Instagram) creation, management, and optimisation Search Engine Optimisation (SEO — organic) Website optimisation and conversion rate optimisation (CRO) AI-powered marketing tools, automation, and implementation Other agreed digital marketing services Coordination and contracting of third-party creative services including photography, videography, and video editing The specific services to be delivered, timelines, deliverables, and any performance guarantees will be set out in the applicable Service Agreement. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement prevails.
4. Performance
Guarantee
4.1 Scope of Guarantee Where a performance guarantee is explicitly stated in a written Service Agreement, BizGrow Solutions guarantees to achieve the agreed outcome within the agreed Guarantee Period. All guarantee terms are strictly limited to those defined in the Service Agreement, including: The specific performance outcome (e.g., Top 3 ranking on Google Maps) The exact Target Keywords agreed upon in writing The Client's nominated Service Area — being the specific suburb or geographic area in which the Client's business primarily operates and which is nominated in the Service Agreement. The guarantee applies only to rankings within this nominated Service Area and does not extend to surrounding suburbs, broader regions, or other locations unless separately agreed in writing. The Guarantee Period (typically 90 days from campaign launch)
4.2 What the Guarantee Covers Where a Google Maps / GBP guarantee is provided, the guaranteed outcome is defined as the Client's Google Business Profile appearing within the top 3 organic results on Google Maps when a search is performed for an agreed Target Keyword by a user located within or searching specifically for the Client's nominated Service Area suburb. Rankings are measured by BizGrow Solutions using industry-standard ranking tools and are verified at the conclusion of the Guarantee Period. Example: If a Client operates a plumbing business in Bondi Junction, NSW, and the agreed Target Keyword is "plumber Bondi Junction", the guarantee applies only to that keyword in that suburb. Rankings for "plumber Eastern Suburbs" or "plumber Sydney" are not covered unless separately agreed in writing.
4.3 Guarantee Exclusions — Conditions That Void the Guarantee The performance guarantee is immediately void and BizGrow Solutions has no refund obligation where any of the following occur: The Client fails to provide timely access to their Google Business Profile, Google account, website, or any other platform necessary to deliver the services The Client makes any unauthorised changes to their Google Business Profile, website content, ad accounts, or any other managed asset during the Guarantee Period without the prior written consent of BizGrow Solutions The Client's Google Business Profile or any associated account is suspended, restricted, or penalised by Google due to the Client's own actions, pre-existing policy violations, or issues that pre-date the engagement The Client fails to maintain the agreed Minimum Ad Spend throughout the Guarantee Period The Client fails to provide accurate business information, including correct service area, business category, or contact details, that materially affects ranking performance The Client cancels, pauses, or instructs BizGrow Solutions to pause services during the Guarantee Period Force majeure events occur, including but not limited to Google algorithm updates, Google platform outages, changes to Google's ranking systems, or any other third-party platform change beyond BizGrow Solutions' reasonable control The Guarantee Period has not yet elapsed at the time a claim is made The Client is in breach of any payment obligation under these Terms or any Service Agreement
4.4 Guarantee Claim Process To make a valid guarantee claim, the Client must: Submit a written claim via email to BizGrow Solutions within 14 days of the expiry of the Guarantee Period Provide the Target Keywords and Service Area as specified in the Service Agreement Confirm that all Client obligations under Section 5 of these Terms have been met throughout the Guarantee Period BizGrow Solutions will assess the claim within 14 business days of receipt. Where a valid claim is confirmed, BizGrow Solutions will, at its sole discretion, either: (a) extend the campaign at no additional management fee cost until the guaranteed outcome is achieved; or (b) issue a refund of management fees paid during the Guarantee Period. Advertising spend is non-refundable in all circumstances.
4.5 ACL Compliance (Australian Clients) Nothing in this Section 4 is intended to exclude, restrict, or modify any rights the Client may have under the Australian Consumer Law (ACL), including any applicable consumer guarantees. To the extent required by the ACL, BizGrow Solutions' liability for breach of a consumer guarantee is limited to re-supplying the services or paying the cost of having the services supplied again.
