CULT Media is a business which provides online social media management, digital marketing, web & Mobile development and other associated services to startups and businesses. In order to provide you with the best user experience and protect your interests and the interests of other members on our website, we require all Clients to agree to and comply with the following Client Terms as amended from time to time, which you may seek legal advice on, and the Privacy Policy.

It is important to us that you understand these terms and conditions which relate to the provision of Services and Packages and your use of https://cultmediaagency.com.au. 

 I agree to engage CULT Media. I understand the Client Terms will apply to my purchase of any Services and Packages, and also on an ongoing basis for any future Services, Packages or Goods I may request from CULT Media. CLIENT TERMS

1. INTERPRETATION
    In this Agreement, the following definitions apply unless the context makes it clear that a definition is not intended to apply: “Additional Work” means any work performed for you in the provision of the selected Package that grossly exceeds the allocated time allocated to that Package, or that falls outside the scope of Services listed in item 6 of the Schedule; “Agreement” means the terms and conditions of this agreement and includes any attached schedules; “CULT Media” means the entity specified in item 1 of the Schedule and any benefit or indemnity under this Agreement extends to its directors, employees, associates, agents, and/or subcontractors; “Business Day” means between 8.30am and 5.00pm on a weekday other than a Saturday, Sunday or public holiday in Queensland, unless specified otherwise in this Agreement; “Commencement Date” has the meaning specified in item 3 of the Schedule; “Confidential Information” means all information obtained by a Party in the course of performing this Agreement; “Intellectual Property Rights” means all present and future rights in relation to copyright, trademarks, designs, patents, semiconductor and circuit layout rights, trade, business, domain names, confidential and other proprietary rights, and whether in Australia or otherwise; “Misconduct” includes, but is not limited to:
   1. material non-compliance with statutory requirements, including relevant occupational health and safety laws;
   2. material non-compliance with anti- discrimination and harassmentlaws;
   3. unauthorised representation which may damage the reputation or business of either of the parties;

   “Parties” means CULT Media and you; “Packages” means the Packages in Item 6 of the Schedule you have selected to be provided; “Personal Information” means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; “Services” means the services in item 5 of the Schedule you have selected to be provided;  “Term” where applicable means the period(s) of this Agreement and any extension of time of the Term as agreed in writing by the Parties; “Works” means all work to be performed by CULT Media under the Package/s and Service/s selected by you.

