Introduction

These Terms of Trade govern the provision of services by Agency Folk. By engaging Agency Folk, accepting a proposal, approving a quotation, or instructing us to commence work, you agree to be bound by these terms. These terms are intended to establish clear expectations and help ensure a positive working relationship between Agency Folk and its clients.

Quotations & Proposals

All quotations and proposals are provided based on the information available at the time of preparation and are valid for 30 days unless otherwise stated. Any work requested outside the agreed scope may be treated as a variation and quoted separately. Acceptance of a proposal, quotation, email confirmation or instruction to proceed constitutes acceptance of these terms.

Scope of Work

Agency Folk will provide services as outlined in the approved proposal, quotation or project brief. Any changes to the agreed scope, deliverables, timelines or requirements may result in additional fees and revised project schedules. We will always endeavour to discuss and agree upon any variations before proceeding.

Client Responsibilities

Clients are responsible for providing accurate information, content, approvals and feedback in a timely manner. Delays in the supply of information, approvals or required materials may affect project timelines and delivery dates. Agency Folk is not responsible for delays caused by circumstances outside its reasonable control.

Revisions & Variations

Project fees include the number of revisions specified within the proposal or quotation. Additional revisions, changes to approved concepts or requests outside the agreed scope may incur additional charges. Significant changes after project approval may require a revised quotation.

Payment Terms

Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. Agency Folk reserves the right to suspend work on projects where invoices remain unpaid beyond the due date. Ownership of final deliverables does not transfer until all outstanding invoices relating to the project have been paid in full. Agency Folk reserves the right to withhold final files, website launches, publication, transfer of assets or delivery of completed work until all outstanding invoices have been paid in full. Unless otherwise stated, all quotations and fees are exclusive of GST.

Deposits

Agency Folk may require a deposit prior to commencing work. Any required deposit will be specified within the proposal or quotation. Work will not commence until the deposit has been received.

Intellectual Property

All concepts, strategies, recommendations, creative ideas, proposals, designs, layouts, artwork, copy, photography, working files and other materials created by Agency Folk remain the intellectual property of Agency Folk unless otherwise agreed in writing.

Any concepts, directions, strategies, recommendations, designs or creative solutions presented during the course of a project remain the property of Agency Folk unless specifically purchased or included within the agreed deliverables. This includes preliminary concepts, draft designs, alternative creative directions, proposals, presentations, workshop outcomes and unused artwork.

Ownership of final approved deliverables transfers to the client only upon full payment of all invoices relating to the project. Until payment has been received in full, all intellectual property rights remain with Agency Folk.

Clients are granted the right to use final approved deliverables for their intended purpose as outlined within the project scope. Intellectual property rights do not extend to Agency Folk working files, source files, editable artwork, design systems, strategic frameworks, methodologies, templates, processes or proprietary tools unless specifically agreed in writing.

Clients may not reproduce, modify, distribute, implement or provide Agency Folk's concepts, strategies, recommendations or creative work to third parties without written permission. Where a project is not proceeded with, all concepts, recommendations, designs and supporting materials remain the property of Agency Folk and may not be used, reproduced or adapted in any form.

Agency Folk retains ownership of all pre-existing intellectual property, methodologies, systems, processes, know-how, templates and design approaches used in the delivery of services.

Unless otherwise agreed in writing, Agency Folk reserves the right to display completed work within its portfolio, website, social media channels, award submissions, case studies, marketing materials and promotional activities.

Website Hosting & Third-Party Services

Agency Folk may assist with the setup, management or coordination of websites, hosting, domains, email services and other third-party platforms. These services are provided by independent third parties and remain subject to their own terms and conditions. Agency Folk is not responsible for interruptions, outages, data loss, security incidents, software failures, hosting provider issues, domain registrar issues, email disruptions or other events beyond its reasonable control. While reasonable care is taken when managing digital assets, uninterrupted operation, availability and security of third-party services cannot be guaranteed.

Independent Contractors

Agency Folk may engage trusted contractors, consultants and specialist service providers where required to deliver agreed services. Agency Folk remains responsible for coordinating these relationships and maintaining appropriate professional standards throughout the delivery of services.

