Version 3.0 — Last updated: 24/08/2026

These Terms apply to all proposals, scopes of work, retainers, and projects supplied by 4ffinity Pty Ltd (ABN 62 689 247 345) (“4ffinity”, “we”, “our”).

By approving a proposal, paying an invoice, or asking us to begin, you accept these Terms.

How these terms fit with your engagement letter. Retainer and prepaid clients sign an Engagement Letter. That letter sets the commercial terms — fees, term, billing — and incorporates these Terms for everything else. Clauses 4 and 6 to 21 below are identical in both documents, so moving from project work to a retainer does not change the rules you are working under. Only clauses 2, 3, and 5 differ, and only where project and retainer engagements genuinely work differently.

Documents that form our agreement

In order of precedence if they conflict:

1. The accepted Proposal in Ignition, or the signed Scope of Work — for commercial terms only: fees, quantities, cadence, platforms, coverage hours, and billing settings.
2. The Engagement Letter, where one has been signed.
3. These Master Services Terms.
4. Schedule A — Data Security and Account Access.

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1. Definitions

Business Day — Any day other than a Saturday, Sunday, or Victorian public holiday.

Business Hours — 10 am to 6 pm, Monday to Friday (Melbourne time).

Content Calendar — A schedule of post concepts, captions, and publishing dates.

Credentials — Usernames, passwords, passkeys, API keys, access tokens, recovery codes, and multi-factor authentication factors for any Client account or platform.

Deliverables — The videos, photos, motion graphics, audio assets, captions, content calendars, reports, or other content items listed in the current SOW.

Minor Revision — Tweaks that do not alter the core creative concept, such as trimming or extending clips up to 10 seconds, basic colour or text changes, logo swaps, spelling fixes, and caption edits.

Major Revision — Any change to music, pacing, narrative flow, length, brand style, or campaign approach that requires a full re-edit. A Major Revision is a new Deliverable and is quoted separately.

Platforms — The social networks covered by the SOW, such as Instagram, Facebook, LinkedIn, TikTok, and YouTube.

Playbook — Agreed tone, response templates, escalation rules, and topics to avoid for community management.

Scope of Work (SOW) — The schedule attached to an Engagement Letter, or the accepted Proposal in Ignition, that sets out the services, quantities, fees, and timelines for an engagement.

Start Date — The date stated in the SOW or Engagement Letter or, if none, the earlier of proposal approval or first payment.

Social Media Management (SMM) — Planning, scheduling, publishing, community management during agreed coverage hours, and reporting as set out in the SOW.

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2. Scope of Services

4ffinity supplies the services described in the current SOW. For retainers, services are supplied each month. Quantities, cadence, and inclusions are as per the accepted Proposal in Ignition or the signed SOW.

2.1 Video production (if included)

• On-site filming per the SOW.
• Editing and delivery of agreed video and photo assets.
• One Minor Revision round per Deliverable if requested within 5 Business Days.

2.2 Social Media Management (if included)

• Cadence and platforms: as per the accepted Proposal in Ignition or the signed SOW.
• Approvals: draft calendars provided 3 Business Days before the first publish date unless the SOW states otherwise. If the Client does not respond within 3 Business Days, we may schedule the calendar so production stays on track, but we will not publish any post without the Client’s express approval.
• Community management: coverage during Business Hours unless otherwise stated. Standard first response within 24 hours during Business Hours unless the SOW specifies a different SLA.
• Reporting: monthly performance summary covering platform metrics and key insights. KPIs are for measurement only and are not guaranteed outcomes.
• Exclusions: as set out in clause 17.

The Client provides timely access to sites, personnel, brand assets, platform logins, and ad-account permissions, and approves drafts within agreed timeframes.

Requests outside the SOW are quoted separately and require written approval before work starts.

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Minimum on-site booking per crew member is 3 hours unless the SOW states otherwise.

Retainer inclusions are allocated monthly and do not roll over into the following month. Unused inclusions are not refundable or transferable. We will tell the Client if a month’s inclusions are tracking to be underused.

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3. Pricing and Payment

Fees — Fees are as per the accepted Proposal Items in Ignition or the signed SOW. If there is any discrepancy as to fees, quantities, cadence, platforms, coverage hours, or billing settings, the accepted Proposal in Ignition prevails. For all other matters, these Terms and any Engagement Letter prevail.

