i.         Payment Terms
a. Nothing in these terms seeks to exclude or limit rights that you may have under Australian Consumer Law. These terms comply with applicable Australian laws regarding service provision, refunds, and liability.
b. Preferred payment method is direct bank transfer, as per the invoice details, to avoid processing fees. Alternatively, payments can be made via the payment options provided in the invoice.
c. Clients outside Australia must pay via direct bank transfer or credit card. Hype Haus does not accept PayPal or similar online payment systems and will not cover any international transaction fees.
d. For non-hourly projects, a 50% non-refundable deposit and a signed agreement are required before work commences, with the balance billed at the halfway point.
e. Hourly projects may require a deposit of $250 or 50% of the estimated total cost prior to commencement.
f.  Monthly subscription payments are required for specific services. Unpaid subscriptions will result in an immediate suspension of services until payment is received.
g. Credit packs are valid for 6 months from the date of purchase, and unused hours do not carry over beyond this period.
h. All payments received are non-refundable for work completed or services rendered as specified in the project agreement. Refunds for payments already made will only be considered if Hype Haus fails to deliver the agreed-upon services within a reasonable timeframe, excluding delays resulting from client inaction or insufficient communication.
i.  Payments are due upon receipt (within 4 business days), unless specified otherwise. Invoices are overdue after five business days.
j.  Unpaid invoices exceeding 15 days will incur a 5% monthly finance charge, with an additional 5% applied for each subsequent month the invoice remains unpaid.
k. Projects delayed over 30 days may be billed for work completed.l.  Projects overdue by 30 days or more will be placed “On Hold” until payment, including applicable late fees, is received.

ii.     Estimates
a. Project estimates are valid for 30 days from the date of issue and may be re-evaluated if project scope changes significantly.
b. Printing costs are estimated separately and require separate payment arrangements.

iii.     Availability
a. Hype Haus is available Monday – Friday, 9:00 am – 5:00 pm AEST.
b. Work will be completed during business hours.
c. Hype Haus observes major holidays and closes for a two week period over the Christmas and New Year break.

iv.     Communication
a. Preferred communication is via email; scheduled phone calls or meetings are available upon request.
b. Simple questions may be answered by text; more complex requests may require calls or meetings.
c. Project requests must be submitted by email or online form. Extensive requests may require a scheduled call.
d. All relevant information must be provided to ensure timely project progress.

v.     Short Notice, Rush, and After-Hours Requests
a. Hype Haus may occasionally work beyond standard hours, on holidays, or weekends, but is not obligated to do so.
b. A “Rush Fee” may apply for work requested on short notice. This applies to projects requiring a faster-than-standard turnaround, and fees will depend on the urgency, scope, and complexity of the work. The client’s consent will be obtained before any rush work begins.
c. An “After-Hours Fee” may apply for work conducted outside of regular business hours, including weekends and holidays. This fee applies to any requests that require Hype Haus to work beyond standard hours and will be communicated and agreed upon with the client in advance.

vi.     Timelines
a. Estimated timelines are agreed upon per project. Unforeseen delays may extend timelines, with notice provided to the client.

vii.     Revisions
a. Project estimates include a specified number of revisions; additional revisions are billed at $175 per hour.
b. Each “revision” includes one set of feedback from the client and corresponding actions by Hype Haus.
c. Most projects include two revisions as part of the standard package. Please refer to your project proposal for any specific revision terms.

viii.     Client Responsibilities and Engagement
a. The client is responsible for final proofing, acceptance of work, and timely communication. Should delays or lack of communication from the client result in extended project timelines or the inability to deliver services as agreed, Hype Haus reserves the right to terminate the project per the terms in Section xix. Dispute Resolution.
b. The client agrees to fully engage with the Hype Haus team by designating a main point of contact, ensuring clear communication, and keeping their team informed to support our services effectively.
c. This collaboration requires professional courtesy and consistent communication from the client, including prompt provision of all necessary information and feedback to enable adjustments as needed.
d. The client agrees to attend scheduled meetings and calls prepared and on time, and to promptly act on the interest generated by Hype Haus to maximise outcomes.

