Terms of Service
Overview of Terms and Conditions
Thank you for choosing Lange Creative Lab, a division of Lange Creative Company Pty Ltd (“The Company”) (ABN 79 677 902 993). These Terms of Service (“Terms”) govern your use of our services, including branding, digital strategy, web development, and creative media. By engaging our services, you agree to these Terms.
Definitions
“Company” means Lange Creative Company Pty Ltd, its officers, employees, contractors, and assignees.
“Client” means the individual, business, advertiser, or organisation that enters into an agreement with the Company for the provision of services.
“Agreement” means these Terms and Conditions together with any proposal, quotation, service agreement, schedule, annexure, or written variation agreed between the Company and the Client.
“Services” means all services supplied by the Company to the Client, including but not limited to branding, design, content creation, photography, videography, web development, hosting, digital strategy, marketing, social media management, consultancy, and any other creative or strategic services.
“Deliverables” means the specific materials, designs, strategies, or outputs produced by the Company for the Client in connection with the Services.
“Intellectual Property Rights” means all present and future rights in copyright, trademarks, designs, patents, moral rights, trade secrets, and any other proprietary rights recognised by law, whether registrable or not.
“Confidential Information” means any information disclosed by either party to the other that is not publicly available, including business strategies, financial information, client lists, trade secrets, and other proprietary data.
“Fees” means all amounts payable by the Client to the Company for the Services, including but not limited to service fees, deposits, retainers, expenses, campaigns, creative, placement, production, management, installation and disbursements.
“Advertising Material” means any creative, artwork, copy, or content to be used in a campaign.
“Campaign Placement” means the media channels, platforms, or advertising spaces booked by The Company on behalf of the Client.
“Final Artwork” means the final approved design by the Client with the intent to be used across all brand applications and marketing materials.
“Payment Terms” means the agreed schedule for payment of Fees, as specified in invoices, proposals, or service agreements issued by the Company.
“Minimum Term” refers to the minimum duration liable for monetary compensation under any agreement.
“Variation” means any change, amendment, or addition to the scope of Services or Deliverables, whether requested by the Client or required by circumstances, that has been accepted in writing by the Company.
“Business Day” means a day other than a Saturday, Sunday, or public holiday in the state or territory where the Company is registered.
“Force Majeure Event” means any event beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, government actions, strikes, lockouts, epidemics, or failure of suppliers.
“Termination” means the ending of the Agreement by either party in accordance with the termination provisions set out in these Terms and Conditions.
“Stakeholder” means any individual, entity, or organisation involved in, or with a vested interest in, the project, services, or deliverables provided by the Company. This includes, but is not limited to, the Client, third-party collaborators, partners, contractors, or any other party whose actions, approvals, or contributions may affect the delivery, execution, or outcome of the Services.
Client Responsibilities & Liability
Content Accuracy: The Company assumes that all content provided by the Client has been proofed and approved before distribution.
Timely Payment: Services, deliverables and other activities may be suspended if payment is not received by the invoice due date.
Provision of Assets: The Client agrees to provide the Company with all assets required for commissioned projects (including but not limited to corporate branding, logos, brand guidelines, imagery, copy, briefs, login credentials, and any other applicable materials), in a timely manner and in a usable format, to enable the Company to complete the work within the agreed timeline. The Client agrees to provide timely feedback and approvals alongside these assets to keep the project on schedule.
The Company is not responsible for delays caused by late, incomplete, or unsuitable assets, feedback, or approvals provided by the Client; any resulting timeline adjustments are not at the fault of the Company. The Client warrants that they own or hold the necessary rights and licences to all assets provided, and agrees to indemnify the Company against any claims arising from the use of Client-supplied materials.
Service Fees and Payment Terms
Standard Fees: Changes to approved artwork incur a fee of $150.00 per hour (ex. GST), with quotes provided beforehand in most cases.
Payment for project-based work is structured across three milestones:
50% non-refundable initial payment, due prior to commencement (for projects under $1,000 ex. GST, 100% is payable upfront)
25% due upon delivery of the first draft for review
25% due at final handover
Work will not commence, progress to the next stage, or be released until the relevant payment stage has been received. No refunds are provided once a payment stage has been invoiced and work on that stage has begun.
Retainer Fees: Retainer fees are due by the 25th of each month, in advance of the service period commencing the following month. Non-payment by this date may result in suspension or delay of retainer services until the account is brought up to date.
