TGS Media Contract

Please fill out the following contract.

This TGS Media Contract ("Agreement") is entered into as of the date of acceptance ("Effective Date") by and between TGS Media Ltd, a company incorporated under the laws of New Zealand with its principal place of business at 53 Rawhiti Street, Dunedin ("Agency"), and the individual or entity accepting this Agreement ("Client"). By agreeing to this Agreement through the website’s electronic system, the Client acknowledges that they have read, understood, and agreed to the terms contained herein.

IMPORTANT NOTICE: Please read this Agreement carefully. By ticking the checkbox and clicking the "Accept" button at the bottom of this page, you confirm that you have read, understood, and agree to be legally bound by this Agreement. This action constitutes your electronic signature under New Zealand law and indicates your acceptance of the terms and conditions of this Agreement. If you do not agree, do not proceed further.

1. Term and Effective Date

1.1 This Agreement becomes effective as of the date the Client accepts it electronically on the Agency’s website.

1.2 The Agreement remains in effect for an initial period of thirty (30) days ("Initial Term"). Upon expiration of the Initial Term, this Agreement will automatically renew on a month-to-month basis unless terminated in accordance with the provisions below.

2. Scope of Services

2.1 The Agency agrees to provide the services outlined in Schedule A ("Services"). These services include but are not limited to:

• Creation, management, and optimization of Facebook and Instagram advertising campaigns,

• Implementation of lead generation strategies using Facebook Lead Forms with conditional logic,

• Direct and automated vetting of leads through phone calls and multi-channel communications,

• Full integration and customization of the GoHighLevel CRM system for lead management, appointment booking, and automation.

2.2 The Agency shall use its best efforts to perform the Services in accordance with the standards and performance indicators outlined in Schedule B.

3. Fees and Payment Terms

3.1 The Client agrees to pay the Agency a fee based on the currency of the Client's location:

• For clients residing in New Zealand, the fee is NZD $500 per month.

• For clients residing in Australia, the fee is AUD $500 per month.

3.2 Payment must be made in advance for a minimum of five (5) bookings. Additional bookings can be purchased at any time during the contract period. The minimum five bookings purchased will cover appointments generated within the next 30 days.

3.3 Payment is due within seven (7) days from the invoice date. However, no work will commence until the invoice has been paid in full. If the Client wishes to expedite services and begin work earlier than the 7-day payment period, the invoice must be paid prior to the commencement of any services.

3.5 Late payments will incur a penalty of 1.5% of the overdue amount per month until full payment is received.

3.6 The Agency (TGS Media Ltd) will cover all other expenses related to the provision of services. The Client is only responsible for the booking fees specified above.

4. Termination

4.1 Termination for Cause: Either Party may terminate this Agreement with immediate effect if the other Party commits a material breach and fails to remedy it within thirty (30) days of receiving written notice.

4.2 Termination for Convenience: Either Party may terminate this Agreement without cause by providing at least thirty (30) days’ written notice. The Client agrees to pay for all Services rendered up to the termination date.

4.3 Force Majeure: If performance is prevented due to events beyond a Party’s reasonable control, such as natural disasters, government actions, or other acts of God, either Party may terminate this Agreement upon providing written notice. Neither Party shall be liable for any damages resulting from such termination.

5. Data Privacy and Confidentiality

5.1 The Agency shall maintain the confidentiality of any information it receives from the Client and shall not disclose such information to third parties without the Client’s written consent, except as required by law.

5.2 The Agency will comply with the Privacy Act 2020 and other applicable laws concerning the protection of personal data. The Agency will implement reasonable technical and organizational measures to protect the Client's data against unauthorized access, loss, or disclosure.

5.3 Upon termination or expiration of this Agreement, the Agency shall return or securely destroy all Client data and confidential information. The Agency will confirm in writing the completion of this action.

6. Compliance with Laws

6.1 The Agency shall comply with all applicable laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, ensuring that the Services provided comply with New Zealand consumer protection laws.

6.2 The Agency shall secure all necessary licenses and permits required for lawful performance of the Services.

7. Dispute Resolution

7.1 Mediation: In the event of a dispute, the Parties agree to attempt to resolve it through mediation. If the dispute is not resolved within fourteen (14) days, it shall proceed to arbitration.

