Terms and
Conditions

1Parties

“Provider” means OH CREATIVE Pty Ltd (ACN: 703 032 973). “Client” means the person or entity named in the quote, proposal or invoice. A person making an engagement on behalf of another confirms they have the authority to do so.

2Booking and acceptance

An engagement is confirmed when the Client accepts the quote or proposal. Acceptance may be given in writing, by email, or by conduct — for example, by continuing to brief the Provider after completing the proposal form, which links to these Terms. No signed written agreement is required. Until an engagement is confirmed, the date and time remain available to other clients.

3Quotes, scope and pricing

3.1Each engagement is priced on the basis of the information available when the quote is issued. The quote states the fee (fixed or hourly), deliverables, coverage, timing and any included extras.

3.2Quotes are valid for 30 days from the date of issue.

3.3Fees are exclusive of GST unless otherwise stated.

3.4Overtime. Where a fixed fee quotes an estimated length of engagement, time beyond the quoted scope is charged at a commensurate hourly rate.

3.5Out-of-scope work. Additional or out-of-scope work (for example, extra locations, additional photographs or video cuts, additional revisions or new requests) is not included unless stated in the quote and may be charged after the fact at the rates agreed for the engagement.

3.6Travel. No travel charge is included unless otherwise stated for the specific engagement.

4Payment

4.1The Client will receive an invoice after the Services are performed or as otherwise agreed. Payment is due within 14 days of the invoice date.

4.2Late payment. Interest of 10% per annum accrues on any amount that becomes overdue. The Provider may suspend work, and may withhold final files and final deliverables, until overdue amounts are paid, subject to rights that cannot lawfully be excluded.

4.3Licence on payment. No licence to use any deliverable is granted until the relevant invoice is paid in full (see Clause 10).

4.4A deposit is not required by default. Where the Provider requires a deposit for a specific engagement, the deposit amount is stated in the quote and is payable 7 days before the engagement date.

5Client responsibilities

The Client is responsible for providing accurate briefing information, timely and safe access to locations and participants, relevant schedules, and any brand or technical requirements. The Client is responsible for obtaining all permits, venue and filming permissions, and all model, talent, property and location releases required for the engagement, and for ensuring any third parties within scope (including talent, performers and locations) have given the necessary consents. The Provider is not responsible for fines, delays or inability to perform arising from the Client’s failure to obtain required permissions or releases.

6Schedule changes, delays and cancellation

6.1The Client should notify the Provider promptly of changes to dates, locations, access or running times. Waiting time or additional attendance caused by delays outside the Provider’s control may be charged at the applicable rate.

6.2Cancellation by the Client. The Client must give at least 7 days’ written notice to cancel a confirmed engagement. If the Client cancels within 7 days of the agreed start date, the Client is liable to pay 20% of the total quoted amount for that engagement.

6.3Cancellation by the Provider. The Provider will use reasonable endeavours to perform every confirmed engagement. If the Provider is unable to attend or perform due to an event outside its reasonable control (such as illness, injury, accident, equipment failure or other unavoidable cause), the Provider will use reasonable endeavours to source a suitably qualified replacement. To the extent permitted by law, the Provider is not otherwise liable for the Client’s losses arising from a failure to perform caused by such an event, and any amounts already paid for work not performed will be handled in a way consistent with the ACL and applicable law.

7Creative approach and coverage

The Client acknowledges the Provider’s professional creative judgement and grants reasonable discretion over framing, timing, lighting, selection, editing and styling, subject to the agreed brief.

No guarantee of specific results. The Provider does not guarantee any specific photograph, shot, image or outcome. Photography and video are inherently dependent on factors outside the Provider’s control — including access to locations and subjects, the conduct or availability of participants, weather, lighting, on-site conditions, safety requirements and third-party production or venue instructions. Where any such factor prevents a particular result, the Provider is not in breach of the agreed brief. The Provider will use professional judgement to produce a coherent, usable body of work consistent with the agreed scope.

8Revisions, review and delivery

8.1Revisions. Three (3) rounds of reasonable revisions are included per deliverable. Additional rounds are charged at the hourly editing rate stated in the quote. “Revisions” means minor adjustments consistent with the original brief (for example, colour, grading, cropping, filters, black-and-white). Requests that go beyond the original brief or that amount to new work are treated as out-of-scope work under Clause 3.5.

8.2Review and deemed acceptance. The Client should review delivered work and raise any issue in writing within 7 days of delivery, stating what is deficient against the agreed brief. If no issue is raised within 7 days, the work is deemed accepted.

8.3Delivery. Delivered files are provided by a link to online storage. The Client should download and securely back up all delivered files promptly.

8.4Storage and deletion. The Provider does not retain backups of delivered files. Delivered files are deleted 30 days after delivery. The Client is responsible for storing and backing up its own files after that period.

8.5File types. Edited final files only are provided. Unedited RAW files and unselected working captures are not delivered unless agreed in writing.

9Copyright and intellectual property

9.1Ownership. Subject to any express assignment or operation of law, all copyright and intellectual property in the photographs, video, edited content, and other original material created by the Provider (the “Work”) remains with the Provider at all times. Delivery of files or payment of fees does not transfer ownership.

9.2Client licence. Once the relevant fee is paid in full, the Provider grants the Client a non-exclusive, non-transferable, perpetual licence to use the Work for the purpose(s) declared by the Client in the quote or proposal (the “Stated Use”). The Client’s use is limited to the Stated Use. Uses outside the Stated Use — including resale, sublicensing, stock use, third-party advertising, transfer to unrelated organisations, or any consequential or derivative use such as embedding in websites, applications, software or products — require the Provider’s prior written approval and may attract an additional fee.

