Terms and Conditions

1. Advertising Terms & Conditions

These terms and conditions apply to all letterbox distribution and advertising material services provided by Gibson Promotions PTY LTD (ABN 28 105 778 676).

Payment

All invoices include GST and must be paid in full by cheque, cash, or direct deposit into a pre-disclosed account, prior to the commencement of work.

Distribution of material

Materials must arrive at our warehouse by Monday prior to the distribution week. All advertising material requires bundling in 250, 500, or 1,000 packs with clearly displayed quantities and business details including contact name, landline/mobile, and business address.

We do not guarantee that we will distribute your advertisement material to every letterbox in the area designated. Disputes must be reported within 3 days of completion with street numbers, names, and suburbs listed.

Force majeure

We will not be liable for any failure to perform or delay in performance of any services where such failure or delay is due to anything beyond our reasonable control (including severe weather, industrial action, accidents, illness, or infrastructure failure).

Leftovers and storage

Excess materials are stored free of charge for 3 months. Beyond this period, storage is charged at $25 per day for a maximum of 21 days, payable in advance. Materials remaining after 21 days will be destroyed.

Warranties

The Customer warrants that materials will not contain illegal, obscene, defamatory, or offensive content; will not infringe copyright; and that distribution will not create liability.

Indemnity

The Customer indemnifies Gibson Promotions against expenses, losses, damages and costs arising from any warranty breach.

Termination

We may at any time terminate or suspend any contract with immediate effect and charge you for work completed. Termination notices apply in situations where the customer cannot pay debts, enters insolvency, or a mortgagee takes possession action.

Cancellation

Orders cancelled before distribution commencement may incur a 10% cancellation fee.

2. General Terms & Conditions

These General Terms and Conditions apply to all services provided by Gibson Promotions PTY LTD. By using our services you agree to be bound by these terms. If you do not accept these terms, you should not use the service.

Definitions

• Call Charges: Usage fees based on per-call or per-minute rates, calculated in 60-second units and rounded to the nearest whole cent.
• Carrier: Licensed telecommunications carrier under the Telecommunications Act 1997 (Cth).
• Consequential Loss: Includes lost revenue, profits, anticipated savings, pure economic loss, data loss, equipment value loss, and regulatory penalties.
• Due Payment Date: The date when service is provided to the customer.
• Force Majeure: Internet failure, government action, industrial action, service interruption, acts of God, and third-party actions affecting service provision.
• Intellectual Property: Includes copyrights, designs, patents, trademarks, logos, domain names, knowhow, and techniques owned or used by Gibson Promotions.
• Monthly Recurring Fee: The monthly administration fee for services.
• Privacy Law: Varies by jurisdiction. USA: Delaware Online Privacy Protection Act; UK: Data Protection Act 2018; EU: General Data Protection Regulation; New Zealand: Privacy Act 2020; Australia/Other: Privacy Act 1988 (Cth).

Credit check

Prior to connection, Gibson Promotions may conduct a credit assessment. The Customer must provide necessary information and authorise Gibson Promotions to: obtain credit reports from credit-reporting agencies; seek information regarding creditworthiness; make independent financial inquiries; and provide customer information to Carriers or related corporations.

Customer acknowledgments

The Customer acknowledges relying on their own judgment in evaluating service suitability. The services are not designed, intended, authorised or warranted to be suitable for making calls to emergency services, and the Customer understands the services cannot and should not be used for emergency calls.

Intellectual property and copyright

Gibson Promotions owns all intellectual property rights in the software. Nothing in the Customer's contract shall be construed as transferring any Intellectual Property rights. No part of the service may be copied, downloaded, recorded, stored, or redistributed without express written permission. Gibson Promotions may grant a non-exclusive, non-transferable licence at its sole discretion. Upon termination, the Customer must cease using and return any remaining copies of Marketing Materials.

Warranties

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating to the service are excluded. Content is provided "as is" and "as available" without warranty. Gibson Promotions makes no representations that use of the service will be continuous, uninterrupted or error-free.

