The following Terms and Conditions apply to all goods and services supplied by Motion By Design Pty Ltd (ABN 79 629 964 763) (“Supplier”) to its customers (“Customer”). By engaging Motion By Design, accepting a quotation, or paying an invoice, the Customer agrees to be bound by these Terms.

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• Additional Services means any additional goods or services supplied outside the original scope.
• Additional Costs means charges applicable to Additional Services.
• Contract means a contract formed in accordance with clause 2.
• Customer means the person or entity engaging the Supplier.
• Deliverables means the final creative outputs supplied to the Customer.
• Goods and Services means all services and deliverables supplied by the Supplier.
• Invoice means a tax invoice issued by the Supplier.
• Price means the amount payable as stated in the Invoice.
• Quotation means a written proposal outlining scope and estimated costs.
• Supplier means Motion By Design Pty Ltd.

2. Contract Formation

A contract is formed when the Supplier accepts a Customer offer by written confirmation, performance, or issuing an Invoice. These Terms apply to all Contracts and override any Customer purchase order terms.

3. Price and Payment

• Prices are exclusive of GST unless stated otherwise.
• A 50% deposit is required before work commences.
• The remaining 50% is payable within 14 days of delivery of final Deliverables.
• Late payments may incur a 10% fee every 14 days plus interest and recovery costs.
• Additional Services are charged at current rates, including additional revisions beyond scope.

4. Variations

Any variation to scope must be agreed in writing and may incur additional costs. The Supplier is not liable for delays caused by force majeure events.

5. Safety and Site Preparation

The Customer must provide a safe and prepared site. Any delays or rework caused by inadequate preparation will be charged as Additional Services.

6. Liability and Indemnity

Liability is limited to the maximum extent permitted by law. The Supplier is not liable for indirect or consequential loss. Customers indemnify the Supplier against losses arising from misuse of Deliverables.

7. Insurance

Both parties must maintain appropriate insurance, including public liability and professional indemnity.

8. Intellectual Property

• Ownership of Deliverables transfers upon full payment, excluding pre-existing materials.
• The Customer receives a perpetual, non-exclusive licence to use incorporated pre-existing materials.

9. Termination and Cancellation

Either party may terminate for material breach. Cancellation fees apply, including full costs for cancellations within 48 hours of scheduled shoots.

10. Dispute Resolution

Disputes must first be resolved through good-faith negotiation, followed by mediation before court proceedings.

11. Jurisdiction

These Terms are governed by the laws of South Australia.

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Privacy Policy

Motion By Design Pty Ltd is committed to protecting your privacy and handling personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

1. Information We Collect

We may collect personal information including:

• Name, business name, email address and phone number
• Billing and payment information
• Project-related information provided by clients
• Website usage data (cookies, analytics)

2. How We Collect Information

Information is collected when you:

• Contact us or submit an enquiry
• Engage our services
• Subscribe to marketing communications
• Use our website

3. Use of Information

We use personal information to:

• Provide and manage our services
• Communicate with clients and suppliers
• Issue invoices and process payments
• Improve our services and website
• Meet legal and regulatory obligations

4. Disclosure of Information

We may disclose personal information to:

• Employees and contractors
• Third-party service providers (e.g. hosting, accounting, analytics)
• Legal or regulatory authorities when required by law

We do not sell personal information.

5. Storage and Security

We take reasonable steps to protect personal information from misuse, loss or unauthorised access. Information is stored securely using industry-standard systems.

6. Access and Correction

You may request access to or correction of your personal information by contacting us using the details below.

7. Cookies and Analytics

Our website may use cookies and third-party analytics tools to improve user experience. You can disable cookies in your browser settings.

8. Marketing Communications

You may opt out of marketing communications at any time using the unsubscribe link or by contacting us directly.

9. Changes to This Policy

We may update this Privacy Policy from time to time. The latest version will always be available on our website.

10. Contact Us

For privacy-related enquiries, please contact:

Motion By Design Pty Ltd
Email: hello@motionbydesign.com.au