TERMS AND CONDITIONS
DEFINITIONS
Content - for the purposes of these terms and conditions, “content” pieces shall refer to all photographs, images, graphics, animations and any other content created for social media by Splash & Co Creative Pty Ltd T/as The Social Content Factory (herein referred to as “TSCF”) for the Customer.
ACCEPTANCE OF TERMS
By making a deposit or full payment, The Customer therefore agrees to these Terms & Conditions.
PAYMENT TERMS
For one-off content - A 50% deposit is required upfront, and the balance is due upon delivery of the finished content. Payment can be made via bank transfer, credit card or PayPal. All fees are in Australian dollars unless otherwise stated.
For subscriptions - Full payment is required upfront, before any work is completed. Payment can be made via bank transfer, credit card or PayPal. All fees are in Australian dollars unless otherwise stated.
LATE FEES
We offer a 15 day grace period after the payment due date during which no late fees will be applied if the payment is made.
After this a 3% late fee (based on the total invoice amount) will be added for each month the invoice remains unpaid.
REVISIONS
TSCF will offer one round of revisions to the photoshoot editing, however TSCF does not offer revisions to the photoshoots themselves. It is The Customers responsibility to provide enough details in the brief, including example photos, a mood board, or any other specific requests, to allow TSCF to create content that meets their expectations. If The Customer provides these details and TSCF still fails to deliver content that meets their expectations, then an agreement will be made for either a reshoot or for the balance invoice to be forfeited.
PROPS
Basic props are included in all photoshoots. Specific prop requests will incur an additional fee.
USAGE
All content includes 3 year licensing to be used by the Customer on all web material. Unless you have paid for full copyright and ownership of the images, all photos taken are the intellectual property of the photographer. Additional licensing fees apply to any images used for printed magazine ads, banners, billboards, bus wraps or posters displayed in a public area. i.e., on the wall of a building and on any packaging, etc.
Without limiting TSCF rights, the Customer agrees that TSCF can use photographs and other content TSCF creates or provides (all Materials) for promotional purposes including as examples of TSCF work and in any brochure, newsletter, manual, report, website, social media or other media, and such use may include the Customer’s corporate name or other IP as it appears in the Materials, without liability or compensation to the Customer, and TSCF may also alter the Materials, determining to include or remove the Customer’s name or other IP, without prior Customer approval. TSCF reserves the right to subcontract any Services that TSCF has agreed to perform for the Customer as TSCF sees fit.
CUSTOMER’S MATERIALS
All Materials are used and stored by TSCF solely at the Customer’s risk and TSCF is under no obligation to insure any Materials.
Once materials have been delivered to the Customer, TSCF will not be liable in respect of any loss of the Materials arising out of the action of any person not employed or engaged by or associated with TSCF even if such person is present during and involved with the performance of the services.
DISPOSAL
All content created by TSCF will be retained for up to twelve (12) months only and then will be disposed of, deleted or erased. TSCF reserves the right to dispose of all Raw files and finished works after delivery to Customer.
PRODUCT HOLDINGS
TSCF will hold products for a maximum period of 3 months, unless the Customer requests an extension in writing. TSCF reserves the right to dispose of any products after this period.
CUSTOMER ACKNOWLEDGEMENTS
The Customer acknowledges and agrees that:
TSCF will have a lien on Materials provided by the Customer; and
No title in the Services manufactured, produced, duplicated, or otherwise provided by TSCF will be transferred to the Customer until the Customer pays all the amounts due to TSCF in full. The Customer acknowledges and agrees that upon payment of all outstanding invoices due to TSCF, the Customer is entitled to receive the finished works, but has no entitlement to the working files of TSCF. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by TSCF are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views of and opinions of TSCF, its employees and subcontractors.
CANCELLATION OF THE PURCHASE
If the Customer has engaged TSCF to provide services, the Customer may notify TSCF in writing (during normal business hours, 9am-5pm AEST) after the deposit has been paid, but only before any work has commenced by TSCF, that the Customer does not require the Services to be provided ("the cancellation”). The Customer will forfeit the deposit.
If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
CANCELLATION OF SUBSCRIPTIONS
Monthly subscriptions can be cancelled any time as long as you let us know prior to your monthly payment being processed. As soon as your monthly payment is processed we commence work on your following months content so are unable to offer a refund.
On a bi-yearly subscription you pay for 6 months of content upfront. If you'd like to cancel after your 6 month period you just need to let us know prior to your following 6-month subscription payment being processed. You will receive an email reminder before it is processed and have the chance to cancel at this stage. No refunds are given once the payment is processed.
RIGHT OF REFUSAL OR TERMINATION
TSCF reserves the right to terminate the provision of services to the Customer at any given time.
If TSCF terminates the provision of services, then any payments for work not completed will be refunded on a pro rata basis.
TSCF may seek compensation from the Customer for any loss or damage suffered.
FORCE MAJEURE
If TSCF cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, sickness, family emergencies or omission of any third person or public authority, then TSCF’ obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
LEGAL COSTS
The Customer will be liable for any legal costs incurred by TSCF in the recovery of unpaid invoices on an indemnity basis.
CONTACTABLE HOURS AND COMMUNICATION CHANNELS
Due to the nature of creative design work, TSCF will have limited availability for contact during normal business hours via email, Monday to Friday, 9am-5pm AEST.
AMENDMENT
TSCF reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.