Business Terms
Effective Date: 27th May 2026
These Business Terms & Conditions ("Agreement") govern the provision of marketing, digital marketing, SEO, website development, advertising, consulting, creative, and related services provided by Global Creatives ("Agency") to the Client.
Agency Details
Business Name: Global Creatives
Business Type: Marketing Agency
Director & Owner: Pramila Fernando
ABN: 27 725 978 538
Email: info@globalcreatives.com.au
Website: www.globalcreatives.com.au
By engaging Global Creatives for any Services, the Client agrees to be bound by these Terms & Conditions.
1. Definitions & Interpretation
For the purposes of this Agreement:
ACL
Means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agency
Means Global Creatives, a Marketing Agency owned and directed by Pramila Fernando.
Applicable Laws
Means all laws, regulations, government requirements, codes, standards, and legal obligations applicable to the Services.
Approved Channel
Means any advertising, marketing, communication, or promotional channel approved under the Engagement Letter or Service Agreement.
Client
Means the person, business, company, partnership, trust, or entity engaging the Agency.
Client Data
Means all documents, information, content, images, files, records, credentials, account access information, databases, and materials supplied by or on behalf of the Client.
Commission
Means any commission payable by the Client under an agreed commission structure.
Commission Rate
Means the commission percentage, amount, or formula specified within the Engagement Letter.
Confidential Information
Means any information of a confidential nature disclosed by either party including business processes, trade secrets, pricing structures, strategies, customer data, marketing plans, commercial information, and operational information.
Contract Materials
Means all content, designs, strategies, marketing assets, websites, advertising materials, creative works, reports, documentation, and deliverables developed during the provision of Services.
Force Majeure Event
Means an event beyond the reasonable control of a party including natural disasters, pandemics, cyber incidents, government restrictions, utility outages, war, industrial disputes, or telecommunications failures.
GST
Has the meaning provided under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights
Includes all copyright, trademarks, patents, designs, trade secrets, know-how, domain names, business names, software rights, databases, and other intellectual property rights whether registered or unregistered.
Lead
Means a prospective customer acquired through an Approved Channel.
Loss
Means any loss, liability, claim, expense, damage, cost, penalty, interest, legal fee, or consequential loss.
Personnel
Means directors, officers, employees, contractors, consultants, suppliers, agents, and representatives.
Pre-existing Intellectual Property
Means intellectual property owned by a party before commencement of the Services or developed independently of the Services.
Related Entity
Has the meaning given under section 9 of the Corporations Act 2001 (Cth).
Sale
Means any sale of products, services, subscriptions, memberships, property, or other commercial transaction by the Client arising from a Lead.
Services
Means the services outlined in any proposal, quotation, Engagement Letter, Statement of Work, Service Agreement, or approved scope document.
Start Date
Means the commencement date specified in the Engagement Letter or Service Agreement.
Interpretation
-
Headings are for convenience only.
-
References to writing include electronic communications and email.
-
References to a person include corporations, trusts, partnerships, and legal entities.
-
Singular includes plural and vice versa.
-
References to legislation include amendments and replacements.
Term
Means the duration of the Agreement until terminated in accordance with these Terms.
2. Term
This Agreement commences on the Start Date and continues for the period stated in the Engagement Letter or Service Agreement unless terminated under these Terms.
3. Engagement of Global Creatives
The Client engages Global Creatives on a non-exclusive basis to perform the Services.
Global Creatives may provide similar services to other businesses during the Term.
4. Services
4.1 Scope of Services
The Services will be performed according to the approved proposal, quotation, Statement of Work, Engagement Letter, or Service Agreement.
Any variation to scope must be approved in writing.
4.2 Service Delivery
Global Creatives will perform Services with reasonable care and skill and may determine the methods, tools, technologies, personnel, and systems used to deliver the Services.
