1.1 These Terms and Conditions apply to all services, proposals, scopes of work, quotes and engagements unless otherwise agreed in writing.
1.2 These Terms form part of every agreement between Belgrin and the Client together with any proposal, quote or written scope.
1.3 In the event of inconsistency:
(a) Special Conditions prevail
(b) Proposal or Scope prevails
(c) These Terms apply
2.1 The Client is deemed to have accepted these Terms upon the earliest of:
(a) Signing any agreement or proposal
(b) Providing written, verbal or implied approval to proceed
(c) Supplying content, access or instructions
(d) Requesting work to commence
(e) Payment of any invoice, including the first invoice, deposit or retainer
2.2 Payment of the first invoice constitutes full acceptance of these Terms and the Agreement as a whole.
2.3 The absence of a signed agreement does not limit enforceability of these Terms.
3.1 Retained services are subject to a minimum 12-month term unless otherwise agreed.
3.2 Following the initial term, services continue on a month-to-month basis.
3.3 Project work continues until completion, suspension or termination.
4.1 Services will be delivered as outlined in the applicable proposal or scope.
4.2 Belgrin retains discretion over method, delivery, resourcing and execution.
4.3 Timelines are estimates unless expressly confirmed in writing.
5.1 Any changes to scope, revisions beyond agreed rounds, additional work or rebriefing constitutes a variation.
5.2 Variations may incur additional fees and revised timelines.
5.3 Work on variations will not commence until approved and, where required, paid.
6.1 All fees are in AUD and exclusive of GST unless stated otherwise.
6.2 Payment structures may include deposits, progress payments or monthly retainers.
6.3 Retainers are invoiced monthly in advance.
6.4 Project work requires staged payments as outlined in the proposal.
6.5 All invoices must be paid in full by the due date.
6.6 Time is of the essence in respect of all payment obligations under this Agreement.
6.7 Payments must be made without set-off, deduction or delay.
7.1 Belgrin may charge:
7.2 Belgrin may:
7.3 All recovery costs are payable by the Client.
8.1 Belgrin may retain administrative access to digital assets including:
8.2 Belgrin reserves the right to retain, restrict or remove access to these assets until all outstanding payments are received in full.
8.3 No transfer of ownership, credentials or access will occur until full payment is made.
8.4 Belgrin is not liable for any loss arising from restricted access due to non-payment.
9.1 Third-party costs are payable by the Client.
9.2 This includes media spend, hosting, software and production.
9.3 Belgrin is not liable for third-party performance or disruptions.
10.1 The Client must:
10.2 The Client warrants all materials do not infringe third-party rights.
11.1 Delays caused by the Client may extend timelines.
11.2 Projects delayed over 30 days may incur restart fees.
11.3 Lack of response may be deemed approval after reasonable time.
12.1 All IP remains the property of Belgrin until full payment is received.
12.2 Upon full payment, the Client receives a licence to use final deliverables.
12.3 Source files are not included unless agreed in writing.
12.4 Belgrin may use work for portfolio and marketing purposes.
13.1 Both parties must keep confidential all sensitive information.
14.1 Belgrin does not guarantee performance outcomes including:
15.1 Nothing excludes rights under Australian Consumer Law.
15.2 Where permitted, liability is limited to resupply of services.
16.1 The Client indemnifies Belgrin against all claims arising from:
17.1 Belgrin is not liable for:
17.2 Liability is limited to fees paid in the prior 3 months.
18.1 Belgrin may suspend services for:
19.1 A minimum of 60 days written notice (two full calendar months) is required.
19.2 Notice only begins upon written receipt.
19.3 Verbal notice is not valid.
19.4 Fees continue during the notice period.
19.5 If notice is not properly given, the Client remains liable for the full commitment.
19.6 Fixed-term agreements require full payment of remaining term.
19.7 No refunds apply to completed or committed work.
20.1 Belgrin may terminate immediately for:
21.1 All outstanding amounts become immediately due.
21.2 Belgrin may retain all assets, files and access until paid.
22.1 The Client must not engage Belgrin staff or suppliers for 36 months post-termination.
23.1 Parties must attempt resolution before legal action.
23.2 Mediation in NSW applies.
24.1 Belgrin is not liable for delays outside its control.
25.1 These Terms may only be varied in writing.
25.2 If any clause is invalid, the remainder remains enforceable.
25.3 NSW law governs this Agreement.
Belgrin
Abundance 1111 Pty Ltd
Sydney, NSW, Australia
brilliance@belgrin.com.au
Suite 504, Birkenhead Point, 19 Roseby Street,
DRUMMOYNE NSW 2047
Office No. 2303, Aspin Commercial Tower, Sheikh Zayed Road, Dubai, UAE
Let‘s begin.
Suite 504, Birkenhead Point, 19 Roseby Street,
DRUMMOYNE NSW 2047
Office No. 2303, Aspin Commercial Tower, Sheikh Zayed Road, Dubai, UAE
Let‘s begin.