Billing

• Retainers: billed per the billing settings in the accepted Proposal, monthly in advance unless stated otherwise. All invoices are paid by automatic direct debit unless 4ffinity agrees otherwise in writing. A DDR form via Xero or Ignition must be completed before services commence, governed by the applicable Direct Debit Request Service Agreement.
• Projects: deposit of 30 to 50 percent due to book dates, defaulting to 50 percent unless the SOW states otherwise. Balances are billed on the delivery milestones in the SOW. Payment may be made by card or direct debit where the Client has authorised it.
• Prepaid engagements: the full engagement fee is due before services commence. Services will not commence until cleared funds are received.

The Client will reimburse 4ffinity for any administrative or bank fees incurred as a result of failed or dishonoured direct debit transactions.

Payment terms — Invoices are due in accordance with the payment terms shown on the invoice (default 7 days). The Client must pay all amounts in full without set-off, deduction, or withholding.

Late payment — Interest accrues on overdue amounts at 5% per month (simple, non-compounding), applied to balances more than 30 days overdue, and 4ffinity may recover its reasonable costs of recovering overdue amounts. The parties agree this is a genuine pre-estimate of 4ffinity’s administrative and recovery costs on delinquent accounts.

Fallback: If that rate is held to be unenforceable, void, or a penalty, it is reduced to the highest rate that is enforceable — and failing that, to 1.5% per month — rather than the interest entitlement failing altogether. This clause is to be read down to the minimum extent necessary to remain enforceable.

Services may be paused while an invoice is overdue in line with clause 5.

GST — All fees are exclusive of GST. 4ffinity Pty Ltd is registered for GST and issues tax invoices accordingly. Reimbursable expenses are charged at cost plus any applicable GST.

Travel and expenses — Travel time may be billable at A$165 per hour plus GST unless the SOW states otherwise. Parking, tolls, permits, and accommodation are recharged at cost.

Scope alignment — Work delivered corresponds to the quantities, cadence, and options the Client accepted. Changes are out of scope and quoted via a variation.

Licence link — The licence in clause 6 takes effect once all amounts due under the relevant SOW are paid in full. If the Client is in arrears, the licence is suspended for the period of arrears and revives on payment.

SMM notes (apply only if SMM was accepted):

• Ad spend and boosting are excluded unless the Client added a paid Ads or Boosting item. If included, budgets are funded from Client ad accounts or via prepayment as per the Proposal item. 4ffinity does not hold, spend, or rebill Client media budget unless a prepayment item is accepted.
• Scheduling or analytics tools are provided by the Client or recharged at cost if a Tooling item was selected.
• After-hours coverage and SLAs apply only if an item specifying these was selected.

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4. Revisions

• One Minor Revision round per Deliverable is included if requested within 5 Business Days of delivery. Revisions requested after this window are treated as a new Deliverable and billed separately.
• Additional Minor Revisions and all Major Revisions are billed at A$165 per hour plus GST, or quoted as a new Deliverable.
• Each revision round must be submitted as a single email or as consolidated comments in the relevant shared link. Comments across mixed channels count as a new round unless the second message arrives within 2 Business Hours of the first.
• Unused revision rounds do not roll over.
• Client-delay extension: if Client feedback is delayed more than 10 Business Days, delivery timelines extend day-for-day and 4ffinity may invoice for work completed to date.
• SMM approvals: captions and graphics follow the same rules. Takedown requests after publishing will be actioned promptly and are billable if the post was approved or published in line with the Playbook.
• Classification. We classify a revision as Minor or Major acting reasonably and in good faith, and will give our reasons in writing on request. If the Client disagrees, the parties will discuss it in good faith before the revision is charged.

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5. Term and Termination

5.1 Term

As set out in the SOW or Engagement Letter.

• Retainers carry a 3-month minimum commitment from the Start Date, covering onboarding, strategy, setup, and early optimisation, which are front-loaded. After the initial 3 billing cycles the engagement rolls month-to-month.
• Prepaid engagements run for the fixed term set out in the SOW.
• Projects run until the Deliverables in the SOW are delivered.

5.2 Cancellation during a retainer minimum commitment

You may give notice to cancel at any time. If notice is given during the minimum commitment, one of the following applies at your election:

• Serve the term: services and billing continue until the end of the 3rd billing cycle from the Start Date, then end; or
• Early exit fee: pay an early exit fee equal to the unpaid fees remaining to complete the first 3 billing cycles, after which services end on the effective cancellation date. The parties agree this is a genuine pre-estimate of 4ffinity’s loss from early termination of the committed term, not a penalty.