4.3 Digital Marketing Services
Where Services include:
-
Google Ads
-
Meta (Facebook and Instagram Ads)
-
LinkedIn Advertising
-
TikTok Advertising
-
Programmatic Advertising
-
Display Advertising
-
Retargeting Campaigns
-
Paid Media Campaigns
The Client acknowledges and agrees that:
-
Global Creatives may establish and manage campaigns on behalf of the Client.
-
The Agency may access and manage advertising accounts.
-
Advertising budgets remain the responsibility of the Client.
-
Changes requested after campaign setup may incur additional fees.
-
The Client remains responsible for compliance with privacy, direct marketing, and consumer protection laws.
-
Advertising platforms may spend above or below estimated budgets.
-
Global Creatives is not liable for platform billing errors or platform-related issues.
4.4 SEO Services
The Client acknowledges that:
-
Search engine algorithms constantly change.
-
Rankings are influenced by competitors and external factors.
-
Search engine optimization outcomes cannot be guaranteed.
Global Creatives does not guarantee:
-
Specific rankings
-
Page-one rankings
-
Increased traffic
-
Increased leads
-
Increased sales
-
Specific commercial outcomes
4.5 Website Development Services
Where Services include website development:
-
Websites will be designed for compatibility with modern browsers.
-
Any coding defects reported within 30 days of launch will be rectified at no charge.
-
Additional features, modifications, or enhancements requested after launch may incur additional fees.
-
Clients are responsible for maintaining backups unless otherwise agreed.
-
Third-party software updates may affect functionality outside the Agency's control.
5. Fees & Payment
5.1 Service Fees
The Client must pay all fees specified in:
-
Proposals
-
Quotations
-
Service Agreements
-
Statements of Work
-
Engagement Letters
5.2 Invoicing
Unless otherwise agreed:
-
Invoices are issued monthly.
-
Payment is due within 7 days of invoice date.
5.3 Additional Expenses
The Client is responsible for:
-
Advertising spend
-
Software subscriptions
-
Third-party licences
-
Domain registrations
-
Hosting fees
-
Stock imagery
-
Printing costs
-
Platform fees
-
Other approved expenses
5.4 Late Payments
Where payments remain unpaid:
Global Creatives may:
-
Suspend Services
-
Restrict access to deliverables
-
Charge interest at 10% per annum calculated daily
-
Recover debt collection costs
-
Terminate the Agreement
5.5 Non-Refundable Fees
To the extent permitted by law:
-
All fees paid are non-refundable.
-
Work already completed remains payable.
6. Commission Arrangements
(Include only if a commission model applies)
The Client agrees to:
-
Pay commission as specified in the Engagement Letter.
-
Provide accurate reporting of Leads and Sales.
-
Permit auditing of records where reasonably required.
-
Maintain tracking systems specified by Global Creatives.
Commission remains payable after termination for Leads generated during the Term.
Refunds paid by the Client to customers do not automatically reduce commission obligations unless otherwise agreed in writing.
7. Agency Responsibilities
Global Creatives will:
-
Perform Services with reasonable care and skill.
-
Use qualified personnel.
-
Use reasonable efforts to meet agreed milestones.
-
Comply with applicable laws.
Maintain professional standards.
8. Client Responsibilities
The Client must:
-
Provide all requested information promptly.
-
Provide account access credentials when required.
-
Supply approvals within reasonable timeframes.
-
Maintain lawful ownership or permission for supplied materials.
-
Comply with all applicable laws and industry regulations.
-
Review and approve deliverables in a timely manner.
Project delays caused by the Client may extend delivery schedules and result in additional fees.
9. Variations
Changes to scope, deliverables, timelines, or requirements may:
-
Require a revised quotation.
-
Result in additional fees.
-
Require revised deadlines.
No variation is effective unless approved in writing.
10. Independent Contractor Relationship
Nothing in this Agreement creates:
-
Employment
-
Partnership
-
Joint Venture
-
Agency Relationship
between the parties.
