Website and Service Terms

Last updated: 19 September 2026

These terms are between you and Owen Anthony Cumine, trading as Acoma (ABN 95 542 651 312) ("Acoma," "we," "us" or "our"). If you are simply browsing this website, the "Website use" section below applies to you. If you engage Acoma for paid Meta (Facebook and Instagram) advertising management, creative or lead follow-up services, the "Paid services" sections also apply, but only once you have separately accepted a proposal, statement of work or service agreement as described in Section 2. If a client-specific proposal or service agreement conflicts with the general wording on this page, the client-specific document controls, except where the law requires otherwise.

1. Website use

Browsing this website, submitting the enquiry form, or booking a free call does not, by itself, create a paid service contract between you and Acoma. It only means we may contact you about your enquiry, in line with our Privacy Policy. You agree to use this website lawfully and not to misuse the enquiry form (for example, by submitting false information or attempting to disrupt the site).

2. How a paid engagement begins

A paid engagement with Acoma begins only when you have separately accepted one of the following:

• A signed service agreement;
• A signed proposal or statement of work that incorporates these service terms; or
• A clear electronic "I agree" action, shown to you before payment or campaign access begins.

You will be able to review the applicable terms before accepting, and we will provide you with a dated copy of what you accepted afterward. Visiting this website, booking a free call, or sending an enquiry email is not treated as acceptance of paid-service terms.

3. Services and scope

Acoma provides Meta (Facebook and Instagram) advertising management for local businesses, which may include campaign strategy, ad creative, campaign setup and testing, and lead follow-up systems. The exact services, deliverables, fees, campaign channels, creative quantities, reporting and timing for your engagement are set out in your accepted proposal or statement of work, not only in a verbal strategy call.

4. Onboarding and launch dependencies

Timelines, including any target launch date, depend on us receiving from you (as applicable): payment, Meta account and page access, business details, brand assets, your offer and pricing, any required licences or substantiation for claims you want us to advertise, your approval of ad creative, tracking access, and your privacy and lead-handling instructions. Delays in providing these will affect timing.

5. Fees, GST and ad spend

• Management fees and advertising spend are separate unless we expressly agree otherwise in writing.
• Your proposal or service agreement specifies the fees and billing dates that apply to you.
• Acoma is not currently registered for GST. While that remains the case, GST is not added to our fees or invoices. If our GST registration status changes, we will update our pricing and invoices lawfully and give you notice before any change takes effect.
• Where practicable, we prefer that Meta advertising spend is paid by you directly to Meta, so you retain full control and visibility over that spend.
• If Acoma holds or manages ad-spend funds on your behalf, this requires your written spending authority, an agreed spend cap, regular reconciliation, and a clear process for any unused funds. We will not exceed an authorised spend cap without your written approval.

6. Month-to-month service, renewal and cancellation

Unless your proposal states a different term, our services are provided on a month-to-month basis, renewing automatically each billing period until cancelled.

• You may cancel by giving us written notice (email is sufficient) before your next renewal date.
• Cancellation normally takes effect at the end of the current paid billing period; we stop billing you for future periods once cancellation is effective.
• This does not limit any right you may have under the Australian Consumer Law.

7. Free trials

Acoma may offer a seven-day trial where this is expressly stated in a written proposal or service agreement. It is not an unconditional offer available to every website visitor, and no trial applies unless your proposal says so. Where a trial is offered, the proposal will explain what is included, the trial start and end dates, whether any advertising spend is required, and each party's responsibilities.

Unless you separately agree otherwise in writing, a trial does not automatically convert into a paid service, and your payment details will not be used to begin recurring billing without clear prior disclosure and your agreement. Continuing after the trial requires your separate written agreement, and any price that applies after the trial will be disclosed to you before you agree to continue. Meta advertising spend remains your responsibility, separate from Acoma's management fee, unless otherwise agreed in writing. Cancellation instructions will be provided with any trial offer.

8. Client responsibilities and approvals

To help us deliver our services effectively, you agree to:

• Provide accurate information;
• Have the legal authority to give us access to your ad accounts, pages and business materials;
• Be able to substantiate any claims about prices, qualifications, results, licences or services that you ask us to advertise;
• Review and approve ad creative before it launches, unless your written agreement sets out a different, clearly defined approval process;
• Comply with laws that apply to your industry and advertising;
• Obtain any consent required for us to contact or follow up with your leads on your behalf;
• Respond to leads and maintain the capacity to deliver what is advertised; and
• Tell us promptly when an offer, price or legal condition affecting your advertising changes.

Your review or approval of an advertisement does not remove Acoma's own responsibility for our conduct in preparing or running that advertisement.

9. Advertising results

Advertising performance is affected by factors outside Acoma's control, including market conditions, competition, budget, your offer, creative, platform systems and your own sales process. Acoma does not guarantee a particular number of leads, bookings, sales, customers, revenue, profit, cost per lead or return on advertising spend.

Any forecast, projection or target we discuss with you is an estimate only, based on reasonable information available at the time, and is not a guarantee of future performance. While we do not guarantee results, Acoma remains responsible for performing its own services with due care and skill.

