At HS MarComs (“we”, “us” or “our”), we provide marketing, communications, creative and strategic advisory services to clients across government, corporate, community and private sectors.
These Terms and Conditions explain how we work with clients, how our services are provided, and the responsibilities that apply when you engage us.
1. Acceptance of these terms
By engaging HS MarComs, approving a quote, signing a proposal, paying an invoice, submitting information to us, or continuing to work with us, you agree to these Terms and Conditions.
These terms apply unless otherwise agreed in writing.
2. Our services
We provide services including, but not limited to:
- Marketing strategy
- Communications strategy
- Public relations
- Stakeholder and community engagement
- Brand strategy
- Graphic design
- Website development
- Website content and management support
- Social media management
- Campaign planning and delivery
- Copywriting and editing
- Advertising support
- Media relations
- Workshops, training and facilitation
- Project communications support
- Creative direction and production management
The exact services, deliverables, timelines and fees for each project will be outlined in a proposal, quote, scope of work, email agreement or other written confirmation.
3. Quotes and proposals
Quotes and proposals are based on the information available at the time they are prepared.
Unless stated otherwise, quotes are valid for 30 days from the date of issue.
4. Client responsibilities
To help us deliver work effectively, clients are responsible for providing accurate information, timely feedback, access to relevant materials, and clear approvals.
This may include:
- Brand guidelines
- Logos, images and design assets
- Project information
- Technical details
- Stakeholder feedback
- Legal, compliance or internal approvals
- Access to relevant platforms, accounts or systems
- Any required permissions, licences or consents
We are not responsible for delays, errors or additional costs caused by incomplete, inaccurate or late information provided by the client or their representatives.
5. Approvals and feedback
Clients are responsible for reviewing all work carefully before approval.
Once work is approved, HS MarComs is entitled to treat it as final. Any changes requested after approval may be treated as additional work and charged accordingly.
Where multiple stakeholders are involved, the client is responsible for consolidating feedback and providing one clear set of instructions, unless otherwise agreed.
6. Timeframes and delivery
We will make reasonable efforts to meet agreed timeframes.
Delivery timeframes depend on the client providing required information, feedback and approvals on time.
If a client delay impacts a project timeline, HS MarComs may adjust delivery dates accordingly. Urgent work or compressed timeframes may attract additional fees.
7. Fees and payment
Fees will be outlined in the relevant quote, proposal, invoice, retainer agreement or written confirmation.
Unless otherwise stated, all fees are quoted in Australian dollars and are exclusive of GST.
Invoices must be paid by the due date stated on the invoice.
If payment is late, HS MarComs may pause work, withhold deliverables, delay publication, or suspend services until payment is received.
8. Deposits and retainers
Some projects may require a deposit before work begins.
Retainer services are provided according to the agreed monthly scope. Unused retainer time, services or inclusions do not automatically roll over unless agreed in writing.
Additional work outside the retainer scope may be quoted or charged separately.
9. Third party costs
Third party costs are not included unless clearly stated.
These may include:
- Printing
- Advertising spend
- Media placement
- Photography
- Videography
- Website hosting
- Domain names
- Fonts
- Stock imagery
- Software subscriptions
- Paid plugins
- Freelance or supplier costs
- Courier or delivery charges
- Travel and accommodation
Where HS MarComs pays third party costs on behalf of a client, these costs may be invoiced to the client with an administration or handling fee where applicable.
10. Changes to scope
If the project scope changes, HS MarComs may provide an updated quote, revised timeline or additional fee estimate.
Any work outside the approved scope may be quoted and charged separately. This may include additional rounds of changes, new deliverables, urgent work, additional meetings, new campaign requirements, additional stakeholder feedback, or changes to the original brief.
11. Intellectual property
Unless otherwise agreed in writing, HS MarComs retains ownership of concepts, drafts, working files, strategy frameworks, processes, templates and creative materials developed before or during a project.
Once the client has paid all outstanding invoices, the client receives the right to use the final approved deliverables for the agreed purpose.
Working files, editable design files, source files and internal documents are not included unless specifically stated in the agreed scope.
12. Client materials
The client warrants that any materials provided to HS MarComs do not infringe the rights of any third party.
This includes text, images, logos, data, reports, audio, video, testimonials, trademarks and any other content supplied by the client.
The client is responsible for obtaining all necessary permissions, licences and approvals for materials they provide.
13. Portfolio use
Unless the client requests otherwise in writing, HS MarComs may refer to completed work in our portfolio, website, social media, capability statements, award submissions, proposals and marketing materials.
This may include the client name, project summary, images of completed work, and general project outcomes.
Confidential or sensitive work will not be publicly shared without appropriate approval.
14. Confidentiality
Both parties agree to keep confidential information secure and not disclose it to any third party unless required by law, approved in writing, or necessary to deliver the agreed services.
Confidential information may include business information, project details, stakeholder information, personal information, financial information, internal documents, strategies, passwords or access details.
15. Privacy
HS MarComs may collect and handle personal information as part of delivering services and managing client relationships.
We will take reasonable steps to protect personal information and use it only for legitimate business purposes, service delivery, communication, administration, legal compliance or other agreed purposes.
16. Website and digital services
Where HS MarComs provides website, digital, email marketing, social media, advertising or platform support, the client remains responsible for platform ownership, account access, third party terms, platform fees and final approval of published content.
HS MarComs is not responsible for outages, errors, policy changes, account restrictions, algorithm changes, platform downtime, hosting issues, software changes or third party system failures outside our control.
17. Advertising and campaign performance
Where HS MarComs provides advertising, social media, public relations, SEO, campaign or marketing services, we do not guarantee specific results unless expressly agreed in writing.
Performance can be affected by audience behaviour, market conditions, budget, timing, platform changes, media interest, competitor activity, search behaviour and other external factors.
We will use reasonable care, skill and strategic judgement when delivering campaign services.
18. Limitation of liability
To the maximum extent permitted by law, HS MarComs is not liable for indirect, incidental or consequential loss, including loss of profit, loss of revenue, loss of opportunity, reputational damage, loss of data, business interruption or loss arising from third party platforms.
Nothing in these terms excludes, restricts or modifies any rights or guarantees that cannot be excluded under Australian Consumer Law.
19. Australian Consumer Law
Our services come with guarantees that cannot be excluded under Australian Consumer Law where those guarantees apply.
This includes that services will be provided with due care and skill, be reasonably fit for a disclosed purpose, and be supplied within a reasonable time where no specific timeframe has been agreed.
20. Termination
Either party may end an engagement by giving written notice.
If a project or service is terminated, the client must pay for all work completed, work in progress, committed supplier costs, and any approved expenses incurred up to the termination date.
HS MarComs may terminate or suspend services immediately if a client fails to pay invoices, breaches these terms, behaves unreasonably, provides unlawful or misleading instructions, or creates a risk to HS MarComs, our team or our reputation.
21. Force majeure
HS MarComs is not responsible for delays or failure to perform services caused by events outside our reasonable control.
This may include natural disasters, extreme weather, illness, technology failures, power outages, cyber incidents, government restrictions, platform outages, supplier delays, industrial action or other unforeseen circumstances.
22. Governing law
These Terms and Conditions are governed by the laws of Western Australia, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of Western Australia.
23. Changes to these terms
HS MarComs may update these Terms and Conditions from time to time.
The latest version will apply from the date it is published or otherwise provided to the client, unless otherwise agreed in writing.
24. Contact us
If you have any questions or concerns about this Privacy Policy or your personal information, please contact:
HS MarComs
Email: hello@hsmarcoms.com.au
Phone: (08) 9227 1149
Website: www.hsmarcoms.com.au
