Terms and Conditions

1. About These Terms

These Terms and Conditions (“Terms”) govern the provision of services by PayloadFoundry (Sa’d Yaghi trading as Payload Foundry, ABN 95 399 554 023, “we”, “us”, “our”) to you (“Client”, “you”, “your”). By engaging our services, you agree to these Terms.

If we also sign a written Services Agreement or Statement of Work with you, that document takes precedence over these Terms where they conflict.

2. Definitions

• Services means the marketing, SEO, GEO, and related consulting services we provide as described in the applicable Quotation or Statement of Work.
• Quotation means a written proposal or Statement of Work describing the specific services, deliverables, fees, and timelines.
• Fees means the amounts payable for the Services as set out in the Quotation.
• Deliverables means the tangible outputs produced under the Services (for example, articles, reports, website code, audits, strategy documents).

3. Services

We provide marketing services on a non-exclusive basis, including:

• Generative Engine Optimisation (GEO) audits and content
• Search Engine Optimisation (SEO) strategy and execution
• Website design, development, and content
• Ongoing content marketing and growth retainers

The specific services we provide to you are set out in the Quotation you accept. We may update our service offerings from time to time; changes affecting an active engagement will be notified in writing.

3A. Free AI Visibility Scan

(a) The Free AI Visibility Scan at payloadfoundry.com/scan is a complimentary service we provide to help Australian cybersecurity firms understand how their brand surfaces in generative AI answer engines. Submitting the scan form does not create a client relationship or an obligation to engage us for paid services.

(b) The free version runs ten buyer-intent prompts generated for your detected service category, or a default Australian cybersecurity prompt pack if detection is inconclusive, run across four AI engines (Anthropic Claude, OpenAI ChatGPT, Google Gemini and Perplexity), with one run per engine. You may optionally nominate up to three competitor domains, which we use as hints to help identify competitor citations in engine responses. We do not run a separate head-to-head comparison between you and nominated competitors.

(c) We accept up to three free scans per calendar week, resetting at midnight Sydney time on Mondays. The week of 2 November to 8 November 2026 accepts ten scans as a one-off during the launch of the Australian Cyber AI Visibility Index. When a week is full you may join the waitlist and we will notify you when the next week’s slots open.

(d) Delivery is on demand. Reports are usually delivered within an hour of submission, always within 48 hours. We do not warrant specific delivery times. If a scan has not reached you within 48 hours, email hello@payloadfoundry.com and we will resend.

(e) Each domain and each email address is limited to one free scan every 30 days. Repeated submissions from the same domain or the same email address within that window will be rejected.

(f) By submitting the scan form you consent to receive one follow-up email from PayloadFoundry about your results and relevant service options. We will not add you to a recurring marketing list without your separate opt-in.

(g) Scan results reflect the state of each AI engine at the point of query. AI engine answers change frequently and are influenced by the engines’ own training data, retrieval sources and ranking algorithms. We make no representation that the citation, mention or absence of your firm in any engine will persist, improve or worsen between scans. Nothing in the scan report constitutes advice on which specific actions will cause a change in your citation rate.

(h) The scan is provided “as is”. To the maximum extent permitted by law, we exclude all warranties, representations and conditions in relation to the scan, its results, accuracy, completeness and fitness for a particular purpose, except those that cannot be excluded under the Australian Consumer Law.

3B. The Australian Cyber AI Visibility Index

(a) The Australian Cyber AI Visibility Index (the “Index”) is a public leaderboard published at radar.payloadfoundry.com/leaderboard that measures how a named list of Australian cybersecurity firms appear across four generative AI engines on ten standardised buyer prompts. The Index methodology is published in full at radar.payloadfoundry.com/methodology and is updated monthly.

(b) The Index is an independent measurement exercise produced by PayloadFoundry. Inclusion of a firm in the Index does not imply the firm has consented to, participated in, or endorsed the Index or PayloadFoundry.

(c) Scores reflect the state of each AI engine at the point of each refresh. Scores may change materially between refreshes without any change in the measured firm’s conduct, services or marketing.

(d) A measured firm may request removal from the Index at any time by emailing hello@payloadfoundry.com. We will remove the firm within five business days of a verified request. We may continue to retain the historical data for research purposes but will not display the firm’s score publicly after removal.