5.3 Cancellation after the minimum commitment, and other engagements

• Retainers: cancel at any time with 14 days’ written notice. The engagement ends at the end of the current billing month following the notice period. No pro-rata refunds for partial months.
• Prepaid engagements: prepaid fees are non-refundable and no pro-rata refund is given for early cancellation, except to the extent a refund is required by law, including for a failure to comply with a non-excludable consumer guarantee. Any unused, clearly severable portion may be credited at 4ffinity’s discretion.
• Projects: either party may terminate with 30 days’ written notice. The Client pays for work done to the effective termination date and any non-refundable costs already committed.

5.4 Suspension for non-payment

Services may be suspended if any invoice is overdue in accordance with clause 3, after we give at least 3 Business Days’ written notice and an opportunity to pay. Services resume once the balance is cleared, and timelines extend day-for-day for any suspension.

5.5 Termination for cause

Either party may terminate immediately if the other is insolvent, or materially breaches these Terms and does not remedy within 14 days of written notice. 4ffinity may also terminate if an invoice is more than 21 days overdue, or if continuing would breach law or platform terms.

5.6 Final deliverables and handover

All outstanding invoices must be paid before final Deliverables are released. Upon termination and subject to full payment, you will receive any final Deliverables due and, for SMM, a final export of the current Content Calendar and the most recent monthly report.

Offboarding. Within 5 Business Days of termination, 4ffinity will:

• remove itself as a user, admin, or partner from every Client account it was given access to;
• delete Client Credentials from its password manager and any shared groups;
• remove Client shared folders from company devices and cloud sync;
• transfer administrative ownership of any account or asset created for the Client, where the platform allows and invoices are paid; and
• confirm the above to the Client in writing.

Within the same period, the Client should confirm our access is gone, change any password shared with us, and rotate any API key or access token issued to us.

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6. Usage Rights and Intellectual Property

• 4ffinity owns all intellectual property rights (including copyright) in the Deliverables, raw footage, and any working files, project files, templates, and know-how created or used in performing the Services. The Client acquires no rights other than the licence expressly set out in this clause.
• When invoices are paid in full, the Client receives a non-exclusive, perpetual, irrevocable licence to use the final edited Deliverables for its own marketing and promotional purposes across its own channels.

Editing the Deliverables. So that the Client can use the work day-to-day without asking each time:

• Permitted without our consent — the Client and its appointed agencies making format edits for the Client’s own channels: cropping, changing aspect ratio, trimming to meet platform specifications, and adding the Client’s own captions or subtitles.
• Requires our written consent — substantive re-edits that change the music, pacing, narrative, or creative concept; supplying Deliverables to any third party for that third party’s own use; resale, relicensing, or stock footage use; and any use that would misattribute authorship.

Moral rights. To the extent permitted by Part IX of the Copyright Act 1968 (Cth), 4ffinity consents, and will obtain the consent of its personnel and subcontractors, to the acts described as permitted above, and to the Client publishing the Deliverables without attribution. This consent is limited to the permitted scope and is conditional on payment in full.

• Raw footage and project files are not included by default and can be licensed for a fee on request.
• 4ffinity appreciates credit where the Client sees fit, but does not require it as a condition of these Terms.
• Portfolio. If the Client wishes to restrict portfolio use, it must notify 4ffinity in writing before project commencement; otherwise 4ffinity may showcase completed work in its portfolio, showreels, website, and social channels. If the Client asks later, we will stop using the work in new material within 10 Business Days, though material already printed or submitted to an award body need not be withdrawn.
• SMM templates and working files: strategy docs, calendars, trackers, and graphic templates we create are licensed for the Client’s internal use on the Client’s brands. Reuse for other entities or resale is excluded unless licensed in the SOW.

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7. Client-Supplied Materials

The Client warrants that all logos, scripts, images, audio, music, claims, and releases supplied are owned by the Client or properly licensed, and indemnifies 4ffinity against any claim arising from their use.

Music and audio — The Client is responsible for selecting, licensing, and ensuring compliance for all music used in Deliverables, regardless of source, including tracks suggested by 4ffinity, Epidemic Sound or similar libraries, Spotify, or any other platform. It is the Client’s responsibility to obtain the appropriate licence for its intended use, platforms, territories, and any paid advertising before publishing. Subject to clause 15, 4ffinity has no liability for any claim, takedown, fee, demonetisation, reduction in reach or distribution, or other loss arising from music use, Content ID systems, or platform enforcement.