ix.     Digital Marketing Systems + Services
a. Hype Haus’s proprietary tool, Hype Hub, includes automation features, lead management, SMS and email marketing, AI, contact forms, web chat, and other services specified at project onset. The initial setup fee covers system customisation to fit your brand’s needs.
b. Hype Haus offers advertising services as part of digital marketing efforts, including campaign strategy, ad creation, and placement across digital platforms (e.g., Google Ads, Meta, LinkedIn). All advertising efforts are managed through Hype Hub, with performance metrics and reports provided at regular intervals.
c. Ad spend is separate from service fees and is solely the client’s responsibility. The client must approve and fund the agreed-upon ad budget in advance. Hype Haus will provide guidance on budget allocation; however, final budget approvals and payments are the client’s responsibility.
d. Hype Haus does not guarantee specific results, such as sales, lead generation, or return on investment, from advertising campaigns. Campaign performance can vary based on external factors, including market conditions, competition, and platform algorithms, which are beyond Hype Haus’s control.
e. Clients are expected to fulfill responsibilities as outlined in Section viii: Client Responsibilities and Engagement, including providing accurate target audience information, messaging, and business insights. Hype Haus is not liable for campaign performance impacted by incomplete or inaccurate information provided by the client.
f.  All advertising materials, including ad copy, visuals, and targeting criteria, must be approved by the client prior to launch. If the client fails to provide timely feedback, Hype Haus may proceed with the campaign as scheduled or delay the launch until approval is obtained.
g. Hype Haus provides clients with access to analytics and performance data through the Hype Hub dashboard. While Hype Haus will track and optimise ads based on performance, it is the client’s responsibility to review and interpret data for broader business insights.
h. Hype Haus utilizes AI-driven tools within Hype Hub to enhance marketing and customer engagement. While AI can provide valuable insights and automation, the client acknowledges that AI-generated outputs may vary and may not always align perfectly with business goals. Hype Haus is not liable for any errors, unintended consequences, or business outcomes resulting from AI-generated content, suggestions, or automated responses.
i.  Additional charges may apply for enhanced services, such as AI-driven optimisation, SMS and email marketing, and advanced audience targeting features. These costs will be billed separately and require client approval before implementation.j.  Monthly subscription fees for digital marketing systems are outlined in Section i: Payment Terms. Non-payment will result in suspension of services, which may also impact overall campaign performance.

x.     Branding and Website
a. Branding and website projects include a defined number of revisions as outlined in the project proposal. Please refer to Section vii: Revisions for further details on revision terms and limitations.
b. Branding and website projects follow the deposit and installment terms outlined for non-hourly projects stated in Section i: Payment Terms.
c. Intellectual property rights for branding and website projects are as specified in Section xiv: Rights of Ownership and Intellectual Property. Hype Haus retains rights to showcase the project in portfolios and case studies unless otherwise agreed.
d. Hype Haus will perform final testing and provide handover documentation. Website maintenance after launch is not included unless part of a support package.
e. Clients are responsible for providing all written and visual content unless otherwise arranged. Hype Haus can provide copywriting, photography, videography and design services at additional costs.
f.  A 30-day post-launch support period is included to address minor issues. Major updates or revisions after launch will be billed separately.
g. Hype Haus will assist with setting up hosting and domains but is not responsible for ongoing hosting fees or domain renewals.