5. Client
Obligations The Client agrees to the following obligations, which are conditions of the performance guarantee under Section 4 and conditions of the engagement generally: Provide accurate, complete, and up-to-date business information including correct business name, address, service area, business category, and contact details Grant BizGrow Solutions the necessary access to all platforms required to deliver the agreed services, including but not limited to Google Business Profile, Google Ads account, Meta Business Manager, and website backend, within 5 business days of signing the Service Agreement Maintain the agreed Minimum Ad Spend in the nominated advertising accounts throughout the Guarantee Period without interruption Not make unauthorised changes to any campaign, profile, account, or asset managed by BizGrow Solutions during the engagement without prior written consent Respond to approval requests, queries, or information requests from BizGrow Solutions within 5 business days Ensure that all content, imagery, and business information provided to BizGrow Solutions is accurate, lawful, and does not infringe any third-party intellectual property or other rights Maintain all necessary licences, permits, and registrations required to operate the Client's business lawfully Promptly notify BizGrow Solutions of any changes to business details, Google account status, or platform access that may affect campaign performance
6. Fees
and Payment
6.1 Management Fees Management fees are as agreed in the applicable Service Agreement and are payable in advance at the commencement of each billing period. Fees are exclusive of GST (where applicable) unless otherwise stated.
6.2 Advertising Spend Advertising spend (Google Ads, Meta Ads, or other platforms) is separate from BizGrow Solutions' management fees and is the Client's sole responsibility. The Client is responsible for ensuring sufficient funds are available in their advertising accounts at all times. BizGrow Solutions does not accept liability for campaign interruptions caused by insufficient advertising funds.
6.3 Third-Party and Production Costs Any third-party costs incurred on the Client's behalf — including photography, videography, video editing, software subscriptions, or other production services — will be agreed upon in writing before being incurred and invoiced to the Client. BizGrow Solutions acts as coordinator only for such services and is not liable for the quality or delivery of third-party creative work.
6.4 GST and Tax Where BizGrow Solutions is required to charge GST or other applicable taxes, these will be clearly identified on invoices. Clients outside Australia are responsible for compliance with their own local tax obligations.
6.5 Late Payment Invoices are due within 14 days of the invoice date unless otherwise agreed in writing. Overdue invoices may incur a late payment fee of 5% per month on the outstanding balance. BizGrow Solutions reserves the right to suspend all services, including pausing any active advertising campaigns, until outstanding amounts are paid in full. Service suspension due to non-payment does not void any payment obligation and will be counted against the Guarantee Period.
6.6 Refunds Management fees paid for a billing period in which work has commenced are non-refundable except where a valid guarantee claim is upheld under Section
4. Advertising
spend deployed to third-party platforms is non-refundable in all circumstances. This clause does not limit any rights the Client may have under applicable consumer protection legislation.
7. Term
and Termination
7.1 Initial Commitment Period Unless otherwise stated in the Service Agreement, all engagements require a minimum 3-month initial commitment period. The Guarantee Period runs concurrently with the initial commitment period and begins on the campaign launch date confirmed in writing by BizGrow Solutions.
7.2 Month-to-Month Following the initial commitment period, the engagement continues on a month-to-month basis and may be cancelled by either party with 30 days written notice.
7.3 Cancellation During the Guarantee Period If the Client cancels services during the Guarantee Period, the performance guarantee is immediately void and all fees paid for the current billing period are forfeited. No refund will be issued.
7.4 Immediate Termination by BizGrow Solutions BizGrow Solutions may terminate the engagement immediately and without refund where the Client: Engages in unlawful, fraudulent, abusive, or unethical conduct Breaches any material obligation under these Terms or the Service Agreement and fails to remedy the breach within 7 days of written notice Fails to pay any outstanding invoice within 14 days of the due date Provides false or misleading information that materially affects service delivery
7.5 Effect of Termination Upon termination, BizGrow Solutions will provide the Client with access to all assets, creative files, campaign data, and account credentials managed on their behalf within 14 days of the termination date. All outstanding fees remain payable upon termination regardless of the reason for termination.
8. Intellectual
Property
8.1 Client Ownership of Deliverables Upon receipt of full payment of all outstanding fees, the Client owns all creative deliverables produced specifically for them under the engagement, including ad copy, graphics, and content. Ownership does not transfer prior to payment in full.
