TERMS AND CONDITIONS - SOCIAL MEDIA CONTENT PACKAGES
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 Social Pty Ltd T/as The Creators Hive (herein referred to as “TCH”) for the Customer.
PAYMENT SCHEDULE
When purchasing a content pack: Purchase of deliverables requires the Customer to pay the total owing upfront during the checkout process in order to be added to the queue. Priority is given to Customers based on the date and time the payment was received. Failure to clear funds from the Customer will result in a termination of services. All payments are non-refundable.
SERVICES
Individual packages purchased by the Customer are limited to the following content:
Included in Content Packs:
Product photography
Not Included (unless previously agreed to in writing):
Videos
Recipe creation, cooking, baking, food preparation etc.
Models
Location dependent content
Specific props or ingredient requests
The Customer will have the opportunity to complete a content brief before payment and prior to commencement. This will serve as a guide for the required content to be provided to the Customer. Failure to provide an itemised content list to TCH prior to commencement could result in unsatisfactory content at the cost of the Customer. If the Customer requires TCH to re-shoot or recreate any content, this will be at the expense of the Customer.
DELIVERABLES
All packages include a set number of content pieces dependent upon the package purchased with TCH. The content will be delivered to the Customer via email, cloud link or any other method agreed upon by the Customer and TCH. Any content created at the request of the Customer that is created by TCH but no longer required by the client is non-refundable.
REVISIONS
All content provided to the Customer is final. This does not include any errors or omissions from TCH which will be fixed free of charge.
If additional pieces of content have been requested by the Customer they are required to process the additional payment prior to receiving it.
TCH reserves the right to refuse any content requests at any time.
Delivery timings given to the Customer by TCH are based on an estimation and can be subject to change.
UNDELIVERED CONTENT
If for any reason, TCH cannot deliver content to the Customer within 30 days, a full refund will be issued.
PHOTOSHOOT SCHEDULING
Photoshoots will occur approximately 7 days after the Customers products have been received by TCH. Should the Customer require a different shoot date, they are to provide their request in writing via email to TCH during normal business hours, Monday to Friday, 9am-5pm AEST, giving at least 5 business days notice.
If the Customer fails to inform TCH of their change of date request, or if the customer provides an incomplete content brief, TCH will schedule the photoshoot and create all content without direction from the Customer.
CUSTOM PACKAGE PRICING
Custom package pricing provided by TCH to the Customer is valid for 1 month from the date of quotation.
USAGE
Where TCH Provision of Services involves Photography or Retouching, TCH standard included licence of the Images to the Customer covers use of the final edited images only, for distribution worldwide via the internet or public display only, for an agreed usage period time frame. Images may be distributed on Social Channels, Print and Web use.
Without limiting TCH rights, the Customer agrees that TCH can use photographs and other content TCH creates or provides (all Materials) for promotional purposes including as examples of TCH 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 TCH may also alter the Materials, determining to include or remove the Customer’s name or other IP, without prior Customer approval. TCH reserves the right to subcontract any Services that TCH has agreed to perform for the Customer as TCH sees fit.
CUSTOMER’S MATERIALS
All Materials are used and stored by TCH solely at the Customer’s risk and TCH is under no obligation to insure any Materials.
Once materials have been delivered to the Customer, TCH 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 TCH, even if such person is present during and involved with the performance of the services.
DISPOSAL
All content created by TCH will be retained for up to twelve (12) months only and then will be disposed of, deleted or erased. TCH reserves the right to dispose of all Raw files and finished works after delivery to Customer.
CUSTOMER ACKNOWLEDGEMENTS
The Customer acknowledges and agrees that:
TCH will have a lien on Materials provided by the Customer; and
No title in the Services manufactured, produced, duplicated, or otherwise provided by TCH will be transferred to the Customer until the Customer pays all the amounts due to TCH in full. The Customer acknowledges and agrees that upon payment of all outstanding monies owed to TCH, the Customer is entitled to receive the finished works, but has no entitlement to the working files of TCH. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by TCH 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 TCH, its employees and subcontractors.
CANCELLATION OF THE PURCHASE
If the Customer has engaged TCH to provide services, the Customer may notify TCH in writing (during normal business hours, 9am-5pm AEST) within 3 business days after the payment has been processed, that the Customer does not require the Services to be provided ("the cancellation”). The Customer will forfeit 50% of the payment.
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.
Cancellations engaged by the Customer will not come into effect until after the minimum term period specified by TCH.
The Customer shall not unreasonably withhold acceptance of, or payment for their package.
RIGHT OF REFUSAL OR TERMINATION
TCH reserves the right to terminate the provision of services to the Customer at any given time.
If TCH terminates the provision of services, then any payments for work not completed will be refunded on a pro rata basis.
TCH may seek compensation from the Customer for any loss or damage suffered.
FORCE MAJEURE
If TCH cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, unfavourable weather, 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 TCH’ 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 TCH in the recovery of unpaid invoices on an indemnity basis.
PRIVACY
All information received by TCH from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
CONTACTABLE HOURS AND COMMUNICATION CHANNELS
Due to the nature of creative design work, TCH will have limited availability for contact during normal business hours via email, Monday to Friday, 9am-5pm AEST.
AMENDMENT
TCH 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.