7.2 Arbitration: Any unresolved dispute will be referred to arbitration under the Arbitration Act 1996. The arbitration will be conducted in Dunedin, New Zealand, and the decision will be binding.

8. Governing Law and Jurisdiction

8.1 This Agreement is governed by the laws of New Zealand.

8.2 Any dispute that cannot be resolved through mediation or arbitration will be subject to the exclusive jurisdiction of the courts of New Zealand.

9. Miscellaneous Provisions

9.1 Entire Agreement: This Agreement constitutes the entire understanding between the Parties regarding the Services and supersedes all prior agreements.

9.2 Amendments: Any amendments must be in writing and signed by both Parties.

9.3 Severability: If any part of this Agreement is deemed unenforceable, the remaining provisions will remain in effect.

9.4 Assignment: Neither Party may assign this Agreement without the other’s written consent.

9.5 Notices: Notices must be sent in writing via email or delivered personally to the addresses provided.

Schedule A: Detailed Scope of Services

1. Facebook and Instagram Advertising:

   • The Agency will create and manage engaging Facebook and Instagram ads tailored to generate leads for the Client. These ads will be optimized for performance, ensuring high engagement and conversion rates.

2. Lead Generation Using Facebook Lead Forms:

   • The Agency will utilize Facebook Lead Forms with conditional logic to pre-qualify leads. The forms will filter leads based on criteria agreed upon by the Client (e.g., minimum loan amount for mortgage brokers) and disqualify leads that do not meet these criteria.

3. Lead Vetting and Booking Process:

   • Within 10 minutes of a lead submission, the Agency’s team will call the lead to further vet and qualify it using a set of questions agreed upon with the Client.

   • Qualified leads will then be booked for appointments via phone call, Zoom, or in-person meetings as per the Client’s preference. Automated confirmations, reminders, and follow-ups (via email and SMS) will be sent to ensure lead attendance.

4. GoHighLevel CRM Customization and Management:

   • The Agency will fully integrate and customize the GoHighLevel CRM system for the Client. This includes integrating the Client’s calendar (Google Calendar or Outlook), email, SMS, and scheduling functionalities.

   • The CRM will manage all aspects of lead qualification, appointment booking, and automation workflows.

5. No-Show Automation and Follow-Up:

   • The Agency will implement workflows for handling no-shows, including automated follow-ups through SMS, email, and phone calls to rebook the leads.

Schedule B: Performance Standards

1. Google Sheet Updates:

   • The Agency will maintain a live Google Sheet with up-to-date performance metrics and statistics, accessible to the Client at any time. The Google Sheet will be updated every Monday morning.

2. Weekly Review Meetings:

   • Weekly review meetings will be held every Monday to discuss the current performance and strategies, as well as any necessary adjustments.

Schedule C: Fees and Payment Terms

1. Service Fees:

   • For clients in New Zealand, the fee is NZD $300 per booked and qualified appointment.

   • For clients in Australia, the fee is AUD $300 per booked and qualified appointment.

   • The Agency reserves the right to offer discounts, promotional rates, or adjust the pricing on a case-by-case basis. The final price for each client will be agreed upon and reflected in the invoice provided to the Client.

   • A minimum of five (5) bookings must be purchased in advance, covering a 30-day period. Additional bookings can be purchased at any time.

2. Payment Terms:

   • Invoices will be issued, with payment due within fourteen (14) days from the invoice date. However, no work will commence until the invoice has been paid in full. If the Client wishes to expedite services and begin work earlier than the 14-day payment period, the invoice must be paid prior to the commencement of any services.

3. Expenses:

   • The Agency will cover all advertising and other operational expenses related to the services provided. The Client is only responsible for the booking fees as specified above.

10. Agreement Confirmation

By clicking the "Accept" button below:

• The Client confirms that they have read and understood all the terms and conditions of this Agreement.

• The Client agrees to be legally bound by this Agreement and acknowledges that this electronic acceptance serves as their legally binding signature, in accordance with the Contract and Commercial Law Act 2017.

• The Client agrees that this Agreement constitutes a binding contract between the Parties as of the date of acceptance.