8.2 BizGrow Solutions' Proprietary Rights BizGrow Solutions retains full ownership of all proprietary systems, methodologies, templates, processes, data, tools, software, and know-how used to deliver services. Nothing in these Terms transfers any of BizGrow Solutions' intellectual property to the Client.
8.3 Third-Party Creative Services Where photography, videography, or other creative content is produced by contracted third parties on behalf of the Client, usage rights will be governed by the relevant third-party agreement. BizGrow Solutions will use reasonable endeavours to secure full commercial usage rights for the Client, but does not guarantee such rights unless expressly confirmed in writing.
8.4 Portfolio Rights BizGrow Solutions reserves the right to reference the Client's business name, industry, and general results achieved as part of our marketing materials, portfolio, and case studies, unless the Client requests in writing that this information be kept confidential. No personally identifiable Client data will be shared publicly without consent.
8.5 Client Content Warranty The Client warrants that all content, images, trademarks, and other materials provided to BizGrow Solutions are owned by the Client or that the Client has all necessary rights and permissions to use them for the purposes of the engagement. The Client indemnifies BizGrow Solutions against any claim arising from a breach of this warranty.
9. Data
Protection and Privacy
9.1 General BizGrow Solutions collects and processes personal data in accordance with our Privacy Policy, available at [website link]. Our Privacy Policy forms part of this agreement and is incorporated by reference.
9.2 Australian Clients — Privacy Act 1988 (Cth) BizGrow Solutions complies with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Clients have the right to access and correct personal information held by BizGrow Solutions and may make a complaint to the Office of the Australian Information Commissioner (OAIC) if they believe their privacy rights have been breached.
9.3 UAE Clients — Federal Decree-Law No. 45 of 2021 (PDPL) For Clients in the UAE, BizGrow Solutions processes personal data in compliance with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL). BizGrow Solutions will: obtain consent before processing personal data where required; process only data that is necessary for the agreed services; implement appropriate security measures to protect personal data; notify the UAE Data Office and affected individuals in the event of a data breach where required; and facilitate Client rights to access, rectify, delete, and restrict processing of their personal data within 30 days of a valid request.
9.4 EU Clients — General Data Protection Regulation (GDPR) For Clients in the European Union, BizGrow Solutions processes personal data as a data controller or, where acting on Client instructions, as a data processor under Regulation (EU) 2016/679 (GDPR). BizGrow Solutions will: process personal data only on a lawful basis; implement appropriate technical and organisational security measures; not transfer personal data outside the EEA without adequate safeguards including Standard Contractual Clauses (SCCs) where required; notify Clients of any data breach within 72 hours where required by GDPR; and uphold data subject rights including access, rectification, erasure, portability, restriction, and objection. EU Clients may lodge complaints with their national data protection supervisory authority.
9.5 UK Clients — UK GDPR and Data Protection Act 2018 For Clients in the United Kingdom, BizGrow Solutions processes personal data in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act
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same data subject rights apply as under EU GDPR. UK Clients may lodge complaints with the Information Commissioner's Office (ICO).
9.6 California Clients — CCPA / CPRA For Clients in California, USA, BizGrow Solutions complies with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). BizGrow Solutions does not sell personal information. California Clients have the right to know, delete, correct, and opt out of the sharing of their personal information, and will not be discriminated against for exercising these rights.
9.7 Data Processing Agreement Where BizGrow Solutions acts as a data processor on behalf of the Client (for example, when managing ad accounts that process end-user data), the parties agree that BizGrow Solutions will process such data only on the Client's documented instructions, in accordance with applicable data protection law. A separate Data Processing Agreement (DPA) may be executed upon request.
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0. Confidentiality
Both parties agree to keep confidential all proprietary, sensitive, or non-public information shared during the engagement, including business strategies, campaign performance data, financial information, pricing, and customer data. Neither party will disclose such information to any third party without the other party's prior written consent, except where required by law or to professional advisors bound by confidentiality obligations. This obligation survives termination of the engagement for a period of 3 years.