Artwork Release Fee: If the Client requests working files, source files, or preliminary assets prior to project completion, a release fee of 50–100% of the original project value applies, at the Company’s discretion based on project stage. Payment of this fee releases the Company from all indemnification obligations once these files are handed over to the Client.
Late Payment: Payment is due on the dates specified above. If payment is not received by the due date:
A late fee of 0.5% per day overdue applies to the outstanding amount, up to a maximum of 15%.
Work on the relevant project or retainer will be paused after 7 days of non-payment.
If payment remains outstanding 14 days after the due date, the Company reserves the right to suspend or cancel Services, reallocate associated costs to recover losses, and/or engage a debt collection agency to recover the amount owed, with any resulting costs payable by the Client.
Failure of payment: The Company reserves the right to utilise Debt Collection Agencies to recoup outstanding amounts. Debt collection fees are the client’s responsibility once engaged.
Refunds
All projects require a non-refundable initial payment of 50% over $1000 (ex GST) or 100% for projects under $1000.. No refunds are provided for completed work beyond this payment.
Refunds are not offered on any Fees paid, including but not limited to deposits, milestone payments, retainer fees, hosting fees, campaign or ad management fees, and any other Fees payable under this Agreement.
By engaging our Services and making payment, the Client acknowledges that:
- All Fees are payable in exchange for time, resources, and work committed by the Company, regardless of whether the Client chooses to pause, cancel, or discontinue a project or service partway through.
- Dissatisfaction with a Deliverable does not constitute grounds for a refund. The Client’s remedy in this circumstance is to raise feedback within the agreed revision process outlined in these Terms.
- Once a payment stage has been invoiced and work on that stage has commenced, no portion of that payment will be refunded, regardless of the amount of work completed at the time.
- Where a service (such as hosting) is billed in advance for a fixed term, no refund will be provided for any unused portion of that term if the Client cancels, terminates, or moves the service elsewhere before the term ends.
Intellectual Property and Copyright
Ownership of Artwork: Copyright to completed artwork remains with the Company until final payment is received, after which clients receive a license for usage as outlined in the project agreement. Working files and source files remain the intellectual property of the Company unless otherwise agreed.
The Client will own the final deliverables upon full payment, including all rights to use, modify, and reproduce the work for any purpose.
The Company retains ownership of all preliminary work, drafts, source files, RAW files, and concepts created during the project unless specifically included in the final deliverables.
The Company retains the right to use the project deliverables in their portfolio, marketing, online presence and for self-promotion.
Website Accreditation: Our websites include an accreditation link unless otherwise agreed. Removal incurs a fee of $500 (inc. GST) annually if hosted on our server and network without.
Any trademarks and copyrights related to the design shall be transferred to the Client upon project completion.
The Client warrants that any materials or intellectual property supplied to The Company for use in any project (e.g., logos, images, text) are owned by the Client or licensed for use.
Fonts: Fonts used in designs are outlined or rasterized. Clients must legally acquire commercial fonts independently or The Company can purchase it on behalf of the client at the cost of the license. Purchasing the rights or license directly allows the client to utilise exclusively otherwise The Company reserves the right to utilise it within the scope of our business.
Ownership: All intellectual property developed by the Agency during the provision of Services shall remain the property of the Agency until the Client has fulfilled all payment obligations under this Agreement.
License: Upon full payment, the Agency grants the Client a non-exclusive, non-transferable license to use the deliverables for their intended purpose.
Artwork & Design Terms
The Company will provide the Client with drafts or concepts for approval. The Client is entitled to two (2) revisions per project, or as outlined in the project proposal. Additional revisions outside the agreed scope may be subject to further charges. Approval of Deliverables constitutes acceptance and finalisation of the work.
The Client warrants that any materials or intellectual property supplied to The Company for use in any project under this service (e.g., logos, images, text) are owned by the Client or licensed for use.
Client-provided assets for artwork and design projects are governed by the Provision of Assets clause under Client Responsibilities and Liability.
Any trademarks and copyrights related to the artwork and designs shall be transferred to the Client upon project completion via receipt of final deliverables in exchange of final payment to the Company.
The Client will own the final deliverables upon full payment, including all rights to use, modify, and reproduce the work for any purpose.
The Company retains ownership of all preliminary work, drafts, source files, RAW files, and concepts created during the project unless specifically included in the final deliverables. Fees for any release of working files, source files, or preliminary assets are governed by the Artwork Release Fee clause under Service Fees and Payment Terms.
