Terms

Bang Media Terms & Conditions

These Terms & Conditions (T&Cs) apply to all services provided by Bang Media Pty Ltd, including digital marketing, videography, photography, website development, and graphic & logo design. By accepting a quote or paying an invoice, you agree to these T&Cs. Please read them carefully.

1. Payment & Scope of Work

  • Deposits: A minimum 50% non-refundable deposit is required to begin work. For new clients, full payment may be requested upfront.
  • Ad Spend & Printing: Any costs related to ad spend, printing, or third-party services must be paid in advance and are not included in project quotes.
  • Final Payment: The remaining balance is due at agreed milestones set out in the proposal. Late payments may incur a 10% annual interest (compounded monthly) and collection costs.
  • Out-of-Scope Work & Revisions: Proposals include a set number of revision rounds. Additional revisions or changes beyond the agreed scope will be quoted and billed separately.
  • Delays: Projects are scheduled once the deposit is received. Delays in payment or communication may result in the project being placed on hold, with a reactivation fee applied for resumption. Delays flagged in advance will not incur this fee.
  • Cancellations: If a project is canceled after work has begun, refunds are not available. Bang Media may provide partial credits at its discretion.

2. Client Responsibilities

  • Collaboration: Clear communication and timely responses are essential for project success. Delays of more than 5 business days without explanation may result in the project being placed on hold.
  • Assets & Content: Clients must provide all required assets (e.g., text, images) needed to complete the work. If assets are not supplied, Bang Media can source them (e.g., stock photos) and will invoice the client for these additional costs.
  • Independent Edits: Damage caused by client or third-party edits to website files or designs will be repaired at an additional cost.

3. Ownership & Intellectual Property

  • Final Deliverables vs. Source Files:
    Ownership of the final, edited deliverables transfers to the client upon full payment. However, all raw files, project files, and underlying source files (for photography, videography, graphic design, logo design etc.) remain the sole property of Bang Media unless a prior written agreement states otherwise. The deliverable is the final edited product only and does not include any raw or project files. Requests for such files must be negotiated in advance and may incur additional fees.
  • Drafts and Unused Concepts:
    All drafts and unused concepts remain the property of Bang Media.
  • Portfolio Rights:
    Bang Media reserves the right to showcase completed work in its portfolio and may use this work in its promotions, marketing, or award submissions unless otherwise agreed upon.

4. Website & Digital Marketing Services

  • Hosting & Domains: Website hosting is not included by default and will be an additional cost. Domain registration can be arranged but cannot be guaranteed. Clients managing their own hosting or domain names are responsible for associated costs and renewals.
  • SEO & Digital Marketing: Bang Media aims to improve website traffic and campaign performance incrementally but does not guarantee specific rankings, conversion rates, or outcomes. Performance may be affected by factors outside Bang Media’s control, including platform changes, account suspensions, and market demand shifts.
  • Content Submission: Clients must provide all content by agreed milestones. Additional revisions or changes may incur extra costs.
  • Liability for Third-Party Services: Bang Media is not liable for issues caused by third-party services (e.g., hosting providers, ad platforms) or changes to algorithms affecting performance.

5. Limitation of Liability & Service Interruptions

  • General Liability: Bang Media is not responsible for lost data, content, profits, or business interruptions resulting from its services, nor for indirect or consequential damages.
  • Service Interruptions: If Bang Media cannot perform services due to equipment failure, illness, or bad weather, clients will be notified, and the service will be rescheduled or partially refunded for unused fees. Bang Media is not liable for compensation in such cases.
  • Force Majeure: Bang Media is not liable for delays caused by events outside its control, such as natural disasters or government restrictions.

6. Bang+ Retainer Agreements

  • Retainer Hours: Monthly retainers provide discounted hourly rates for ongoing support. Unused hours do not carry over.
  • Payment: Retainer fees must be paid as invoiced. Services may be suspended for late payments.
Termination: Retainers require 30 days' written notice for cancellation.

7. Amendments & Updates

  • T&Cs Updates: These Terms & Conditions may be updated at Bang Media’s discretion.

8. Photographer/Videographer Credit Requirements

  • Public Use by Third Parties: When Bang Media’s photography or videography is used or shared publicly by third parties (e.g., media outlets, online publications, TV stations, social media) outside the direct purview of the client, the content must include the clear and prominent credit “Photography by Bang Media” or “Videography by Bang Media,” as applicable.
  • Client-Specific Deliverables: For projects commissioned by a client where the work is delivered solely for internal or exclusive use, no public credit is required unless the client later distributes the content externally. In such cases, the client agrees to ensure that Bang Media’s credit is maintained in all public distributions.
  • Waivers & Exceptions: Any waiver of these credit requirements must be provided in writing and approved by Bang Media in advance. Failure to provide proper credit may be considered a breach of these terms and could result in additional licensing fees.

9. Additional Protections and Security Provisions

  • Limited License & Usage Restrictions: Upon full payment, the client receives a non-exclusive, non-transferable license to use the final deliverables strictly for the purposes agreed upon. Any additional use, reproduction, or distribution—especially by third parties—must be separately licensed and will require Bang Media’s written consent, along with proper credit as outlined in Section 8.
  • Unauthorised Usage & Indemnification: The client agrees to indemnify and hold Bang Media harmless from any claims, damages, or losses arising from the unauthorised use, alteration, or distribution of Bang Media’s work, including situations where proper credit is not provided as required.
  • Dispute Resolution: In the event of a disagreement, both parties agree to seek resolution through mediation before pursuing legal action.
  • Third-Party Use Monitoring: Clients agree to cooperate with Bang Media in monitoring the usage of photography, videography, and other creative work. If unauthorised use or lack of proper credit is identified, the client shall take prompt, reasonable steps to rectify the issue upon notification.
  • Non-Solicitation of Staff: Clients agree not to directly solicit or hire Bang Media’s staff during the project term and for 12 months following its completion without Bang Media’s express written consent.

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