GENERAL TERMS OF BUSINESS

This document sets out the General Terms & Conditions (the “Terms”) between Threesome Pty Ltd (ABN 37 632 028 794) and the client (the “Client”) for the services (the “Work” or “Services”) as outlined in the Invoice Details

BILLING ARRANGEMENTS

Unless otherwise agreed between Threesome and the Client, an upfront payment of 50% of the quoted amount is required before any Work will commence. This payment shall be deemed as acceptance by the Client to pay for our Services as set out by the job proposal (the “Proposal”) as well as acceptance of these Terms and any supplementary terms and conditions set out on the Proposal. The remaining 50% payment of the quotation is required prior to delivery of final unwatermarked assets to the Client.

THE USUAL STUFF

Our Promise To You

Threesome agrees to communicate and cooperate with the Client and will provide all Services in a professional manner. Threesome confirms that they do not have any other obligations that would prevent them from completing the Work agreed to. If there are any issues, Threesome will let the Client know if there are any circumstances that will prevent us from completing the Work.


Your Promise To Us

The Client confirms that 1) there are no other agreements that would prevent them from entering this Agreement with Threesome; 2) they have brought to Threesome’s attention any and all matters that could impact this Agreement; and 3) they have obtained any and all requisite permissions, licenses and/or approvals to post, publish or otherwise distribute any information, materials or content provided to Threesome for the purposes of this Agreement.

Who Owns The Copyright 

Authorised Use of Content

Copyright of all content created by Threesome remains the intellectual property of Threesome. On full payment of the Invoice, Threesome agrees to transfer the copyright of the approved work only to the Client and their related entities for their use as they see fit. The Client agrees that if they wish to use any other content created by Threesome for any other circumstances, they will to the extent possible, seek the prior approval from Threesome and where possible, acknowledge that it is the work of Threesome.

Creative Licence

All content is edited at Threesome’s discretion, and delivered content may not include all content created for the Client. Threesome reserves the creative right to edit and release only those content deemed credible as professional in quality and within Threesome’s artistic standards. the Client also agrees that the content created by Threesome in the course of delivering our Services may be used for promotional purposes for Threesome and its associated entities including but not limited to its directors’ or subcontractors’ other business interests.

Content Approval

Threesome will work with the Client in conjunction with their set timeline. Threesome will provide the Client with watermarked copies of the content for their approval. Once approved, Threesome will provide non watermarked, final copies of the images in digital format only.


Confidential Stuff

Threesome agrees to keep all business and personal information relating to the Client confidential unless required by law to disclose this information. Threesome agrees that all confidential information about the Client will be used solely to benefit the Client, not for personal use or for the benefit of any other third party.


What If Everything Goes Wrong

Limitation of Liability

The liability of Threesome will be limited to the total amount of fees received by Threesome under this agreement. In no event shall Threesome be liable for any indirect, incidental, special, consequential or other damages.

Indemnity

the Client agrees to indemnify Threesome and all its associated directors, employees, subcontractors, agents and their respective successors (the “Indemnitees”) against any claim, liability, cost, damage, deficiency, loss, expense or obligation or any kind, including legal fees and other costs of litigation incurred by the Indemnities in connection with all legal action arising out of this Agreement.

Termination

This agreement may be terminated with or without cause by Threesome or the Client by providing written notice. In this case, the Client agrees to pay for the work done by Threesome in the course of delivering the Services up to the termination date. Unless otherwise agreed between Threesome and the Client, any fees paid to Threesome up to the termination date are non-refundable. Any additional termination fees are set at the discretion of Threesome.