Terms and Conditions
These Terms and Conditions apply to all services provided by Curated Visuals Pty Ltd trading as Studio Who (“Studio Who”, “we”, “our”, “us”).
By engaging Studio Who, accepting a quotation, or paying a deposit or invoice, you (“the Client”) agree to these Terms.
1. Services
Studio Who provides services including, but not limited to:
- Brand strategy and brand development
- Website design and development
- Content creation and production
- Social media strategy and management
- Photography, videography and related creative services
Only the services expressly set out in an accepted written quotation or project schedule are included.
2. Quotations & Acceptance
- Quotations are valid for 21 days unless withdrawn earlier.
- A project is confirmed once a quotation is accepted in writing and any required deposit is paid.
- Studio Who may revise fees if scope, requirements, timelines, or information change after acceptance.
3. Deposits & Payment
- A 50% deposit is required to confirm a booking or project commencement.
- The remaining 50% balance is due within 30 calendar days of invoice date or prior to final delivery, whichever occurs first.
- No work will commence until the deposit has been received and cleared.
- All fees are inclusive of GST unless otherwise stated.
Payments must be made via direct bank transfer unless otherwise agreed.
Credit card payments may incur a processing fee.
4. Late Payments
If payment is overdue, Studio Who may, at its discretion:
- Charge a late payment fee
- Suspend or terminate any licence granted to use unpaid deliverables
- Withhold delivery of work
- Refer unpaid invoices to a debt recovery agency
Nothing in this clause limits any rights available under Australian law.
5. Scope of Work & Revisions
Each deliverable includes up to three (3) rounds of revisions unless otherwise agreed in writing.
Additional revisions or requests outside the agreed scope may be charged at our standard hourly rate.
The Client is responsible for:
- Providing timely feedback
- Supplying accurate content and information
- Granting required access to platforms or accounts
Delays in approvals or materials may impact project timelines.
6. Intellectual Property
Unless otherwise agreed in writing:
- All intellectual property remains the property of Studio Who until full payment has been received.
- Upon full payment, the Client is granted a perpetual, non-transferable licence to use the final approved deliverables for their business purposes.
- This licence applies only to final approved deliverables.
- Raw files, working files, source files, or unused materials are not included unless agreed in writing.
Studio Who retains the right to display completed work in portfolios, case studies, websites, presentations and promotional materials.
If the Client requires confidentiality or non-display of work, this must be agreed in writing before project completion.
7. Third-Party Platforms & Materials
Studio Who may rely on third-party platforms, hosting providers, software, social media platforms or external suppliers.
Studio Who is not responsible for:
- Platform outages
- Hosting failures
- Algorithm changes
- Policy changes by third-party providers
- Performance issues caused by third-party systems
The Client is responsible for maintaining valid subscriptions, licences, and access credentials where required.
8. No Guarantee of Results
While Studio Who applies professional care and skill, we do not guarantee:
- Search engine rankings
- Website traffic levels
- Lead volume
- Conversion rates
- Revenue or commercial outcomes
Any projections or estimates provided are indicative only and not guarantees.
9. Confidentiality & Data
Both parties agree to treat confidential information shared during the project as private and not disclose it without consent unless required by law.
Studio Who may collect and use limited data necessary to provide services, in accordance with Australian privacy laws.
10. Limitation of Liability
To the maximum extent permitted by law:
- Studio Who’s total liability is limited to the amount paid by the Client for the specific project or services giving rise to the claim.
- Studio Who is not liable for indirect, incidental, consequential or financial loss, including loss of profits or business opportunities.
Nothing in this Agreement excludes, restricts or modifies any rights or remedies under the Australian Consumer Law which cannot be excluded.
Where liability cannot be excluded, it is limited (at our option) to:
- The resupply of services; or
- The cost of resupplying the services.
11. Subcontractors
Studio Who may engage subcontractors, freelancers or suppliers to assist in delivering services. All work remains subject to our quality standards and oversight.
12. Cancellation & Termination
Project-Based Work
If a Client cancels a confirmed project:
- The deposit is non-refundable.
- Studio Who may invoice for work completed and expenses incurred up to the cancellation date.
- Any third-party costs already committed are payable by the Client.
Ongoing Services & Retainers
- Services operate on a month-to-month basis unless otherwise agreed.
- Either party may terminate by providing 30 days’ written notice.
- Retainer fees are non-refundable once work for the month has commenced.
13. File Retention
Studio Who retains client files for up to one (1) year after project completion. After this period, files may be permanently deleted.
Studio Who is not liable for loss of files after this retention period.
14. Dispute Resolution
If a dispute arises, both parties agree to attempt resolution in good faith through discussion.
If the matter is not resolved within 14 days, either party may refer the dispute to mediation before commencing legal proceedings.
15. Governing Law
This Agreement is governed by the laws of the Australian Capital Territory and the Commonwealth of Australia.
Both parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.