The Company retains the right to use the project deliverables in their portfolio, marketing, online presence and for self-promotion.
This policy extends to all services provided by the Company including but not limited to graphic design, website design, social media design, content creation, photography, videography and all other creative services requiring design services.
These terms are also bound by our Service Fees and Payment Terms.
Branding & Graphic Design Services
Basic Identity Development
- Includes the development of a logo, colour palette, typography, brand messaging, and an executed Branding Guideline, together with print, social, digital, and signage mockups, plus production-ready files.
- Two revision rounds are included. Additional revisions are billed at the current Creative Labour Hourly rate.
- Production costs (e.g. printing, signage fabrication) are excluded and quoted separately.
- Final production-ready files are released only upon payment in full.
Brand Strategy Session
- A single 1:1 strategy workshop covering brand values, target audience, tone of voice, positioning, and a strategic action plan.
- Outputs are strategic recommendations and direction; they do not include design or production files unless purchased separately (e.g. as part of Brand Guidelines Generation).
- Where purchased as a standalone session, it may later be credited toward a Brand Guidelines Generation package at Lange’s discretion, subject to the offer being current.
Brand Style Sheet Generation
- Delivered as a single PDF document summarising logo usage, colour palette, typography, imagery style, and iconography.
- Does not include a strategy session, production-ready source files, or physical/print collateral unless otherwise agreed.
Brand Guidelines Generation
- Includes a complimentary Brand Strategy Session, logo usage and variations, colour palette, typography, imagery and graphic style guidelines, iconography, and design rules (where applicable).
- Delivered as a single PDF document. Physical/printed copies, if required, are quoted separately.
Small / Medium / Large Sized Projects
- Project ‘size’ is determined by Lange at quoting stage based on scope, complexity, and number of deliverables discussed with the Client.
- Included revision rounds are: two (Small), three (Medium), and five (Large). Revisions beyond this allowance are billed at the Creative Labour Hourly rate.
- Final deliverables are provided as PDF files unless another format is agreed in writing. Editable native source files are not included unless separately purchased.
Designer Day Rate
- Reserves a dedicated designer for up to 9 hours on an agreed date.
- Unused hours do not roll over or carry credit to future bookings.
- Best suited to ad hoc, overflow, or fast-turnaround work; scope must be broadly agreed prior to the booked day to ensure efficient use of time.
Creative Labour Hourly Services
- Billed at $250.00 per hour with a minimum booking of 4 hours.
- Covers brand strategy, graphic design, website design, content creation, post-production, and creative direction as needed.
- Time is billed in line with actual hours worked, tracked and reported to the Client on request.
These terms are also bound by our Service Fees and Payment Terms.
Web Development & Hosting Terms
Hosting Terms: Clients are bound by our Web Hosting and/or Email Hosting Agreement, which covers acceptable use, payment obligations, client liability, and termination terms.
Final Payment for Launch: Websites and online marketing materials are only made live upon final payment.
Electronic Commerce Compliance: Clients are responsible for ensuring compliance with all electronic commerce laws, holding the Company harmless for any related claims.
By proceeding with any web development, software licensing, or digital service provided by the Company, the client acknowledges and agrees that:
Access Permissions: Full administrative access to the client’s website hosting environment (including cPanel, CMS admin, FTP/SFTP, and/or domain registrar as required) must be granted to the Company prior to the commencement of any services.
Two-Factor Authentication (2FA): The Client must enable 2FA on all relevant accounts. The Company shall not be liable for any breaches resulting from the Client’s failure to implement adequate security measures.
Domain Names & DNS: All domain names remain the property of the Client, regardless of who initially registers them. Where the Company registers or renews a domain on the Client’s behalf, this is done as a convenience only, and the Client remains responsible for all associated costs. The Company does not manage or maintain the Client’s DNS on an ongoing basis; the Client is responsible for ensuring the Company has the necessary DNS access at all times while the Client’s website is hosted or managed by the Company, to allow for configuration of records as required (e.g. hosting setup, email deliverability, domain verification, or third-party integrations).
Should the Client redirect, modify, or remove DNS or domain access without prior written notice to the Company, the Client assumes full responsibility and liability for any resulting data loss, downtime, or service interruption. The Company is not responsible for the policies, pricing, or service failures of third-party registrars, and a domain transfer or unlock fee may apply where the Client requests transfer of a domain away from the Company’s management.