Limitation of liability

Gibson Promotions' liability for breach of any implied conditions or warranties is limited to resupply of the service. To the extent permitted by law, Gibson Promotions is not liable in any manner for any consequential loss, indirect loss, loss of profits, loss or corruption of data, interruption to business, loss of revenue or economic loss of any kind arising directly or indirectly in connection with access to or use of the service.

Payment of fees

Monthly Recurring Fees are payable monthly in advance. Call Charges are payable monthly in arrears. Payment may be made via Customer Credit Account or direct debit from credit card or bank account.

Gibson Promotions may suspend or disconnect services immediately if the Credit Account has a zero or negative balance, or if the Customer fails to pay by the due date. Late payment penalties include a $25 late fee or 3% monthly interest (whichever is greater), calculated from the due date to the payment date.

Payment processing fees

• Direct credit (EFT) or approved credit card direct debit: no fee.
• PayPal: 3% surcharge.
• Bank direct debit: 77¢ per transaction.
• Payment technology gateway: 3%.
• Overseas bank or card fees are passed to the Customer.

Customer service use

The Customer will not use the service for defamatory, offensive, abusive, obscene, menacing, threatening, harassing, or illegal purposes. The Customer must comply with all applicable legislation, privacy laws, regulatory directions, and industry body codes/guidelines (including those applying to call recording).

Customer indemnities

The Customer must fully indemnify Gibson Promotions PTY LTD, any Carrier involved in the supply of the services, and each of their respective related corporations against any and all Loss incurred as a result of or in connection with: any Agreement breach, fraud, third-party claims, privacy infringement or non-compliance, property damage from negligent customer acts, or third-party claims relating to customer negligence. Indemnities are continuing, separate, independent, absolute and unconditional obligations.

Termination

Either party may terminate the Agreement or any Service by giving 30 days' written notice via email or fax. Customers must use Gibson Promotions' standard cancellation form. If the Customer terminates, all outstanding amounts are payable within 14 days of the termination notice date.

Confidentiality

The Customer must keep confidential: the details of service functionality; pricing; all Gibson Promotions confidential business information; and all notes, reports or copies of that information. The Customer must immediately return or destroy Confidential Information upon service termination or upon Gibson Promotions' request, and must immediately notify Gibson Promotions of any confidentiality breach.

Confidentiality obligations do not extend to information disclosed with Gibson Promotions' prior written consent; disclosed to legal or financial advisers under a confidentiality obligation; rightfully known to the Customer without restriction; in the public domain through no breach of this clause; or required to be disclosed by law or court order.

Non-compete

Gibson Promotions is the exclusive service supplier to the Customer. During the Agreement term and for twelve (12) months following Agreement expiration or termination (the "Relevant Period"), the Customer will not:

• market, sell, or resell any service or product substantially similar to the Service by any person or entity other than Gibson Promotions;
• employ or retain any Gibson Promotions employee or contractor without prior written consent; or
• entice away any Gibson Promotions customer.

This clause survives termination or expiry of the Agreement.

Governing law

• Australian/other customers: New South Wales laws; New South Wales courts.
• USA customers: Delaware laws; Delaware courts.
• UK/EU customers: England and Wales laws; relevant courts.

3. Special Terms & Conditions

These Special Terms incorporate by reference in application forms executed by Gibson Promotions Pty Limited ABN 28 105 778 676. Capitalised terms not otherwise defined take their meanings from the application form.

Minimum Monthly Spend (MMS)

Where a Minimum Monthly Spend (MMS) is specified, the Customer agrees the services are subject to that MMS. If the total actual fees and charges in a billing month fall below the MMS amount, Gibson Promotions calculates the difference and applies it as an additional charge on the next invoice. The MMS continues to apply after the expiration of any Fixed Term.

If a Ramp-up Period is specified, the MMS does not apply until the first billing month after the Ramp-up Period ends; it then continues to apply.

Fixed term (with MMS)

If the Customer gives a termination notice or port-out request with an effective date before the Fixed Term end, the Customer is immediately liable for a General Cancellation Charge equal to the MMS amount multiplied by the number of months (including part months) between the effective termination date and the final day of the Fixed Term.

Fixed term (no MMS)

If the Customer terminates any service with an effective date before the Fixed Term end, the Customer is immediately liable for a General Cancellation Charge equal to the sum of the recurring monthly fees payable for the terminated services, multiplied by the number of months (including part months) remaining in the Fixed Term.