11. Subcontracting
Global Creatives may use subcontractors, freelancers, consultants, specialists, or third-party service providers to deliver Services.
12. Insurance
The Client acknowledges that it is not covered under any insurance policy held by Global Creatives unless expressly stated otherwise.
13. Confidentiality
Both parties agree to keep confidential information secure and not disclose it except:
-
Where required by law.
-
To professional advisers.
-
To employees or contractors requiring access.
-
With prior written consent.
Confidentiality obligations survive termination.
14. Intellectual Property
Pre-existing Intellectual Property
Each party retains ownership of intellectual property owned before commencement of the Services.
Deliverables
Upon full payment:
-
Ownership of custom deliverables transfers to the Client.
-
Global Creatives retains ownership of methodologies, systems, templates, know-how, frameworks, processes, and pre-existing intellectual property.
Third-Party Materials
Third-party software, stock imagery, plugins, fonts, licences, and other materials remain subject to their own licence terms.
15. Representations & Warranties
Each party warrants it has authority to enter into this Agreement.
Global Creatives does not guarantee:
-
Results
-
Revenue increases
-
Lead generation outcomes
-
Business growth
-
Search rankings
Advertising performance
16. Termination
Either party may terminate immediately if:
-
Payment remains overdue after notice.
-
A material breach remains unremedied.
-
Insolvency occurs.
Additional termination rights may be specified in the Engagement Letter.
17. Consequences of Termination
Upon termination:
-
Outstanding invoices become immediately payable.
-
Work completed up to termination may be invoiced.
-
Property and confidential information must be returned.
-
No refunds will be payable except where required by law.
18. Disclaimer
Services are provided on an "as available" and "as is" basis.
Global Creatives does not guarantee:
-
Advertising success
-
SEO rankings
-
Sales growth
-
Lead volume
-
Website traffic increases
Business profitability
19. Limitation of Liability
To the fullest extent permitted by law:
-
Liability is limited to fees paid during the month preceding the claim.
-
Global Creatives excludes liability for indirect, incidental, special, punitive, or consequential losses.
-
Liability is reduced where the Client contributed to the loss.
Nothing excludes rights under Australian Consumer Law.
20. Indemnity
The Client indemnifies Global Creatives against claims, losses, damages, costs, expenses, and liabilities arising from:
-
Breach of this Agreement.
-
Incorrect Client Data.
-
Regulatory breaches by the Client.
-
Intellectual property infringement relating to Client-supplied materials.
Negligence or misconduct of the Client or its Personnel.
21. Protection of Business Interests
The Client must not directly or indirectly recruit, solicit, engage, or attempt to engage Global Creatives employees, contractors, or personnel during the engagement and for up to 12 months following termination.
Where a breach occurs, Global Creatives may recover recruitment and replacement costs as specified in the Service Agreement.
22. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control.
Affected obligations are suspended for the duration of the Force Majeure Event.
23. GST
Unless otherwise stated:
-
All fees are exclusive of GST.
-
GST will be charged where applicable.
-
GST must be paid together with the relevant invoice.
24. Notices
Notices may be provided:
-
By email
-
Registered post
-
Personal delivery
Notices sent by email are deemed received on the next business day after dispatch.
25. General Provisions
Entire Agreement
These Terms, together with any proposal, quotation, Engagement Letter, or Service Agreement, form the entire agreement.
Assignment
Global Creatives may assign its rights under this Agreement.
Severability
If any provision is invalid, the remainder remains enforceable.
Survival
Any provision intended to survive termination will continue after termination.
Governing Law
This Agreement is governed by the laws of New South Wales, Australia.
Jurisdiction
The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Global Creatives
Marketing Agency
Pramila Fernando (Director & Owner)
ABN: 27 725 978 538
Email: info@globalcreatives.com.au
Website: www.globalcreatives.com.au
Let’s Talk Business.
YOUR NEXT BIG MOVE STARTS HERE