Talent — Where people appear on camera, the Client obtains talent or model releases unless otherwise agreed. Releases must cover the intended use, platforms, territories, and duration.

Filming and privacy — For any location the Client controls, the Client warrants it has notified staff, visitors, and customers that filming will occur and obtained any consent required by law or its own policies. Neither party will film in areas where a person would reasonably expect privacy without that person’s express consent. If a shoot involves people under 18 or a care setting, the Client must tell us before the Start date so Working with Children Checks and consents can be arranged.

SMM compliance — The Client is responsible for compliance with platform terms and applicable rules, including the AANA Code of Ethics, Privacy Act 1988 (Cth), and Spam Act 2003 (Cth). UGC resharing requires permission or licence from the creator. Competitions and endorsements require Client-provided legal terms unless separately engaged.

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8. Safety and On-Site Compliance

The Client provides a safe work environment and complies with OH&S regulations, including any site induction, PPE requirements, and hazard information before the call time. 4ffinity may suspend work if a location is unsafe; work resumes once hazards are rectified.

Equipment damage — The Client is liable for loss of, or damage to, 4ffinity equipment caused by Client personnel or site conditions (normal wear and tear excluded).

Drone and aerial work — Any drone operation is subject to Part 101 of the Civil Aviation Safety Regulations 1998 (Cth) and CASA operating conditions. Flights may be cancelled, relocated, or reduced without penalty to 4ffinity where weather, airspace restrictions, proximity to people or property, or CASA requirements make them unsafe or unlawful.

Insurance — 4ffinity holds public liability insurance and insurance for its own equipment. A certificate of currency is available on request. 4ffinity does not hold Errors and Omissions or professional indemnity cover for the Client’s marketing claims unless the SOW says otherwise.

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9. Rescheduling and Shoot Cancellations

The fees below are a genuine pre-estimate of the loss 4ffinity suffers when a booking is changed or cancelled at short notice.

If 4ffinity must reschedule, we do so promptly at no extra charge. If we cannot offer an alternative date within 14 days that the Client can reasonably accept, the Client may cancel that booking and receive a refund of amounts paid for it.

For shoots outside metropolitan Melbourne, any non-refundable travel or accommodation costs caused by Client postponement or cancellation are payable by the Client.

SMM calendars — If Client feedback on a proposed Content Calendar is delayed more than 5 Business Days, publish dates will shift day-for-day. We may post previously approved evergreen content or pause publishing to avoid off-brand posts.

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10. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond reasonable control (e.g. natural disasters, illness of key personnel, strikes, government or platform restrictions). The affected party will notify the other within 2 Business Days of becoming aware. Timelines shift in good faith, and 4ffinity will make reasonable efforts to engage substitute personnel to minimise delays.

Force majeure does not excuse payment for services already delivered or costs already committed. If the event continues for more than 60 days, either party may terminate on written notice, with payment due for work completed to that date.

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11. Independent Contractor and Subcontractors

Independent contractor — Nothing in these Terms creates an employment, joint-venture, agency, or partnership relationship. Each party remains an independent contractor responsible for its own taxes, superannuation, insurance, and statutory obligations.

Subcontractors — 4ffinity may engage qualified subcontractors and remains responsible for overall quality and for their compliance with clauses 12 and 13.

Non-solicitation — The Client agrees not to directly hire or engage our staff or core subcontractors who worked on the Client’s account, during the engagement and for 6 months after it ends. This does not prevent the Client from making general public advertisements for roles, or from hiring a person who responds to one without being solicited by the Client.

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12. Confidentiality and Privacy

Each party keeps the other’s confidential information private and does not disclose it to third parties without written consent, except as required by law or to personnel and subcontractors who need it and are under equivalent obligations. These obligations survive termination for three years, and indefinitely for Credentials and personal information.

4ffinity processes personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and any written privacy instructions supplied by the Client. Our Privacy Policy is published at 4ffinity.com.au.

Roles. The Client is responsible for its own privacy obligations to its staff, customers, and audience, including any notice or consent required before we collect personal information on its behalf. We handle it only on the Client’s reasonable instructions and as needed to deliver the Services.

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13. Data Security, Account Credentials and Cyber Incidents

To perform SMM and related Services, the Client authorises 4ffinity to hold and use the Client’s platform logins, passwords, access tokens, and ad-account permissions. Schedule A sets out our security practices in full and forms part of these Terms.

