Terms & Conditions
1. DEFINITIONS
The following expressions used in these Terms and Conditions have the following meaning unless the context clearly requires otherwise:
a) Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person or company.
b) Contract means any Proposal accepted by you which includes these Terms and Conditions.
c) Client (you / your) means the person or entity specified as “Client” on a Proposal, website sign-up, or otherwise provided by you in entering into the Contract with us.
d) Debt means any and all moneys due and owing by you to Socially Sands whether in relation to one or more Contracts and includes any Overdue Amounts.
e) Fees means the fees payable by you to Socially Sands for the Services provided pursuant to a Proposal.
f) Goods includes any software programs, content, editing, source and object codes, designs, processes, or inventions made in connection with the Services.
g) IP means all intellectual and industrial property rights, including copyrights, trademarks, patents, registered designs and rights arising from intellectual activity.
h) Obligation means any express or implied agreement, duty, or liability.
i) Proposal means any communication made by Socially Sands to you for the supply of Services, including via our website or social media.
j) Overdue Amount means any amount of money that remains unpaid after the due date on an invoice you accepted.
k) Parties means you and Socially Sands.
l) Personal Information has the definition under the Privacy Act 1988 (Cth).
m) Rights means any legal or proprietary right.
n) Services means any service that Socially Sands may provide.
o) Socially Sands means Big Fat Mouths Media Pty Ltd ACN 678 342 446.
p) Terms and Conditions means these terms.
2. GENERAL
When you enter into a Contract with Socially Sands:
a) You agree to these Terms and Conditions.
b) These Terms and Conditions apply to every transaction.
c) Any variations must be agreed in writing.
d) Both parties act as independent contractors.
e) You agree not to solicit Socially Sands staff for 1 year post-service or pay liquidated damages.
f) Socially Sands may subcontract its obligations.
3. PROPOSALS TO SUPPLY
a) We will provide you with a Proposal.
b) You accept the Terms by:
* Written confirmation
* Payment
* Verbal agreement
* Allowing us to provide Services
4. ENTIRE AGREEMENT
These Terms and any accepted Proposal are the only applicable terms.
5. TERM
Each Contract remains in force until varied by agreement.
6. PPSA
If payments are overdue:
a) Socially Sands retains ownership of Goods/IP.
b) We may register security interests over your assets under the PPSA.
7. OWNERSHIP OF IP FOR CONTENT CREATION
IP created for content will vest in you upon full payment. Until then, you may not use it externally.
8. OWNERSHIP OF IP FOR COURSE MATERIAL
IP used in educational settings remains the property of Socially Sands. Limited personal use only.
9. INSURANCE
You must maintain \$20 million Public Liability insurance.
10. NO REPRESENTATIONS
Only written warranties in these Terms are binding.
11. CLIENT’S DUTIES
You must provide required materials, tools, and access. We do not guarantee results without your implementation.
12. DIRECT DEBIT
You authorise direct debit if stated in the Proposal. This may be handled by a third party.
13. FEES AND PAYMENTS
a) Choose your payment method from available options.
b) You must pay as per the Proposal.
c) Missed payments become Overdue Amounts.
d) You cannot offset payments owed.
e) Late payments incur fees and 4% monthly interest.
f) Additional services may incur extra costs.
g) We will notify you if work exceeds the Proposal scope.
14. CANCELLATION OF COACHING CALLS
24 hours' notice required to reschedule. Less than 24 hours' notice may forfeit the call.
15. PRIVACY
Your Personal Information may be stored or transferred overseas. You consent to its use as described.
16. OUR PROMISE TO YOU
We strive to provide high-quality service. Contact us if you have any concerns.
17. DISPUTE RESOLUTION
Parties will attempt to resolve disputes through negotiation. If unresolved, mediation or court may follow.
18. ILLEGALITY AND SEVERABILITY
If a term is illegal or unenforceable, it will be modified or removed without affecting the rest.
19. OUTSOURCED SERVICES
We may use third parties to provide Services.
20. JURISDICTION
Contracts are governed by Queensland law.
21. ELECTRONIC COMMUNICATION
We may communicate electronically. You acknowledge the risks and responsibility for secure access.
22. LIMITATION OF LIABILITY
a) Notify us of any issues within 3 days.
b) We may amend, refund, or decline your claim.
c) Liability is limited to service replacement cost.
d) We are not liable for delays, terminations, injuries, or property damage.
e) You indemnify us against related claims.
23. TERMINATION
By Us:
We may terminate for non-payment, lack of instruction, conflict of interest, or other reasons. You may receive a refund for services not rendered.
By You:
Provide 30 days' written notice. You remain liable for debts and fees.
Effect of Termination:
Some obligations (e.g., fees, confidentiality) survive termination.
24. CONFIDENTIALITY
Both parties agree to keep all Confidential Information secure and private for at least 5 years.
We Are Creator Academy
Email: hannah@sociallysands.com
Website: wearecreatoracademy.com
