Terms and conditions


Last revised: 24/03/2023

The following terms constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Wellness Media Studio (“Wellness Media Studio”), (“we”, “us”) (A.C.N 16 155 671 766) and contain the terms and conditions that apply to your access and use to The Services provided by Us. 

    1. Please read these terms and conditions (the “Terms”) carefully. By engaging us, you signify that you agree to these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service. 
    2. Wellness Media Studio reserves the right to modify this Agreement and/ or the Policies (and update Wellness Media Studio Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
    1. Wellness Media Studio provides clients with website design and development services including (but not limited to):
      1. Website design and development;
      2. Copywriting;
      3. Content creation; and
      4. Other association social media services. 
    2. Clients of Wellness Media Studio will be provided with a draft for all content created. The Client is responsible for accepting all content provided by Wellness Media Studio, prior to publishing.
    3. Given the individualistic needs of our clients, for clients who have engaged Wellness Media Studio on an on-going monthly agreement (minimum 24-month commitment), a monthly figure is determined by the package chosen or a custom monthly quote from Wellness Media Studio will be provided based on their specific needs and requests from Wellness Media Studio. For further information about Payments and Bookings, please refer to Clause 5 and 6 of these Terms. 
    4. Business hours for Wellness Media Studio are: Monday to Friday, 9:00am to 5:00pm. However are flexible and is as agreed with the client. 
    5. The Client acknowledges that Wellness Media Studio may engage sub-contractors to assist in project work. 
    1. Wellness Media Studio is committed to safeguarding your privacy online. Please review our privacy policy here.
  1. LINKS
    1. This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Wellness Media Studio endorses, has investigated or verified the linked websites. 
    2. Wellness Media Studio makes no warranty or representation concerning these links or the linked websites and you acknowledge that Wellness Media Studio is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.
    3. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
    4. All prices displayed for services advertised on the Website, can be changed without notice.
    1. Payment of services and/or products will be in Australian Dollars (AUD). 
    2. Payment will be made via Electronic Funds Transfer (EFT) to a specified bank account of Wellness Media Studio, Stripe or PayPal (additional 3% surcharge fees applicable for PayPal). 
    3. In the event Wellness Media Studio are required to recover any unpaid costs through an external agency:
      1. all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and 
      2. where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
    4. All grants of any license to use or transfer ownership of any intellectual property rights (including but not limited to designs and artwork completed by Wellness Media Studio or its Sub contractors) under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.
    5. If additional reasonable costs are incurred in the course of delivering the Client the Services requested, the additional expenses will be added to the next monthly bill for the Client (for month by month clients), billed in the final invoice (for one-off project clients), or as agreed between Wellness Media Studio and the Client. 
    1. Clients who engage Wellness Media Studio have the option to:
      1. engage us under a monthly commitment (minimum 24 months commitment); or
      2. engage us for a one-off project. 
    2. A 50% non-refundable deposit (of the total service fee) will be required to confirm a one-off project. 
    3. Full and punctual payment of the remaining 50% for one-off projects are to be made within seven (7) of issuance of the final invoice. 
    4. Clients who have opted for a month-by-month service, acknowledge unless otherwise specified and agreed to in the Service Agreement, that it will be a minimum 24 months commitment. 
    5. Clients will be required to pay the first of the first monthly quoted service fee to Wellness Media Studio prior to the commencement of the agreement and/or Services. This is to confirm the client’s spot in our working calendar. A proof of payment will be required for records purposes. 
    6. As soon as Clause 6.4 has been fulfilled, commencement dates for the project, will then be confirmed with the Client. (“Commencement date”)
    7. Future monthly debits (for month by month clients) will then be automatically debited from an account provided by the Client to Wellness Media Studio a month from the Commencement date. 
    8. An electronic receipt will be provided to the Client. 
    9. Where the ending date to a monthly commitment agreement is approaching, Wellness Media Studio will contact the client to discuss whether the Client wishes to continue Services with Wellness Media Studio.
    10. Where the Client does wish to continue Services with Wellness Media Studio, a new or amended Service Agreement will be drafted detailing the new commitment dates.
    1. Owing to the nature of work provided by Wellness Media Studio, Clients who have engaged Wellness  Media Studio on a one-off project basis will not be able 
    2. Should the Client wish to terminate the agreement of a service by Wellness Media Studio (under a month by month basis), however, are yet to reach the minimum 24 month commitment period, the Client acknowledges that the deposit, as well as all fees, are strictly non-refundable, and the Client guarantees payment of the full amount, under a monthly installment, for the remainder of the agreed period (If not specified, minimum 24 month commitment).
    3. Wellness Media Studio may consider cancellations, refunds and partial refunds for works completed under a monthly agreement (minimum 24 months commitment) for exceptional circumstances. Wellness Media Studio holds full discretion in deciding this, and cases will be assessed on a case by case basis.  
    4. Where a Client wishes to discontinue Services from Wellness Media Studio following their minimum 24 month commitment, or following their committed period under the Service Agreement (whichever is relevant), it is recommended that they provide Wellness Media Studio with fourteen (14) days written notice via email of their desire to cancel services following the end of their Commitment date. 