13.1 What we commit to

• We ask for delegated access (Meta Business Suite partner access, Google Ads manager account, platform admin roles) in preference to shared passwords wherever the platform supports it.
• Where a password must be shared, it is stored only in an encrypted password manager — never in email, SMS, messaging apps, spreadsheets, documents, or notes.
• Access is limited to named personnel who need it, listed in Schedule A. Subcontractors are given access only where the SOW requires it and under written confidentiality obligations.
• We enable multi-factor authentication on every account that supports it.
• We use Credentials only to perform the Services, and will not change account ownership, recovery details, billing, or user permissions, or accept platform terms on the Client’s behalf, without written approval.
• We remove our access and delete Credentials on termination in accordance with clause 5.6.

13.2 Security incidents

If we become aware of unauthorised access to, or loss or disclosure of, Client data or Credentials in our control, we will notify the Client’s nominated contact without undue delay and in any event within 72 hours, tell the Client what we know, and cooperate reasonably with the Client’s assessment and any obligations it has under the Notifiable Data Breaches scheme. Notification is not an admission of liability.

13.3 Client responsibilities

The Client is responsible for the security of its own accounts and systems, including maintaining its own backups, enabling multi-factor authentication, keeping its own recovery methods current, sharing Credentials only through the password manager or another encrypted method, and promptly revoking or changing access on completion or termination.

13.4 What we are not liable for

Subject to clause 15 and to clause 13.1 being complied with, and to the maximum extent permitted by law, 4ffinity is not liable for any loss, damage, cost, or claim arising from or in connection with:

• unauthorised access to, hacking of, phishing of, or compromise of the Client’s accounts, systems, credentials, or data;
• any act, omission, outage, or breach of a third-party platform, storage, or password-management provider; or
• platform account suspension, restriction, loss of access, loss of followers or content, or changes to platform features or algorithms.

The Client indemnifies 4ffinity against any third-party claim arising from a compromise of the Client’s own systems, accounts, or credentials, or from credentials or data the Client supplied.

13.5 Sub-processors and overseas storage

We use third-party tools and subcontractors to deliver the Services, some of which store data outside Australia. The current list is in Schedule A. We will give notice before adding a sub-processor that will hold the Client’s personal information.

13.6 Artificial intelligence

We may use AI-assisted tools for tasks such as transcription, captioning, editing assistance, and drafting. We will not upload Client confidential information, Credentials, or unpublished Client material to any AI tool that trains on submitted data, and will not present AI-generated likenesses or voices of real people as real without written approval. The Client may request in writing that no generative AI be used on its work.

This clause survives termination. Nothing in it limits or excludes any liability or obligation that cannot lawfully be excluded under applicable law, including under the Privacy Act 1988 (Cth) and the Australian Consumer Law.

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14. No Warranties and No Guaranteed Results

In plain English: we guarantee how we do the work. We do not guarantee what the market does with it.

4ffinity will perform the Services with due care and skill, using suitably qualified personnel, and the Deliverables will materially match the SOW. If they do not, tell us within 10 Business Days of delivery and we will re-perform the affected work at no charge.

To the maximum extent permitted by law, the Services and Deliverables are otherwise provided without any guarantee, representation, or warranty as to specific results or outcomes.

In particular, 4ffinity does not guarantee any level of audience reach, impressions, engagement, follower growth, leads, consultations, enquiries, sales, conversions, search ranking, algorithmic distribution, platform approval of any account or advertisement, or any commercial or marketing result — all of which are influenced by factors outside 4ffinity’s control. Any figures, forecasts, benchmarks, or past results shared with the Client are illustrative only and are not a promise of performance. The Client acknowledges that reviewing and approving drafts within the agreed process is the Client’s responsibility.

Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law.

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15. Liability

To the maximum extent permitted by law:

• 4ffinity’s total aggregate liability for all claims arising under or in connection with these Terms is limited to the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim;
• 4ffinity is not liable for any indirect, incidental, special, or consequential loss, or for loss of profit, revenue, data, goodwill, or business opportunity; and
• where 4ffinity fails to comply with a non-excludable consumer guarantee under the Australian Consumer Law, and the Services are not of a kind ordinarily acquired for personal, domestic, or household use, 4ffinity’s liability is limited, at 4ffinity’s option, to re-supplying the relevant Services or paying the cost of having them re-supplied — except where it is not fair or reasonable for 4ffinity to rely on that limitation.

Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud or for death or personal injury caused by negligence. The limitations in this clause do not apply to the Client’s payment obligations or to the Client’s indemnities under these Terms.