SEO & Marketing Services

Agency Folk provides SEO, marketing and communication services based on industry best practice and professional experience. However, search engine rankings, social media performance, website traffic, lead generation, sales outcomes and other business results are influenced by numerous external factors beyond our control. As such, Agency Folk does not guarantee specific rankings, engagement levels or commercial outcomes.

AI-Assisted Workflows

Agency Folk may utilise artificial intelligence tools to assist with research, ideation, content refinement, transcription and production efficiencies where appropriate. All strategic thinking, creative direction, design decisions and final deliverables remain subject to human review and professional judgement. Agency Folk will take reasonable steps to protect confidential information and will not knowingly enter sensitive client information into publicly accessible AI systems where doing so may compromise privacy, confidentiality or intellectual property rights.

Provision of Source Files

Unless specifically included within a proposal or quotation, editable source files are not included in project fees and remain the property of Agency Folk.

Strategy Workshops

Payment for strategic advice, recommendations, workshops or consulting services does not transfer ownership of Agency Folk's intellectual property, methodologies or frameworks.

Proposals

Agency Folk proposals, quotations, recommendations and strategic documents are provided solely for the purpose of evaluating and engaging Agency Folk's services and may not be provided to competitors or used to obtain alternative quotations based on Agency Folk's intellectual property.

Portfolio Rights

Unless otherwise agreed in writing, Agency Folk reserves the right to showcase completed projects, including designs, branding, websites, photography and related materials, within its portfolio, website, social media channels, award submissions and marketing activities.

Client-Supplied Content

Clients warrant that they have the necessary rights, permissions and licences for any content, images, logos, trademarks, copy, data or other materials supplied to Agency Folk. Agency Folk accepts no responsibility for copyright infringement, trademark disputes or other claims arising from materials supplied by the client. Agency Folk reserves the right to refuse the use of any content that may infringe copyright, trademark, privacy, defamation or other applicable laws.

Website Ownership

Unless otherwise agreed in writing, clients retain ownership of their website content and final website deliverables upon full payment. Third-party software, plugins, fonts, stock imagery, hosting services, domain registrations and licensed assets remain subject to the terms and ownership conditions of their respective providers. Agency Folk is not responsible for ongoing licence fees, subscription costs or third-party service charges unless specifically included within a support agreement. Unless otherwise agreed in writing, domain names registered on behalf of a client remain the property of the client, provided all associated fees and invoices have been paid in full.

Confidentiality

Both Agency Folk and the client agree to treat confidential information shared during the course of a project as confidential and not disclose it to third parties unless required by law or with prior written consent.

Force Majeure

Neither Agency Folk nor the client shall be liable for any delay or failure to perform obligations under these Terms of Trade where such delay or failure arises from circumstances beyond their reasonable control. This includes, but is not limited to, natural disasters, severe weather events, internet or telecommunications outages, cyber incidents, power failures, government actions, industrial disputes, illness, injury, pandemics or failures of third-party service providers. Where such circumstances occur, both parties will make reasonable efforts to minimise disruption and resume normal performance as soon as practicable.

Termination

Either party may terminate a project or ongoing engagement by providing written notice. The client agrees to pay for all work completed, committed costs incurred and services provided up to the date of termination. Any deposits paid are non-refundable once work has commenced. Agency Folk reserves the right to terminate a project or ongoing engagement immediately where invoices remain unpaid, where there is a breach of these Terms of Trade, or where a client engages in unreasonable, abusive or unlawful conduct.

Limitation of Liability

Agency Folk will perform all services with reasonable care, skill and professionalism. To the maximum extent permitted by law, Agency Folk's liability is limited to the value of the fees paid for the specific services giving rise to the claim. Agency Folk is not liable for indirect, consequential or incidental losses, including loss of profits, revenue, business opportunities, goodwill or data.

If you require more information

Please contact Agency Folk Pty Ltd on hello@agencyfolk.com.au

ABN: 40 692 500 557

Effective Date: 30 May 2026