Automatic renewal

Where a Fixed Term and Renewal Period are specified, at the Fixed Term end services automatically renew for successive Renewal Period terms unless either party gives written Termination Notice at least 14 days before the Fixed Term end.

Billing and invoicing: pre-paid

As a pre-paid customer, Gibson Promotions sets up a PAYG account. When the account reaches a low balance, Gibson Promotions automatically tops it up with the Customer's preferred amount specified in the application form.

Billing and invoicing: post-paid

Gibson Promotions issues a Monthly Invoice for the preceding month's fees at month end; the Customer pays within 7 days of receipt. With an approved credit application, Gibson Promotions allows the Customer to accrue monthly fees up to the Spend Limit specified in the application form.

If monthly fees and charges reach 80% of the Spend Limit, Gibson Promotions issues an Interim Invoice; if unpaid within 2 business days, Gibson Promotions may suspend services after 24 hours' notice. The Customer is still liable for the Monthly Invoice.

Upon payment default, the Customer pays Gibson Promotions' recovery costs including mercantile and legal fees on a solicitor/own client basis, and any filing fees, stamp duty or taxes related to recovery.

Special terms for six-digit 13 numbers

If the Customer terminates any 13 number before the Fixed Term end, the Customer is immediately liable for:

• A "13 Cancellation Charge" equal to the sum of all recurring monthly fees that would have been chargeable for the 13 number from the termination date to the Fixed Term end; plus
• A "Fixed Cancellation Charge" of $3,500 for each terminated 13 number.

These charges apply in addition to any applicable General Cancellation Charge and apply per each terminated 13 number. The Fixed Cancellation Charge applies regardless of whether a General or 13 Cancellation Charge also applies.

Data security information charges

On request, Gibson Promotions provides a standard information security report free of charge (once per 12 months). Additional security questionnaires, self-assessments, bespoke reports, audits, or attestations may be commissioned upon payment of a Report Fee of $6,000. If Gibson Promotions accepts the Customer's application and commences services following the first paid Report, the Customer receives a $3,000 credit (half the Report Fee) applied to their account.

Data Studio reporting charges

If the preceding billing month shows the Customer paid $1,000 or more (excl. GST) for services, Data Studio Reporting is provided free of charge, commencing within 30 days. If the Customer paid less than $1,000 (excl. GST), a one-time $1,000 data reporting set-up fee applies. Fees under this paragraph are non-refundable.

International rates

For calls terminating in a different country to their origin, the per-minute usage fee equals the destination country's per-minute fee (excl. GST) plus an additional $2.00 per minute fee (excl. GST).

4. Call Tracking (Phone Lead Alert) Terms & Conditions

These terms apply specifically to Gibson Promotions' call tracking and phone lead alert services, including services delivered through our call tracking and analytics infrastructure.

Emergency services

The call tracking services are not designed, intended, authorised or warranted to be suitable for making calls to emergency services. The Customer acknowledges that the services cannot and should not be used for emergency calls.

Service provision

Gibson Promotions may intercept communications or monitor usage for quality assurance and regulatory compliance purposes. Gibson Promotions and the Carrier may intercept communications and monitor usage as required by law.

Gibson Promotions has no control over the underlying Carrier or the manner of supply. Gibson Promotions does not guarantee call quality; tracked numbers may experience call delay, line noise, or similar issues. Gibson Promotions uses reasonable efforts to rectify call quality issues but makes no representation or warranty that issues will be rectified in a timely manner or at all.

International call tracking numbers

If the Customer orders international call tracking numbers, Gibson Promotions uses commercially reasonable efforts to obtain numbers and arrange carrier testing; the Customer agrees to an approximately 4-8 week lead time. International numbers are subject to Carrier availability and Gibson Promotions cannot guarantee their continued availability.

Salesforce integration

The Customer acknowledges they require a current, valid Salesforce Inc. licence to use the Salesforce Call Tracking Integration Application. Following the minimum term, the service automatically renews monthly unless terminated by 30 days' written notice. The Customer remains liable for all integration application service fees until termination, regardless of any suspension or termination of their Salesforce licence.

