Last updated: February 03, 2025
These Terms & Conditions (“Terms”) govern your (“Client” or “you”) subscription to and use of the “Monthly Visuals” service (“Service”) provided by [Your Company Name] (“Company,” “we,” “us,” or “our”). By signing up for, paying for, or otherwise using our Service, you agree to be bound by these Terms.
1.1 Scope of Service
Our Service delivers bespoke AI-enhanced images and videos based on the content and/or brand guidelines you provide. We use AI-driven techniques plus professional editing and retouching to ensure on-brand, high-quality deliverables.
1.2 Subscription Packages
You may select one of the following packages according to your needs. All prices are in Australian Dollars (AUD) and exclude GST (10%) unless otherwise stated.
1.3. Add-Ons & Additional Services
2.1. Billing Cycle
Your subscription fee (corresponding to the selected package) will be charged monthly on the date you first sign up (the “Billing Date”), unless otherwise specified in writing. Payment is due in full at the start of each billing cycle.
2.2. Commitment Periods & Discounts
You may choose month-to-month, 6-month, or 12-month commitments:
Cancellation before the end of a 6-month or 12-month term may result in a penalty or require the Client to pay the difference between the discounted rate and the month-to-month rate for the used months, at the Company’s discretion.
2.3. Late Payments
If payment is not received within [14] days of the due date, we may suspend or terminate your access to the Service until all outstanding amounts are paid. We reserve the right to charge late fees or interest as permitted by law.
2.4. Taxes (GST)
All prices are quoted exclusive of GST. A 10% Goods and Services Tax (GST) applies to Australian-based clients and will be added to your invoice. You are responsible for paying this tax in addition to your subscription fees.
3.1. Delivery Process
We will deliver your monthly assets (images/videos) via a secure file-sharing method (e.g. Google Drive) within the stated turnaround time for your chosen package.
3.2. Revisions
Each delivered asset (image or video) includes 1 round of feedback/revisions to address minor edits (e.g., correcting hands, adjusting proportions, or small brand tweaks). Additional revisions or significant changes (e.g., major conceptual shifts or rebranding requests) may incur extra fees.
3.3. Brand Guidelines
You must provide complete brand guidelines (logos, fonts, color palettes, etc.) at the start of each subscription term. Any delay or lack of clarity in brand guidelines may affect turnaround times.
4.1. Provision of Assets
You confirm that all images, product photos, or other materials you provide are lawfully owned or licensed for use. We are not responsible for verifying ownership or licensing.
4.2. Timely Feedback
Your prompt review and feedback on deliverables ensures we meet agreed turnaround times. Delays in feedback or asset provision may result in adjusted timelines.
4.3. Approvals
All deliverables will be considered accepted if no written feedback is provided within 5 business days after delivery.
5.1. Pre-Existing Materials
You retain ownership of any materials you supply to us. We do not claim rights to your original photos, brand assets, or related content.
5.2. Final Deliverables
Upon receipt of full payment, you are granted a non-exclusive, royalty-free license to use, reproduce, and display the final images/videos for your business purposes. You may not resell or redistribute the deliverables to third parties without our prior written consent.
5.3. AI Models & Methods
We retain all intellectual property rights to our AI techniques, methods, software, and processes used to generate the deliverables.
5.4 Copyright
AI-generated images may not qualify for traditional copyright protection under Australian law, which requires human authorship; while human creative input may influence ownership, the legal status of such content remains unclear, and we recommend obtaining legal advice to understand the implications for commercial use.
5.5. Portfolio Use
We reserve the right to showcase the deliverables in our portfolio or promotional materials unless you provide a written request to opt out.
6.1. Term
Your subscription begins on the Billing Date and continues until canceled or otherwise terminated under these Terms.
6.2. Cancellation & Early Termination
You may cancel your subscription at any time by providing written notice at least [30 days] before your next billing cycle. However, if you committed to a 6- or 12-month term, early cancellation fees may apply as outlined in Section 2.2.
6.3. Termination for Breach
We may terminate or suspend your account if you fail to comply with these Terms or fail to make timely payments. No refunds will be provided if we terminate the agreement due to your breach.
7.1. No Guarantee of Results
While we strive to deliver high-quality, brand-aligned imagery and videos, we do not guarantee specific results (e.g., increased sales, social engagement). The Service is provided “as is.”
7.2. Limitation of Liability
To the fullest extent allowed by law, we shall not be liable for indirect, incidental, or consequential damages (including lost profits or business interruption) arising out of or related to these Terms or your use of the Service. Our total liability shall not exceed the total fees paid by you in the [three (3)] months preceding any claim.
8.1. Definition
“Confidential Information” includes any non-public or proprietary information disclosed by one party to the other in relation to the Service.
8.2. Obligation
Each party agrees to keep confidential any Confidential Information received from the other and use it only for the purposes of fulfilling these Terms.
You agree to indemnify, defend, and hold harmless the Company and its affiliates from any and all claims, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or misuse of the Service.
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising under these Terms shall be resolved exclusively in the Victorian law courts, unless the parties agree to an alternative dispute resolution method in writing.
We reserve the right to modify or discontinue any aspect of the Service at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
We may update these Terms from time to time by posting the revised version on our website or by notifying you via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
These Terms, along with any signed proposals, order forms, or agreements explicitly incorporating them, constitute the entire agreement between you and the Company regarding the Service, superseding all prior agreements, understandings, and communications.
f you have any questions or concerns about these Terms, the subscription packages, or billing, please contact us at:
Monthly Visuals
Level 7, 616 St Kilda Rd
Melbourne Vic 3004
+61 412 357 789
hello@monthlyvisuals.com.au
By subscribing to the Essentials, Growth, or Premium Package, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.