Client indemnity — The Client indemnifies 4ffinity against losses and claims arising from materials, data, lists, instructions, or Credentials supplied by the Client; the Client’s misuse or unlawful, misleading, or defamatory use of Deliverables; unsafe worksites or hazards controlled by the Client; and the Client’s breach of platform terms, advertising codes, the Spam Act, or industry regulation. This indemnity is reduced to the extent the loss is caused by 4ffinity’s own breach, negligence, or wilful misconduct.

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16. Access and Permissions for SMM (if included)

The Client will provide admin access to pages, ad accounts, and required third-party tools. The Client remains the controller and owner of accounts and data. Platform verification and two-factor approvals are completed by the Client promptly.

The Client should retain ownership of its Business Portfolio, ad accounts, pages, and domains. If 4ffinity creates an asset because the Client cannot, ownership transfers to the Client on request.

4ffinity will not make binding offers, discount promises, or service commitments in DMs unless authorised in the Playbook.

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17. SMM Scope Exclusions

Unless the SOW explicitly adds these as paid add-ons, SMM does not include:

• Paid ads or boosting, ad-account setup, campaign management, media buying, or budget optimisation;
• Influencer outreach, negotiation, contracting, briefing, or payments;
• Content creation of any kind, including on-site shoots, editing, graphic design, motion graphics, or new video or photo production;
• Crisis communications, PR statements, after-hours incident management, or legal responses; and
• Brand copywriting beyond social post captions and basic CTA lines.

SMM covers planning, scheduling, publishing, community management during agreed coverage hours, and performance reporting only.

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18. Change of Scope

Material changes to shoot logistics, creative brief, platform specifications, cadence, or Deliverable quantities may constitute a new Deliverable and will be quoted separately. We will assess this reasonably and give our reasons in writing on request.

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19. Data Retention

4ffinity is not obliged to retain files indefinitely.

Long-term archival can be arranged for a fee.

The Client is responsible for keeping its own copies of final Deliverables and reports.

The Client may ask us in writing to delete Client data we hold. We will do so within 30 days, except where we must keep records by law, need them for a live dispute, or hold them in routine encrypted backups that are overwritten on cycle.

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20. Dispute Resolution

If a dispute arises, the parties first attempt good-faith negotiation between people with authority to settle it. If unresolved after 30 days, either party may refer the matter to mediation in Victoria (with costs shared equally) before commencing litigation. Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief, or from commencing proceedings to recover an undisputed debt.

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21. Governing Law

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.

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22. General

Entire agreement — These Terms, Schedule A, any Engagement Letter, and the accepted Proposal or SOW form the entire agreement between the parties and supersede all prior discussions and representations on the same subject matter, except for any representation that cannot be excluded by law.

Acceptance — May be given electronically. Approval by email, e-signature, payment of a deposit, or an instruction to begin is binding.

Changes to these Terms — The version in force at the Start Date applies to that engagement. For retainers, we will give at least 30 days’ written notice before a change takes effect; if a change materially and adversely affects the Client, the Client may terminate without penalty by written notice before the change takes effect. Material changes are marked with a new “Last updated” date and a short summary of what changed.

Amendments — Any amendment to an Engagement Letter must be in writing and signed (digital signatures and counterparts accepted). 4ffinity may update fees with 30 days’ written notice, applicable from the next billing cycle following that notice.

Assignment — Neither party may assign or transfer without the other’s written consent, except to a related entity as part of a bona-fide internal restructure.

Severability — If any provision is or becomes invalid or unenforceable, it is read down or severed to the extent necessary and the remaining provisions continue in full force.

Notices — Notices must be in writing and may be given by email to the address the parties usually use to correspond (including, for 4ffinity, the address on its invoices, or info@4ffinity.com.au). An emailed notice is taken to be received when it enters the recipient’s inbox, unless an automated delivery-failure response is received.

Waiver — A failure or delay in exercising a right does not operate as a waiver, and a single or partial exercise does not preclude any further exercise.

Survival — Clauses 6 (to the extent of licences granted and paid for), 11 (non-solicitation), 12, 13, 15, 20, and 21 survive termination.

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23. Contact

4ffinity Pty Ltd Melbourne, Victoria info@4ffinity.com.au ABN 62 689 247 345

Privacy enquiries: info@4ffinity.com.au (see our Privacy Policy)

Last updated: 25 Sep 2025

These terms apply to all proposals, scopes of work, retainers, and projects supplied by 4ffinity Pty Ltd (ABN 62 689 247 345). By approving a proposal, paying an invoice, or asking us to begin, you accept these terms.