Telephone numbers

All telephone numbers used on the website and provided by Gibson Promotions in connection with the service are registered to Gibson Promotions PTY LTD and are provided for the Customer's use while they are a customer of the service. The Customer acknowledges no right, title or interest in allocated numbers. Gibson Promotions reserves the right to alter or replace numbers in accordance with legislation, and will notify the Customer of any changes.

Reseller obligations

If the Customer uses services on behalf of third parties (as a reseller or integrator), the Customer may request Gibson Promotions' JavaScript code for placement on third-party websites. The Customer acknowledges sole responsibility for removal of that JavaScript code from third-party websites. Gibson Promotions has no responsibility for code removal or deactivation, and the Customer indemnifies Gibson Promotions for any third-party or client claims arising from failure to remove the code.

5. General Terms for Provision of 1300/1800 Services

These terms apply to all 1300 and 1800 inbound telephone services and IVR services provided by Gibson Promotions PTY LTD.

Services

Gibson Promotions provides services and may vary network composition, characteristics, and Carrier selection. Gibson Promotions provides services to the extent supplied by the Carrier and does not warrant providing all services at all times or that it will not be liable for failures. The Customer must comply with applicable laws, regulations, by-laws, standards, industry codes, and licence conditions.

Transfer from current supplier

By signing an Agreement, the Customer irrevocably authorises Gibson Promotions to complete and sign transfer forms on the Customer's behalf in the Customer's name, in accordance with the Current Supplier's requirements.

Transfer to another supplier

Upon service termination, if the Customer requests transfer to another supplier, an administration fee of $40 plus GST per transferred number applies. The Customer must notify Gibson Promotions in writing upon the other supplier assuming full responsibility. The Customer remains liable for all charges until the earlier of Gibson Promotions receiving a cancellation or the other supplier assuming full billing responsibility.

Access

The Customer ensures that PABX and network equipment is programmed to Gibson Promotions' specification. The Customer must reasonably cooperate with Gibson Promotions and Carriers for safe and efficient service establishment and supply, and must follow reasonable requests to provide access to premises, equipment, data, information, and personnel.

Risk in equipment provided by Gibson Promotions or related corporations passes to the Customer upon delivery. Title in purchased equipment does not pass until all Agreement and equipment costs have been fully paid. Until title passes, the Customer holds the equipment as Gibson Promotions' bailee and the Customer irrevocably grants Gibson Promotions or its agents a licence to enter the Customer's premises to inspect, search, or take possession of equipment in the event of overdue payment.

Customer obligations

The Customer is charged in advance at Gibson Promotions' current prices. The Customer is responsible for all usage charges whether authorised or not, and must maintain access security and take all reasonable steps to prevent unauthorised use. The Customer is liable for all usage charges whether authorised or not, including where the Customer allows another person to use the service regardless of authorisation.

Gibson Promotions may vary Agreement terms and prices upon 30 days' written notice. If the Customer does not agree to the change, the Customer may terminate in writing before the Notice Period expires.

If the Customer's monthly account credit falls below $100, Gibson Promotions will automatically deduct from the nominated credit card or bank account an amount equal to the greatest preceding six-month monthly call charges.

Porting fee

Gibson Promotions charges $40 per successful or failed landline port-in. The Customer must ensure that complex services (line hunt, DSL, diversions, ISDN) are completely removed before porting; failure may result in rejection by the incumbent carrier.

Term and termination

The Agreement commences on Gibson Promotions' acceptance and continues until either party gives 30 days' written termination notice via email or fax. The Customer may only validly give notice via Gibson Promotions' standard signed cancellation form.

Gibson Promotions may terminate immediately without prejudice if the Customer: breaches Agreement terms; has a receiver appointed over property; enters liquidation; enters creditor arrangements; assigns or deals with rights; ceases business; dies or becomes bankrupt; or undergoes a material change of ownership or control without Gibson Promotions' consent.

Equipment return

Upon termination, the Customer must immediately return or surrender Gibson Promotions-owned equipment in the same condition as originally supplied (fair wear and tear excepted). Removal and repair costs are charged to the Customer's account.

