Creator Club — Terms of Engagement
Version 1.0 — June 2026 · Published at creatorclub.com.au/terms
Creator Club (ABN 95 168 734 359) — “Creator Club”, “we”, “us” The Client named in the attached or accompanying Proposal — “you”
This Agreement, together with your Proposal and itemised Investment (the “Engagement Documents”), forms the entire agreement between us. If anything in a Proposal conflicts with this Agreement, the Proposal wins for that engagement.
1. How this Agreement starts
These Terms are incorporated into every Creator Club proposal by reference. You accept by signing a Proposal electronically, or by paying the first invoice — whichever happens first. We accept by commencing the work. No countersignature is required. The version of these Terms current at the date of your acceptance applies for your engagement; we’ll notify you of any material change to these Terms that affects an ongoing retainer, and the change takes effect from your next monthly renewal.
2. What we’ll do
We’ll deliver the services described in your Engagement Documents with due care, skill and honesty. Monthly retainer inclusions are as itemised in your Proposal. Work outside those inclusions is always scoped and priced in writing, and only begins once you approve it — no surprise invoices, ever. Website builds include a 60-day warranty after launch covering defects in our work; changes, content updates and third-party platform issues are handled under maintenance or the rate card.
3. Term and ending the engagement
a. Retainers begin with an initial three-month foundation period — the systems we build need time to be set up before they can perform, and this protects the value of that setup for both of us. After the foundation period, the retainer continues month to month. b. After the foundation period, either of us may end the retainer with 30 days’ written notice. Project work ends on delivery. c. Either of us may end this Agreement immediately by written notice if the other commits a serious breach that isn’t remedied within 14 days of notice, or becomes insolvent. d. Fees for work performed up to the end date remain payable. Sections 8, 9, 10, 12 and 14 survive the end of this Agreement.
4. Deliverables, carry-over and payment
a. Retainers are billed monthly in advance and purchase that month’s strategic capacity and the inclusions itemised in your Proposal. We work to deliverables, and deliverables may carry over between months — for example where revisions, approvals or third-party dependencies extend a timeline. Carry-over of a deliverable does not suspend, reduce or defer the payment obligation for any month. b. Project fees are billed as set out in your Proposal; fixed-price projects require a 50% deposit before work begins, with the balance on delivery. One-off items are invoiced on confirmation. c. All amounts are in Australian dollars and exclusive of GST unless stated otherwise. d. Third-party costs — platform subscriptions (including the Creator Hub), SMS and email usage, stock assets, fonts, plugins, advertising spend — are passed through at cost. e. Invoices are payable within 7 days. If an invoice remains unpaid 14 days after its issue date, all work across the engagement pauses until the account is brought current — including any deliverables carried over from a prior month. Paused time doesn’t extend deadlines or accrue make-up work. f. Where a paid audit or strategy fee is stated as credited toward later work, that credit applies as described in your Proposal. g. Retainer fees may be reviewed at each 12-month anniversary of the engagement, with any change notified at least 30 days in advance.
5. Revisions and approvals
a. Each deliverable includes up to two rounds of revisions. Further rounds, or changes that alter the agreed brief, are quoted from our rate card before work continues. b. Where your review or approval is requested and not provided within 5 business days, the deliverable is deemed approved and the engagement moves forward. We’ll always remind you before that happens.
6. What we need from you
Timely access to accounts and platforms, accurate information, brand assets, and approvals. You warrant that material you supply doesn’t infringe anyone else’s rights and is accurate. Where your approval is required, delays in providing it may shift delivery dates — we’ll always tell you when that’s happening.
7. Compliance and regulated content
We prepare content with regard to Australian advertising and marketing requirements applicable to your industry, including (where relevant) requirements applying to therapeutic goods and health services, and we use independent compliance proofing where your Proposal states it. However: you remain responsible for the legal compliance of your business, products and services, and final sign-off of any published content rests with you. We are marketers, not your lawyers or regulatory advisers.
8. Intellectual property
a. On payment in full, you own the final deliverables created specifically for you. b. We retain ownership of everything we brought to the table — our pre-existing materials, methods, templates, tools, code libraries and know-how — and grant you a perpetual licence to use them as embedded in your deliverables. c. Third-party assets (fonts, stock images, plugins, platform components) are licensed under their own terms. d. We may reference and display the work in our portfolio and marketing unless you ask us not to in writing.
9. Platforms, accounts and your data
a. The Creator Hub and similar platforms are provided on third-party infrastructure; availability is subject to those providers’ terms. b. Your data is yours. At the end of an engagement we’ll export your contact and campaign data to you on request. c. Each of us will handle personal information in accordance with the Privacy Act 1988 (Cth) and, where applicable, your obligations to your own clients and patients. d. Credentials we hold for your accounts are stored securely and surrendered or destroyed at the end of the engagement.
10. Confidentiality
Each of us will keep the other’s confidential information confidential, use it only for this engagement, and disclose it only to people who need it and are bound by similar obligations. This doesn’t apply to information that’s public, independently known, or required to be disclosed by law.
11. Results, honestly
We bring market insight, structure and disciplined execution. We do not guarantee specific search rankings, traffic volumes, lead numbers, follower counts or revenue outcomes — no honest agency can, and we’d rather be the agency that tells you that upfront.
12. Liability
a. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee or right under the Australian Consumer Law or other law that cannot be excluded. b. To the extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement is capped at the fees you paid us in the 3 months before the event giving rise to the claim. c. Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of data, or loss of opportunity. d. Each party’s liability is reduced to the extent the other party’s acts or omissions contributed to the loss.
13. Our team and subcontractors
We may use employees and vetted contractors (for example, independent compliance proofing) to deliver the services, under obligations consistent with this Agreement. We remain responsible for the work.
14. Non-solicitation
During the engagement and for 12 months after it ends, neither party will directly solicit for employment or engagement any employee or contractor of the other who was involved in the engagement, without the other’s written consent. General public job advertisements aren’t a breach.
15. Changes
Variations to scope, fees or these terms must be agreed in writing — email is fine. Continuing to instruct us after a notified change to scope constitutes acceptance of that change.
16. Disputes
If something’s wrong, tell us — we’ll meet (in person or by video) within 10 business days and try to resolve it in good faith before either of us takes any further step. This clause doesn’t prevent either party seeking urgent relief from a court.
17. General
a. Relationship: we’re an independent contractor, not your employee, partner or agent. b. Notices: in writing, by email to the addresses in the Engagement Documents. c. Assignment: neither party may assign this Agreement without the other’s consent, not to be unreasonably withheld. d. Severability: if any clause is unenforceable, the rest stands. e. Governing law: Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of its courts.