Terms of Business
Stuff the lawyers told us to say
Hunt & Hawk Pty Ltd
ABN: 26 628 722 789
Terms of Business
1.1 All business information disclosed between both the client and Hunt & Hawk and all client business information documented in writing, drawing, audio, the photographic or digital form will be subject to strict commercial in-confidence conditions and not shared outside the in-house team without explicit written permission by both parties.
- INTELLECTUAL PROPERTY
2.1 All published works and recordings developed in the project remain the intellectual property of the end client unless agreed in writing.
2.2 Any processes and tools developed by either Hunt & Hawk, the team or the client will remain the intellectual property of the creator unless agreed in writing and are not to be adapted or used outside any project.
- PUBLICATION & PROMOTION
3.1 The client agrees at the successful completion of project milestones that we may seek a client testimony, video, case study or reference and keep on file all public-facing client material (eg brand, web and social copy etc) to share with prospective clients, submit in award application or use in case studies at our discretion. We will communicate and seek consent if so.
- PAYMENT TERMS
4.1 We offer all clients an option to either pay upfront, 50/50 or split over an agreed amount of months. Some monthly agreements provide substantial savings and require advanced payments. Until the completion of payment has been finalised, ownership of the work is not legally transferred and usage is prohibited.
4.1 For any Brand Breakthrough, Website, Marketing, HubSpot, Sales or Content standalone projects a minimum of 50% payment is required before commencement. 50% is due before completion unless otherwise agreed. Until completion payment, ownership of the work is not legally transferred and usage is prohibited.
4.2 For any 12 month vCSMO Brand, Content, Marketing, Website, HubSpot or Sales bundles, payment of 1 x monthly advance deposit (2 total installments) is required before commencement. Any additional months can be used at the client’s discretion; either rolled over, forfeited or used as a final month/s of delivery post-cancellation.
5.1 Any standalone or ongoing project delivery will follow our suggested timeframe; however, delivery times can be impacted by client availability, input and review time.
5.2 The ongoing Marketing or Content package contract term is for a commitment period of 12 months of monthly content & activity, with fees calculated based on that term. Commitment periods are for 12 months from the acceptance of the agreement.
5.3 The terms will continue to automatically renew every month (from the respective start date) without notice until canceled per the early termination procedures.
- EARLY TERMINATION OR TEMPORARY PAUSE
6.1 We or the client may terminate the agreement and project before completion for any reason with a minimum of 30 days written notice, and one months engagement.
6.2 If we terminate the agreement before completion, the remaining 50% fee will be waived and any unused portion of the 50% deposit returned (at our discretion).
6.3 If the client terminates the agreement before completion, the client forfeits any and all payments made, including the additional month instalment for 12 month contracts, plus must cover costs incurred for any materials, subscriptions, software or tools purchased, and the right to use any work supplied.
6.4 The agreement can be temporarily paused for a maximum of 60 days with 30 days written notice. During the pause, the client must cover a 50% pause fee per month, 50% of this fee will then be rolled into the total contract value owed whether the agreed contract recommences or completes. New pricing may apply.
- SCOPE CHANGE
7.1 Anything not mentioned within this scope is excluded, unless stated or agreed otherwise.
7.2 Any change to deliverables, requirements or scope will be separately negotiated and documented in a variation to the service agreement. Hunt & Hawk is not liable for or obliged to accommodate any changes in scope desired by the client.
- REVIEW, REVISIONS & WORD LIMITS
8.1 One round of review and revision is included in all work.
8.2 Further revisions requested by the client will be resourced at an agreed fee outside the scope of this service agreement. Additional projects are scoped separately.
8.3 The word limits for articles and web page copy are a ceiling, used for scoping. Because great websites say less with more, we will sometimes deliver less than the specified words without penalty. The word limit is a way to establish general project scope and upper limit.
8.4 Errors. We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Having said that, one of our values is to not f*#k up, we genuinely care and plan to follow this.
- TIMING CHANGE
9.1 Services required under the standard periods charged at an additional 25% or 50% rush rate depending on time. Any change to timing will be separately negotiated and documented in a variation to the service agreement. Hunt & Hawk is not liable for or obliged to accommodate any changes in timing desired by the client.
- WAY OF WORKING
10.1 The project’s meetings will be conducted online using Zoom video links or in-person if the timing, ability and geography work out. We aim to maximise the use of everyone’s time, of course, if necessary to go over time, within reason both Hunt & Hawk and the client must cater for it.
10.2 Minimum monthly commitment – we’re on this journey with you, and we’re here to be a team you will rely on.
10.3 The Hunt & Hawk team work between 9 am and 5 pm AEST Mon to Fri (excludes all public holidays) unless otherwise agreed or required.
10.4 Content will be planned and created in advance (min. 1 month, max. 3 months).
10.5 Inclusions can not be substituted for other services.
10.6 All correspondence will be responded to within 24 hours of delivery.
10.7 These terms are subject to chang365e and will be shared if updated.