Third Party Access: The Company does not provide server, hosting environment, or backend access to any third-party developer, agency, or contractor engaged by the Client. Any development, maintenance, or technical work required on the Client’s website or hosting environment while it is managed by the Company must be carried out by the Company or its authorised subcontractors. Where the Client wishes to engage a third-party, the Client must first arrange for the site to be transferred or migrated away from the Company’s hosting and management, in accordance with the Domain Transfers provisions above, or disclose to the Company of the third-party to initiate an authorised subcontractor arrangement between the Company and the third party.
Software Installation & Updates: Our services may require the installation of third-party or custom software. This includes, but is not limited to, CMS platforms, plugins, themes, security patches, and integrations. Permission to install and maintain such software must be granted before the sale is finalised.
Ongoing Maintenance: To ensure performance, security, and compatibility, we provide regular updates and maintenance to installed software. Continued access is necessary to perform these updates. Clients acknowledge that failure to provide or maintain such access may limit or void service delivery, functionality, or support obligations.
No services will commence until all necessary permissions and accesses have been confirmed in writing by the client.
The Client warrants that any materials or intellectual property supplied to The Company for use in any project under this service (e.g., logos, images, text) are owned by the Client or licensed for use.
Client-provided assets for artwork and design projects are governed by the Provision of Assets clause under Client Responsibilities and Liability.
Any trademarks and copyrights related to the artwork and designs shall be transferred to the Client upon project completion via receipt of final deliverables in exchange of final payment to the Company.
The Client will own the final deliverables upon full payment, including all rights to use, modify, and reproduce the work for any purpose.
The Company retains ownership of all preliminary work, drafts, source files, RAW files, database files, and concepts created during the project unless specifically included in the final deliverables. Fees for any release of working files, source files, or preliminary assets are governed by the Artwork Release Fee clause under Service Fees and Payment Terms.
These terms are also bound by our Service Fees and Payment Terms.
Brand & Website Package Terms
All tiers include full Brand Development (logo, colour palette, typography, brand messaging, Branding Guideline, mockups, and production-ready files), a WordPress or Shopify build, a nominated number of pages, a lead-generation form, a nominated volume of stock images, and 12 months’ hosting (WordPress builds only).
Two revision rounds are included on the brand and website design components combined; additional revisions are billed at the current Website/Software Design Labour rate.
Page counts, stock image allowances, and form counts are as listed for each tier (Basic: up to 4 core pages; Standard: up to 12 pages; Premium: up to 20 pages) and are inclusive maximums, not per-page pricing.
Content (copy) is to be supplied by the Client unless Content Rewriting is separately purchased as an add-on.
Ecommerce functionality (Shopify) may incur third-party platform subscription fees payable directly by the Client to Shopify, which are not included in the package price.
Ongoing hosting beyond the included 12 months is billed at the then-current Website Hosting rates (Section 7) and applies to WordPress builds only; Shopify hosting is managed directly through the Shopify platform and billed by Shopify.
Any service listed as an ‘Add On’ under Website Design or Website Hosting (Section 5 and 7) applies equally to Brand & Website Packages where relevant.
Website Design Terms
Each tier includes a WordPress or Shopify build with the stated page allowance, a lead-generation form, stock image allowance, and 12 months’ hosting (WordPress builds only).
Page counts and stock image allowances are inclusive maximums for the stated tier (Basic: Home/About/Contact/Blog/Privacy/T&Cs; Standard: up to 12 pages; Premium: up to 20 pages).
Content (copy) is to be supplied by the Client unless Content Rewriting is purchased as an add-on.
‘Website in a Week’ requires the Client to supply all content and imagery in full prior to build commencement; the one-week turnaround timeframe is contingent on timely Client supply of assets and feedback, and applies to service, trade, or professional-services and ecommerce template builds only.
Shopify subscription fees and any third-party app/plugin costs are payable directly by the Client and are not included in the package price.
Liability
The Company’s total liability in connection with this service is limited to the amount paid by the Client for the package.
The Company is not liable for indirect or consequential loss, including loss of business or lost sales, arising from use of the redesigned website, or for pre-existing issues on the Client’s site that fall outside the agreed scope.
These terms are also bound by our Service Fees and Payment Terms.
Website in a Week / Website Redesign in a Week
Website in a Week is a fixed-price, fast-turnaround website build priced intended for businesses in ecommerce, trade services, or professional services who can supply finished content up front.
