This Agreement is made between you (the ‘Client’) and Stacey King of Polished Communications (ABN 81 542 122 470) (‘Polished Communications’) when you book and pay for a Half-Day Content Writing / Editing Session.
Please read through them carefully and get in touch if you have any questions.
1.1. “You” is the client, its employees and agents.
1.2. “We”, “Us” and “Our” is Polished Communications, its employees and agents.
1.3. “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures, financial and personal information.
1.4. “Services” means the consulting services described in the Schedule.
1.5. “Materials” means newsletters, reports, advertising, audio, promotional, literature, written documents, questionnaires, videos, specifications, designs, analyses, processes or other material that is either in existence or may be developed as part of the Services.
2.1. Polished Communications agrees to provide the Services in a professional manner and in accordance with generally accepted industry practice and standards.
2.2. Polished Communications will provide content writing and editing services for a total of three-and-a-half (3.5) hours on the day specified by your booking (the “Session”). Polished Communications’ services are strictly limited to this time period, and we do not guarantee any quantity of delivered or deliverable content.
2.3. You are responsible for scheduling this session at a mutually agreeable time via Polished Communications’ booking software.
2.4. Any specific terms and requirements relating to the Services required by you will be agreed in writing and notified to Polished Communications in advance.
3.1. Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
3.2. Polished Communications represents and warrants:
(a) in providing the Services, they will comply with all law and industry standards;
(b) they will not breach any third party rights;
(c) the work performed to provide the Services will be done to a high standard in accordance with best practice; and
(d) the scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing.
3.3. You will provide all relevant information required for Polished Communications to carry out the Services at least two (2) business days before the Session.
3.4. You acknowledge and agree that:
(a) there is no guarantee of increase in performance, business, revenue or any aspect of your business as a result of the Services; and
(b) Polished Communications is not in control of how and where the work produced from the Services may be interpreted, analysed or used. Once Polished Communications produces and delivers the work, they are no longer responsible in any manner for the use of and any liability that may result from how and where the work is used by you.
4.1. If at any time any aspect of the Services is not reasonably acceptable to you, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, you will immediately notify Polished Communications of any such reason, the specifics and will give a reasonable opportunity for Polished Communications to respond and address any concerns.
4.2. If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both you and Polished Communications. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
4.3. In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
5.1. The relationship under this Agreement is that of principal and independent contractor. This Agreement does not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this Agreement.
6. TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
6.1. This Agreement is for the period from the date the Session is booked and paid for until 6pm on the date the Session is carried out.
6.2. Materials and work may be provided to Polished Communications from time to time during and to enable the provision of the Services. Materials may be provided by Polished Communications to enable and assist the provision of the Services and will remain the intellectual property (‘IP’) of Polished Communications unless otherwise agreed in writing. All Materials and work are provided without warranties of any kind, both express and implied.
6.3. Any Materials and other intellectual property, both tangible and intangible, which are provided or may be developed as a result of or during the Services will become the property of the Client upon full payment for Services. Polished Communications will ensure and do all things necessary to ensure any transfer of ownership of the Materials.
6.4. The intellectual property provisions will endure and remain in force after the termination of any Services and this Agreement. The confidentiality provisions survive the termination of this Agreement and remain until the Confidential Information becomes part of the public domain.
7. INFORMATION PROVIDED TO PERFORM THE SERVICES
7.1. Polished Communications agrees that they will: keep confidential and secure; not use directly or indirectly; and not disclose directly or indirectly, this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:
(a) as required by law or any regulatory authority; or
(b) with the Client’s express written consent.
7.2. Polished Communications will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, Polished Communications will ensure they are under the same duty of confidentiality as Polished Communications is under this Agreement.
8. PAYMENT, PRIVACY AND DELIVERY
8.1. In consideration of the Services provided by Polished Communications to you under this Agreement, you will pay a single payment of $500 AUD, which is due and payable when booking the session. Payment to Polished Communications of this fee constitutes payment in full for the performance of the Services. The Services will begin after the payment is made.
8.3. By providing Polished Communications with your payment and credit card details, you authorise payment for the full Services.
8.4. Polished Communications is not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
(a) Acts of God
(b) Power failure
(c) Equipment failure
9. TERMINATION AND CANCELLATION
9.1. For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.
9.2. In the event that you need to reschedule or cancel your Session, you must do so at least 24 hours before it is scheduled to begin. Polished Communications will not be required to reschedule any session cancelled with less than 24 hours notice. Any cancellations made with less than 24 hours notice will result in forfeiture of the session and the payment made pursuant to Clause 8.1.
9.3. Refund requests will be assessed on a case-by-case basis and will be granted at the discretion of Polished Communications.
9.4. Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1. Polished Communications and their representatives are, with the exclusion of gross negligence, in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services. You shall indemnify and hold harmless Polished Communications from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss or damage (including loss of income, revenue or profits and including reasonable legal fees and expenses).
10.2. The liability of Polished Communications is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
10.3. You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree you are liable for and agree to indemnify and hold Polished Communications harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, use or misuse of the Services or in connection with any of the Services.
10.4. Polished Communications cannot be held responsible for how, where or the manner in which you present or implement any of the recommendations, reports or analysis included as part of the Services. You shall indemnify, defend and hold Polished Communications harmless against any and all claims that may be brought against Polished Communications as a direct or indirect result of providing the Services to you.
10.5. In any case, Polished Communications’ liability is limited at all times to the amount of the fee paid by you.
10.6. Both parties agree that the date the Client books and pays for the session is the date the Services began and that to the extent that any and all clauses in this Agreement may be lawfully deemed to apply retrospectively to the Services, both parties agree to apply them.
10.7. Polished Communications works to ensure our work is free from errors, but we don’t offer an error-free guarantee. You are responsible for final approval, including checking the factual accuracy of your content.
10.8. Due to the complex nature of search engine ranking, Polished Communications cannot guarantee any specific ranking as a result of publishing optimised content.
10.9. Polished Communications accepts no responsibility or liability for any actions taken by you that cause your website to be penalised or banned from any search engine.
10.10 If you wish to make a claim about incorrect performance or breach of these Terms and Conditions you must send it, in writing, to Polished Communications within seven (7) days of delivery.
11. GOVERNING LAW
11.1. This Agreement is governed by the laws from time to time in force in the State or Territory nominated in the Schedule. Both parties agree to unconditionally submit to the exclusive jurisdiction of these Courts for determining any dispute concerning this Agreement.
Description of Services to be Provided
Content writing and editing, which includes preparation and research, 3 hours of writing and/or editing time, a Loom video, and an optional 30-minute follow-up call.
Fee and Payment Schedule
$500 (no GST is charged)
Commencement Date of Services
The day you book and pay for the session
Term of Services
From the Commencement Date until 6pm on the date your Session is carried out.
Polished Communications IP Materials
Any pre-existing Materials (e.g. pre-existing templates)
This Agreement is effective from the day you book and pay for this service.
If you have any questions about this Agreement, please contact Stacey King at stacey[at]polishedcommunications.com.au