Terms of Service
These Terms of Service ("Terms") apply to your use of this website and to any services Belac Media ("we", "us", "our") agrees to provide you. Specific engagements are also governed by a signed proposal, statement of work, or service agreement ("Service Agreement"). If anything in these Terms conflicts with your Service Agreement, the Service Agreement prevails for that engagement.
1. Accepting these terms
By using our website, requesting a quote, or entering into a Service Agreement, you agree to these Terms. If you do not agree, do not use our site or engage our services.
2. Australian Consumer Law
Nothing in these Terms restricts, excludes, or modifies any right or remedy you may have under the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law or ACL), or other laws that cannot lawfully be limited. If you are a "consumer" under the ACL, certain statutory consumer guarantees apply to services we supply in trade or commerce. Those guarantees exist independently of these Terms.
Where we supply services under a standard form consumer or small business contract (as those expressions are defined in the ACL), unfair contract terms may be void under Part 2-3 of the ACL. Only a court or tribunal can decide whether a term is unfair. Information for consumers and small businesses is published by the ACCC.
Subject to the ACL and any other non-excludable laws, our liability is limited as set out in section 11 below.
3. What we provide
We offer creative and operational support related to your digital presence—for example brand-aligned visuals, social content workflows, scheduling tooling guidance (such as platforms like Planable or Meta Business Suite where relevant), and related consultancy. The exact scope, deliverables, milestones, and fees are set out in your Service Agreement.
4. No promise of "viral" results or guaranteed growth
Our role is to help you progress your digital presence with consistency in posting and alignment in branding—not to promise spikes in reach, impressions, followers, engagement, leads, or revenue.
- We do not guarantee that content will go viral, trend, or achieve any particular level of visibility on social platforms or elsewhere.
- We do not promise a "boost" in social metrics. Algorithms, competition, seasonality, ad spend, platform rules, and audience behaviour are outside our control.
- Exceptional reach or viral-style performance may occur, but if it does it is incidental and not something we commit to delivering.
Past examples or case references (if any) are illustrative only and do not guarantee similar outcomes for you.
5. Your responsibilities
You agree to:
- Provide accurate information, timely feedback, and approved assets when requested.
- Maintain your own accounts on third-party platforms (for example Meta or scheduling tools) and comply with those platforms' terms and policies.
- Ensure you have the rights to any materials you supply (logos, photos, music, etc.).
6. Intellectual property
Unless your Service Agreement says otherwise: we retain rights to our processes, templates, and pre-existing materials; client-specific deliverables and transfers of ownership or licence are as specified in the Service Agreement.
7. Fees and payment
Fees, invoicing, deposits, expenses, and late payment terms are set out in your Service Agreement. Failure to pay amounts due may result in suspension or termination of work as described there.
8. Third-party platforms and tools
We may use or recommend third-party products (hosting, scheduling, analytics such as Google Analytics 4 or Google Tag Manager on our public Site as described in our Privacy Policy, advertising interfaces, etc.). Those services are provided by their respective vendors; your use is subject to their terms. We are not responsible for outages, policy changes, or actions those platforms take regarding your content or accounts.
9. Confidentiality
Each party will treat non-public business information shared for the engagement as confidential, except where disclosure is required by law or already public. Further confidentiality obligations may appear in your Service Agreement.
10. Privacy
Our handling of personal information is described in our Privacy Policy, prepared with reference to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
11. Limitation of liability
To the fullest extent permitted by applicable law (including the ACL), we are not liable for indirect or consequential loss, lost profits, or lost opportunities—including any claim tied to social metrics or virality.
Where liability cannot be excluded or capped under the ACL or other non-excludable laws, our liability is governed by those laws. Otherwise, our aggregate liability arising out of or relating to an engagement is limited to the fees you paid us for that engagement in the twelve (12) months before the claim, unless your Service Agreement sets a different cap.
12. Termination
Either party may terminate an engagement as set out in the Service Agreement. Provisions that reasonably should survive (including intellectual property, confidentiality, and limitation of liability) continue after termination.
13. Electronic communications
You consent to us communicating with you electronically (including email and messaging tools we use in delivering services). You are responsible for supplying accurate contact details and for virus-filtering or technical barriers at your end that might block our messages.
14. Disputes
The parties will attempt to resolve disputes in good faith through direct discussion. If you are a consumer and believe we have breached the ACL, you may contact ACCC or Consumer Protection Western Australia for information about your options. Nothing in this section prevents you from exercising any non-waivable statutory right.
15. Changes to these Terms
We may update these Terms from time to time by posting a revised version on this page. The "Last updated" date will change accordingly. Continued use of the site or new engagements after updates constitutes acceptance of the revised Terms, except where your signed Service Agreement expressly overrides them or non-excludable law applies.
16. Governing law
These Terms are governed by the laws of Western Australia, Australia. Courts in Western Australia have non-exclusive jurisdiction, subject to any mandatory protections that apply where you are located.
17. Contact
Questions about these Terms or your engagement: caleb@belacmedia.com.au.