Corient Media Partners
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Service Term

By accepting Corient Media Partners Pty Ltd’s proposal or quote, the Client agrees to the stated Terms and Conditions, which apply to all proposals, quotes, invoices, and services provided by Corient Media Partners Pty Ltd (ABN 50 671 799 081).

01

Proposals and Quotes

  • Proposals and quotes are valid for seven (7) days from the date of issue from Corient Media Partners Pty Ltd unless otherwise specified in writing or email by Corient Media Partners Pty Ltd.
  • Proposals and quotes include digital marketing services specified such as research, email campaigns, websites, social media management, strategic
    branding, photography and videography, advertising, webinars, or customer surveys
  • Work and other elements outside of the agreed scope of services are not included.
  • Only two (2) rounds of reasonable and minor Client changes are included in the proposal and/or quote, unless otherwise specified in writing or email by Corient Media Partners Pty Ltd.
  • Any additional revisions or complete changes to the original brief and/or fact find meeting will be charged at $300 per hour (GST exclusive).
  • The Client has ten (10) business days to respond with revisions from submission of the first draft, after which time the balance of the invoice will be due and/or the services will continue with the first draft.
  • The proposal and quote include reasonable Client communications by email, phone, or other agreed method (such as Zoom). Any face-to-face meetings, including travel time, will be charged at $300 per hour (GST exclusive).
  • The proposal and quote may not include liaison or expenses associated with third parties such as graphic designers or web developers unless specified.
  • The proposal and quote is based upon information supplied by the Client within the agreed scope of services. The Client agrees that this information is complete and correct. Any missing or inaccurate information that changes or increases the scope of services or requires further time will be charged at $300 per hour (GST exclusive).
  • Any potential outcomes, potential results, ideas, or suggestions outlined in the proposal and/or quote are not guarantees of delivery and should not be taken as such.
  • Acceptance of the proposal and/or quote must be provided via an authorised Client signature, or in writing via email stating that the proposal and/or quote is approved. Verbal confirmation by face-to-face, telephone or Zoom etc. will NOT be accepted unless formally approved beforehand in wiring by Corient Media Partners Pty Ltd.
  • In the absence of a written acceptance, payment of the invoice for the agreed services assumes approval of the proposal and/or quote provided by Corient Media Partners Pty Ltd.

02

Payment

  • The payment terms for the Client’s specific agreed scope of services will be illustrated and stipulated in the invoice issued to the Client.
  • If the payment terms for the Client’s specific agreed scope of services have not been illustrated and stipulated, the following terms and conditions will be agreed by the Client.
  • A non-refundable deposit of 100% of the total amount quoted or proposed is required upon the approval of the proposal and/or quote.
  • For ongoing services, the Client will be invoiced upfront for work completed for that month.
  • If 100% of the invoice is not paid upfront within the agreed payment terms in the issued invoice (for whatever reason) the balance of any accepted proposal and/or quote and corresponding invoice issued to the Client is due within seven (7) calendar days upon Corient Media Partners Pty Ltd sending the first draft of the services.
  • If a Client project is urgent and requires an immediate turnaround of less than two (2) business days, a surcharge may apply.
  • Payment is required by direct deposit in Australian dollars (AUD).
  • The Client is responsible for paying any additional fees associated with the
    payment for services including foreign exchange (FX), GoCardless, Stripe,
    PayPal, Apple Pay, Google Pay, credit card or transaction costs.
  • Corient Media Partners Pty Ltd has a payment term of seven (7) calendar days from the date of invoice unless otherwise agreed to by both parties in writing.
  • The suspension of any work for a period greater than seven (7) calendar days, for any reason whatsoever, will require payment in full for the time spent and work completed to date of suspension.
  • The Client agrees to pay any expenses incurred by Corient Media Partners Pty Ltd for the collection of outstanding debts.
  • Corient Media Partners Pty Ltd reserves the right to charge interest on overdue accounts at a rate of 10% per annum, calculated monthly.
  • Any third party fees and charges may be itemised separately on the invoice and charged in addition to the proposal and/or quote.

03

Changes in scope of services

  • Any modifications to the original proposal and/or quote during the execution of services by Corient Media Partners Pty Ltd will render the original proposal and/or quote invalid and additional costs and fees may be applied to the Client.
  • Unless otherwise agreed, a new proposal and/or quote will need to be approved by the Client and a revised upfront and/or ongoing fee be paid before the new agreed services are provided.

