Membership terms

01What AgencyGuard is

AgencyGuard provides independent review and reporting on marketing activity carried out by third parties on your behalf. We review information you supply to us, or that we obtain through read-only access you have granted.

We are an oversight and advisory service. We do not manage advertising accounts, build websites, or provide SEO or media-buying services.

02What AgencyGuard is not

• Our reports are professional opinions based on the information available to us. They are not audits in the accounting sense, and they are not findings of misconduct against any marketing provider.
• We do not provide legal, financial, taxation or investment advice.
• We do not guarantee any marketing outcome, improvement in results, or reduction in costs.
• We are not a party to the contract between you and your marketing provider, and we do not act as your agent in dealings with them.

03Membership plans and entitlements

Membership is provided at the plan level you select. Current plans are Monitor, Protect and Partner, and the entitlements for each are set out on the memberships page, which forms part of these terms.

• Channel coverage — Monitor covers up to two marketing channels, Protect up to four and Partner up to eight. A channel means one advertising platform or discipline.
• Priority Question Line — Monitor includes two submissions per billing period, Protect five, and Partner operates on a fair-use basis. Unused submissions do not carry over.
• Response targets — two business days (Monitor), one business day (Protect) and same business day for urgent submissions (Partner). Targets are measured in Australian Eastern time on business days.
• Annual SEO Health Check — available to annual members immediately, and to monthly members after 90 continuous days of paid membership. A lapse in membership resets that period.
• Fair use — Partner questions are unmetered but must relate to your own business and be of a scope a reasonable person would consider a question rather than a project. We will tell you in advance if a submission falls outside that.
• Agency meeting attendance is not included in any plan and is available as a separately quoted paid add-on.

04Your obligations

• You must have the authority to share the reports, contracts and account data you provide to us.
• You must not provide us with passwords or shared login credentials for any platform. We will not accept them.
• Information you supply must be accurate and complete to the best of your knowledge. Our conclusions can only be as good as what we are given.
• Reports we produce are for your internal business use. You may share them with your marketing provider, your accountant or your advisers. You may not publish them, sell them, or use them in advertising without our written permission.

05Billing

• Fees are charged in advance, monthly or annually, in Australian dollars and include GST.
• Payment is processed by Stripe. By subscribing you authorise recurring charges to your nominated payment method until you cancel.
• Prices may change on 30 days’ written notice. Any change takes effect from your next renewal, never mid-period.
• If a payment fails, we will retry it and notify you. Access may be suspended if a payment remains unresolved after 14 days.

06Cancellation and refunds

• You can cancel at any time from the billing section of your member portal. No email, phone call or notice period is required.
• Cancellation stops the next renewal. Your membership continues to the end of the period you have already paid for.
• We do not provide pro-rata refunds for partial periods, except where required by the Australian Consumer Law.
• Annual memberships run to the end of the paid year unless we agree otherwise in writing.
• Your reports remain downloadable for 30 days after your membership ends.

07Independence

We do not accept commissions, referral fees or any other payment from marketing agencies, platforms or software vendors. Our only revenue from your account is your membership fee.

If we have a prior relationship with a provider, platform or individual involved in a review, we will disclose it before the review begins and you may decline the review at no cost.

08Confidentiality

We treat the documents and account data you provide as confidential. We do not disclose them to your marketing provider or any third party except as described in our privacy policy, or where required by law.

We will not use your confidential material as a case study or example without your written permission, and any such use will be anonymised unless you agree otherwise.

09Limitation of liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

Subject to that, our total liability arising out of or in connection with your membership is limited, at our option, to resupplying the services or refunding the fees you paid in the 12 months before the claim arose.

We are not liable for indirect or consequential loss, including loss of profits, revenue or business opportunity, arising from decisions you make in reliance on our reports. Decisions about your marketing, your budget and your commercial relationships remain yours.

10Suspension and termination by us

We may suspend or terminate a membership where fees remain unpaid, where the service is being used to obtain information about a business the member has no authority over, or where a member is abusive to our staff.

Where we terminate for a reason other than a breach by you, we will refund the unused portion of any prepaid period.

11Changes to these terms

We may update these terms. Material changes will be notified by email at least 30 days before they take effect, and continuing your membership after that date constitutes acceptance.

12Governing law

These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State.