Limitation of liability

To the maximum extent permitted by law, neither Gibson Promotions PTY LTD, nor any of its suppliers, licensors, contractors, employees or officers, will have any liability to the Customer or any third party for: conduct of the Customer or persons for whom the Customer is responsible; or for lost profits, business opportunities, data, business interruption, revenue loss, substitute goods or services procurement costs, or economic loss, indirect, special, incidental or consequential damages, however caused, under any liability theory, including negligence.

Furthermore, Gibson Promotions' liability under any liability theory for acts or omissions arising from or related to an Agreement shall not exceed the fees paid for the services giving rise to the liability during the immediately preceding one-year period.

Transfer of agreement

The Customer's Agreement rights are personal; the Customer cannot assign or attempt to assign rights or obligations. Gibson Promotions may assign or transfer rights and obligations to a third party or related company at any time by written notice.

6. Terms of Use

These Terms of Use govern your access to and use of the Gibson Promotions website (www.gibsonpromotions.com.au) and any other websites or applications operated by Gibson Promotions PTY LTD.

Acceptance

By accessing or using our website you agree to be bound by these Terms of Use. If you do not accept these terms you should not use our website.

Service availability

The website and services are provided on an "as is" and "as available" basis without warranties of any kind. Gibson Promotions PTY LTD makes no representations or warranties that use of the service will be continuous, uninterrupted or error-free. You are responsible for verifying information obtained through our services before relying on it.

Copyright and content

The website and its content, including text, graphics, logos, images, audio clips, and software, are the property of Gibson Promotions PTY LTD and are protected by Australian and international copyright laws. No part of the website may be reproduced, distributed, or transmitted in any form or by any means without the express written permission of Gibson Promotions PTY LTD.

User information accuracy

You agree to provide true, accurate, current and complete information (Registration Data) including email address, name, and billing information. You must maintain and update Registration Data. Providing untrue or inaccurate information allows Gibson Promotions to suspend or terminate your service.

Security

You are responsible for maintaining the confidentiality of your registration number and password and for all charges incurred, whether authorised or not. If you become aware of any unauthorised use of your account, you must notify Gibson Promotions immediately.

Links

Linked third-party sites are not controlled by Gibson Promotions. Gibson Promotions assumes no responsibility for linked content; links are provided as convenience only. Inclusion of a link does not imply endorsement of the linked site.

Modifications

Gibson Promotions reserves the right to modify these Terms of Use at any time. Modifications will be posted on the website and users are deemed to be apprised of and bound by any changes.

Limitation of liability

Gibson Promotions' maximum liability to any user for any claim arising from use of the website or services is limited to resupply of the service. Gibson Promotions is not liable for any costs or losses resulting from inaccuracies in website information.

Free AI tools

We offer free tools on this website (including the Call Performance Check, Website Answer Readiness Check, Grants Directory and Missed Call Calculator). Use of these tools is subject to the following additional conditions:

• Fair use. Each tool enforces rate limits per IP, per email, and in some cases per target URL to protect against abuse. We may extend or reduce these limits at any time.
• Bot verification. You may be required to pass a Cloudflare Turnstile bot-verification challenge before using the tools. This is a security measure; no personal data is used for this verification beyond basic browser signals.
• No warranty on AI output. Recommendations generated by these tools are informational only and do not constitute professional advice. Results are generated by third-party AI models (currently Anthropic Claude) and may contain errors or omissions. We do not guarantee accuracy, completeness, or fitness for any particular purpose.
• Your data. When you use a tool, we may ask for your name, email, and business details. We use this information to generate your report, email it to you, and follow up with relevant Gibson services. See our Privacy Policy for full detail.
• No substitute for professional services. The tools are marketing support resources. They do not replace legal, accounting, tax, or other professional advice. For grant applications, compliance questions, or financial decisions, consult a qualified professional.
• Right to withdraw. We may withdraw, modify, or restrict access to any of the free tools at any time without notice.

Contact us

Gibson Promotions PTY LTD
43 Moate Ave, Brighton-Le-Sands NSW 2216
Phone: 1800 950 347
Contact form: gibsonpromotions.com.au/contact