04

Approval

  • The Client is asked to nominate one (1) authorised primary contact to centralise communications, revisions and contact throughout the services provided.
  • Approval of services provided must be clearly started in writing via email.
  • Once approval has been received, the services shall commence based upon that approval.
  • If any revisions and/or changes have not been received within ten (10) calendar days of the draft or work being sent by Corient Media Partners Pty Ltd approval is assumed and the services will be delivered.
  • Once the Client has provided full approval and content has been published in a public forum, the Client accepts full responsibility for everything included. The
    onus and responsibility lies with the Client to be thorough and check that all content and creative complies with any relevant legal requirements, authorisation, franchise and/or licencing agreements, branding, decency, and responsible standards.
  • The terms and conditions are implicitly agreed to on acceptance of the proposal and/or quote provided and the instruction to proceed.

05

Termination

  • For ongoing services, the agreed term is for a full twelve (12) months from the date of the first ongoing service fee. This initial date is usually after the first month where the one-off upfront fee is incurred.
  • The Client may terminate the agreed scope of services by giving Corient Media Partners Pty Ltd notice in writing by email to accountscorient.com.au. The Client agrees the outstanding payment for the remainder of the twelve (12) months will be issued to the Client and requiring payment within thirty (30) calendar days.
  • Corient Media Partners Pty Ltd is entitled to suspend or terminate the agreement and retain or withhold any information in relation to the work if an invoice remains due and unpaid.
  • Corient Media Partners Pty Ltd is entitled to invoice as appropriate compensation for the loss of potential income as a result of abrupt termination up until the initial agreement time has expired.
  • Corient Media Partners Pty Ltd reserves the right to cancel services for any reason before work has commenced by Corient Media Partners Pty Ltd. If the Client has already been invoiced and payment received before Corient Media Partners Pty Ltd has commenced services, in this specific instance Corient Media Partners Pty Ltd will refund any monies that has been paid by the Client excluding transaction costs as outlined above. This action will terminate the contact between the Client and Corient Media Partners Pty Ltd.

06

Copyright

  • The copyright of any work delivered to the Client remains the intellectual property of Corient Media Partners Pty Ltd until all outstanding invoices and monies owed to or due to Corient Media Partners Pty Ltd have been received. Upon receipt of full payment, Corient Media Partners Pty Ltd passes all intellectual property to the Client, including responsibility for the content and its use.
  • Corient Media Partners Pty Ltd reserves the right to use Client’s services for Corient Media Partners Pty Ltd’s own promotional use unless a signed nondisclosure agreement (NDA) precludes this right.
  • Corient Media Partners Pty Ltd may approach the Client for a testimonial, although the provision of the testimonial is not obligatory.

07

Claims and Liabilities

  • All materials provided by the Client are assumed legal and accurate.
  • Corient Media Partners Pty Ltd will NOT be held responsible for how the services produced material is used once the Client has approved the work and/or paid the invoice for the services. The Client assumes all responsibility for all approved work as it is the Client’s duty to ensure accuracy, appropriateness, onbrand, decency, culturally sensitive, legally, and contractually compliant.
  • The Client agrees to indemnify Corient Media Partners Pty Ltd and its Directors harmless against all claims, any costs, and expenses, including legal services costs due to materials included in any work undertaken by and at request of the Client.
  • Corient Media Partners Pty Ltd and its Directors will not be liable in any way for any direct, indirect, incidental, special, or consequential losses or damages resulting from use of services including but not limited to loss of data and other intangibles, costs or damages resulting from or related to any services purchased or obtained, resulting from unauthorised access to, or alternation of the Client transmissions or data.
  • Any imposed liability shall be limited to the resupply of information or services.
  • Any claim made by the Client as to incorrect performance or breach of these terms and conditions must be made to in writing to Corient Media Partners Pty Ltd via email to accounts@corient.com.au within seven (7) calendar days of delivery.

08

Consultancy Services

  • The Consultant agrees to provide marketing consultancy services to the Client in accordance with the Terms and Conditions of this agreement.
  • No liability for consulting suggestions and recommendations; the Consultant shall not be liable for any loss, damage, expense, or claim arising from any suggestions or recommendations made by the Consultant in connection with the consultancy services. The Client acknowledges and agrees that all suggestions and recommendations made by the Consultant are for informational purposes only and that the Client is solely responsible for the decisions, execution, outcomes, and results of such suggestions or recommendations.
  • Indemnification; the Client shall indemnify and hold the Consultant harmless from all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal services costs) arising from or in connection with any action taken or not taken by the Client in reliance on any suggestions of recommendations made by the Consultant.
  • Governing law and jurisdiction; these Terms and Conditions and agreement shall be governed by and construed in accordance with laws of New South Wales, Australia. Any dispute arising from or in connection with these Terms and Conditions and agreement shall be resolved exclusively in the courts of New South Wales.
  • By agreeing to these Terms and Conditions and agreement the Client acknowledges that they are solely responsible for any decision, execution, outcomes, and results of any suggestions or recommendations made by the Consultant, and that the Consultant will not be held liable for any loss, damage, expense, or claim arising from such suggestions or recommendations.

