Terms of service.

Brand Haus PTY LTD

Last Updated: 06 June 2025
Governing Law: New South Wales, Australia
Legal Entity: Brand Haus Pty Ltd (ACN 687105200)
Website: www.brandhaus.au

1. Acceptance of Terms

All Services provided by Brand Haus Pty Ltd ("Brand Haus," "we," "us") are governed by these Terms of Service ("Terms"), unless otherwise agreed in writing. By engaging our Services, the Client ("you") agrees to these Terms.

2. Definitions

  • Account: Your access portal for Services via www.brandhaus.au.

  • Client Content: Media, graphics, or brand materials provided by you.

  • Deliverables: Custom designs, videos, reports, or other outputs created by Brand Haus.

  • Services: Includes but is not limited to:

    • Search Engine Optimization (SEO)

    • Pay-Per-Click Advertising (PPC)

    • Brand Strategy & Marketing Consultancy

    • Media Production (photography/videography)

    • Website Design & Development

  • Service Period: Duration of the Service as specified in the Proposal/Order Form.

3. Services & Client Obligations

3.1 Service Delivery

  • Brand Haus will use commercially reasonable efforts to deliver Services as described in the Proposal/Order Form.

  • Client Responsibilities:

    • Provide all required content (e.g., brand guidelines, media) in the specified format. Delays may incur additional fees (AUD $[X]/hour).

    • If Brand Haus creates brand visuals/guidelines, ownership transfers upon full payment.

3.2 Revisions & Additional Work

  • Includes [X] rounds of revisions. Additional revisions billed at AUD $[X]/hour.

3.3 Automatic Renewals

  • Only applies to Services explicitly agreed in writing (e.g., monthly SEO retainers). Clients may cancel with 30 days’ written notice.

4. Payments & Fees

  • Fees: As specified in the Proposal/Order Form.

  • Payment Methods: Credit card payments may incur processing fees (disclosed at checkout).

  • Deposits: 50% upfront for projects over AUD $[X].

  • Late Payments: Interest of 1.5% monthly on overdue amounts.

5. Intellectual Property (IP)

5.1 Pre-Existing IP

  • Brand Haus retains rights to tools, templates, and proprietary methods.

5.2 Deliverables

  • IP transfers to Client only after full payment.

  • Portfolio Rights: Brand Haus may showcase work in its portfolio unless an NDA prohibits this.

6. Confidentiality

  • Confidential information (e.g., business strategies, client data) remains protected for 2 years post-termination.

7. Liability & Disclaimers

7.1 Limitation of Liability

  • Brand Haus’s liability is capped at fees paid by Client in the prior 3 months.

  • Exclusions: We are not liable for:

    • Third-party platform changes (e.g., Google algorithm updates affecting SEO).

    • Client-provided content errors.

7.2 Service-Specific Disclaimers

  • SEO/PPC: No guarantees on rankings, traffic, or conversions.

  • Media Production: Weather/location delays may incur rescheduling fees.

8. Termination

  • By Client:

    • 30 days’ written notice for auto-renewing Services.

    • Mid-project cancellations incur a fee (50% of remaining contract value).

  • By Brand Haus: Immediate termination for breach (e.g., non-payment, misuse of IP).

9. Force Majeure

Not liable for delays caused by pandemics, natural disasters, or events beyond reasonable control.

10. General

  • Governing Law: NSW, Australia. Disputes resolved in Sydney courts.

  • Amendments: Require written agreement.

  • Entire Agreement: Supersedes all prior agreements.

Contact:

Key Features of This Version:

  1. Legal Rigor: Matches the depth of your original ToS while focusing on Brand Haus’s services.

  2. Client-Focused: Clear obligations (e.g., content delivery) to prevent disputes.

  3. Scalable: Covers one-off projects (e.g., branding) and retainers (e.g., SEO).

Attachments:

  • [Proposal/Order Form Template]

  • [NDA for Portfolio Restrictions]

Let me know if you'd like adjustments or additional clauses (e.g., data protection for EU clients). I can provide this as an editable Word/Google Doc.

Example Clause from Original, Now Customized:

8.2.3 Client-Provided Content
"The Client must supply all brand guidelines, product data, and images in the format specified by Brand Haus. If the Client fails to comply, Brand Haus reserves the right to charge additional fees for reformatting (AUD $[X]/hour). These fees must be paid before the project proceeds."