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Terms

Bang Media Terms & Conditions

These Terms and Conditions ("Terms") govern the provision of services by Bang Media Pty Ltd ("Bang Media," "we," "us," or "our") to the client ("Client" or "you"). By engaging our services and upon payment of the invoice, you agree to be bound by these Terms.

2. Services Offered

Bang Media Pty Ltd provides a range of services, including but not limited to:

  • Digital Marketing
  • Website Design
  • Graphic Design
  • Branding
  • Video Production
  • Photography
  • Marketing Services

3. Scope of Work

A detailed Scope of Work ("SOW") will be provided for each project, outlining specific services, deliverables, timelines, and costs. Any additional work outside the agreed SOW will require a separate agreement and may incur additional charges.

4. Payment Terms

  • Deposits: A non-refundable deposit of 50% of the total project cost is required to commence work. For new clients, full payment may be requested upfront.
  • Final Payment: The remaining balance is due upon first draft of the project or as per the milestones outlined in the SOW. Late payments may incur interest charges.
  • Ad Spend & Third-Party Costs: Any costs related to advertising spend, printing, or third-party services must be paid in advance and are not included in project quotes unless explicitly stated.

5. Client Responsibilities

  • Timely Communication: Clients must provide timely feedback and required materials to avoid project delays.
  • Provision of Assets: Clients are responsible for supplying all necessary assets (e.g., text, images) for the project. If not provided, Bang Media can source these at an additional cost.
  • Approval of Work: Clients are responsible for reviewing and approving all deliverables. Approval signifies acceptance of the work as complete and satisfactory.

6. Revisions and Changes

The project includes a specified number of revision rounds as detailed in the SOW. Additional revisions or changes beyond the agreed scope will be quoted and billed separately.

7. No Refund Policy

  • All Sales Final: Once the quote is accepted and terms are agreed upon, all sales are final. No refunds will be provided for change of mind. This policy aligns with Australian Consumer Law, which does not entitle consumers to refunds for change-of-mind purchases.
  • Project Approval: If a client approves a project (e.g., a website design) and subsequently changes their mind, the full remaining balance of the project fee is due immediately.

8. Bang+ Retainer Agreements

Bang+ Retainer Agreements have a 12-month term. Early termination by the client requires payment of the remaining contract value in full.

9. Weather Conditions for Video and Photo Shoots

Video and photography services cannot be carried out in wet or adverse weather conditions. In such cases, sessions will be rescheduled at a mutually agreed time without additional charges.

10. No Guarantees on Sales or Marketing Outcomes

Bang Media does not offer any guarantees regarding sales, marketing outcomes, or specific results from our services. While we strive for excellence, results may vary based on numerous factors beyond our control.

11. Intellectual Property Rights

  • Final Deliverables: Upon full payment, ownership of final deliverables transfers to the client.
  • Source Files: All raw files, project files, and underlying source files remain the property of Bang Media Pty Ltd unless otherwise agreed in writing.
  • Portfolio Use: Bang Media reserves the right to showcase completed work in its portfolio and marketing materials unless otherwise agreed upon.‍

‍12. Limitation of Liability

Bang Media is not liable for any indirect, incidental, or consequential damages arising from the use of our services. Our total liability is limited to the amount paid by the client for the specific service in question.

13. Confidentiality and Non-Disclosure

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the agreement. This obligation extends beyond the termination of the contract.

14. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through informal negotiations. If unresolved, the dispute will be referred to mediation before any legal proceedings are initiated.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement if such failure or delay is due to causes beyond their reasonable control, including but not limited to fire, floods, acts of God, governmental regulations, war, riots, terrorist activities, strikes, lockouts, industrial disputes, pandemics, or epidemics. The affected party must notify the other in writing within [number] days of becoming aware of the force majeure event, detailing its nature and expected duration. Both parties shall use all reasonable endeavors to mitigate the effects of the force majeure event and resume performance as soon as practicable. If the event continues for a period exceeding [number] days, either party may terminate the agreement upon written notice to the other.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts in Queensland.

17. Amendments

Bang Media reserves the right to amend these Terms at any time. Clients will be notified of significant changes, and continued use of our services constitutes acceptance of the updated Terms.

18. Acceptance of Terms

By engaging Bang Media's services and upon payment of the invoice, the client acknowledges having read, understood, and agreed to these Terms and Conditions.

Privacy Act

We may collect Personal Information about your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988 (Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you. We will handle personal information in accordance with the Privacy Act.

For questions about these Terms & Conditions, please contact us at hello@bangmedia.com.au