Legal

Terms of Service

Last updated: June 2026

1. Agreement

By engaging BOOKD Digital Pty Ltd ("BOOKD Digital", "we", "us", "our") for services, or by accessing our client portal or website, you ("the Client") agree to be bound by these Terms of Service ("Terms"). These Terms form a binding agreement between you and BOOKD Digital Pty Ltd, ABN registered, 333 Kent Street, Sydney NSW 2000, Australia.

If you do not agree to these Terms, you must not use our services. We reserve the right to update these Terms from time to time. Continued use of our services following notification of updates constitutes acceptance of the revised Terms.

2. Services

BOOKD Digital provides done-for-you patient acquisition services for aesthetic and medical clinics, including but not limited to:

Paid social and search advertising (Meta/Facebook, Instagram, and Google) — campaign strategy, creative development, audience targeting, and ongoing optimisation.

AI-powered lead follow-up — automated voice agents, SMS sequences, and email nurture flows designed to convert enquiries into booked appointments.

Custom landing pages and treatment funnels — branded, high-conversion pages built for specific treatments or clinic offerings.

Live ROI dashboard — a real-time reporting portal displaying spend, leads, appointments booked, and revenue tracked.

The specific services included in your engagement are defined in your service agreement or onboarding documentation. BOOKD Digital reserves the right to update, modify, or discontinue specific features or tools within the platform with reasonable notice.

3. Payment Terms

Monthly retainer fees are invoiced in advance at the start of each billing period and are due within 7 days of the invoice date.

A performance fee of 5% applies to client revenue tracked and attributed above the agreed monthly threshold (as specified in your service agreement). Performance fees are invoiced monthly in arrears.

A minimum commitment of three (3) calendar months applies to all service agreements. After the minimum term, either party may terminate the agreement with 30 days written notice.

All fees are quoted and payable in Australian Dollars (AUD) unless otherwise agreed in writing. Goods and Services Tax (GST) will be added where applicable.

Late payments may incur interest at a rate of 2% per month, and BOOKD Digital reserves the right to suspend services for accounts with overdue invoices.

4. Ad Spend

Clients are solely responsible for their own advertising spend on Meta (Facebook/Instagram), Google, and any other third-party ad platforms. Ad spend is billed directly by the relevant platform to the client's nominated payment method and is entirely separate from BOOKD Digital's service fees.

BOOKD Digital recommends a minimum daily ad spend of $30–$100 per day to achieve meaningful campaign performance. We will make recommendations as to appropriate spend levels, but the final decision rests with the client.

BOOKD Digital is not liable for any advertising spend, overspend, platform billing errors, or payment issues arising from the client's ad accounts.

5. Client Obligations

To enable BOOKD Digital to deliver services effectively, the Client agrees to:

Provide accurate, complete, and up-to-date information about their clinic, services, target audience, and business goals.

Grant timely access to required advertising accounts, analytics platforms, and any other tools reasonably necessary for campaign delivery.

Respond to requests for approvals, creative feedback, or information within 3 business days. Delays caused by the Client may affect campaign timelines, for which BOOKD Digital will not be held responsible.

Ensure that all information provided complies with applicable laws, including TGA advertising guidelines, and does not infringe any third-party intellectual property rights.

Notify BOOKD Digital promptly of any significant changes to the clinic's services, ownership, or regulatory status.

6. TGA Compliance

All advertising and marketing materials created by BOOKD Digital are produced in accordance with the Australian Therapeutic Goods Administration (TGA) advertising guidelines and the Therapeutic Goods Act 1989 (Cth).

BOOKD Digital does not make specific efficacy claims, before-and-after promises, guaranteed outcome statements, or any other representations that would constitute a breach of TGA guidelines.

The Client acknowledges that no guaranteed results are implied or promised by BOOKD Digital in relation to patient acquisition, revenue growth, or treatment outcomes. Campaign performance depends on a range of factors outside BOOKD Digital's control, including market conditions, ad platform algorithms, and clinic-specific variables.

The Client is responsible for ensuring that their clinic's services, treatments, and claims comply with all applicable regulations, including TGA guidelines, AHPRA advertising guidelines, and any other relevant legislation.

7. Intellectual Property

BOOKD Digital retains full ownership of all systems, technology, software, processes, methodologies, templates, and platform tools developed or used in the delivery of services, including the client portal, AI workflows, and campaign frameworks.

The Client retains ownership of their own data, including lead data, patient information, and revenue data processed through the platform. The Client also retains ownership of creative assets produced using their own brand materials, logos, and clinic imagery.

Ad creatives, landing page copy, and campaign materials developed by BOOKD Digital on behalf of the Client may be used by the Client during the term of the agreement. Upon termination, continued use of such materials is subject to separate written agreement.

Neither party may use the other's brand name, logo, or trademarks without prior written consent.

8. Limitation of Liability

BOOKD Digital's liability to the Client is limited to the total fees paid by the Client in the three (3) months preceding the event giving rise to the claim.

BOOKD Digital is not liable for any indirect, consequential, special, or punitive damages, including but not limited to lost revenue, lost profit, or loss of opportunity.

BOOKD Digital is not liable for results, performance, or outcomes arising from changes to third-party advertising platforms (including Meta and Google algorithm updates, policy changes, or platform outages), market conditions, or any factors outside our reasonable control.

Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded by law.

9. Confidentiality

Both parties agree to keep confidential all commercial terms, pricing, campaign performance data, business information, and any other information designated as confidential by either party ("Confidential Information").

Neither party will disclose Confidential Information to any third party without prior written consent, except where required by law or to professional advisers bound by equivalent confidentiality obligations.

This confidentiality obligation survives termination of the service agreement for a period of two (2) years.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for the resolution of any disputes.

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation before initiating formal proceedings.

11. Contact

For questions about these Terms, please contact us:

BOOKD Digital Pty Ltd 333 Kent Street, Sydney NSW 2000 Email: ange@bookddigital.com.au

These Terms of Service were last updated in June 2026.