1. Definitions

• Business Day: Any day other than a Saturday, Sunday, or Victorian public holiday.

• Business Hours: 10:00 to 18:00 Melbourne time.

• Client: The person or entity purchasing services from 4ffinity.

• Deliverables: Edited videos, photos, graphics, audio assets, or other content described in a Scope of Work.

• Minor Revision: Trims, text or colour tweaks, spelling fixes, logo swaps, and changes up to 10 seconds of runtime.

• Major Revision: Any change to music, pacing, story, brand style, length, structure, or concept that requires re-editing or re-shooting.

• Classification: 4ffinity has final discretion to classify a revision as Minor or Major, acting reasonably.

• Scope of Work (SOW): A document that sets services, quantities, dates, fees, and special terms for a specific engagement.

• Start Date: The date stated in the SOW or, if none, the earlier of proposal approval or first payment.

2. Engagement model

• Services are delivered per the current SOW.

• Work outside the SOW is not included. We will provide a quote and will not commence until written approval is received. If the Client instructs us to proceed urgently by email or message, that written instruction counts as approval and out-of-scope time is billable at our current rate card or the quoted amount.

• Minimum on-site booking per crew member is 3 hours unless the SOW states otherwise.

3. Fees and payment

• Retainers: Billed monthly in advance unless stated otherwise.

• Projects: Deposit of 30 to 50 percent due to book dates. Our default is 50 percent unless the SOW states a different amount. Balances are billed on delivery milestones in the SOW.

• Payment terms: Invoices are due within 7 days. We may collect payment by card or direct debit.

• Late and collection: Admin fee A$30 plus 1.5 percent per month simple interest from due date. We may pause work if any invoice is 7 days overdue and terminate if any invoice is more than 21 days overdue. The Client agrees to pay reasonable recovery and legal costs we incur in collecting overdue amounts.

• GST: All amounts are ex GST. Australian GST at 10 percent is added to invoices.

• Licence link: The licence in Clause 7 only takes effect once all amounts due are paid in full and on time.

4ffinity right to suspend or terminate for non-payment

• We may suspend services for any overdue amount and may terminate the engagement if the amount remains unpaid for more than 21 days. All work completed and booked third-party costs up to termination are payable.

4. Scheduling, rescheduling, cancellations, and Client delays

• Shoots and on-site services:

  • Reschedule 48 hours or more before the call time: no fee.

  • Reschedule 48 to 24 hours before: 50 percent of the scheduled on-site fee.

  • Cancel 7 to 1 day before: 50 percent of the scheduled on-site fee.

  • Cancel within 24 hours: 100 percent of the scheduled on-site fee.

  • If we reschedule, no fee applies and we will offer a new date promptly.

• Client-caused delays after work has commenced: If the Client causes delays that prevent scheduled work, we may charge a reasonable holding or standby fee for lost production time. For full-day holds, this is typically 50 percent of the day rate per affected person.

• Out-of-pocket costs: Non-refundable travel, permits, rentals, talent, or accommodation already incurred due to Client changes are payable by the Client.

5. Approvals, revisions, and feedback

• One Minor Revision round per deliverable is included if requested within 5 Business Days of delivery.

• Extra Minor Revision rounds and all Major Revisions are billed at the current rate or quoted as new deliverables.

• Consolidate feedback per round in one email or one comment thread. Mixed channels may count as an extra round.

• If Client feedback is delayed more than 10 Business Days, timelines extend day-for-day and we may invoice for work done to date.

6. Deliverables and formats

• Deliverables and durations are per the SOW. Unless specified, short vertical edits are 20 to 45 seconds.

• Standard outputs: H.264 MP4 in 16:9 and 9:16. Subtitles can be supplied as .srt on request.

• Delivery is via secure cloud link such as Dropbox. Links remain active for 90 days.

7. Usage rights and intellectual property

• On full and timely payment, the Client receives a non-exclusive, perpetual licence to use the final edited Deliverables for its own web, social media, and internal marketing.

• Paid advertising usage cap: Included for online platforms up to a total ad spend of A$10,000 per Deliverable (lifetime). Above that threshold, or for additional platforms, we will quote an extended licence.

• Media exclusions: TV, radio, cinema, out-of-home, programmatic CTV, broadcast, and third-party syndication are not included unless licensed in the SOW.

• Territory: Worldwide online use is included unless the SOW states a different territory.