09

Passwords, Credentials and System Access

  • By providing any password or access credentials to the Client’s business information, the Client acknowledges and agrees to the following;
  • The Client is voluntarily providing their passwords, credentials, and access to the Client’s business information and this is not being forced or coerced by Corient Media Partners Pty Ltd in any way.
  • The Client is solely responsible for ensuring the security and confidentiality of all their passwords and access credentials.
  • The Client’s business will take all reasonable measures to keep their provided passwords and access credentials confidential and secure.
  • Corient Media Partners Pty Ltd and its third party Consultants will take all reasonable measures to keep the provided passwords and access credentials confidential and secure. Corient Media Partners Pty Ltd and its third party Consultants will only use the provided passwords and access credentials for the intended purposes and will not disclose or share the information with any other parties.
  • The Client indemnifies and holds Corient Media Partners Pty Ltd and its third party Consultants harmless from any claims, damages, losses, or expenses arising from any breach of the Client’s systems or accounts, whether or not the breach is related to the Client’s voluntary provision of passwords or access credentials to Corient Media Partners Pty Ltd and its third party Consultants.
  • Corient Media Partners Pty Ltd and its third party Consultants will not be liable for any damages, losses, or expenses arising from any breach of the Client’s systems or accounts whether or not the breach is related to the Client’s voluntary provision of passwords or access credentials to Corient Media Partners Pty Ltd and its third party Consultants.
  • By providing passwords or access credentials to Corient Media Partners Pty Ltd and its third party Consultants the Client acknowledges that they have read, understood, and accepted the Terms and Conditions.

10

Supply of Assets

  • The Client agrees to supply all the assets required for the services as outlined in the Proposal and/or Quote.
  • The Client is solely responsible for the accuracy, quality and legality of the assets supplied. The Client must ensure that they have the necessary rights and permissions to use the assets and that they do not infringe upon any third party rights, including copyrights, trademarks, or privacy rights.
  • The Client shall provide the assets to Corient Media Partners Pty Ltd and its third party Consultants in the format and specifications specified by Corient Media Partners Pty Ltd and its third party Consultants. Failure to meet these specifications may result in delays and additional costs.

11

Entire Agreement

  • These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties, A waiver of a breach of any of the provisions of these Terms and Conditions agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
  • They shall be governed by Australian law and the parties hereby agree to submit themselves to the exclusive jurisdiction of the New South Wales courts.
  • Any further changes to this agreement must be agreed to in writing by both the Client and Corient Media Partners Pty Ltd.

Definitions

  • Agreement means Proposal and/or Quote and the Terms and Conditions.
  • Assets means the inclusion but are not limited to images, videos, audio, text, logo, icons, templates, models, stock media, illustrations, and artworks.
  • Client means the person, company, trust or partnership that has formally entered into the agreement.
  • Consultant means any employee, representative of Corient Media Partners Pty Ltd and its third party Consultants.
  • Copywriting means text, copywriting and all other consent services provided by Corient Media Partners Pty Ltd.
  • Fees means the fees for services as stated in or calculated in accordance with this agreement.
  • Information means any information, documents, material facts, instructions, passwords, credentials or confidential information provided to Corient Media Partners Pty Ltd and its third party Consultants by you, or your Representative, or anyone else at your request.
  • Intellectual Property means all industrial and intellectual property rights throughout the world and includes rights in respect of copyright, patents, trademarks, designs, trade secrets, know-how, our confidential information and circuit layouts.
  • Loss means any losses, liabilities, claims, damages, costs, or expenses (including interest where applicable and consequential loss), judgements, or orders however caused or arising as a result of the services or this agreement.
  • Proposal means the Proposal and/or Quote to which the Terms and Conditions are attached.
  • Quote means the Proposal and/or Quote to which the Terms and Conditions are attached.
  • Services means the services described in the Proposal and/or Quote
  • Terms and Conditions means these terms and conditions.

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