Monday Media
Terms & Conditions
These Terms apply to all services supplied by Monday Media unless replaced or amended in writing.
1. Definitions
Client means the party named in the proposal.
Project means the services and deliverables described in the proposal.
Deliverables means the output for each phase as set out in the proposal.
SaaS means software as a service supplied by Monday Media.
Business Day means a day that is not a Saturday, Sunday or public holiday in Western Australia.
If there is any inconsistency between the proposal and these Terms, the proposal prevails.
2. Scope of Services
Monday Media will provide the services detailed in the proposal. This may include strategy, brand development, web development, content creation, SaaS development, CRM design or configuration, ongoing management and rollout support. Anything not stated in the proposal is out of scope and will be quoted separately.
3. Quotes, Invoicing and Payment
Quotes are in Australian dollars and exclude GST unless stated otherwise.
Quotes are valid for three months.
Unless agreed otherwise:
-
A deposit of 50 percent of the total project fee is required to begin work and the balance is due upon completion and final approval.
-
Alternatively, the Client may pay one third upfront, one third at the agreed midpoint and one third upon completion if agreed at the outset.
-
Payments may be made by electronic bank transfer or EFTPOS.
Work may be suspended if an invoice is unpaid fourteen days after its due date.
If unpaid after a further twenty eight days, the debt may be referred to a collector and reasonable recovery costs may be passed on to the Client.
Payment of any invoice is treated as acceptance of the proposal and these Terms.
4. Changes in Scope and Additional Work
All work is delivered according to the approved proposal. The Client is responsible for confirming that the scope reflects all required functionality and expectations before work begins.
If the Client requests changes, additions or new functionality that fall outside the agreed scope, these will be treated as variations and quoted separately.
Where additional work is approved, Monday Media will bill at the standard hourly rate of 110 dollars plus GST unless a separate fixed quote is agreed.
Work that must be redone due to changes of mind, new internal direction, late discovery of requirements or delays in the Client providing information or approvals will be billed as new work.
5. Approvals, Revisions and Acceptance
Creative and technical work involves professional judgement. Unless stated otherwise:
-
Web design concepts include one round of minor revisions.
-
Video edits include one round of minor revisions based on the approved concept.
-
CRM or SaaS revisions include one round of minor adjustments during testing, provided the changes remain within the agreed scope and functionality defined in the signed proposal.
A minor revision is one that can be completed in less than three hours and does not alter structure, workflow, logic or core functionality.
Changes to voiceover scripts after approval, changes to approved music or edits required due to incomplete permissions are not included and will be billed separately.
The Client must provide consolidated feedback within five Business Days of receiving any draft, concept or test link. If no feedback is received, Monday Media may treat the item as accepted.
Bugs reported within thirty days of go live that relate to agreed scope will be resolved at no cost.
6. Intellectual Property and Usage Rights
6.1 General
On full payment for the relevant phase, the Client receives a perpetual worldwide licence to use:
-
Final approved graphics, text and images in delivered brand and web assets.
-
Final exported videos, audio and image files for business use.
This licence does not include any underlying Monday Media intellectual property. Monday Media retains ownership of:
-
Source code, scripts, system architecture and database structures.
-
Project files, edit timelines, templates and raw footage.
-
Proprietary strategies, processes, digital systems and know how.
The Client must not reverse engineer, resell, license or create competing systems using Monday Media IP.
6.2 Data
The Client owns all business data uploaded to or generated within any website, CRM or SaaS platform supplied by Monday Media. Monday Media owns the underlying systems.
7. Third Party Services
The Project may rely on third party platforms such as hosting, AI tools, payment gateways or analytics.
Monday Media will act in good faith when recommending tools but cannot guarantee performance or continuity of third party services.
The Client is responsible for third party subscription or usage fees unless included in the proposal.
8. Hosting, Domains and Support
Website hosting is supplied as an ongoing cost for the stated term. Renewals will be quoted separately.
The Client is responsible for domain registration and renewal unless otherwise agreed in writing.
If hosting or domain fees are unpaid, services may be suspended and data may be lost. Monday Media is not responsible for issues caused by delayed payment.
Support packages run for a minimum of twelve months and include the stated support hours and hosting. Unused hours do not roll over.
Urgent tasks and work outside support scope are billed at standard rates.
9. Liability and Indemnity
Monday Media delivers services with reasonable care and skill but does not guarantee commercial outcomes such as revenue, lead volume or ranking performance.
