CONTENT CREATION - PRIVACY, TERMS & CONDITIONS

GENERALISED PRIVACY, TERMS AND CONDITIONS

Prior to the commencement of content creation services by Marketing Your Brand (also known as, Marketing Your Brand Pty Ltd) and upon acceptance of the quotation, payment is immediately due and payable according to the dispatched invoice. Each item listed is an ‘estimation only’ and may vary depending on progressive requirements of the commissioned project. Payment to Third Party Providers are not included in the invoice, and are the responsibility of The Client.

All due care is given to complete projects as soon as possible (ASAP), however, timeframes are an estimate only and may predominantly rely on client, and third party providers. Please be mindful that delays outside of the control of Marketing Your Brand, cannot be accounted for and may delay the process accordingly. Strict adherence to Marketing Your Brand requests will further expedite the estimated timeframe.

Project Payment Terms for projects quoted at under $2900AUD require full payment before your project will commence. Projects quoted at over $2900AUD will commence once an initial 50% deposit has been received. The final 50% is due once transfer of website/copyright ownership is ready to be placed into your account name. A reminder for the final invoice amount will be sent once your project is ready for ownership transfer.

Retainer Services are generally capped at a discounted hourly rate for active clients only, and are not available to new or returning clients, unless otherwise agreed upon by Marketing Your Brand. Prices for Copywriting Project Services are subject to change without notice. Invoices for retainer services are sent monthly. If payment is not received within 14 days of invoice notice, cancellation, penalties, interest and fees will apply to the due amount. Please note interest is charged at a rate of 3-7% on overdue invoices - this is due to staffing costs, and borrowings, and is non-negotiable.

The invoice/quotation provided is limited to the products and services listed within OR in the working Google Drive document you were supplied within the invoice via URL link. Should additional instructions be received by Marketing Your Brand, you will receive a further quotation, as well as Terms and Conditions for such instructions. Please review them carefully.

Marketing Your Brand holds non-exclusive rights to creative license used for content projects. Content creation may be used for the purpose of promotions once the copywriting project has been approved.

Once the content is approved by the client, all legal liability associated to the content/project is held by the client; this is especially applicable to any finance, legal, medical, professional or related content required in/or delivered in the project content. Upon the content being approved by the client, Marketing Your Brand grants to the client all rights, title, and interest in such content. It is the clients responsibility to fact check, review and request the appropriate edits on all submissions prior to final approval and publishing the content. Irrespective of whom published the content, Marketing Your Brand holds no legal responsibility for recommendations, implications or advice that is delivered through the content or made public by the client. Upon giving your approval/client sign-off you confirm that you have read the content and agree that all descriptions and language used is accurate. Once published the client is the publishing author and all legal responsibility lies with the client.

Marketing Your Brand can sign a non-disclosure agreement, and do not share personal business information with third parties without your express written permission. Please maintain your copy, as we utilise generic NDA agreements, Marketing Your Brand are not required to maintain copies of each signed agreement.

All research and analysis is done in accordance with the Australian Consumer and Competition Commission (ACCC), our own privacy policy, laws and regulations. 

Marketing Your Brand reserve the right at any time to terminate, withdraw, modify or discontinue the Service (or any part or content thereof) without notice at any time.

Marketing Your Brand shall not be liable to The Client or to any Third-party Provider for any content, modification, price change, suspension or discontinuance of the Service.

Failure to meet Marketing Your Brand payment terms of the invoice may result in applied penalties, including but not limited to interest, late payment fees and other charges. Failure to pay invoices more than 14 days in arrears (of the specified due date) will result in project holds, cancellation or withdrawal. Documentation, files and project information may also be withheld until payment terms have been met. Please note, Marketing Your Brand utilises the services of debt collection agencies if invoices have not been paid after 30 days of the invoice due date. 

Marketing Your Brand is not liable to The Client or any Third-party Provider for any products or services rendered on behalf of the client. This includes but is not limited to modification, software failure, price change, suspension or discontinuance of the service. Grievances with or failure of service by Third-party providers (including applications or software used), are cordially directed to the Third-party and The Client. 

If false or misleading information is provided by The Client at any time, Marketing Your Brand reserve the right to terminate, modify or discontinue the Service (or any part or content thereof) without notice at any time.

Marketing Your Brand abides by The Australian Competition and Consumer Act 2010 (Cth). Please view more here.  

 

COPYWRITING AGREEMENT: CLIENT TERMS

By engaging us, you, the Client, agree to the following Client Terms (the ‘Terms’):

‘Assignment’ means the project, work or content described in the Proposal document. 

‘Fee’ means the price for the Services, project or Assignment agreed in the Proposal.