All inclusions of a Standard Build: WordPress or Shopify build, up to 12 pages, Privacy Policy & Terms and Conditions pages, 1 lead-generation form, up to 10 stock images, and 12 months’ hosting (WordPress builds only), 1 service or ecommerce template page, Content and imagery supplied by the Client.
Additional stock imagery, additional forms, stock footage, extra design or software labour, or content rewriting are not included.
Website Redesign in a Week is a fixed-price, fast-turnaround refresh of an existing website. Includes a rapid refresh of the Client’s existing site plus up to 10 newly built pages, 1 service or ecommerce template page, a website audit report, content rewriting, up to 10 stock images, and 1 lead-generation form.
The 7-day build timeframe begins on the date the Company confirms it has received all required content and imagery in final, ready-to-publish form (see Section 3), not the date of booking or deposit payment.
If content or imagery is incomplete, unclear, or requires significant editing on receipt, te Company will notify the Client and the one-week timeframe will be paused until complete materials are supplied. The one-week timeframe assumes the Client provides feedback and final sign-off within 24 hours of each review point. Delays in Client feedback will extend the delivery date on a day-for-day basis.
Domain and hosting/DNS access (or new domain registration instructions) must be provided by the Client before the build can go live; delays here do not extend the design/build timeframe but will delay the go-live date.
Content & Imagery
Because this package is priced for rapid delivery, the Client is responsible for supplying all website copy and imagery in near-final form before work begins. Content should be supplied as organised, page-by-page text (e.g. in a document or spreadsheet) and image files should be print/web-ready (not low-resolution screenshots).
If the Client instead wants the Company to write or rewrite content, this can be added via the Content Rewriting add-on, which will also extend the delivery timeframe accordingly. The Company is not responsible for factual errors, broken links, or non-compliant content supplied by the Client and published at the Client’s direction.
Revisions
Given the compressed timeframe, this package includes one round of minor revisions (text/image swaps, small layout tweaks) following the initial build.
Revisions must be consolidated into a single list and submitted within 48 hours of delivery. Requests submitted after this window, or requests involving new pages, restructuring, or new functionality, will be quoted separately at the current Website Design Labour rate.
Payment
A non-refundable deposit of 50% is payable to confirm the booking and reserve the build slot; the remaining 50% is due before the site is published live.
Because build slots are reserved in advance, cancellations within 5 business days of the confirmed start date forfeit the deposit in full.
If the Client delays supplying content past 30 days from deposit payment, the Company reserves the right to treat the booking as cancelled and the deposit as forfeited; the Client may re-book subject to availability and current pricing.
Breach of Terms – Right to Convert to Standard Build
If the Client breaches these Terms, including but not limited to failing to supply complete content and imagery within the timeframe set out in Section 3, failing to provide feedback or sign-off within the windows set out in Section 2, failing to pay the deposit or balance when due, or repeatedly requesting scope beyond that agreed, the Company reserves the right, at its sole discretion, to convert the engagement from Website in a Week to a Standard Build package.
Where this occurs, the engagement will proceed under the pricing, inclusions, revision allowance, and standard delivery timeframe applicable to the Company’s Standard Build package in place of the terms on this page, and the expedited one-week delivery commitment will no longer apply.
Any amount already paid in excess of the then-current Standard Build price will be credited against the Client’s remaining balance. The Company will notify the Client in writing if an engagement is converted under this clause.
Converting an engagement under this clause does not limit any other right or remedy available to Lange, including cancellation fees under Section 5.
Additional Add-Ons/Fees
If the Client’s needs exceed the package inclusions, add-on fees apply per our standard pricing guide.
Any add-on requested will be quoted and confirmed in writing before being actioned, and may extend the delivery timeframe.
Hosting
This package covers the redesign of the website itself; hosting is not automatically included unless the Client is already on, or separately purchases, a Website Care & Hosting plan.
If the existing site is hosted elsewhere, The Company will work within that hosting environment; migration to The Company’s hosting (if desired) is available for an additional migration fee.
Ownership & Intellectual Property
Ownership of the redesigned pages, new content, and files transfers to the Client upon payment in full.
Stock images and any licensed plugins/themes used remain subject to their original licence terms, and the Client’s usage rights are limited accordingly.
The Company may showcase the completed redesign in its own portfolio and marketing unless the Client requests confidentiality in writing prior to commencement.
