Legal

Terms of Service

The terms and conditions governing the use of Gigabound's B2B lead generation services.

Effective date: 20 May 2026

These Terms of Service ("Terms") govern the provision of services by Gigabound (ABN 95 244 132 351) ("we", "us", "our", "Gigabound") to you, the client ("you", "your", "Client"). By engaging our services, you agree to be bound by these Terms.

1. Service Description

Gigabound provides B2B lead generation services, including but not limited to:

  • -B2B Telemarketing: Strategic B2B cold calling targeting Australian business prospects, conducted in accordance with the Spam Act 2003 (phone exemption) and DNCR (B2B exemption)
  • -Social Media & Content: Targeted paid ad campaigns, professional content creation, and social media strategy across Facebook, Instagram, and LinkedIn
  • -Meeting Attendance: Trained sales professionals attend meetings on your behalf, both virtually (Zoom, Teams, Google Meet) and in person in the Melbourne area
  • -Sales Training & Playbooks: Custom sales playbooks, call scripts, objection handling guides, and hands-on coaching for your sales team
  • -Gigasite (Website Building): Custom website design, development, and deployment on Cloudflare Pages, including mobile-first responsive design, SEO setup, and optional ongoing maintenance
  • -Gigabuild (App Builder): AI-powered no-code application development via a guided 6-step wizard, including deployment, monthly support, and updates

The specific scope of services will be outlined in a separate service agreement or proposal accepted by both parties.

2. Client Obligations

As a Client, you agree to:

  • -Provide accurate and complete information about your ideal customer profile (ICP), value propositions, target markets, and business offerings
  • -Respond promptly to booked meetings and make reasonable efforts to attend all scheduled appointments
  • -Provide timely feedback on lead quality, meeting outcomes, and campaign performance
  • -Ensure that your products, services, and business practices comply with all applicable laws
  • -Not use our services to promote illegal, fraudulent, or deceptive products or services
  • -Grant Gigabound the necessary access to CRM systems, calendars, and other tools required to deliver the services

3. Payment Terms

All fees are in Australian Dollars (AUD) and exclusive of GST. GST will be added where applicable under the A New Tax System (Goods and Services Tax) Act 1999.

Monthly Services (Ongoing Lead Generation, Gigabuild)

  • -Invoiced on the 1st of each month, payment due within 14 days
  • -Gigabuild annual billing is available at a 20% discount, paid upfront for the full year
  • -Fees are non-refundable for services already rendered during a billing period

One-Time Services (Telemarketing Sprint, Social Media Boost, Meeting Attendance)

  • -Payment in full before work commences

Gigasite (Website Building) & Sales Training

  • -50% deposit before work commences, 50% on completion
  • -Gigasite builds include 3 revision rounds; additional revisions are charged at $150/hr
  • -Optional monthly maintenance plans are billed separately

Free Trial

  • -The free trial includes up to 25 prospects researched, 10 cold calls, and 3 social media posts over 5 business days at no cost
  • -No credit card or payment information is required to start a free trial
  • -At the end of the trial period, you will receive a performance report. There is no obligation to continue
  • -If you do not proceed to a paid engagement, all prospect data and campaign materials generated during the trial will be deleted within 30 days
  • -Free trials are limited to one per business and are offered at Gigabound's discretion

General

  • -Late payments may incur interest at a rate of 1.5% per month on the outstanding balance
  • -We reserve the right to suspend services if payment is overdue by more than 14 days

4. No Guarantee of Results

Gigabound operates on a reasonable efforts basis. While we are committed to providing high-quality lead generation services and optimising campaign performance, we do not guarantee:

  • -A specific number of meetings booked
  • -Specific email open rates, reply rates, or conversion rates
  • -That prospects will attend booked meetings or proceed to close deals
  • -Any particular revenue outcome or return on investment

Results depend on multiple factors including your industry, offer, market conditions, and prospect responsiveness. We provide full transparency into campaign performance and continuously optimise to improve outcomes. Any case studies, example scenarios, or illustrative metrics published on our website are hypothetical or relate to specific past engagements and do not constitute a guarantee or representation that similar results will be achieved.