9.3Declared use and changes. The Client must declare all intended uses of the Work when the quote is prepared, and the quote is priced on the basis of that declared use. If the Client’s intended use changes, or expands, after the quote, the Client must contact the Provider and seek approval; additional or changed uses may attract an additional fee.

9.4Exclusive rights. If the Client requires exclusive rights, or the removal or restriction of the Provider’s own use of the Work (see Clause 9.5), the Client must declare this in the quote. Exclusive rights are available only for an additional fee, the amount of which is stated in the quote.

9.5Provider portfolio and promotion. The Provider retains the right to use the Work for its own portfolio, website, social media, showreel, awards and self-promotion, unless the Client has purchased exclusive rights or an agreed restriction under Clause 9.4.

9.6Pre-existing material. The Provider retains all rights in its pre-existing portfolio, styles, presets, templates and methodologies. No licence or assignment of pre-existing material is granted unless expressly stated.

10Use of the Work

10.1No alteration. The Client must not materially alter, edit, retouch, crop, composite, filter, re-shoot or otherwise modify the Work without the Provider’s prior written approval. Normal layout and cropping for publication within the Stated Use is permitted.

10.2Credit. No credit is required for use of the Work within the Stated Use.

10.3AI. The Client must not use the Work, or any part of it, to train generative-AI or machine-learning models, to create synthetic derivative works, to perform face or identity replacement, or to license the Work to any AI dataset or service, unless expressly agreed in writing.

11Paid advertising campaigns (Google, Meta and other platforms)

11.1Scope. The Provider may, for a fee, (a) produce creative assets for use in paid campaigns, (b) set up, manage and run the Client’s advertising accounts (for example Google and Meta), and/or (c) run the Client’s existing creative within such accounts. The specific scope, fee and platform(s) are stated in the quote.

11.2Media spend. The Client is responsible for the cost of all advertising media spend (the amount paid to the platform to run the ads). Media spend is paid by the Client directly to the platform (or as otherwise arranged in the quote) and is separate from the Provider’s fees.

11.3Fees. A one-off setup fee applies to setting up a campaign or account, and a retainer (maintenance) fee applies to manage the account on an ongoing basis. Both are stated in the quote.

11.4Account access. Where the Provider manages the Client’s accounts, the Client grants the Provider access to the relevant account for the duration of the engagement and agrees to comply with the applicable platform’s terms of service. The Client remains the owner of the account.

11.5Results. The Provider does not guarantee any specific advertising result, performance, reach, impressions, clicks, leads or return on investment. Ad performance is affected by many factors outside the Provider’s control.

12Confidentiality and personal information

12.1The Client may designate specific work as confidential before booking; the Provider will not publish confidential work contrary to the agreed restriction (see Clause 9.5).

12.2The Provider collects and uses the Client’s contact, booking and project information to prepare quotes, provide the Services, communicate with the Client and meet legal obligations. Identifiable photographs may constitute personal information in some circumstances. The Provider’s handling of personal information is governed by its privacy policy, available at ohcreative.com.au, and applicable privacy law. Each party is responsible for complying with its own privacy and release obligations.

12.3No defamation or slander. No party will make, publish or encourage any statement that defames, disparages, misrepresents, or materially misstates the facts about the other party, its work, or this engagement — whether in writing, speech, or any medium, including social media, reviews, testimonials, public statements or third parties. A good-faith dispute or a reasonable complaint made through a proper channel (e.g. the dispute-resolution process) does not breach this clause — so it protects genuine grievances.

12.4Liability for false statements. If a party makes a false or defamatory statement about the other, that party is responsible for any damage, cost, or claim it causes (including the other party’s reasonable legal costs in responding), to the extent permitted by law.

13Non-exclusivity and confidentiality

13.1OH CREATIVE operates as an independent marketing agency and retains the right to provide services to other businesses, including those operating within the same or competing industries.

13.2All client information, advertising accounts, customer data, campaign strategies and commercially sensitive materials will remain confidential and managed independently.

13.3Unless expressly agreed in writing, this agreement does not provide the Client with industry exclusivity or restrict OH CREATIVE from engaging with other clients.

14Liability

14.1Consumer guarantees. The Services are subject to the consumer guarantees under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded.

14.2Limitation. To the extent the law permits, the Provider’s total liability in connection with an engagement is limited to the fees paid for the Services (or, if more appropriate, resupplying or re-performing the affected Services). Neither party is liable for indirect, incidental or consequential loss to the extent such exclusion is lawful.

14.3Insurance. The Provider carries public liability insurance. The Provider does not carry professional indemnity insurance. Neither party is liable for loss or damage caused by circumstances beyond its reasonable control.

15Dispute resolution and governing law

15.1The parties will first attempt in good faith to resolve any dispute through direct discussion.

15.2These Terms are governed by the laws of the State of South Australia, Australia.

16General

16.1Entire agreement. The accepted quote, proposal, invoice and these Terms form the contractual documentation for the engagement. Material changes to the services, price or other important terms should be confirmed in writing.

16.2The Provider may update these Terms from time to time. The version in effect at the time the engagement is confirmed applies.

16.3Severability. If a provision is found invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law.

16.4No waiver. A failure to enforce a provision on one occasion does not waive the right to enforce it later, subject to applicable law.

16.5Nothing in these Terms limits any right the Client has under the ACL or other applicable legislation that cannot be lawfully excluded. If any provision conflicts with a mandatory legal right, the applicable law prevails to that extent.