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TERMS & CONDITIONS

Effective Date: March 2nd 2026
These Terms & Conditions (“Terms”) govern the provision of services by Patey Productions (“we”, “us”, “our”) to you (“Client”, “you”).

By accepting a proposal, instructing us to commence work, or making payment, you agree to be bound by these Terms.

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1. Agreement Formation

1.1 These Terms, together with any proposal, invoice or scope of work (“Proposal”), form the entire agreement between you and Patey Productions (“Agreement”).

1.2 Acceptance occurs when you:

  • Sign a proposal;

  • Provide written approval to proceed;

  • Make payment; or

  • Instruct us to commence services.

1.3 If there is any inconsistency between these Terms and a Proposal, the Proposal will prevail to the extent of that inconsistency.

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2. Services

2.1 We provide services including but not limited to:

  • Social Media Strategy & Management

  • Content Production (Video & Photography)

  • Google Ads & Meta Ads Management

  • SEO Services

  • Website Design & Development

2.2 The scope, deliverables, timeframes and fees are set out in the relevant Proposal.

2.3 Any services not expressly included in the Proposal are excluded unless agreed in writing.

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3. Fees & Payment

3.1 All fees are in Australian Dollars (AUD) and exclusive of GST unless stated otherwise.

3.2 Unless otherwise agreed, invoices are payable within 14 days of issue.

3.3 Retainer-based services are payable in advance.

3.4 We may suspend services if invoices remain unpaid after their due date.

3.5 Interest may be charged on overdue amounts at 12% per annum.

3.6 Proposals are valid for 30 days unless otherwise stated.

3.7 A deposit may be required prior to commencement of Services. The amount of the deposit will be specified in the Proposal.

a) Deposits are non-refundable once work has commenced or where we have allocated resources, production time, or incurred costs in preparation for delivery of the Services.

b) For project-based services (including but not limited to website development, video production, photography, or campaign setup), work will not commence until the required deposit has been received.

c) Where a project is cancelled after commencement, the deposit will be retained and any additional work completed up to the date of cancellation will be invoiced.

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4. Scope Changes & Variations

4.1 If the scope of services increases or decreases, fees may be adjusted accordingly.

4.2 Any additional work outside the agreed scope must be approved in writing before the additional work's commencement.

4.3 Excessive revision requests beyond those included in the Proposal may incur additional charges.

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5. Client Obligations

5.1 You must provide all necessary information, approvals, assets, and access required for us to deliver the Services.

5.2 You are responsible for the accuracy and legality of all materials supplied to us.

5.3 You must comply with all applicable laws and platform policies.

5.4 Delays caused by failure to provide required information or approvals may impact timelines and do not relieve you of payment obligations.

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6. Digital Advertising Services

Where the Services include paid advertising (Google Ads, Meta Ads or similar):

6.1 You are responsible for all advertising spend payable directly to the platform unless otherwise agreed.

6.2 We do not guarantee specific outcomes including impressions, clicks, leads, conversions, revenue, or return on ad spend.

6.3 Campaign performance may be affected by factors outside our control including:

  • Platform algorithm changes

  • Policy changes

  • Market competition

  • Website performance

  • Industry conditions

  • Delays in asset approvals

6.4 We are not responsible for account suspensions, bans, or restrictions imposed by third-party platforms.

6.5 Any unauthorised changes made by you or third parties to advertising accounts managed by us voids any responsibility for performance outcomes.

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7. Social Media Management

Where we provide social media services:

7.1 You grant us authority to create, schedule and publish content on your behalf.

7.2 You remain responsible for the accuracy and legality of published claims.

7.3 We are not responsible for third-party comments, messages, or interactions on your platforms.

7.4 We reserve the right to refuse to publish content we reasonably believe breaches laws or platform policies.

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8. Website Design & Development

8.1 Deposits for website development are non-refundable once work has commenced.

8.2 Upon launch, ongoing maintenance, plugin updates, hosting, security, and third-party integrations are your responsibility unless covered under a separate agreement.

8.3 We are not liable for issues caused by third-party plugins, hosting providers, or external software.

8.4 Changes to scope during development may result in revised timelines and additional fees.

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9. Intellectual Property

9.1 All intellectual property created by us remains our property until full payment has been received.

9.2 Upon full payment, you are granted a non-exclusive licence to use the deliverables for their intended purpose.

9.3 Working/source files remain our property unless otherwise agreed.

9.4 We reserve the right to showcase completed work in our portfolio unless otherwise agreed in writing.

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10. Non-Exclusive Services

Unless agreed otherwise in writing, our services are provided on a non-exclusive basis. We may work with other businesses, including those in the same industry as you.

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11. Fee Adjustments

We may vary fees for ongoing services by providing at least 30 days’ written notice. Adjustments will take effect after the notice period expires.

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12. Termination

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12.1 Termination by You

You may terminate the Agreement by providing 30 days’ written notice.

If termination occurs:

  • All fees for work completed up to termination are immediately payable;

  • Any third-party costs incurred remain payable;

  • If termination occurs within the first 90 days of a retainer agreement, an early termination fee equivalent to 30 days of service fees (or the remaining minimum term, whichever is less) will apply.

Deposits for project-based services are non-refundable once work has commenced.

If a project is abandoned or paused for more than 14 days without reasonable cause, we may treat it as terminated and invoice for work completed.

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12.2 Termination by Us

We may suspend or terminate services immediately if:

  • You fail to remedy a material breach within 14 days of notice;

  • Fees remain unpaid;

  • You engage in unlawful or fraudulent activity;

  • Your actions jeopardise our business or service delivery.

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12.3 Effect of Termination

Upon termination:

  • All outstanding fees become immediately payable.

  • Any rights or limitations of liability survive termination.

  • Termination does not affect accrued rights or claims.

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13. Limitation of Liability

To the maximum extent permitted by law:

13.1 Our total liability is limited to the fees paid by you in the three (3) months preceding the claim.

13.2 We are not liable for indirect, incidental, special, or consequential losses including loss of profits, revenue, goodwill, business interruption or data loss.

13.3 We are not responsible for:

  • Third-party platform failures;

  • Data loss not directly caused by us;

  • Security breaches of third-party systems;

  • Client misuse of deliverables.

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14. Client Indemnity

You indemnify and hold Patey Productions harmless from any loss, liability, or expense arising from:

  • Your breach of this Agreement;

  • Content supplied by you;

  • Misuse of the Services;

  • Breach of platform policies;

  • Infringement of third-party intellectual property rights.

This indemnity survives termination.

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15. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot be excluded under the Australian Consumer Law.

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16. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

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17. General

17.1 If any provision is found invalid, the remainder continues in effect.

17.2 We may update these Terms from time to time by publishing the revised version on our website.​

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