    5.  Where a Client wishes to discontinue Services from Wellness Media Studio within their minimum 24 month commitment, or following their committed period under the Service Agreement (whichever is relevant), it is recommended that they provide Wellness Media Studio with fourteen (14) days written notice via email of their desire to cancel services following the end of their Commitment date. The client will responsible for paying 60% of the remaining contract amount.
    1. The Client shall make all reasonable efforts to provide needed information, materials and approvals to Wellness Media Studio in a timely manner. 
    2. Parties should in writing, inform the other party using all reasonable efforts, should a delay occur.
    3. The Client understands that any delays by the Client will result in a day for day extension of the due date for all deliverables. 
    4. Delays beyond the control of both parties (including but not limited to natural disasters, acts of government after the date of agreement, power failure, etc) shall not be considered a breach and will result in a day for day extension of any performance or deliverable due. 
    1. To the extent permitted by law, if Wellness Media Studio does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded. 
    2. Wellness Media Studio agrees to use all reasonable efforts to provide the Services. You acknowledge and agree that nothing in this agreement shall constitute by Wellness Media Studio an express or implied warranty or guarantee:
      1. that the Services will be free from external intruders, virus or worm attack, denial of service attack, or other persons having unauthorized access to services or systems of Wellness Media Studio; 
      2. as to the outcomes that may be obtained from use of the Services;
      3. as to any increase in revenue, profit or goodwill that may be obtained as a consequence of the Services; 
      4. as to the accuracy, reliability or content of any information provided through the Services. 
    1. Wellness Media is protected by XXXX
    2. In no event shall Wellness Media Studio, nor any of its officers, be liable to you or anyone for any delays, errors, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, physical, consequential or punitive damages or any legal costs arising out of, or in connection:
      1. the use of any products provided to you by Wellness  Media Studio;
      2. the use of information provided by you through for Wellness Media Studio and or its platforms; or
      3. you or anyone else being unable to access Wellness Media Studio for any reason.
    3. You indemnify and hold Wellness Media Studio harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Wellness Media Studio in respect of the:
      1. provision of the Services to You;
      2. use of the Services by You; and/or
      3. any breach of this agreement by You.
    4. Wellness Media Studio nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Wellness Media Studio, including such conduct or material transmitted by means by any other person. 
    5. When using social media and other content creation (ie websites), health practitioners should be aware that the National Law, their National Board’s code of ethics, privacy legislation, and professional conduct (the Code of Conduct) and the Guidelines for advertising regulated health services apply. Wellness Media Studio will merely create and provide content to its Clients, the Client takes full responsibility to confirm the accuracy, appropriateness, and the contents in any material or services provided by Wellness Media Studio. 
    6. When creating content for clients, the client will be required to provide expressed written consent to confirm that they have approved the content, as per Clause 9.5. 
    1. All material considered confidential by either party shall be designated as confidential.
    2. Such confidential information shall not be disclosed to third parties and shall only used as needed to perform this agreement.
    1. You agree that at all times that:
      1. You will comply with this Agreement (including all Wellness Media Studio Policies) and all applicable laws and regulations;
      2. You will provide accurate information, to the best of your knowledge, to Wellness Media Studio;
      3. You will not use Wellness Media Studio or any of its related services for any illegal or immoral purpose. 
    1. You own all rights, title and interest in and to all of Your Data and shall have sole responsibility for the accuracy, legality, reliability, integrity and quality of Your Data. 
    2. Wellness Media Studio will not be responsible for any loss, destruction, alteration or disclosure of any of Your Data caused by any third party. 
    1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Wellness Media Studio, its related entities or affiliates in any way whatsoever. 
    1. Wellness Media Studio reserves the right to deny service or terminate service because of safety concerns, financial concerns, or inappropriate or uncomfortable situations.
    2. Wellness Media Studio may terminate a contract with a Client if the Client fails to make his or her monthly payment sixty (60) days following the due date, and Wellness Media Studio have exhausted all attempted forms of communications with the Client to resolve the issue. 
    3. Limitation of Liability, and Mediation and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
    1. The information, text materials, graphics, logos, button icons, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Wellness Media Studio and or any of its Platforms are protected by copyright, trademark and other intellectual property laws. 
    2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by Wellness Media Studio.
    1. If the Client has a complaint about the Service they have received from Wellness Media Studio please contact us directly through admin@wellnessmediastudio.com. 
    2. Mediation will be the first cause of action, if communications between the Client and Wellness Media Studio to attempt to resolve the dispute has exhausted. 
    3. All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client. 
    1. The agreement herein is governed by the law in force in the State of Victoria and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
    2. If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
    1. Wellness Media Studio reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or
      relevant law.