xi.     Creative Services
a. Creative services are offered through prepaid credit packs based on the number of hours purchased. Hype Haus agrees to devote up to the agreed number of hours and reserves the right to stop work once all purchased hours have been used. Hours are billed in quarter-hour (0.25) increments, and whenever possible, smaller tasks will be consolidated to maximise client benefit.
b. Payment for Creative Design Packs, including credit expiration and usage terms, is outlined in Section i: Payment Terms. Unused hours do not carry over, and it is the client’s responsibility to utilise their hours within the 6-month period. If Hype Haus is unavailable due to vacation or illness, an agreement will be made for fair compensation. Additional Hours needed in addition to the original credit pack can be purchased at any time.
c. Copywriting services are provided as draft content, completed to 80% to allow the client to add their unique perspective and make adjustments specific to their business. Hype Haus does not hold responsibility for the accuracy, effectiveness, or compliance of the final content.
d. Client-provided content requirements and other responsibilities are outlined in Section viii: Client Responsibilities and Engagement. Necessary assets and information must meet the standards set in the project proposal. If the client is unable to provide the required assets, Hype Haus may offer services at an additional cost.
e. Credits can be allocated to various creative services, including graphic design, video and photo editing. The scope is defined in each client’s individual project proposal.
f.  Content packs include a specified number of revisions for each deliverable as outlined in the proposal. For further details on revision terms and limitations, please refer to Section vii: Revisions.
g. Ownership of design files and licensing rights follow Section xiv: Rights of Ownership and Intellectual Property. Clients receive final edited assets with licensing rights for agreed-upon usage. Additional licensing options may be arranged upon request.
h. For photography or video sessions requiring travel, a fee of $30 per hour plus $0.50 per km applies. For distances over 300 km one way, a custom quote will be prepared, and all travel costs are borne by the client.
i.  Short-notice, evening, holiday, and weekend requests may incur additional fees as outlined in Section v: Short Notice, Rush, and After-Hours Requests

xii.     Social Media Management
a. Hype Haus provides social media management services aimed at building organic brand awareness through a set number of posts per week. Deliverables, such as content types, posting frequency, and platforms managed, are specified in the client’s Social Media Management (SMM) proposal.
b. The client is responsible for providing all necessary content, including photos, videos, branding, and product/service visuals. Clients must provide all necessary content and adhere to timelines, as specified in Section viii: Client Responsibilities and Engagement. If the client is unable to supply sufficient content, additional content creation services, such as photography or videography, can be arranged at an additional cost.
c. Monthly payments for social media management follow the guidelines set in Section i: Payment Terms. Non-payment will result in service suspension.
d. Hype Haus does not guarantee specific outcomes, such as sales, bookings, return on investment, or follower growth, from social media management services. Results are influenced by external factors beyond Hype Haus’s control.
e. Clients must adhere to the agreed-upon approval process, including providing timely feedback. If the client does not provide written feedback or approval by the scheduled date, Hype Haus will consider the content approved and proceed with posting as scheduled.
f.  Each social media management package includes a defined number of hours per week. If additional work is required beyond the allocated time, it will be flagged with the client and invoiced separately.
g. Requests for additional content, schedule adjustments, or changes outside of normal hours, including evenings, holidays, or weekends, may be accommodated at Hype Haus’s discretion and may incur additional fees. (See Section v: Short Notice, Rush, and After-Hours Requests)
h. Extra posts outside of the agreed posting schedule can be provided at the client’s request and will be billed at an additional hourly rate.
i.  Either party may terminate the social media management agreement with 30 days’ written notice. Retainer fees are due in full for the intended month of cancellation unless proper notice is provided.
j.  Clients may request changes to the monthly posting schedule with a 30-day notice. Upon mutual agreement, a new Social Media Management Agreement will be created to reflect any updates to deliverables and posting frequency.

