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Terms

Bang Media Terms & Conditions

1. Introduction

These Terms and Conditions govern all services provided by Bang Media Pty Ltd ("Bang Media", "we", "us", or "our") to the client ("Client" or "you"). By engaging our services and paying any invoice, you agree to these Terms. This Agreement is governed by the laws of Queensland, Australia.

2. Services Offered

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

  • Digital Marketing (Google Ads, Meta Ads, TikTok Ads, YouTube, LinkedIn)
  • Website Design & Development
  • Branding, Logo Design & Graphic Design
  • Video Production & Editing
  • Photography & Photo Editing
  • Marketing Strategy, Campaign Management, and Content Creation

Each project or retainer will include a Scope of Work (SOW) outlining deliverables, timelines, and costs.Any work outside the agreed SOW will be quoted and billed separately.

3. Payment Terms

  • A non-refundable 50% deposit (or as stated in proposal) is required before work begins.
  • The remaining balance is due upon delivery of the first draft or as per milestones in the SOW.
  • Ad spend and third-party costs must be paid in advance.
  • All digital marketing fees and ad spend invoices must be paid before the month commences.
  • Services may be paused for non-payment.
  • A 5% surcharge applies to Google Ads spend to cover international fees.
  • Late payments may incur interest at 5% per month.

4. Client Responsibilities

  • Provide timely communication, approvals, and required assets to avoid project delays.
  • Ensure all supplied materials (text, images, offers, and claims) comply with Australian Consumer Law (ACL).
  • Approve all deliverables in writing before finalisation. Approval constitutes acceptance.
  • Provide administrative access where required (e.g. Google Ads, Meta, Analytics, hosting, CMS).
  • Delays in feedback or approvals may impact delivery schedules and campaign performance. Bang Media is not responsible for negative outcomes caused by client delays.

5. Project Timelines, Delays & Working Hours

Project timelines are estimates only and depend on the Client's timely provision of content, feedback, and approvals.If a project is delayed by more than 30 days due to Client inaction, Bang Media may:

  • Invoice the remaining project balance in full, and/or
  • Reallocate resources and adjust delivery dates at its discretion.
    Additional time required to restart delayed projects may incur hourly fees.

Bang Media operates Monday to Friday, 8:00 a.m. to 4:00 p.m. (AEST), excluding public holidays observed in Queensland, Australia. Requests or communications received outside business hours will be addressed on the next business day.

Bang Media observes a two-week lockout period across the Christmas and New Year break, during which we operate with limited staff. During this period, response times may be delayed and only critical support requests will be actioned. Project timelines may be adjusted accordingly to accommodate this seasonal closure.

6. Revisions, Feedback, and Scope Control

Bang Media provides revision rounds to refine deliverables in line with the agreed brief. The number of revision rounds will be specified in the Scope of Work (SOW).

A revision round means one consolidated cycle of client feedback followed by Bang Media's updates. Each round begins when the client provides a complete list of feedback and ends when Bang Media delivers the updated version for review.

How Revisions Apply Across Services:

  • Graphic Design, Branding & Logo Design: Revisions cover reasonable layout or design adjustments within the approved concept. New design directions or alternate concepts are outside scope.
  • Video Production & Editing: Revisions include reasonable changes to timing, sequencing, or captions. Major re-edits requiring new footage, music, or reshoots are new work.
  • Photography & Photo Editing: Revisions include standard image processing or colour corrections. Requests for additional images, retouching, reshoots, or complex composites are outside scope.
  • Website Design & Development: Revisions apply to layout, content, or styling within the agreed structure. Functional changes, new pages, or redesigns are out of scope and will be quoted separately.
  • Advertising & Campaign Assets: Revisions cover copy or visual tweaks before campaign approval. Post-approval edits after campaigns launch may incur additional costs.

Reasonable Use: "Reasonable" means up to 10 change requests per round. Feedback must be consolidated into a single submission per round.

Out-of-Scope Work: Requests introducing new creative directions, functionality, or major changes to approved concepts will be quoted as new work.

After Approval or Sign-Off: Once deliverables are approved, any further updates, reshoots, or edits will be billed at Bang Media's standard hourly rates.

Unused revision rounds do not roll over once the project or campaign is complete.

7. No Refund Policy

  • Once work has commenced, all sales are final.
  • Refunds are not available for change of mind or creative direction after approval, consistent with Australian Consumer Law.
  • If a project is approved and later changed, the remaining balance becomes payable in full.

8. Retainer Agreements (Bang+ and Content Packages)

  • Retainer agreements run for fixed terms (3, 6, or 12 months) as stated in the SOW.
  • Early termination by the client requires full payment of the remaining contract value.
  • Retainer hours operate under fair use: Up to 25% of unused hours may roll over for one month only.
  • Remaining hours are forfeited thereafter.
  • Excessive last-minute hour usage may delay delivery or incur additional costs.

9. Website Design, Development & Support

  • Once a website is approved and signed off, any further updates or additions are treated as new work.
  • All change requests must be submitted via support.bangmedia.com.au.
  • Out-of-scope work is billed at:

    • $195 + GST per hour during business hour
    • $250 + GST per hour after hours
  • Websites are tested on the latest versions of major browsers (Chrome, Safari, Firefox).
  • Support for outdated browsers may incur additional charges.
  • Clients are responsible for backups and maintenance unless under a retainer or support plan.
  • Bang Media is not liable for issues arising from third-party platforms, plugins, or integrations (e.g. Shopify, WordPress, payment gateways).