To the maximum extent permitted by law, Monday Media’s total aggregate liability for claims relating to a Project is limited to the total fees paid by the Client in the previous twelve months.
Neither party is liable for indirect or consequential loss.
Nothing in these Terms excludes consumer rights that cannot be limited under Australian Consumer Law.
Each party indemnifies the other for losses arising from its own breach or negligent conduct.
Neither party is responsible for delays caused by events beyond reasonable control such as natural disasters, outages or government action.
Monday Media will take reasonable measures to secure its systems but cannot be held liable for security breaches, data loss or unauthorised access caused by third party failures, malicious attacks or conditions outside its control.
These Terms are governed by the laws of Western Australia.
Schedule A Web and Hosting
A1. Content and Timelines
The Client must provide all required website content within the first four weeks of the Project. Delays may extend timelines and may attract additional charges.
A2. Testing
Testing is conducted on recent versions of Chrome, Safari and Firefox on Apple devices and common mobile devices. Additional device or browser testing can be arranged at extra cost.
A3. Infrastructure
Websites are developed using Wix Studio and hosted on Australian based AWS infrastructure under Monday Media’s agency environment.
The Client may request an export of their owned website assets after all invoices are paid. This export right applies only to website assets.
It does not apply to any custom CMS setup, custom code or any SaaS or CRM system supplied by Monday Media.
Schedule B Content and Video Production
B1. Ownership and Usage
The Client owns the final exported video files.
Raw footage, edit timelines, templates and project files remain the exclusive IP of Monday Media.
The Client must not alter, edit, trim, crop, reformat, remix or create derivative versions of Monday Media video content and must not engage a third party to do so without prior written consent. Additional editing can be commissioned from Monday Media.
Completed work may be used in Monday Media’s portfolio unless confidentiality is requested in writing.
B2. Revisions
Video edits include one round of minor revisions based on the approved concept.
Additional editing or changes to voiceovers or music will be billed at the standard hourly rate.
Schedule C CRM and SaaS
C1. Workflow Agreement
A Workflow Agreement will be created at the start of any CRM or SaaS development phase. It will define scope, functionality, user roles and workflows.
Development will begin only once both parties sign this document.
Material changes requested after signing may be treated as variations and quoted separately.
C2. Development, Testing and Revisions
A secure test environment will be provided during development.
The Client may request one round of minor revisions during testing if the changes are within the agreed scope and the signed Workflow Agreement.
A minor revision for SaaS is a change that can be completed in less than two business days and does not alter system structure, workflow or logic.
Requests that introduce new modules, change workflows or require re architecture will be treated as variations.
C3. SaaS Model and IP
SaaS platforms provided by Monday Media are supplied as managed products.
The Client is purchasing access, configuration and ongoing management.
Monday Media owns all IP including source code, system design, documentation and database structures.
The Client owns its business data and uploaded files.
The Client receives a licence to use the system for internal operations only and may not sublicense or provide access to third parties except staff or contractors directly engaged in their business.
C4. SaaS Fees and Usage Review
Annual SaaS and hosting fees will be stated in the proposal. The fee includes hosting, backups, monitoring, security patches and bug fixes within the agreed workflow.
Third party platforms required for integrations are billed at cost or paid directly by the Client.
After three months of live usage, the annual fee may be adjusted based on actual usage. Any adjustment will be reasonable and evidence based.
C5. Term and Termination
The SaaS subscription has a minimum term of one year from go live and renews annually unless either party gives sixty days notice before renewal.
If the Client cancels early, the remaining annual fee is still payable.
There are no refunds for SaaS fees already paid.
Access ends on the effective termination date.
C6. IP Buyout Option
If a Client wishes to purchase full intellectual property rights for a CRM or SaaS system supplied by Monday Media, they may request this after the system has been live for a minimum of three full years.
Any IP buyout is subject to Monday Media’s written agreement. If approved, the buyout price will be two hundred and fifty percent of the original CRM or SaaS development value stated in the proposal, payable in full prior to transfer.
Monday Media may retain the right to reuse non-client-specific components, patterns, frameworks and know how. Ongoing hosting, maintenance or support following an IP transfer would require a separate written agreement.
C7. Data Export
On written request and provided all invoices have been paid in full, Monday Media will supply a one time export of the Client’s business data in a commonly used format such as CSV or JSON.
Archived backups may be retained for a limited period for recovery or legal purposes and may then be permanently deleted at Monday Media’s discretion.