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1. Limitation
of Liability
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1.1 General Cap To the maximum extent permitted by applicable law, BizGrow Solutions' total aggregate liability to the Client for any and all claims arising out of or in connection with these Terms or the services provided shall not exceed the total management fees paid by the Client to BizGrow Solutions in the three (3) months immediately preceding the event giving rise to the claim.
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1.2 Excluded Losses BizGrow Solutions is not liable for any of the following, whether arising in contract, tort, or otherwise: Loss of revenue, profit, business opportunity, goodwill, or data Changes to Google's, Meta's, or any third-party platform's algorithms, policies, ranking systems, or terms of service Suspension, restriction, or penalisation of the Client's accounts by any third-party platform Any indirect, consequential, incidental, special, or punitive damages of any kind Any loss arising from the Client's failure to fulfil their obligations under Section 5
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1.3 ACL Saving Provision (Australian Clients) Nothing in this Section 11 is intended to exclude, restrict, or modify any rights the Client may have under the Australian Consumer Law that cannot be excluded by contract. Where the ACL applies, liability for breach of a non-excludable consumer guarantee is limited to re-supplying the services or paying the cost of having the services re-supplied, at BizGrow Solutions' election.
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1.4 UK Consumer Rights Act 2015 (UK Clients) For Clients in the United Kingdom, nothing in these Terms excludes or limits any rights the Client has under the Consumer Rights Act 2015 or any other applicable consumer protection legislation. BizGrow Solutions will perform services with reasonable care and skill as required under the Consumer Rights Act 2015.
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2. Fairness
and Unfair Contract Terms BizGrow Solutions is committed to fair dealing. These Terms are drafted to comply with Australian Consumer Law's unfair contract terms provisions (as amended effective November 2023, extending protections to small businesses), EU Directive 93/13/EEC on unfair terms in consumer contracts, and the UK Consumer Rights Act
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5. If
any term of these Terms is found to be unfair, void, or unenforceable under applicable law, that term will be severed or modified to the minimum extent necessary, and the remaining Terms will continue in full force and effect.
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3. Dispute
Resolution
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3.1 Negotiation First In the event of a dispute arising out of or in connection with these Terms or the services provided, both parties agree to first attempt to resolve the dispute through good faith negotiation. A party wishing to raise a dispute must notify the other party in writing, setting out the nature of the dispute and the resolution sought.
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3.2 Mediation If the dispute is not resolved by negotiation within 30 days of written notice, either party may refer the dispute to mediation conducted by a mutually agreed accredited mediator. The cost of mediation will be shared equally unless otherwise agreed.
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3.3 Legal Proceedings If mediation fails to resolve the dispute, either party may pursue legal proceedings. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Clients in the EU, UK, UAE, or USA retain the right to pursue claims in their local courts where required by mandatory local law.
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3.4 Australian Consumer Law Complaints Australian Clients may also lodge a complaint with the Australian Competition and Consumer Commission (ACCC) or their relevant state consumer protection agency.
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4. General
Provisions
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4.1 Entire Agreement These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior discussions, representations, and agreements.
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4.2 Amendments BizGrow Solutions may update these Terms from time to time. Clients will be notified of material changes at least 14 days before they take effect via email. Continued engagement with BizGrow Solutions following notification constitutes acceptance of the updated Terms.
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4.3 Waiver A failure or delay by BizGrow Solutions to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
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4.4 Assignment The Client may not assign any rights or obligations under these Terms without BizGrow Solutions' prior written consent. BizGrow Solutions may assign its rights and obligations to a successor or related entity with written notice to the Client.
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4.5 Force Majeure BizGrow Solutions will not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, government actions, third-party platform policy changes, internet outages, cyberattacks, or pandemic-related disruptions.
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4.6 Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force and effect.
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4.7 Governing Law These Terms are governed by the laws of New South Wales, Australia. For Clients in the UAE, EU, UK, or USA, applicable mandatory local laws are not excluded by this clause.
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5. Contact
Information For any questions, complaints, or notices regarding these Terms of Service, please contact BizGrow Solutions at: BizGrow Solutions Email: [email protected] Website: bizgrow.solutions These Terms of Service were last updated on 19 February 2026.