xiii.     Rights of Ownership and Intellectual Property
a. Upon full payment, ownership of specified final deliverables is transferred to the client, granting them usage rights exclusively for the purposes outlined in the project agreement. These final deliverables may include:
i. Logos and Branding Assets: Full ownership rights are granted to the client for finalised logos and core branding assets, allowing unrestricted usage within their business.
ii. Website Designs and Content: Ownership of the website’s final design, structure, and client-specific content (excluding proprietary code, third-party plugins, or custom software components) is transferred, granting the client the right to use, modify, and maintain the website for business purposes.
b. For other deliverables, the client is provided with limited usage rights as specified in the project scope. This includes:
i. Photography and Videography: The client is granted usage rights for final, edited images and videos for specific agreed-upon purposes, such as social media, marketing materials, or website display. Raw footage, unedited images, and production files remain the property of Hype Haus and are not included unless otherwise agreed in writing.
ii. Designs and Marketing Collateral: The client is granted usage rights for final marketing materials and designs solely for the purposes defined in the project scope. Additional adaptation or distribution beyond the agreed purposes requires written consent from Hype Haus.
c. Hype Haus retains full ownership of all raw files, drafts, design assets, raw footage, unedited images, and any source materials created during the project. These materials are not included in the final deliverables unless explicitly specified in the agreement and may incur additional fees if requested.
d. Hype Haus retains intellectual property rights over all original content, design concepts, methodologies, and strategies developed for the project unless explicitly transferred in writing. Usage rights granted to the client are solely for the specific purposes outlined in the agreement. Unauthorised resale, reproduction, redistribution, or modification of the deliverables beyond these agreed purposes is prohibited without prior written consent from Hype Haus.
e. Hype Haus reserves the right to use completed projects, including final deliverables, for self-promotion purposes, such as marketing materials, design competitions, educational presentations, and portfolio showcases. Where appropriate, credit will be given to the client. This usage does not interfere with the client’s rights to use the final deliverables for their own purposes.
f.  Hype Haus reserves the right to include a discreet watermark or attribution link on digital deliverables, such as website or product designs, unless otherwise agreed upon in writing. This watermark signifies Hype Haus’s role in creating the deliverable and upholds intellectual property attribution.
g. Any transfer of rights beyond the specified purposes requires prior written consent from Hype Haus. Additional fees and terms may apply, and all expanded usage rights will be documented and agreed upon in a separate addendum or licensing agreement.

xiv.     Confidentiality
a. Both parties agree to keep all confidential information private and not disclose it to third parties unless required by law. Confidential information includes proprietary data, client lists, project details, and any other business-sensitive information shared during the course of the project.

xv.     Non-Solicitation
a. For a 12-month period post-contract, Hype Haus will not encourage client employees, contractors, or customers to cease their business with the client or solicit employees of the client.

xvi.     Limitation of Liability
a. Neither party is liable for any special, indirect, incidental, or consequential damages, nor loss of data, profits, or revenue arising from this agreement, except to the extent that such liability cannot be excluded under Australian Consumer Law. Hype Haus’s liability for damages related to this agreement, where permitted by law, shall be limited to the fees paid by the client for the services rendered.
b. Any limitation or waiver of liability does not apply to Hype Haus’s obligations regarding the confidentiality of client information.

xvii.     Indemnification
a. The client agrees to indemnify Hype Haus against any claims, judgments, or costs arising from actions related to this agreement. This obligation to indemnify will survive the termination of the agreement.

xviii.     Termination of Services
a. Hype Haus reserves the right to terminate services due to material breaches of the agreement, any termination will be communicated with at least 14 days’ notice to allow the client an opportunity to resolve outstanding issues.
b. A material breach includes but is not limited to: non-payment, providing inaccurate or incomplete information necessary for service provision, failure to provide feedback within agreed timelines, or any action or inaction that prevents Hype Haus from performing services as outlined in this agreement.c. In case of termination, the client is responsible for payment of any outstanding balance, and Hype Haus will bill for any completed work up to the termination date.

xix.     Dispute Resolution
a. This agreement is governed by Australian law. In the event of a dispute, both parties agree to attempt resolution through mediation with an independent mediator agreed upon by both parties before pursuing further legal action. If a suitable mediator cannot be mutually agreed upon, the parties agree to select a mediator from the Australian Disputes Centre.

xx.     Rights of Refusal
a. Hype Haus reserves the right to refuse inclusion of immoral, offensive, or illegal content. Unauthorised material may be removed without penalty. Hype Haus reserves the right to make decisions regarding content inclusion solely at its discretion.

Terms and Conditions last updated on November 2024.