1The engagement

1.1The work LOVR carries out for By Culprit is described in the proposal, quote or scope agreed for that work. Anything outside it is quoted separately before it starts.

1.2Ongoing monthly work, such as social management and content, runs month to month on the scope agreed, until either party ends it under clause 8.

1.3Approval can be given by email. An approval from By Culprit's nominated contact is binding on By Culprit.

2Fees and payment

2.1A deposit of 50 per cent is payable before work commences. No work starts until the deposit is received.

2.2The balance is payable on delivery. Ongoing monthly work is invoiced monthly.

2.3Invoices are due within 14 days of the invoice date.

2.4If an invoice is overdue, work on all By Culprit projects pauses until it is paid, and delivery dates move by the length of the pause.

2.5Deposits are not refundable once work has commenced.

2.6Final files are released when the final invoice for that work is paid.

2.7All amounts are in Australian dollars and exclude GST unless stated.

3Revisions and changes

3.1Each piece of work includes two rounds of revisions. A round is one consolidated set of feedback from By Culprit, applied in one pass.

3.2Revisions beyond the two rounds, changes to work that has already been approved, and changes to the agreed scope are charged at $280 an hour plus GST. Where practical LOVR will estimate the time before starting.

4Timelines and approvals

4.1Delivery dates depend on By Culprit supplying materials, information and approvals when they are needed. Where these arrive late, dates move accordingly.

4.2Scheduled content, shoots and posts run to the calendar agreed. Changes inside 48 hours of a scheduled date are made where possible and may attract the rate in clause 3.2.

5Ownership and use of the work

5.1On final payment, By Culprit owns the final deliverables produced for it under these terms.

5.2By Culprit keeps all rights to content it captured or paid for, including photography and film from shoots commissioned by By Culprit.

5.3LOVR keeps the right to show the work it produced for By Culprit to promote LOVR's own services, including on LOVR's website, social channels, proposals and awards entries.

5.4LOVR will not use By Culprit's content in another client's project without By Culprit's written approval.

5.5Where a model, talent or third party appears in any content, use by either party is limited to what the relevant release allows.

5.6LOVR keeps its working files, templates, methods and tools. Final files are supplied in the formats agreed in the scope.

6Materials supplied by By Culprit

6.1By Culprit confirms it has the right to use any material it supplies to LOVR, including logos, photography, copy, plans and renders, and that using them as briefed will not breach anyone else's rights.

6.2LOVR is not responsible for claims arising from material supplied by By Culprit.

7Third party costs

7.1Advertising spend, printing, stock imagery, licensed fonts and music, talent fees and platform subscriptions are By Culprit's costs. LOVR seeks approval before incurring them.

7.2Advertising spend is billed to By Culprit directly by the platform.

8Ending the engagement

8.1Either party may end ongoing monthly work with 30 days' notice in writing.

8.2Work completed up to the end date is invoiced and payable under clause 2. Deposits are not refunded once work has commenced.

8.3Clause 5 continues to apply after the engagement ends.

9Confidentiality

9.1Each party keeps the other's non-public business information confidential and uses it only for the work. This does not prevent LOVR showing the finished work under clause 5.3.

10Liability

10.1Nothing in these terms excludes, restricts or modifies any right, guarantee or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

10.2Subject to that, LOVR's liability for any claim arising from the work is limited to resupplying the relevant work or paying the cost of having it resupplied, and LOVR is not liable for indirect or consequential loss, loss of profit or loss of opportunity.

11Governing law

11.1These terms are governed by the laws of Queensland, Australia.