Liability
The Company’s total liability in connection with this service is limited to the amount paid by the Client for the package.
The Company is not liable for indirect or consequential loss, including loss of business or lost sales, arising from use of the redesigned website, or for pre-existing issues on the Client’s site that fall outside the agreed scope.
These terms are also bound by our Service Fees and Payment Terms.
Photography, Videography & Content Creation Terms
Bookings & Pre-Shoot Consultation
A pre-shoot consultation is included with most packages (see the Pricing Brochure for the specific package) to confirm styling, shot list, schedule, and logistics.
Bookings are confirmed on payment of a deposit (see Section 8). Shoot dates and times are reserved exclusively for the Client once confirmed.
Deliverables & Edited Image/Video Allowances
Edited image, reel, and video counts stated for each tier are maximum allowances, not guarantees. The exact number of final deliverables depends on the shoot outcome and Lange’s professional judgement on final selects.
Final images and video are delivered electronically in the formats specified for the relevant package (e.g. high/web/social resolution, vertical/horizontal reels).
Raw or unedited files (images, video, or audio) are not included in any package and remain the property of Lange unless separately purchased.
Delivery timeframes are as follows unless otherwise agreed: Real Estate Listings within 48 hours of the shoot; all other services within an agreed post-production timeframe confirmed at booking or during the pre-shoot consultation.
Client Responsibilities
The Client is responsible for ensuring products, dishes, venues, properties, or subjects are presentation-ready (styled, plated, tidy, and accessible) at the agreed shoot time.
Delays caused by the Client’s readiness (e.g. products not prepared, venue access denied, property not staged) may reduce the effective shoot time within the booked hours and may incur a return-visit or reshoot fee.
For Real Estate Listings, standard delivery is also subject to weather conditions at the time of the scheduled shoot (particularly for exterior or twilight photography); styling and staging services are not included.
These terms are also bound by our Service Fees and Payment Terms.
Monthly Retainer Service Terms
Each package allows the Client to select up to the stated number of services from The Company’s service suite (Graphic Design, Website Design, Photography, Social Media Management, Content Creation, Videography, Meta/Google/LinkedIn Ads Management, Search Engine Optimisation, Out of Home Advertising Liaison, and Public Relations & Event Coordinating), as tiered in the Pricing Brochure.
Photography volume allowances differ by tier (Single: up to 100 images/month; Dual: up to 200; Multi: up to 500; Quad, Star, and Full: unlimited, subject to fair and reasonable use).
All Monthly Service Packages require a minimum 6-month contract term, plus a mandatory onboarding month prior to commencement, billed at $700.00 +GST.
Monthly fees are billed in advance and are payable regardless of whether the Client fully utilises the included services in a given month; unused allowances do not roll over to subsequent months.
Each package includes one monthly strategy call, a monthly analytics report and/or summary, and priority support during business hours.
Production costs, website hosting, catering, travel, hire fees, and paid advertising spend (Ad Spend) are excluded from all Monthly Service Package fees and are payable separately by the Client.
Ad Spend for Google, Meta, or LinkedIn campaigns is paid directly by the Client to the relevant advertising platform, or reimbursed to the Company if paid on the Client’s behalf, and is in addition to the management fee included in the package.
Early termination prior to the completion of the minimum 6-month term (excluding the onboarding month) may incur an early termination fee equivalent to the remaining months’ fees, or as otherwise agreed in a signed services agreement.
Either party may terminate the arrangement at or after the completion of the minimum term by providing 30 days’ written notice.
Where a Client changes package tier mid-contract, the new minimum term and onboarding conditions may apply at the Company’s discretion.
These terms are also bound by our Service Fees and Payment Terms.
Digital Marketing Terms
Ad Spend: The Client is solely responsible for all advertising spend on platforms such as Google Ads and Meta Ads. The Agency shall not be liable for any costs associated with ad spend.
Special Campaigns: For special campaigns or promotions, fees are payable monthly in advance as specified in the Statement of Work.
Account Access: The Client shall provide the Company with necessary access to relevant accounts to perform the Services.
Two-Factor Authentication (2FA): The Client must enable 2FA on all relevant accounts. The Company shall not be liable for any breaches resulting from the Client’s failure to implement adequate security measures.
Third-Party Access: The Agency will not perform work on any account that is concurrently accessed by another agency or third party, to mitigate risks of sabotage or security issues.