10. Digital Marketing Terms

  • Only Bang Media staff may make adjustments to campaign budgets, targeting, or ad settings in managed accounts. Unauthorised changes by the client or third parties may disrupt performance and will void campaign accountability.
  • All management fees and ad spend must be paid prior to the campaign month. Pausing or cancelling a campaign early does not void the obligation to pay the remaining term fees.
  • Monthly reports are provided within 7–10 days after month end. Extra reporting requests outside the agreed scope may incur additional fees.
  • Digital marketing results depend on many external factors (platform changes, competition, audience behavior). Bang Media cannot guarantee lead volumes, conversions, or ROI.
  • Tracking & Analytics: We will implement tracking tools such as Google Analytics or Meta Pixel where applicable. We are not responsible for discrepancies caused by ad blockers, browser settings, or third-party updates.
  • Advertising Platform Compliance: Bang Media is not liable for ad rejections or account suspensions caused by client-supplied materials or platform policy enforcement. Clients indemnify Bang Media from any related losses or damages.

11. Creative Ownership & Intellectual Property

  • Final approved deliverables transfer to the client upon full payment.
  • All raw files, working files, project data, and proprietary processes remain the exclusive property of Bang Media unless otherwise agreed in writing.
  • Bang Media retains the right to showcase completed work in its portfolio, case studies, and marketing materials.
  • Clients are responsible for ensuring proper licensing of third-party assets (fonts, stock imagery, music, etc.) unless specified otherwise.
  • Bang Media assumes no liability for use of unlicensed assets supplied by the Client.
  • The Client acknowledges that creative work is inherently subjective and that Bang Media's services reflect its professional expertise, artistic judgment, and established style.
  • By engaging Bang Media, the Client confirms they have reviewed our portfolio and are familiar with our creative approach, design sensibilities, and production standards.
  • While Bang Media will take reasonable efforts to align with the Client's preferences and brand guidelines, creative differences in taste, tone, or style do not constitute grounds for dissatisfaction, non-payment, or additional work outside the agreed Scope of Work.

12. Credit Attribution

Bang Media may include a discreet credit line or logo in digital or video outputs (e.g. "Website by Bang Media"). The Client may request removal in writing for an additional fee or by mutual agreement.‍

‍13. File Storage and Archiving

Bang Media retains project files for up to 1 month after completion unless otherwise agreed.

  • Retrieval or restoration of archived files may incur a retrieval fee.
  • Clients are responsible for keeping their own copies of all final deliverables.

14. Warranties Disclaimer

Bang Media makes no warranties, express or implied, regarding the performance, uptime, or future compatibility of any website, plugin, software, or platform after handover.

Maintenance, updates, or third-party changes may affect performance and are not covered unless under a support plan.

15. Video and Photography Services

Cancellations made within 24 hours of the scheduled shoot may incur up to 100% of the total fee. Bookings are confirmed as either half-day or full-day rates. Once a full-day booking is secured, it cannot be split, reduced, or partially credited if the shoot finishes early or is cancelled partway through. If unforeseen circumstances prevent the shoot from proceeding on the booked day, the full-day rate remains payable unless otherwise agreed in writing. Shoots affected by adverse weather will be rescheduled without penalty if no travel or setup has occurred. Once travel or setup has commenced, the booking fee applies in full. Clients are responsible for obtaining all necessary location permissions, access approvals, and appearance releases for any individuals filmed or photographed. Travel, accommodation, and incidental expenses for shoots outside Cairns will be billed at cost unless otherwise agreed in writing.

16. Confidentiality

Both parties agree to maintain confidentiality of all proprietary and sensitive information shared throughout the engagement. This obligation continues after termination of the contract.

17. Liability and Indemnity

Bang Media is not liable for indirect, incidental, or consequential losses. Total liability is capped at the amount paid by the client for the service in dispute.

The client indemnifies Bang Media against claims, losses, or damages arising from:

  • Client-supplied content or materials
  • Breaches of these Terms
  • Advertising or creative content that violates regulations or third-party rights

Bang Media is not responsible for data loss, outages, or changes by third-party platforms.

18. Non-Solicitation

The Client agrees not to directly employ, contract, or solicit Bang Media staff, contractors, or freelancers involved in their project for a period of 12 months following completion of the engagement without written consent.

19. Acceptance of Deliverables

Once final deliverables, files, or credentials are provided, the Client must notify Bang Media of any issues within 7 days. After this period, the work is deemed fully accepted and complete.

20. Suspension of Services

Bang Media reserves the right to suspend services immediately if the client breaches payment terms or material conditions of this Agreement. Services resume once the issue is resolved. Delays or costs caused by suspension are the client's responsibility.

21. Dispute Resolution

In the event of a dispute, both parties agree to first attempt good-faith resolution through discussion or mediation before taking legal action.

22. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, platform outages, or government restrictions.

23. Privacy Act Compliance

Both parties agree to comply with the Privacy Act 1988 (Cth) when handling personal information. Clients confirm that any data shared with Bang Media has been lawfully obtained. Bang Media will handle personal information in accordance with the Privacy Act.

24. Governing Law

This Agreement is governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of Queensland courts.

25. Entire Agreement

This document represents the entire agreement between Bang Media and the Client. Any prior proposals, quotes, or understandings not included here are superseded by this Agreement.

26. Amendments

Bang Media may update these Terms at any time. Continued engagement or payment constitutes acceptance of the most recent version.

27. Acceptance of Terms

By engaging Bang Media's services and paying any invoice, the client acknowledges they have read, understood, and agreed to these Terms. This letter will be effective for future years unless we advise you of any change.

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