(e) We may update the methodology, the list of measured firms, the prompt pack and the scoring formula from time to time. Material changes will be noted on the methodology page with the date of the change.

(f) The Index is provided for information only. No part of the Index should be relied upon as a recommendation of any firm, as a measurement of security capability, or as a substitute for proper due diligence on a cybersecurity provider.

4. Quotations and Acceptance

• Quotations are valid for 30 days from the date issued unless otherwise stated
• A Quotation becomes binding when you accept it in writing (including by email) or make payment against it
• Estimated timelines in a Quotation are indicative, not guaranteed. We will notify you promptly of any material delays

5. Fees and Payment

• Fees are set out in the applicable Quotation and quoted in Australian Dollars (AUD)
• We are not currently registered for GST. When our turnover crosses the AUD $75,000 GST registration threshold, GST will be added to invoices from that point forward, and we will update you accordingly.
• Fixed-price project Fees are typically invoiced 50% on commencement and 50% on delivery unless otherwise agreed
• Retainer Fees are invoiced monthly in advance
• Payment terms: 14 days from the invoice date unless otherwise agreed in writing
• Accepted payment methods: bank transfer, PayID, or credit card via Stripe (a surcharge may apply for card payments)

6. Late Payment

• Invoices remaining unpaid after the due date may attract interest at 1.5% per month (18% per annum)
• We may suspend Services until overdue amounts are paid in full
• You are responsible for any collection costs, including reasonable legal fees, incurred in recovering unpaid amounts

7. Client Obligations

You agree to:

• Provide accurate, timely, and complete information required for us to deliver the Services
• Respond to requests for feedback, approvals, and access within reasonable timeframes
• Grant access to necessary accounts, systems, and tools (e.g., Google Search Console, analytics platforms, CMS, hosting)
• Notify us promptly of any changes affecting the Services
• Ensure that any materials you provide to us do not infringe third-party rights and comply with applicable laws

Delays caused by your failure to meet these obligations may affect timelines and may result in additional fees.

8. Service Delivery and Timelines

We use commercially reasonable efforts to deliver Services within agreed timeframes. Timelines depend on:

• Client responsiveness
• Third-party dependencies (e.g., search engines, hosting providers)
• Scope changes

We are not liable for delays caused by circumstances outside our reasonable control (see Section 18 - Force Majeure).

9. Performance and Outcomes

Marketing outcomes (rankings, traffic, AI answer engine citations, leads) are influenced by many factors we do not control, including search engine algorithms, competitor activity, seasonality, and market conditions.

• We provide targets and best-effort commitments, not guaranteed outcomes
• We report against agreed metrics transparently at intervals stated in the Quotation
• Our Services are professional advisory in nature. You retain full responsibility for business decisions made using our advice or Deliverables

10. Intellectual Property

• Client materials: You warrant that you own or have licence to use all materials (text, images, logos, brand assets) you provide us. You grant us a non-exclusive, royalty-free licence to use these materials for the purposes of delivering the Services.
• Deliverables: Upon full payment of all Fees owed, intellectual property rights in project-specific Deliverables (for example, website copy, blog articles, custom audits) transfer to you.
• Our IP: We retain ownership of our pre-existing methodologies, frameworks, templates, tools, playbooks, and general know-how. These are not transferred to you under these Terms.
• Case studies: We may reference our work for you in general or anonymised terms (e.g., “marketing for cybersecurity firms”) in case studies, portfolios, or marketing materials, without disclosing confidential details, unless you request otherwise in writing.

11. Confidentiality

Both parties will keep confidential information (business plans, financial data, technical details, client lists) shared during our engagement confidential and will not disclose it without the other party’s written consent, except:

• To professional advisors under confidentiality obligations
• Where required by law or court order
• Where the information is already publicly available through no fault of the receiving party

Confidentiality obligations survive termination of our engagement for a period of three (3) years.

12. Third-Party Services

We may use third-party services (hosting, analytics, email delivery, research tools) to deliver the Services. We are not responsible for outages, changes, or issues with third-party services that affect our delivery.

Costs of third-party subscriptions purchased on your behalf (for example, Ahrefs, Instantly, SerpApi, ad spend) may be passed through at cost or bundled into Fees, as set out in the Quotation.