• Portfolio carve-out: 4ffinity may showcase completed work in its portfolio, website, social media, award entries, and case studies. This is not a breach of confidentiality. The Client may request confidentiality in writing before production.

• Raw footage and project files: Not included by default. If licensed, it is on a non-exclusive basis for the Client’s internal archive and for creating new edits for the Client’s own channels that are consistent with these Terms. No resale, relicensing, stock footage use, or transfer to third parties except the Client’s appointed agencies for the Client’s campaigns. Third parties may not claim ownership or authorship.

8. Music licensing and platform claims

• The Client is solely responsible for selecting and licensing all music, including tracks from Epidemic Sound and similar libraries. Licences must cover the intended use, platforms, territories, and paid advertising. Proof of licence must be provided on request.

• 4ffinity has no liability for any claim, takedown, fee, demonetisation, reduction in distribution, or loss arising from music use or Content ID systems. If we suggest a track, licensing and compliance remain the Client’s responsibility.

9. Client-supplied materials, releases, and legal clearance

• The Client warrants it owns or has licences for all logos, scripts, images, brand assets, and materials it supplies and will indemnify 4ffinity against claims arising from their use.

• Where people appear on camera, the Client will obtain talent or model releases unless the SOW states 4ffinity will manage these.

• No legal clearance by default: Our services do not include legal review, Errors and Omissions insurance, defamation clearance, or regulatory approvals unless explicitly stated in the SOW. The Client is responsible for all such matters and costs.

10. Safety, site access, and equipment

• The Client provides safe access to locations and a safe working environment. We may suspend work if a site is unsafe and resume once hazards are resolved.

• The Client is liable for loss of, or damage to, 4ffinity equipment caused by Client personnel, guests, or site conditions. Normal wear and tear is excluded.

11. Travel and expenses

• Travel time may be billable at the current rate card unless the SOW states otherwise.

• Parking, tolls, permits, and accommodation are recharged at cost.

12. File retention and archive

• Working files are retained for 90 days after final delivery.

• For active retainers, we maintain a cloud archive for convenience. If a retainer ends, files remain archived for 90 days. Retrieval after that is not guaranteed. Long-term archival can be arranged for a fee.

13. Subcontractors and non-solicitation

• 4ffinity may use vetted subcontractors and remains responsible for quality control.

• The Client agrees not to directly hire or solicit our staff or core subcontractors during the engagement and for 6 months after it ends.

14. Warranties, liability, and client indemnity

• We provide services with due care and skill.

• Liability cap: To the maximum extent permitted by law, 4ffinity’s total liability for any claim under a specific SOW is limited to the total fees paid by the Client to 4ffinity for that SOW. 4ffinity is not liable for indirect, incidental, or consequential loss.

• Client indemnity: The Client indemnifies 4ffinity against losses and claims arising from:

  • materials or instructions supplied by the Client

  • misuse, unlawful, misleading, or defamatory use of Deliverables

  • misrepresentation of the Deliverables or attribution to third parties

  • unsafe worksites or hazards controlled by the Client

  • breach of the Client warranties in these Terms.

15. Force majeure

• Neither party is liable for delay or failure to perform caused by events beyond reasonable control. Timelines will be adjusted in good faith.

• Force majeure does not excuse payment for services already delivered, booked third-party costs, or expenses already incurred.

16. Term and termination

• Term: As per the SOW. Retainers roll month-to-month after the initial term unless ended under this clause.

• Convenience: Either party may terminate with 30 days’ written notice. The Client must pay for work done to the effective termination date and any non-refundable costs already committed.

• For cause: We may terminate immediately if the Client is more than 21 days overdue on any invoice, is insolvent, or materially breaches these Terms and does not remedy within 7 days of notice.

• On termination, we will deliver any completed Deliverables owed under the SOW once all invoices are paid. Access to systems and working files ceases on termination.

17. Dispute resolution and governing law

• If a dispute arises, the parties will first attempt good-faith negotiation.

• If unresolved after 30 days, either party may refer the dispute to mediation in Victoria, Australia. Mediation costs are split equally unless agreed otherwise.

• If mediation fails, either party may commence court proceedings.

• These Terms are governed by the laws of Victoria, Australia.

18. Changes to these terms

• We may update these Terms from time to time. The version on this page at the time of your approval of a proposal or payment will apply to that engagement. Material changes will be highlighted with a new Last updated date.

19. Contact

4ffinity Pty Ltd
Melbourne, Victoria
info@4ffinity.com.au
ABN 62 689 247 345