2. AGREEMENT
   1. The Commencement Date for the Works to commence being provided to you is the date specified in Item 3 of the Schedule.
   2. The Package/s will be provided to you by CULT Media for the Term specified in Item 4 of the Schedule, unless this Agreement is terminated earlier in accordance with its terms.
   3. The Service/s will be provided to you by CULT Media until the completion of the Works in accordance with the terms of this Agreement.
   4. By accessing the Package/s and/or Service/s of CULT Media and using the website, you agree to be bound by the Client Terms and Privacy Policy.
   5. CULT Media may make changes to the Services and the Packages at any time provided the changes made are of commensurate value to the previous package.
   6. Where the changes made to Packages and Services are substantially different, you will have the option to discontinue your use of the Packages or Services by terminating your agreement in accordance with clause 12 (Termination).
   7. CULT Media may introduce new Services and Packages in the future without notice to you.
   8. Fixed-fee Services such as a website build will not be unilaterally changed by CULT Media without agreement from you, which you will not unreasonably withhold provided the changes
3. VARIATIONS
   • The provisions of this Agreement will not be varied either in law or in equity except by agreement in writing between the
4. SERVICES & PACKAGES
   • The Works to be provided by CULT Media will be done so under your direction.
   • Where the Works provided by CULT Media in relation to the Package/s you have selected exceeds the reasonable period of time allocated to performance of that Package, CULT Media may charge you a reasonable cost for carrying out the Additional Work.
   • CULT Media will notify you of the likely cost of this Additional Work and seek your approval before carrying out any Additional Work.
   • In the event that we revise our estimate of our costs in performing your work, you must provide
     your written acceptance of the new estimate before we will proceed any further.
5. YOUR OBLIGATIONS
   • In addition to any other obligations under this Agreement, you agree to:
     1. provide CULT Media with accurate, complete and up-to-date information as requested. You will be responsible for informing CULT Media of any changes to that information;
     2. be responsible for providing clear instructions and information as requested in an expeditious manner;
     3. pay CULT Media in accordance with Clause 7;
     4. ensure that any materials you provide to CULT Media do not infringe on a third party’s intellectual property rights;
     5. not make constant changes to your instructions after a project has been completed, unless you are prepared to pay the additional fees incurred by the increased work incurred as a result of the changes; and
     6. act courteously to CULT Media and not do anything which would harm the reputation of CULT Media.
6. CULT MEDIA OBLIGATIONS
   1. In addition to any other obligations under this Agreement, CULT Media will, unless specified otherwise in this Agreement:
      • conduct the Works under the Package/s and Service/s in a professional manner using due care and skill; and
      • attend to all Works at the scheduled time required to be performed or where there is no specified time, within a reasonable time; and
      • communicate adequately with you as further instructions are required or opportunities arise which may be of benefit to you.
   2. CULT Media will use reasonable efforts to ensure conformity to a commensurate level of professional conduct as normally required to perform similar services.
   3. CULT Media will not derogate you, your Customers, suppliers, agents and products/services, and will immediately inform you within a reasonable period of becoming aware of any derogation or potential reputation damage by party.
7. PAYMENT
   1. Prior to Commencement of any Web Development services you must pay  CULT Media 50% of the cost of the Service/s. After the Completion of the Service/s you must pay the remaining 50% of the cost to CULT Media.
   2. Payment for the selected Social Media Management packages is to be paid by you, every 4 weeks in advance.
   3. Where CULT Media provides you with a Tax Invoice, payment must be made within 7 days of receipt of the Tax Invoice.
   4.  CULT Media will cease working where payment of the Service/s and Package/s is not made within the above time frames.
   5. Where you make payment online, you agree to abide by the Terms of Use of the payment gateway or facility that we use to facilitate such payments. We are entitled to pass on the fees for your use of the payment gateway or facility and any credit card surcharges relating to your purchase.  In the event that you do not wish to pay fees of this nature, you will not be able to make a purchase online.
8. INTELLECTUAL PROPERTY
   1. All Intellectual Property rights in any materials, content and information created, produced or shared by CULT Media in performing the Works for you under this Agreement, will remain with CULT Media.
   2. By agreeing to partner with Cult Media you give full permission for Cult Media to use any works created under this agreement on social media or any other marketing channels.
   3. You warrant that all materials provided to CULT Media are your own work, and/or where you have provided materials or images created by a third party, they have been legally acquired or licenced from the third party, such that you are entitled to use the material or image for a commercial purpose.
   4. Freedom to use ideas and IP: Cult Media may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
   5. Portfolio Rights: Cult Media retain the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work.
9. CONFIDENTIALITY & PRIVACY
   1. Each Party must not, and must ensure that its officers, employees, agents and sub- contractors do not, use or disclose any Confidential Information or Personal Information without the other Party’s consent, other than for the purposes of performing this.
   2. The obligations under this clause 9 do not apply to the extent that:
      • any information is publicly available (other than as a result of a Party’s breach of thisAgreement);
      • any information is lawfully provided to a Party by a third party;
      • a Party is required by law to disclose the information (and prior notice of the disclosure is given to the other Party); or
      • a Party is required by this Agreement to disclose the information to a third
   3. Each Party must keep all Confidential Information in a secure location so that no unauthorised person is able to gain access to
   4. CULT Media will comply with the Privacy Act 1988 (Cth) (“Privacy Act”) in relation to Personal Information, as if it were an organisation bound by the Privacy Act, even if it is not.
10. LIABILITY
    1. CULT Media will not be liable for any Works or other services provided to you by a third party and any impact this other work has on the products and Services supplied by us to you. Where third party services or products cause errors or issues with the products and/or services supplied to you by us, including your website if we built it, we will use best endeavours to rectify the issue at your cost, a quote for which will be agreed between us before any additional work is commenced.
    2. Notwithstanding any other provision of this Agreement, the liability of each Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential
    3. You indemnify CULT Media and its officers, employees, contractors, associates and agents (‘those Indemnified’) from and against your breach of these Client Terms as amended in the future, and from any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with the Works provided under the Service/s and Package/s provided to you including but not limited to issues of third party intellectual property rights breaches or other causes of action caused directly or indirectly, by your acts or omissions or those of your employees, agents, directors, trustees or contractors.
    4. To the maximum extent permitted by Law, the aggregate liability of CULT Media and those indemnified in respect of any causes of action arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to the cumulative total paid or payable by you to CULT Media for the Works performed under the Agreement.
    5. Cult Media does not warrant or guarantee specific financial or marketing outcomes. Any forecasting tools, industry performance and marketing history that are used to guide marketing activities are a guide and are not a guarantee of future performance or lead generation.
11. NOTICES
    1. Any notices from you to CULT Media must be provided to the physical address or email address in Item 1 of the Schedule.
    2. You are responsible for providing CULT Media with your current address as noted in Item 2, which you must amend by advising us from time to time. Any notices to you will be sent to the contact details in Item 2, and you are wholly responsible for the consequence of not receiving notices in the event you do not keep your details updated.
12. TERMINATION
    1. CULT Media may terminate this Agreement without notice to you effective immediately if you are in breach of any of your payment obligations.
    2. CULT Media may terminate this Agreement for any reason by providing you with 5 days written notice of the termination.
    3. You may terminate the Works being provided under the Service/s and Package/s selected by providing 30 days prior notice to CULT Media of the termination. This notice must be sent in accordance with Clause 11.
    4. Upon termination of this Agreement, you will be liable to pay for all Works performed by CULT Media or an associate or contractor of CULT Media, in accordance with this Agreement up to the effective date of termination and any Additional Work that has been completed.
    5. In the event that you have chosen a fixed-fee package such as a website build, you will be responsible for payment for the entire fixed fee, whether or not you elect to have the Works completed.
    6. We will suspend all services relating to hosting and online advertising if payment has not been received within fourteen (14) days of the period the costs relate to. If within thirty (30) days no payment has been received your account will be terminated resulting in a removal of all data from our servers.
13. ENTIRE AGREEMENT
    1. This Agreement constitutes the entire agreement between you and CULT Media and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to its subject
14. SEVERABILITY
    1. If any part of this Agreement is void or voidable, then that part is severed from the Agreement but without affecting the continued operation of the remainder of the Agreement.
15. AUSTRALIAN CONSUMER LAW
    1. CULT Media do not provide any warranties, other than those required under the Australian Consumer Law.
    2. You are not entitled to a refund of the Works under the Service/s and Package/s selected for change of mind.
16. SURVIVAL
    1. Clauses 5 to 11, and 13 to 17 will remain in full force and effect following the expiry or termination of this Agreement.
17. APPLICABLE LAW
    1. The laws of the State of New South Wales govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.