These terms are also bound by our Service Fees and Payment Terms.
Advertising Terms
The Company agrees to provide advertising on behalf of the Client and related services where set out your agreement.
Any variation to campaigns must be agreed in writing by both parties.
The Client must supply all required content (logos, images, copy, brand guidelines) to the Company to execute campaigns on your behalf, unless otherwise provided or retained by the Company to execute.
The Company will provide proofs for the Client to approve prior to final production, schedule or placement.
Approval of Final Artwork is the Client’s responsibility unless otherwise disclosed. Once approved, the Company will not be liable for errors, omissions, or legal issues within the content.
The Client indemnifies the Company against any claims, fines, penalties, or losses arising from the content or publication of Advertising Material.
The Company will use reasonable efforts to secure placements as agreed in writing with the third party providing the service on behalf of the Client.
Placement may be subject to third-party platform approval (e.g. Meta, Google, Out-of-Home Media publishers). If placement is refused, the Company will advise the Client and seek alternatives or negotiate within reasonable efforts to secure placement at a later date.
The Company does not guarantee audience reach, impressions, or engagement outcomes unless expressly stated in writing.
These terms are also bound by our Service Fees and Payment Terms.
Generative AI Usage
Effective for all client engagements, briefs, and deliverables
Purpose
This policy sets out how generative artificial intelligence (AI) tools may and may not be used in connection with work produced by Lange Creative Lab (“the Agency”, “we”, “us”) on behalf of our clients (“you”, “the Client”). It applies from the point a brief, concept, draft, asset, or any other deliverable is shared with you, through to final use.
Policy Statement
Client briefs, strategy documents, creative concepts, copy, designs, photography, video, and any other materials produced by Lange Creative Lab are the product of professional expertise, original thinking, and time invested specifically in your brand. Accordingly:
Clients must not input, upload, paste, or otherwise submit any Agency-authored brief, strategy, concept, draft, or deliverable into a generative AI tool (including but not limited to ChatGPT, Claude, Gemini, Copilot, Midjourney, or similar platforms).
Clients must not use generative AI to edit, “improve”, remix, extend, or regenerate variations of work supplied by the Agency without our prior written consent.
Clients must not use generative AI to evaluate, summarise, or generate feedback on Agency deliverables in place of direct collaboration with our team.
This restriction applies regardless of the stage of the project — drafts, concepts, and “working” versions are covered equally alongside final files.
Justifications and reasoning
We use select tools responsibly within our own process, however we prioritise protecting ownership, originality, copyright infringement, expectations and exclusivity.
Originality: Running our creative work through generative AI risks diluting or homogenising strategic thinking that was built specifically for your brand, your audience, and your market position.
Confidentiality: Third-party AI platforms may store, process, or use submitted content to train their models. Our briefs often contain commercially sensitive strategy, competitive insight, and unreleased creative — this should never leave a closed, trusted environment.
Intellectual property: Feeding our deliverables into AI tools can create ambiguity around authorship and ownership, and may compromise the IP protections outlined in your service agreement with us.
Quality and integrity: Every recommendation we make is grounded in research, experience, and a genuine understanding of your brand — something generative AI cannot replicate from a brief alone.
Scope of Ownership and Confidentiality
All briefs, concepts, drafts, and deliverables remain the intellectual property of Lange Creative Lab until full payment and formal transfer of rights has occurred, as set out in your service agreement. Materials shared with you for review or approval are provided in confidence and are not to be reproduced, processed, or repurposed through any third-party platform, including generative AI tools, without our written permission.
Acceptable Use
To be clear about what remains acceptable in accordance with this policy;
Discussing, reviewing, and providing feedback on our work directly with our team.
Sharing drafts internally within your organisation for approval purposes, through secure, standard business channels.
Asking us directly if you’d like to explore how a particular AI-assisted approach might fit into a project — we’re always open to that conversation, on our terms and within a controlled process.
If you’re ever uncertain whether a particular use falls within this policy, please check with us before proceeding. We’d always rather have that conversation upfront than deal with the consequences of a breach after the fact.
Breach of This Policy
Any breach of this policy will be treated as a serious matter and may result in suspension of the current project, additional fees to account for remedial work, and/or termination of our service agreement, in accordance with the relevant clauses of your contract.
These terms are also bound by our Service Fees and Payment Terms.