‘Services’ means the copywriting services outlined in the Proposal and any other services that may be agreed in writing from time to time.

‘Proposal’ means the outline of our Services for your work or project.

‘Marketing Your Brand & Marketing Your Brand Pty Ltd ’ means the person who is engaged and agrees to perform the Copywriting Services for the Client.

DELIVERY OF SERVICES AND ASSIGNMENTS

Marketing Your Brand & Marketing Your Brand Pty Ltd  agrees to deliver the Assignment by the deadline agreed in writing between the parties. In the event of any delay in delivery, Marketing Your Brand & Marketing Your Brand Pty Ltd will notify the Client to discuss and agree an alternative date. The Client acknowledges that any late provision of any materials, information or responses that Marketing Your Brand & Marketing Your Brand Pty Ltd may have requested or require may result in a delay to delivery of the Assignment. The Client acknowledges that Marketing Your Brand & Marketing Your Brand Pty Ltd is not responsible for any such delay.

The Fee includes a first draft and limited to 2 reasonable revisions. A ‘reasonable revision’ means non-material, minor editorial changes only. Any structural, substantial changes or new material not included in the original Proposal will be charged at the Marketing Your Brand & Marketing Your Brand Pty Ltd ’s hourly rate at the time of the request.

Requested revisions must be returned to the Marketing Your Brand & Marketing Your Brand Pty Ltd within 1 week of submission of the first draft or as otherwise agreed. Any late delivery of revisions by the Client to Marketing Your Brand & Marketing Your Brand Pty Ltd may result in a delay to finalization of any Assignment as the Marketing Your Brand & Marketing Your Brand Pty Ltd may have blocked their time out for other work and clients.

The Marketing Your Brand & Marketing Your Brand Pty Ltd will complete and deliver the Assignment with the final revisions within 1 week of receiving revision requests; with the exception of any agreed Assignments for which the Marketing Your Brand & Marketing Your Brand Pty Ltd and Client have agreed an alternative timeframe.

CLIENT APPROVAL AND USE OF ASSIGNMENT

Marketing Your Brand & Marketing Your Brand Pty Ltd may engage contractors/employees or a third party to produce or assist in the production of any work or service for the Client. However, all provided work passess through a strict editing and draft process that is approved by the Director of Marketing Your Brand & Marketing Your Brand Pty Ltd.

The Client is responsible for written or verbal approval required for the completion of the Assignment. Payment of the invoice rendered by Marketing Your Brand & Marketing Your Brand Pty Ltd or any publication, express written client approval via email or use of the Assignment also constitutes formal approval of the Assignment.

The Client may edit the Assignment as they deem appropriate for publication or any other use after Client approval.

The name of Marketing Your Brand & Marketing Your Brand Pty Ltd must not be listed as author on any work or Assignments resulting from these Services, unless agreed in writing by the Client and Marketing Your Brand & Marketing Your Brand Pty Ltd.

ERRORS AND OMISSIONS

While Marketing Your Brand & Marketing Your Brand Pty Ltd makes all efforts to ensure that the Assignment is proofread, grammatically accurate and factually referenced where applicable, there is no guarantee that every Assignment is completely free from typographical, grammatical or factual errors. In addition, as the Assignment and Services are based on the topics, materials and information provided by the Client, Marketing Your Brand & Marketing Your Brand Pty Ltd  is not responsible for errors occurring in the Assignment or projects related to the Assignment after approval of the Assignment by the Client.

Marketing Your Brand & Marketing Your Brand Pty Ltd cannot control where and when any Assignment may be amended, posted, published or otherwise used by the Client and for this reason, the Client agrees the Marketing Your Brand & Marketing Your Brand Pty Ltd is not responsible for any Assignment or Services after provided and approved and the Client will indemnify Marketing Your Brand & Marketing Your Brand Pty Ltd for any direct or indirect claims in relation to the use of the Assignment.

CONFIDENTIALITY

‘Confidential Information’ means all information of a confidential nature concerning the Client and its products, disclosed to Marketing Your Brand & Marketing Your Brand Pty Ltd by the Client and includes any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain.

Materials and work may be provided to Marketing Your Brand & Marketing Your Brand Pty Ltd from time to time in order to enable provision of the Services. Marketing Your Brand & Marketing Your Brand Pty Ltd shall exercise due care not to disclose Confidential Information to any third party without express written permission of the Client and will only use the Confidential Information in order to enable the provision of the Services.

Despite anything contained in this clause, Marketing Your Brand & Marketing Your Brand Pty Ltd may disclose Confidential Information to the extent required by law or a regulatory authority.

During the term of this arrangement and after its termination, all information concerning fees, payment arrangements, terms and any other information disclosed by Marketing Your Brand & Marketing Your Brand Pty Ltd, shall be treated as Confidential Information by the Client.

