Media Booking – Terms & Conditions

These Terms and Conditions (“Terms”) apply to any person, company, or agency named on a Booking Form (“Client”) entering into an arrangement with Jewell Projects regarding the creation, publication, or distribution of printed, video, audio, or digital advertising, content, direct email campaigns, or any other promotional or marketing services (“Services”) delivered through any of Jewell Projects’ platforms, websites, newsletters, social channels, or events (“Media Platforms”).

1. Agreement

  1. The Booking Form and these Terms together form a legally binding contract (“Contract”) between the Client and Jewell Projects.

  2. The Client enters into the Contract by returning a signed Booking Form or providing written confirmation, including by email.

  3. The Booking Form outlines the specific details of the Services and applicable fees.

2. Provision of Materials

  1. In supplying any material to Jewell Projects, the Client warrants that:
    • The Client owns or has full rights to use the material;
    • The material is accurate, lawful, and does not infringe upon the rights of any third party;
    • The Client is authorised to represent the person, entity, product, or service featured in the material; and
    • All necessary permits or approvals have been obtained where applicable.
  2. The Client must provide advertising artwork by the Material Due Date stated in the Booking Form. If materials are not provided on time, Jewell Projects may, at its discretion:
    • Use previous or placeholder artwork; or
    • Charge a date-change fee of AUD $150.
  3. All materials must meet Jewell Projects’ creative and technical specifications.
  4. Any production or design work carried out by Jewell Projects at the Client’s request will be billed at the standard hourly rate unless otherwise agreed in writing.
  5. Jewell Projects reserves the right to reject any material deemed unsuitable or non-compliant.
  6. Jewell Projects will not be liable for any loss of or damage to materials provided by the Client.
  7. The Client grants Jewell Projects a worldwide, royalty-free, non-exclusive, irrevocable licence to use supplied materials solely for the purpose of providing the Services.
  8. The Client may not resell or assign Services without Jewell Projects’ written consent.
  9. The Client indemnifies Jewell Projects on a full indemnity basis against any loss, claim, or expense arising from the Services or use of supplied materials.

3. Performance of Services

  1. Jewell Projects will use all reasonable skill and care in performing the Services.
  2. Placement, timing, and delivery format will follow the Booking Form. Where not specified, Jewell Projects will act in good faith to meet the Client’s preference but reserves the right to make necessary variations.

4. Cancellation

  1. To cancel a Service, the Client must provide at least forty-five (45) days’ written notice before the start date listed in the Booking Form.
  2. If the Client cancels:
    • Less than 45 days’ notice: 100% of the agreed fee is payable.
    • More than 45 days’ notice: 30% of the total agreed cost will be charged as a cancellation fee.
  3. If Services were provided at a volume-based rate, the Client must pay the difference between the discounted and standard rates.
  4. These fees represent a genuine pre-estimate of Jewell Projects’ loss and are not a penalty.

5. Payment

  1. The Client must pay Jewell Projects the fees specified in the Booking Form.
  2. Unless otherwise stated:
    • Digital Media bookings are invoiced quarterly in advance.
    • Marketing Production bookings (e.g., video, case studies, webinars) are invoiced 50% upfront and 50% upon completion.
    • Print or Display work is invoiced within seven (7) working days after publication or delivery.
  3. All invoices are payable within seven (7) days of issue unless alternative terms are agreed in writing.
  4. All prices are exclusive of GST and payable in Australian Dollars (AUD).
  5. Interest of 2.5% per month may apply to overdue amounts.
  6. The Client indemnifies Jewell Projects for all costs incurred in recovering unpaid amounts, including legal or collection fees.
  7. Definitions:
    • Digital Products – display advertising, sponsored content, EDM placements, and digital listings.
    • Print Products – advertisements, inserts, or sponsored content in printed materials.
    • Marketing Products – whitepapers, case studies, articles, videos, podcasts, webinars, and similar deliverables.

6. Credit Checks

  1. The Client authorises Jewell Projects to make credit enquiries and exchange information with credit providers or reporting agencies where reasonably required for account management.

7. Liability

  1. To the maximum extent permitted by law:
    • Jewell Projects excludes all implied warranties except those required by statute;
    • Jewell Projects shall not be liable for indirect, consequential, or economic losses, including loss of profit, revenue, or opportunity; and
    • The total aggregate liability of Jewell Projects shall not exceed the total amount paid by the Client in the six (6) months preceding the claim.
  2. Jewell Projects will not be responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, system outages, or industrial actions.
  3. Where a Service is defective, Jewell Projects will re-perform or correct the affected portion as its sole obligation.
  4. This clause survives termination of the Contract.

8. Confidentiality

  1. Both parties agree to keep all pricing, commercial, and project information confidential, except where disclosure is required by law or consent has been given in writing.

9. Agency Booking

  1. If the Client is an agency, a 10% commission applies only where full payment is made within forty-five (45) days from the end of the invoice month.
  2. Late payment voids any entitlement to this commission.

10. Privacy

  1. The Client acknowledges that the Services may involve the handling of personal information.
  2. The Client is responsible for ensuring compliance with the Privacy Act 1988 (Cth), Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth), and all related legislation.
  3. The Client indemnifies Jewell Projects for any breach of privacy or data obligations by the Client.

Jewell Projects’ full Privacy Policy is available at https://jewellprojects.com/legal/privacy

11. Reporting

  1. Any reporting requirements must be identified in the Booking Form.
  2. Standard reports (e.g., impressions, click-throughs, or EDM performance) are available upon request.
  3. Any custom reporting may incur additional charges at Jewell Projects’ standard hourly rate.

12. Content Produced by Jewell Projects

  1. If Jewell Projects produces paid content as part of a content marketing engagement, ownership transfers to the Client upon full payment.
  2. If content is created as part of a wider package and not separately paid for, Jewell Projects retains full copyright and editorial control.

13. Newsletter Distribution

  1. Jewell Projects does not send newsletters on Australian national public holidays.
  2. Weekly newsletters falling on such days will be rescheduled, while daily newsletters will not be sent or replaced.
  3. Jewell Projects reserves the right to adjust newsletter schedules around public holidays.

14. Client Equipment

  1. Where the Services involve reviewing or filming Client products (“Equipment”):
    • The Client must arrange delivery to the specified location and date;
    • All title and risk remain with the Client; and
    • Jewell Projects is not liable for damage or loss during transit or handling.
  2. Equipment not collected within 24 hours after completion may be deemed forfeited, and ownership may transfer to Jewell Projects for disposal at its discretion.

15. Electronic Records and Signatures

  1. Jewell Projects may use electronic signing systems (e.g., DocuSign) for executing contracts.
  2. By electronically confirming, the Client consents to the use of digital records and signatures for all notices, authorisations, and contracts.
  3. Clients may withdraw consent or request paper copies by contacting [email protected]

16. Governing Law

  1. These Terms are governed by the laws of New South Wales, Australia, and both parties submit to the exclusive jurisdiction of its courts.
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