13. Publicity

Neither party may use the other’s name, logo, or trademarks in marketing or public materials without prior written consent. However:

• We may list your business name in general references (for example, “we work with cybersecurity firms including SMB MSSPs”) without identifying you specifically.
• We may publish anonymised case studies describing our work.
• Where you have provided prior written consent, we may publish named case studies, including the current engagement style used on our website at payloadfoundry.com/case-studies, which may include your firm name, logo, and quantified baseline and progress data.
• You may reference our engagement in a similar manner.

Either party may revoke their consent to named publicity at any time by email to the other party. On receipt of a revocation request, the receiving party will remove the named references from live properties within five business days. Historical references in archived material (for example, past LinkedIn posts) are not covered by the revocation.

14. Indemnity

You indemnify us against any claims, losses, damages, or costs (including reasonable legal fees) arising from:

• Your provision of inaccurate, misleading, or infringing materials
• Your breach of these Terms
• Your business decisions or the operation of your business
• Your use of our Deliverables in ways not agreed in the Quotation

15. Limitation of Liability

• To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the total Fees paid by you in the six (6) months preceding the event giving rise to the claim.
• We are not liable for indirect, consequential, or business losses (including lost profits, lost revenue, lost data, or reputational damage) arising from our provision of the Services.
• Nothing in these Terms excludes liability where such exclusion is prohibited by law, including under the Australian Consumer Law (see Section 16).
• The Free AI Visibility Scan and the Australian Cyber AI Visibility Index are provided without charge and without a client relationship. To the maximum extent permitted by law, our liability for anything arising out of those features is limited to AUD 100 or supplying the service again, whichever we elect in our sole discretion.

16. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

Where you engage our Services as a consumer under the Australian Consumer Law, you have consumer guarantees that cannot be excluded, restricted, or modified. Nothing in these Terms limits or excludes your rights under those consumer guarantees.

Where the Services are supplied to you other than as a consumer, and where permitted by law, our liability for a breach of a guarantee is limited (at our option) to:

• Supplying the Services again, or
• Payment of the cost of having the Services supplied again

17. Termination

• Retainer Services: Either party may terminate a retainer engagement by giving 30 days’ written notice
• Project Services: Either party may terminate a fixed-price project by giving 14 days’ written notice. Fees for work already completed remain payable
• Immediate termination for cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice
• Force majeure: We may suspend or terminate Services if a force majeure event prevents us from continuing (see Section 18)

18. Force Majeure

Neither party is liable for failure to perform obligations caused by circumstances outside their reasonable control, including natural disasters, government actions, extended internet or cloud service outages, or pandemics. The affected party must notify the other promptly and take reasonable steps to mitigate.

19. Non-Solicitation

For a period of six (6) months after the end of our engagement, you agree not to directly hire or solicit any employee, contractor, or subcontractor of ours without our prior written consent.

20. Independent Contractor

We provide Services as an independent contractor. Nothing in these Terms creates an employment, agency, partnership, or fiduciary relationship between us.

21. Handover and Data Return

Upon termination, we will:

• Deliver any Deliverables completed but not yet delivered (subject to payment of outstanding Fees)
• Transfer access to accounts, tools, and files that we set up on your behalf within 14 days of receipt of final payment
• Retain copies of Deliverables for our records for a period consistent with our data retention policy

22. Data Retention

We retain client data for as long as necessary to:

• Provide ongoing Services
• Comply with tax and legal record-keeping requirements (typically five years under Australian tax law)
• Address disputes or claims

23. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising under these Terms is subject to the exclusive jurisdiction of the courts of New South Wales.

24. Variation

We may update these Terms from time to time. We will notify existing clients of material changes via email at least 30 days before the changes take effect. Continued engagement of our Services after that period constitutes acceptance of the updated Terms.

25. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms upon written notice to you.

26. Entire Agreement

These Terms, together with the applicable Quotation or Statement of Work, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions, understandings, or agreements.

27. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions continue in full force and effect.

28. Contact

PayloadFoundry Sa’d Yaghi trading as Payload Foundry ABN: 95 399 554 023 Email: hello@payloadfoundry.com Website: payloadfoundry.com Location: Sydney, New South Wales, Australia