CONTENT CREATION – TERMS & CONDITIONS

1. Definitions
   "Content" refers to all photographs, images, graphics, animations, and any other content created for social media by Splash & Co Creative Pty Ltd T/as The Social Content Factory ("TSCF") for the Customer.
   

2. Acceptance of Terms
   By making a deposit or full payment, the Customer agrees to be bound by these Terms and Conditions
   

3. Payment Terms
   3.1 For One-Off Content: A deposit is required upfront, and the balance is due upon delivery. Payment may be made via bank transfer, credit card, or PayPal. All fees are in Australian Dollars unless otherwise stated.
   3.2 For Subscriptions: Full payment is required upfront before any work begins. Payment may be made via bank transfer, credit card, or PayPal.

4. Late Fees
   4.1 A 15-day grace period applies from the due date.
   4.2 After this, a 3% late fee (based on the total invoice amount) will apply monthly until paid.

5. Revisions
   5.1 TSCF offers one round of photo editing revisions.
   5.2 Photoshoots themselves are not eligible for revisions.
   5.3 The Customer must provide sufficient direction (e.g., mood board, example photos) to align expectations.
   5.4 If this direction is provided but expectations are not met, TSCF may agree to a reshoot or forfeit the balance invoice.

6. Props
   Basic props are included in all photoshoots. Specific or custom prop requests will incur additional fees

7. Ready-Made Shoots
   Ready-Made Shoots follow a pre-set structure designed to produce versatile scenes that can be used across multiple brands. This means consistent lighting, props, and styling are applied throughout the shoot. While each brand will receive content featuring their own products, we are unable to accommodate individual shot lists or bespoke setups. However, we welcome any reference images or inspiration you provide and will do our best to incorporate those ideas where possible within the shared format.

8. Usage Rights
   8.1 All content includes a 5-year license for use on web materials.
   8.2 Copyright and ownership remain with the photographer unless full rights are purchased.
   8.3 Additional licensing fees apply for use in print publications, packaging, or public installations.
   8.4 TSCF may use any content it creates for promotional purposes without prior approval or compensation to the Customer.
   8.5 TSCF may subcontract services as it sees fit.
   8.6 The Customer is prohibited from using the Content with any artificial intelligence (AI) technologies, including but not limited to machine learning, generative AI, or automated editing tools, unless expressly agreed in writing by TSCF. Any unauthorised use of Content with AI technologies will constitute a breach of these Terms and Conditions.

9. Customer’s Materials
   9.1 Materials are stored at the Customer’s risk.
   9.2 TSCF is under no obligation to insure these materials.
   9.3 TSCF is not liable for loss or damage after delivery or return.

10. Disposal
    TSCF retains all content for up to twelve (12) months, after which it may be deleted or destroyed.
    TSCF reserves the right to dispose of raw files and finished works after delivery.

11. Product Holdings
    TSCF will store products for a maximum of 3 months unless otherwise agreed in writing. After this period, TSCF may dispose of them.

12. Customer Acknowledgements
    12.1 TSCF has a lien over Customer-provided materials until full payment is received.
    12.2 Ownership of final services is not transferred until all invoices are paid in full.
    12.3 Working files remain the property of TSCF.
    12.4 Final content reflects the Customer's views and not those of TSCF.
    12.5 Use of Meme Content: TSCF provides meme-based content strictly as a creative service. TSCF does not claim ownership or clear third-party intellectual property (IP) used in memes and disclaims all liability related to IP infringement. The Customer accepts all responsibility for use of such content.
    12.6 Use of Audio/Music Tracks: Audio or music in content is intended as a placeholder. TSCF does not license music nor claim rights. The Customer must ensure appropriate usage rights before publication.
    12.7 Limitation of Liability: TSCF will not be held liable for any loss of revenue, sales, or profit resulting from the Customer’s use of delivered content.
    12.8 Content Approval Timeframe: If the Customer does not respond within 7 business days of receiving draft content, approval will be considered granted.

13. Cancellation of Purchase
    13.1 Cancellation must be submitted in writing after the deposit is paid and before work commences.
    13.2 Ifcancellation occurs, the deposit is forfeited.
    13.3 Notices sent outside business hours are considered received at the start of the next business day.

14. Right of Refusal or Termination
    TSCF may terminate services at any time. Refunds will be issued pro rata for incomplete work. TSCF may also claim compensation for losses.

15. Force Majeure
    TSCF’s obligations are suspended during any event outside its reasonable control, including but not limited to natural disaster, epidemic, or third-party failure.

16. Legal Costs
    The Customer is liable for all legal fees incurred by TSCF in the recovery of unpaid invoices.

17. Contactable Hours
    TSCF is available for communication via email, Monday to Friday, 9am–5pm AEST.

18. Amendment
    TSCF reserves the right to amend these Terms and Conditions with 7 days’ written notice.