10. Third-party platforms

Meta and other advertising platforms control their own platforms, billing systems and policies, which are outside our control. We are not responsible for outages, account restrictions or policy changes made by a third-party platform that are not caused by our own conduct. This does not exclude our responsibility where we breached a platform's policy, acted negligently, exceeded our authority, caused an avoidable account restriction, or otherwise breached this agreement or the law.

11. Regulated industries

Some industries require additional approvals or legal review before advertising, including health, therapeutic goods, cosmetic treatments, financial services and credit, legal services, alcohol, gambling, real estate, employment, education, and weight-loss products or services. Acoma may refuse or pause advertising that appears unlawful, misleading, or contrary to platform rules, and may ask you to obtain compliance advice before we proceed with a campaign in a regulated industry.

12. Personal information and leads

Where we handle personal information as part of your engagement:

• You are responsible for giving us lawful instructions about how your customers' and leads' information should be collected, used and contacted, and for providing your own customers with appropriate privacy notices and any required direct-marketing consents.
• We will use lead information only as instructed for your engagement, and not for any unrelated purpose or sale to a third party.
• We restrict access to lead data to what is reasonably needed to deliver your services, and only use service providers reasonably required for that purpose.
• We will tell you if we become aware of a security incident affecting your data that we hold.
• On request after your engagement ends, we will return, delete or de-identify lead data we hold for you, where reasonably practicable and subject to our own legal retention obligations.
• Acoma remains responsible for the security and lawful handling of its own website and internal systems.

13. Intellectual property

The following distinctions apply to intellectual property connected with your engagement:

• Acoma retains ownership of its pre-existing templates, systems, methods and know-how used to deliver services generally.
• Logos, photos, video, testimonials and brand materials you supply remain your property, provided to us under licence for use in your campaigns.
• Custom campaign material created specifically for your business (for example, ad copy or creative we produce for you) is licensed or assigned to you, as agreed in your proposal, once fees for that work are paid in full.
• Third-party stock assets, fonts, music, templates or software used in your campaigns remain subject to their own licence terms.
• Editable or source files are provided only where your proposal says so.
• Meta accounts, pixels, audiences and campaign data connected to your business remain yours; where Acoma sets these up on your behalf, we do so as your agent.

We will not use your name, logo, campaign screenshots, results, testimonials, or other identifiable case-study material in our own marketing without your written permission. Where we do have your permission, we will only use it within the scope you approved.

14. Confidentiality

Each party agrees to keep the other's non-public business information confidential, including pricing, account access, campaign data, customer and lead information, strategies and credentials, and to use it only to provide or receive services under this agreement. This does not apply to information that is or becomes public other than through a breach of this clause, information a party already independently held, disclosures to a party's own professional advisers on a confidential basis, or disclosures required by law.

15. Suspension and termination

We may pause services, with reasonable notice where practicable, if: an invoice is unpaid past its due date, we are not given account access we reasonably need, we are given an unlawful instruction, continuing would create a material platform-policy risk, or there is a genuine security concern. On termination, we will work with you on a reasonable handover covering account access, active campaigns, your assets, any outstanding invoices, and the handling of lead data as described in Section 12.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded or restricted, including rights that may arise under the Australian Consumer Law.

17. Liability

Nothing in these Terms excludes, restricts or modifies any right, remedy, consumer guarantee or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the agreement was made. This does not exclude responsibility for direct loss caused by a party's breach of contract, negligence, fraud, wilful misconduct, breach of confidentiality, infringement of intellectual property rights, or unauthorised advertising spend.

Where the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee to be limited, and it is fair and reasonable to do so, Acoma's liability may be limited to supplying the services again or paying the reasonable cost of having the services supplied again.

Each party must take reasonable steps to minimise any loss arising from a breach. Nothing in this clause excludes responsibility for fraud, deliberate misconduct, negligence where liability cannot legally be excluded, confidentiality breaches, unauthorised advertising spend, or spend exceeding an agreed written spending limit.

18. Disputes

If a dispute arises under this agreement, the parties agree to: (1) give written notice describing the dispute; (2) attempt to resolve it through good-faith negotiation; (3) if unresolved, attempt mediation in Western Australia; and (4) if still unresolved, either party may commence court proceedings. Either party may seek urgent injunctive relief from a court at any time where necessary to protect their rights.

19. Changes to these terms

We may update the general website-use terms from time to time; changes apply prospectively from the date they are posted. An existing paid engagement remains governed by the version of these terms you accepted, unless both parties agree to a change, or the agreement lawfully provides otherwise. Where we propose a change that would materially disadvantage a client, we will give reasonable notice and the option to cancel before the change takes effect.

20. Governing law

These Terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them, subject to any right you may have by law to bring a claim in another jurisdiction.

21. Refunds

Refunds and cancellations of paid services are handled in accordance with our Cancellation and Refund Policy.

22. Contact us

Questions about these Terms can be sent to contact@acomaagency.com or 0483 299 678.