Not-For-Profit organisation terms
Registered not-for-profit organisations, community organisations, and social enterprises are entitled to a 20% discount across all services listed in the Pricing Brochure.
To claim the discount, the Client must disclose their not-for-profit status at the time of enquiry or booking. The Company will verify the organisation’s registration (e.g. ACNC registration or equivalent) before applying the discount.
The discount applies to Lange’s service fees only and does not extend to third-party costs such as production, printing, hosting beyond included allowances, stock licensing, Ad Spend, or vendor fees.
The discount cannot be combined with other promotional offers unless expressly stated, and may be varied or withdrawn by Lange for future engagements at its discretion.
Confidentiality
Confidential Information refers to any data and/or information obtained in our business in any form, including but not limited to oral or written. Such Confidential Information includes, but is not limited to, any information related to the business or industry of the Client, such as discoveries, processes, techniques, business processes, programs, knowledge bases, customer lists, intellectual property, potential customers, business partners, affiliated partners, leads, know-how, or any other products and/or services.
The Company agrees to maintain confidentiality regarding all non-public information and to use such information solely for the purpose of providing services, except where disclosure is required by law. The Company agrees to uphold information as confidential and not disclose them to third parties without written consent, unless legally required.
The Company keeps all project-related information and materials confidential, including but not limited to any proprietary information, creative concepts, and client data.
The Company agrees not to disclose, copy, clone, or modify any confidential information and agrees not to use any such information without obtaining written consent from any required parties.
Exceptions: Confidential information does not include information that is publicly available or was known prior to disclosure.
Cancellations
If the Client requests a pause in projects, the Client must provide 7 days notice prior to the pause date and may be responsible for a non-refundable holding fee (calculated $100 per week on pause), or a cancellation fee due immediately.
Cancellation fees may be a fixed sum or a portion of the total cost at the Client. This decision is at the discretion of The Company.
If the Client is unhappy with any Service or Deliverable, the Client must first notify the Company in writing and provide the Company with a reasonable opportunity to investigate and remedy the issue before pursuing any other action, including but not limited to a chargeback, dispute, refund claim, negative review, or legal proceeding.
Should the Client take such action without first allowing the Company the opportunity to remedy the issue, the Client forfeits any right to remedy, refund, or compensation in relation to that issue and may be subject to further action, including recovery of any costs incurred by the Company in responding to the dispute (such as chargeback fees, debt collection fees, administrative costs, or legal fees).
Liability Release
Stakeholders hereby release and discharge the Company, its officers, directors, employees, and agents, from any and all claims, demands, damages, actions, or causes of action arising out of or in connection with the Company’s use of our external property.
Both parties agree to indemnify and hold the other harmless from any and all losses, liabilities, damages, or expenses (including attorney’s fees) incurred as a result of either Parties’ use of the other’s property or premise.
The Client agrees to indemnify and hold The Company harmless from any claims of intellectual property infringement arising from materials provided by the Client.
The Company shall not be held liable for any indirect, special, or consequential damages arising from the use or misuse of the project deliverables. The Client assumes full responsibility for how the deliverables are used after project completion.
The Company’s liability is limited to the total amount of Fees paid by the Client under this Agreement as at the date the event giving rise to the liability arose.
Warranties and Disclaimers
Project Timelines: We aim to meet timelines as agreed; however, delays may occur if required client materials are not provided on time, or the client requests postponement or a delay in the project.
Service Availability: The Company does not guarantee uninterrupted service. We are not liable for any interruptions or issues arising from external providers or unforeseeable events.
Limitation of Liability: Our liability for any claims related to services provided is limited to the amount paid by the client for the particular service in question.
Third-Party Content and Subcontracting
Warranty on Content: Clients warrant ownership or permission to use any content provided for inclusion in artwork or web pages, indemnifying the Company against claims of infringement.
Subcontracting Rights: We reserve the right to assign subcontractors to help fulfill project requirements and adhere to deadlines where and if required.
Legal Disclaimer
The Company disclaims liability for any interruptions or issues arising from web performance or third-party hosting and internet services. Clients are responsible for compliance with electronic commerce laws, indemnifying the Company for any related claims.
Nothing in these terms excludes any consumer guarantee that cannot lawfully be excluded under the Australian Consumer Law.
Changes to Terms
The Company reserves the right to modify these Terms at any time. Any changes will be posted on our website, and continued use of our services signifies acceptance of the revised Terms.
Contact Us
For more information, please contact us at lab@langecreative.au