Marketing Your Brand & Marketing Your Brand Pty Ltd WARRANTIES AND CLIENT ACKNOWLEDGEMENTS

Marketing Your Brand & Marketing Your Brand Pty Ltd warrants the following:

1. In providing the Services, they will comply with general law and industry standards.
   
   
2. The Assignment will be original and unique work and will not knowingly breach any third party rights.
   
   
3. The work performed to provide the Services will be done to a high standard in accordance with best practice.
   
   
4. The scope of the Services will be limited to the description provided in the Proposal, these Terms and as may be agreed in writing from time to time.

The Client agrees that:

1. They will provide any relevant information required for Marketing Your Brand & Marketing Your Brand Pty Ltd to carry out the Services in a timely manner; and
   
   
2. They will supply the outline for the work and Services and any research material that Marketing Your Brand & Marketing Your Brand Pty Ltd may require to complete the Services, including any person to be available to respond to queries or additional information that Marketing Your Brand & Marketing Your Brand Pty Ltd may require to finalise the Assignment.
   
   
3. All work is completed based on and in accordance with the Client’s instructions.

LIMITATION OF LIABILITY AND INDEMNITY

Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.

 The Client agrees to indemnify and hold Marketing Your Brand & Marketing Your Brand Pty Ltd harmless from and against all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including settlement costs) or associated expenses (including legal fees) resulting from written or published material produced for the Client, or arising in connection with any information or material supplied by the Client, or from any act or thing done on the Client’s instructions or with the Client’s approval.

INTELLECTUAL PROPERTY (‘IP’) AND OWNERSHIP OF ASSIGNMENTS

Subject to full payment by the Client of invoices, all ownership and IP in content of the Assignment and Services belongs to and vests in the Client. Any outstanding work, Assignments and Services remain the property of Marketing Your Brand & Marketing Your Brand Pty Ltd and may not be used, altered, redistributed or published by the Client until payment in full has been made and received by Marketing Your Brand & Marketing Your Brand Pty Ltd.

IMAGES, GRAPHICS AND LOGOS (‘IMAGES’)

Generally, any Images required for any content of the Assignment is to be provided by the Client. The Client takes full responsibility for ensuring their imagery is correctly licensed by a third-party designer, employee, freelance contractor for the purposes of the intended use or is otherwise owned by the Client.

If the Client is unable to prove that a valid license exists and was purchased, the liability of any infringement will fall on the Client. Any third party claims are to be managed by the Client.

From time to time, the Client may request Marketing Your Brand & Marketing Your Brand Pty Ltd to provide Images as part of the Services. All Images, materials and work is provided without warranties of any kind, both express and implied. In the event of any such request by the Client for Images, the Client agrees to pay any additional fees for licensing or use as may be incurred and invoiced by the Marketing Your Brand & Marketing Your Brand Pty Ltd.

As a consequence of engaging the Services, Marketing Your Brand & Marketing Your Brand Pty Ltd has the right and permission to use the Client’s name and logo for their own business promotional and advertising purposes. If the Client does not wish to have their name and logo used for such purposes, they agree to inform Marketing Your Brand & Marketing Your Brand Pty Ltd in writing of such refusal and the Marketing Your Brand & Marketing Your Brand Pty Ltd agrees to remove any reference to the Client in relation to their business and Services.

INVOICES, PAYMENT AND CANCELLATION

The Client agrees to pay all invoices by the date specified in the invoice. Any late, overdue or unpaid invoice amounts will incur penalty interest at the interest rate stated in the invoice or otherwise at the annual rate of 10% pro rata.

As Marketing Your Brand & Marketing Your Brand Pty Ltd has set aside time for completing the work, and once the Client approves the Assignment, all monies are non-refundable. Any cancellation of work or Assignment, once confirmed by the Client, will forfeit any deposit. Where there is no deposit paid in advance, the full amount of the Assignment, as stated in the Proposal, becomes immediately due and payable.

In the event that the Client fails to pay any invoices in accordance with the terms of the invoice, these Terms or does not perform its obligations under these Terms, Marketing Your Brand & Marketing Your Brand Pty Ltd may refuse to continue to provide the Services and may terminate the arrangement immediately without notice. Marketing Your Brand & Marketing Your Brand Pty Ltd may also commence proceedings to collect any outstanding debts owed.

RELATIONSHIP

The relationship under these Terms is that of principal and Company Pty Ltd as an independent contractor agreement. At no time is the Marketing Your Brand & Marketing Your Brand Pty Ltd a partner, agent, employee or joint venture partner of the Client. No act or omission of either party is to bind the other party except as expressly set out in these Terms.