5. Intellectual Property

  • -Gigabound's IP: All proprietary processes, methodologies, AI tools, software, templates, scripts, and workflows developed by Gigabound remain the exclusive property of Gigabound. This includes our AI personalisation engine, campaign frameworks, and internal tools
  • -Client's Data: All data provided by the Client, including ICP information, brand materials, and any data generated specifically for the Client (e.g., prospect lists, meeting records, campaign data), remains the property of the Client
  • -Aggregate Data: Gigabound may use anonymised, aggregated data derived from campaigns for the purpose of improving its services, benchmarking, and internal analytics
  • -Gigasite Deliverables: Upon full payment, the Client owns all website content, design, and code delivered as part of a Gigasite engagement. Gigabound retains the right to display the completed website in its portfolio unless the Client requests otherwise in writing
  • -Gigabuild Applications: The Gigabuild platform, underlying codebase, AI generation tools, and infrastructure remain the exclusive property of Gigabound. The Client owns all content, data, and business logic created within their application. If the Client cancels their Gigabuild subscription, they may request an export of their data within 30 days of cancellation

6. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party during the course of the engagement. Confidential information includes but is not limited to:

  • -Business strategies, pricing, financial information, and trade secrets
  • -Prospect lists, customer data, and campaign performance data
  • -Proprietary tools, processes, and methodologies
  • -Any information marked or reasonably understood to be confidential

Confidentiality obligations survive the termination of the engagement for a period of two (2) years, unless the information becomes publicly available through no fault of the receiving party.

6A. Data Breach Notification

In the event of a data breach involving Client Data, Gigabound will notify the Client within 72 hours of becoming aware of the breach. Both parties will cooperate to meet their respective obligations under the Notifiable Data Breaches scheme (Part IIIC, Privacy Act 1988).

7. Limitation of Liability

To the maximum extent permitted by law:

  • -Gigabound's total aggregate liability arising out of or in connection with these Terms or the services provided shall not exceed the total fees paid by the Client to Gigabound in the three (3) months immediately preceding the event giving rise to the claim
  • -Gigabound shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill
  • -Gigabound shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control (force majeure)

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law. Where our services are acquired for business purposes, our liability for breach of any non-excludable consumer guarantee is limited, at our option, to the re-supply of the services or payment of the cost of having the services re-supplied, as permitted under section 64A of the Australian Consumer Law.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless Gigabound and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Client's breach of these Terms; (b) the Client's products, services, or business practices; (c) inaccurate or misleading information provided by the Client; or (d) any third-party claims resulting from the Client's use of leads or meetings generated by Gigabound. This indemnification does not apply to claims arising from Gigabound's negligence, wilful misconduct, or breach of these Terms.

9. Termination

  • -Services are provided on a month-to-month basis unless otherwise agreed in writing
  • -Either party may terminate the engagement by providing 30 days written notice to the other party
  • -Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of receiving written notice
  • -Upon termination, the Client remains liable for all fees owed for services rendered up to the effective date of termination
  • -Upon termination, Gigabound will provide the Client with all Client Data within 30 days, after which Gigabound may delete such data
  • -Any meetings booked but not yet attended as of the termination date will be handed over to the Client. Gigabound will provide a full handover of all active prospects, pipeline data, and pending activities within 14 days of termination
  • -Gigabuild Cancellation: Gigabuild subscriptions require a minimum commitment of one (1) month. After the first month, the Client may cancel at any time with 30 days written notice. Annual billing plans are non-refundable for the remaining months of the term but the Client retains access until the end of the paid period. Upon cancellation, the Client may request a data export within 30 days
  • -Gigasite Cancellation: Gigasite one-time builds are non-cancellable once the 50% deposit has been paid and design work has commenced. Monthly maintenance plans may be cancelled with 30 days written notice

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

11. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms:

  • -Step 1 — Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation within 14 days of the dispute being raised
  • -Step 2 — Mediation: If the dispute is not resolved through negotiation, the parties agree to submit to mediation administered by the Resolution Institute (or equivalent body) before commencing any court proceedings
  • -Step 3 — Litigation: If mediation fails to resolve the dispute, either party may commence proceedings in the courts of Victoria, Australia

The costs of mediation shall be shared equally between the parties. Each party shall bear its own legal costs unless otherwise ordered by a court.

12. Australian Compliance

Gigabound is designed to comply with applicable Australian laws governing our services, including:

  • -Spam Act 2003: B2B telephone calls are exempt from the Spam Act, which applies only to electronic messages (email, SMS, MMS)
  • -Do Not Call Register (DNCR): B2B calls to business numbers are exempt from the DNCR under the Do Not Call Register Act 2006
  • -Australian Consumer Law: All marketing and advertising practices comply with the Competition and Consumer Act 2010
  • -Privacy Act 1988: All personal information is handled in accordance with the Australian Privacy Principles

The Client acknowledges that Gigabound manages compliance on their behalf but the Client remains ultimately responsible for ensuring that the products, services, and offers promoted through our campaigns are lawful and accurate.

13. General Provisions

  • -Entire Agreement: These Terms, together with any service agreement or proposal, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings
  • -Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
  • -Waiver: A failure by either party to enforce any right under these Terms shall not constitute a waiver of that right
  • -Assignment: Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

Gigabound
ABN 95 244 132 351
Melbourne, Australia
Email: info@gigabound.com.au